HomeMy WebLinkAbout _ 4.5(b)--Extension of Modesto Irrigation District Financing Authority Joint Powers Agreement GI �" Y � F
� � � ° � � � " � � CITY OF REDDING
REPORT TO THE CITY COUNCIL
MEETING DATE: March 21, 2023 FROM: Nick Zettel, Director of
ITEM NO. 4.5(b) Redding Electric Utility
***APPROVED BY***
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�k et e o� �rcctor�i9' e in r tric�Llt'rtity 31tJ2��3 �� �}r ippin,Ci ��� �na � � 3/�412423
nzettel@cityofredding.org btippin@cityofredding.org
SUBJECT: 4.5(b)--Extension of Modesto Irrigation District Financing Authority Joint
Powers A eement
Recommendation
Adopt Resolution approving and authorizing the City Manager to execute the First Amendment
to the Joint Exercise of Powers Agreement (C-2489) with Modesto Irrigation District to extend
the term through August 1, 2040.
Fiscal Impact
There is no fiscal impact to the City of Redding associated with the extension of the agreement.
Alternative Action
The City Council could choose not to approve the amendment. The agreement would not be
amended to provide the Modesto Irrigation District the opportunity it seeks.
Background/Analysis
Joint powers are exercised when public officials of two or more agencies create another joint
legal entity and execute a Joint Powers Agreement (JPA) for a financing authority to be
established. The City of Redding (City) and the Housing Authority of the City of Redding
established a financing authority called the Redding Joint Powers Financing Authority (RJPFA).
Borrowing money through RJPFA allows debt for certain projects to be sold as revenue bonds.
Revenue bonds are sought after in the marketplaee. Therefore, lower interest rates (and, thus,
cost savings to customers) can be achieved when a financing authority is used to issue bonds.
The City has a similar agreement with 1Vlodesto Irrigation District (MID) that was executed in
1989. These are eonvenient partners as both agencies were and continue to be partners in
multiple energy projects through the Modesto-Santa Clara-Redding JPAs. The JPA, Modesto
Irrigation District Financing Authority (MIDFA), serves as a financing mechanism like RJPFA
does for the City of Redding. The agreement expired in 2019, but the JPA technically remains
Report to Redding City Council March 16,2023
Re: 4.5(b)--Extension of Modesto Irrigation District Financing Authority Joint Powers
Agreement Page 2
active as the JPA has outstanding debt. MID has requested the City consider amending the
MIDFA agreement to extend the agreement through August l, 2040, thereby allowing MID to
issue new debt. The City's permission is not required for MIDFA to undertake financing, but
amending the MIDFA agreement does require the City's approval.
The MIDFA agreement, as originally adopted, was intended to ensure that MID, not the City,
was ultimately responsible for all construction and operating risk undertaken through the
MIDFA. The requested amendment does not alter this relationship.
There is no cost or potential liability to the City, nor is any role created for City staff or Council
members concerning the adininistration of the MIDFA.
Environmental�eview
This is not a project defined under the California Environmental Quality Act, and no fiirther
action is required.
Council Priority/City Manager Goals
❑ This agenda item is a routine operational item.
Attachments
^MIDFA 2023 City Council JPA Resolution
Exhibit A - MIDFA 2023 JPA Amendment
MIDFA 1989 City Council Staff Report
MIDFA 1989 City Council JPA Resolution
MIDFA 1989 City Council Minutes
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND ADOPTING THE FTRST AMENDMENT TO THE
JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN
THE CITY OF REDDING AND THE MODESTO IRRIGATION
DISTRICT
WHEREAS, pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the
Government Code, the City of Redding ("City") entered into a Joint Exercise of Powers
Agreement ("Agreement")with the Modesto Irrigation District("District") on July 1, 19$9; and
WHEREAS, the Agreement created a joint exercise of powers entity entitled the
"Modesto Irrigation District Financing Authority;" and
WHEREAS, pursuant to Section 3 of the Agreement, the Agreement term has expired -
unless extended by written agreement between the City and the District; and
WHEREAS, the City and the District have agreed to extend the term of the Agreement;
and
WHEREAS, the First Amendment to the Agreement is attached hereto and incorporated
herein as Exhibit A to this Resolution.
NOW THEREFORE, the City Council of the City of Redding hereby finds, determines,
declares and resolves as follows:
Section 1. All of the recitals set forth above are true and correct, and the City Council
so finds and determines.
Section 2. That the City Council hereby approves the First Amendment to the
Agreement, attached as Exhibit"A."
Section 3. The City Council hereby authorizes and directs the City Manager or
his/her designee to take a11 such further actions, and to execute such additional documents, as are
necessary to implement the intent of this Resolution and the terms of the First Amendment of the
Agreement and the Joint Exercise of Powers Agreement.
Section 4. This Resolution shall take effect from and after its adoption and approval.
[Remainder of this page intentionally left blank]
I hereby certify that the foregoing resolution was introduced and adopted by the City Council of
the City of Redding at a regular meeting held on the 21st day of March, 2023, by the following
vote of the members thereof:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
MICHAEL DACQUISTO, Mayor
ATTEST: FORM APPROVAL:
PAMELA MIZE, City Clerk BARRY E. DeWALT, City Attorney
CERTIFICATE OF THE CLERK
I, , City Clerk of the City of Redding (the "City"), hereby
certify that the foregoing Resolution No. 23- , is a fu11, true, and correct copy of a
resolution duly adopted at a regular meeting of the City Council of the City duly held in
Redding, California, on , 2023, of which meeting all of the members of said
City Council had due notice.
I further certify that I have carefully compared the foregoing copy with the original
minutes of said meeting on file and of record in my office; that said copy is a ful1, true, and
correct copy of the original resolution adopted at said meeting and entered into said minutes, and
that said resolution has not been amended, modified, rescinded, or revoked in any manner since
the date of its adoption, and the salne is now in full force and effect.
An agenda of said meeting was posted at least 72 hours before the meeting at 777
Cypress Street, Redding, California 96001, a location freely accessible to members of the public,
and a brief general description of such resolution appeared on such agenda.
Dated: , 2023.
City Clerk of the City of Redding
40247930.t
EXHIBIT "A"
FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BY
AND BETWEEN MODESTO ZRRIGATION DISTRICT AND THE CITY OF REDDING
FIRST AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT BY
AND BETWEEN MODESTO IRRIGATION DISTRICT AND THE CITY OF REDDING
THIS FIRST AMENDMENT THE JOINT EXERCISE OF POWERS AGREEMENT
BY AND BETWEEN MODESTO IRRIGATION DISTRICT AND THE CITY OF REDDING
("First Amendment") is entered into effective as of day of , 2023, by and
between the MODESTO IRRIGATION DISTRICT, an irrigation district duly organized and
existing in the State of California ("District"), and the CITY OF REDDING, a municipal
corporation duly organized and existing in the State of California ("City"), each individually
referred to as a"Party" and collectively as the "Parties."
RECITALS
A. On July 1, 1989, the Parties entered into a Joint Exercise of Powers Agreement
("Agreement"). Pursuant to Article 1 of Chapter 5 of Division 7 of Title 1 of the Government
Code, the Parties created a joint exercise of powers entity entitled the "Modesto Irrigation
District Financing Authority" ("Authority"). The Authority has the power to jointly exercise any
powers common to the City and the District.
B. Pursuant to Section 3 of the Agreement, the Agreement term has expired - unless
extended by written agreement of the Parties.
C. The Parties agree to extend the term of the Agreement.
NOW THEREFORE, the Parties agree as follows:
L The Recitals set forth above are true and correct and are hereby incorporated into
this First Amendment.
2. The Agreement shall be extended through August 1, 2040.
3. Except as expressly provided herein, the remaining provisions of the Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first above written.
MODESTO IRRIGATION DISTRICT CITY OF REDDING
By: By:
Name: Name:
Title: Title:
1.
006218.0007139
541965.1
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IRESOLUTION NO. �"�.��
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, RESOLUTION OF THE CITY OF REDDING AUTHORIZING THE I
EXECUTION AND DELIVERY OF A JOINT EXERCISE OF POWERS
AGREEMENT BY AND BETWEEN THE CITY OF REDDING AND THE �
�'� MODESTO IRRIGATION DISTRICT AND APPROVING THE
� FINANCING THROUGH THE MODESTO IRRIGATION DISTRICT
I� FINANCING AUTHORITY OF NOT TO EXCEED $40, 000, 000
AGGREGATE PRINCIPAL AMOUNT OF CEP.TIFICATES OF
l; PARTICIPATION FOR THE MODESTO IRRIGATION DISTRICT
� ( 1989 1�AIN CANAL TUNNEL AND CAPITAL IMPROVEMENTS
� � P������.� ` �
�, �,. � �
� �i��REAS, Ar����e 1 of Chapter 5 of Division 7 of
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Title J� ��' the Governm���fCode of the State of California (the
I 4
� � y 5,'
"Act" ) ��thorizes and et�owers the City of Redding (the
�I n �i n „
City ) ���1 the Modesto Irrigation District (the District )
�� �� � ' > �
�, �
to form a ����� ��we�� ���'��s���y and Article 4 of Chapter 5 of
� � ;i I
� Division 7 of Titl� }�,��_�� of the G���rnment Code of the State of
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Califcrnia (the "M���s-Roos ����1 Bc��d Pooling Act of 1985" )
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�� authorizes and em ow�� � � � '� to cause to be
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issued certificates of partic�,���.ion for ��1e purpose of
� financing public capital �;��'��t��ments,��,��*kin� �apital,
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, .,
�� liability and other insii��nce i����;� �� �roj���,s whenever there
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� � are significant public benefits as��determi������by t}��, �,�cal
�
��� �
! ' agency; and �� � �
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� � � WHEREAS, the City and th� ��,��'��'ct desire to create
� � .
�i ��� and establish, pursuant to the laws of the State of
�
,j � California, the Modesto Irrigation District Financing
'� �� Authority (the "Authority" ) for the purpose of financing the �
�� ` ; acquisition, installation and improvement of certain '
�
�I' generation, transmission and distributior. facilities and
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i'� administration facilities and equipment ,of the District (the
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� ' WHEREAS, there has been presented to this meeting a !
�� � proposed form of Joint Exercise of Powers Agreement, dated as
�
� � of July 1, 1989 (the "Joint Powers Agreement" ) , by and between
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I � the City and the District, which Joint Powers Agreement
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1 creates an/d� ������1����s the Authority; and
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� � � ���REAS, the' ��ty has determined that it is �
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; ��� desira���' and furthers ��,'� public purpose and that there are
' �I
�. ' signif�.���t public benef��ts to be derived from securing the
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� �� assistan�;� �f the Authori�� in financing the Project in that
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� the City an��������'„'°'�Sis�����'� wi�� t ,enefit from demonstrable
� �.
� � savings in the cos�t ��� financi��;the Project as a result of
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� � � their pa�rticipation �� the A�`���rit ��d the financing of the
, �
' ' Proj ect by the Authorij'��t ����'uar�� '��s "��� �arks-Roos Local Bond I
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' Pooling Act of 1985; and ��„ ,t
� �� �� ,
�j� WHEREAS, in ord�� �o ��chieve ���,� pt���ic purpose,
i i� � �� , ,.,� ��
! i the City desires to appr���e the �����,��ng ofF ,��e Project by
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the Authority through the issuance of not �� exce�c� �
' � � �` � s � �,�z ����� �
� $40, 000, 000 in aggregate principal ,amoun� �� �����"i�ficates of
�' � ' s,r. ,
�'� �I Participation for the Modesto Irrig�`��,�� �"�'istrict ( 1989 Main ;
� Canal Tunnel and Capital Improvements Project) (the I
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� "Certificates" ) ;
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i WHEREAS, pursuant to the Act the City shall not be
I�' obligated in any way for the debts, liabilities and
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; � obiigGtions of either the Authority or the District as i
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specified in the Joint Powers Agreement, and the obligation to �
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District and for which the City has no obligation whatsover,
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I and which limitation on liability of the City is in accordance
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;, with California Government Code Section 6508. 1;
N��� ��������E, BE IT RESOLVED by the City Council ��
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of the C,��`��'�`of Redding�� �,� follows :
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� ;'. ������Section 1 . T��; City Council hereby finds and (
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I � determi��� that the execution and delivery of the Joint Powers
� ' '`
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Agreemen�� ��d the ,�onsumm��,,�on of the transactions �
� , �
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� ( contemplated ''�������`ein �����1� re`���,t in significant public �
� '�'� '�' .
� ; � benefits to the Ci��= ��n that t��`�District and the City expect
�, ,
� E,' to benefit from dem���trable�����ring�, �� costs related to
� �
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i �� finaricing public capi�'��� ,,,�����ove�����, �'������luding the Project,
�s ' '
; � , under the Marks-Roos Local Bc��� �''ooling P���� of 1985 .
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�� �I Section 2 . The � '
� ���p��ed forr�� �� Jo��� Powers
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�� Agreement, on file with ��ie City ������ ��of tY�� �ity and
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'� i� incorporated by reference as if fully set ���th h���'��y� is �
' � � �� � ��" �� �� �
, ;' hereb a roved. The Ma or of the Cit i ����� "�� authorized
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� �� to execute, and the City Clerk of �''�� ���y�� is hereby � �
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� j authorized to countersign and deliver, the Joint Powers '
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Agreement, in substantially said form with such changes
. ;
therein as shall be approved by the City Attorney of the City
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; � and by the Mayor executing the same, with such execution to I
� constitute conclusive evidence of such officer' s approval and �
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�; the City' s approval of any changes or revisions therein from I�
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of the City. ;j
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'� i� Section 3 . The City of Redding hereby approves the �
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I' issuance through the Modesto Irrigation District Financing
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�'
� amount of ������������ �of Participation for the Modesto �
� � � �„��� . �
� ' Irrigati���, T�istrict ( 1�'��� Main Canal Tunnel and Capital �
;,
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i �ia lmprov����its Project) ; ���vided, that in accordance with the ;
��
� Act anc� '�he Marks-Roos Local Bond Pooling Act of 1985,
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' !; Section 6508.��:������`��d S�'����,�on 2 t�� ,the Joint Powers Agreement,
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� � all responsibility �,�r the pay���t of the principal and
� j��� interest re resente�, �y the ��'���ifi ��� �
� p } ���es and any other amounts
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���� of any description re���`�,�,���� fr�� �' ������"�ed in any way to
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'I ' such Certificates shall be o ,����e res on��'�ilit of the
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� District and the City sh�,�'�'�}���`� no re��'�sib���:�ty therefor.
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Section 4. This resolution shall take effect
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} � PASSED AND ADOPTED on Ju ?��✓ 5 , 1989, by the �
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� following vote: I
�„
AYE S: E�uffum, Dahl , Fulton, Johannessen, & Carter
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NOES: PJone
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� CITY CLERK' S CERTIFICATE
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'�� I , Ethel A. Nichols, City Clerk of the City of
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� Redding do hereby certify as follows:
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� The foregoing resolution is a full, true and
�.
I { correct copy of a resolution duly adopted by a vote of a
' ; ' � }
i � majority of, ��� ����'�� ��uncil of the City of Redding at a
� C�; �'` , � ' r
� special ���ting of saic� ��ty Council duly and regularly and
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� legally ��ld at the Cit�s,�f Redding, California, on July 5 ,
1989, o�` �hich all of such City Council members had due
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, notice, a� ���lo�t��
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' ��� AYES: Buff`um`;����Dahl �, ���'ton, �����nessen, & Carter �
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' NOES: l ' '
None t
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�� ;� ABSENT: None � ������ �
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��� 72 hours before said meetin � ��0 Parkv��� �venue
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'� �' Reddin California 96001 �; �; ation ,,.����s ��1 �essible to
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I �' members of the public, an�' a br�i��'s ��'���"riptis��'`of said
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� jj resolution appeared on said agenda. � ,,,,.�.���� ��
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� ;i I have carefully compared,,,the f������.�t� with the
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� �ti original minutes of said meeting on'����� �'��� ��"�'and of record in my
' � office, and the foregoing is a full, true and correct copy of
,
� the original resolution adopted at said meeting and entered
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; �I .
� Dated: �ul.y 5 � 1989
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�� C�z�Y� � �1�_��.L
'�
�' '' t Ethel A. Nic ols, City Clerk
�� City of Redding
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� JOINT E���CISE OF POWERS AGREEMENT �
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�i � JOINT EXERCISE OF POWERS AGREEMENT I
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�� � THIS JOINT EXERCISE OF POWERS AGREEMENT, dated as of
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July 1 , 1989 (herein called the "Agreement" ) , by and between
� the MODESTO IRRIGATION DISTRICT, an irrigation district duly
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'' ! � organized and ehisting in the State of California, under and
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,�'� ��, by virtue �� ����°` ��aw�� �� the State of California (herein ��
f i � ��
' �', called t��� ����District" ) � �� the CITY OF REDDING, a municipal �
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�; �'�, corpor���,�n duly organi��� and existing in the State of
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' Califor���, under and by virtue of the Constitution and the
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�' �� laws of t�� ���„��„�,�f Ca������,�,a (herein called the "City" ) ;
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! I�� W�-iEREAS, Artic�e"'��"��l .of,�pter � �;f Division 7 of
� ��o ��i/���� � �� � '�
� Title 1 of the Government Co � s���' the St���: of ,California
� I ����, � � >
I" authorizes the City and #���'�7is���.ct �� ����eat� �a�,�oint �
��� �� � ' � � �
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� � exercise of powers entity ��(herein c`a�led th�`� ��,�'iodesto ;
� � �� . 1�,. �
; �i, Irrigation District Financing Authority" o� �.he "������t�rityn ) i
, �;�,�.:.s� � i
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' �� which has the power to jointly exez�`�,se �,�� ;��iaers common to
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i the City and the District;
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! � , WHEREAS, the City and the District are each
� '; empowered by law to contract for public capital improvements, I
� ; working capital, liability and other insurance needs, or i
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', i , determined by the City and the District; I
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; I WHEREAS, Article 4 of Chapter 5 of Division 7 of
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T'itle 1 of the Government Code of the State of California (the
,, ; i "Marks-Roos Local Bond Pooling Act of 1985" ) authorizes and
;I�
�' �� e�powers the Authority to enter into contracts to assist the I
`� IZistrict and the City in financing public capital �
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' improvements, working capital, liability and other insurance �
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,j raeeds, or p,������t��"`�����ver there are significant public
,
j henefits� �������determined `�� the City or the District;
; �� ,��WHEREAS, the N��,��s-Roos Local Bond Pooling Act of
� 1� �985 fur3��;�r authorizes and empowers the Authority to issue �
� « `
' ��d sell ����,� �.� ��blic ,���� ���vate purchasers at public or �
, ��� v��� ., �.r��� ,�� ..� ' ' : �
� �j raegotiated sale ��for f��,��ticing ����ic capital improvements,
, , ��� ;
, �I w orking capital, li���lity and �'��er insurance needs, or
� � ' ��� � � �
I �� projects whenever th���; are ��,�`�ifi��.�'� �ublic benefits, as
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� � � c�atermined by the City or '�'��e �pi���'�ct; a�� ,
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f' WHEREAS, by this Ac��,���ent, the ��ty and the
; � � , , �
I�istrict desire to create ��� e���blis� ��� Mo���to Irrigation
; � t ,:- , } .,<�� �
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� Laistrict Einancing Authority for t����`�purpose� ��t forth herein
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j� and to exercise the powers described herein� � � '�_ ����
, � , �.,.
�� NOW, THEREFORE, the City ��d th� ��`�:�'���'ict, for and
��
t�:.,
� �� �n consideration of the mutual promis�:���""�and ag_eements herein
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E contained, do agree as follows: �
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�� SECTION 1 . DEFINITIONS i
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� Unless the context otherwise requires, the terms
�
dtefined in this Section 1 shall for all purposes of this
�` � �greement have the meanings herein specified.
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i The term "Authority" shall mean the Modesto
' � �
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Irrigation District Financing Authority created by this �
„ � i Agreement.
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j�' The term "Board" shall mean the governing board of �
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Tne term "Ci���` shall mean the existing municipal
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� corpora�s��n known as the City of Redding, a city duly
, �� organizec�� �;��, �����ing L��a��� and by virtue of the Constitution
,
� � „«� �� �
ti �� „w.,, � �. � t
� ' and laws of the Stat�� �s�� Cali����ia.
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District " '� �
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� The term ������tri��, � ��al]� ���� the Modesto �
,
, � , � ,�, � � � � �
! ; Irrigatiar. District, an �Y`'riga����� �distr��'�, duly organized
,�
� ; and existing under and by v����������of the l��s o�' the State of
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�', The term "Law" shall mean ArticL��� 1� s�� � �'�nd 4 of �
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; �� Chapter 5 of Division 7 of Title 1 �f tk�� ��"���rnment Code of I
' � �' � �
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� �', the State of California (Sections 6���'��=�6599) , including the
' �� Marks-Roos Local Bond Pooling Act of 1985, as amended.
� ! � �
SECTION 2 . PURPOSE �
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� �, This Agreement is made pursuant to the Law to �
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I '� provide for the joint exercise of powers common to the City �
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! and the District. The City and the District are each
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I empowered by the laws of the State of California to exercise �
the powers specified in the recitals herein, a^,d these powers
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� �' shall be jointly exercised for the purpose of financing and
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contracting for public capital improvements in accordance with
� ��
; �I the Law, including the refinancing of prior indebtedness and
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� acquiring, selling and financing public capital improvements, i
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�, � � working ca������ �`������ty and other insurance needs, or
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� ! projects ���never there� ��e significant public benefits, as
i ��� determi��� by the City �;� ��the District, as appropriate, by
; �
� � exercls�,�� the powers refVerred to in the recitals hereof and
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� � described�� �� ,������n 5 �,��'���, I
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�� The �Author�,��r�will f���'ill the purposes of this
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� Agreement by enteri��� into con�,'�f�'cts with the City or the
3;
� District and by unde��;�king ��� 'sa�,����d issuance of bonds
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��� from time to time, in a����'t�anc������.h th� �,aw, The City and
� � ���, ` �
� I the District hereby agree th ����fiy oblig����ns iincurred or any
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bonds issued by the Autho � � �,11 no� ,��nst���,'�e general I
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obligations of the Authori�ty but s����������'be pa��Sle solely from �
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j� the moneys pledged to the repayment of suc� ��1� ,�����t�°�"or the �
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repayment of principal of or intere�t on ����,�:�o�nds under the
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j terms of the resolution, indenture, ������'���t� agreement, contract
� . ���
� or other instrument pursuant to which the obligation is �
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fl incurred or the bonds are issued. Pursuant to Section 6508. 1 i
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tiof the Law, the City and the District may separately contract
� ' for specific debts, liabilities or obligations of the
�,
Authority. In the event either the City or the District
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� � separately contract for specific debts, liabilities or I
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I , � obligations, the member of this Authority not party to such
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I �icontract shall not be liable or responsible for such debts,
�
; . i liabilities or obligations of the Authority. ,
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� �i SECTION 3 . TERM I
, �
' il This Agreement shall become effective as of the date C
� ` ,I (
; � ; hereof and ����� ���.��,���ue in full force and effect until ,
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�' � ; August 1� ' ��019 ] , unle'��,�xtended or earlier terminated by a �
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�, �� supplem+���.al written ag���ment of the City and the District; i
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� provide�� uhowever, that in no event shall this Agreement �
� ,,,.,� �
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� � terminat��!; ���le ��,� obli����.�n of the Authority remains unpaid
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� � or any bonds "t�`����ti�e A�����i�rity �;��r►ain outstanding under the
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' terms of the contra�� or other ��strument pursuant to which
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such ob�igation is i��urred ��t �'uch ��^ids are issued. In any
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'� �i e�rent, the Authority s'h���..������``�use� � ��rec`''e���s regarding its ',
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a� formation, existence, contra��� �` obligat��s, bonded
'� ��� �
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, � ' indebtedness and proceedi� ;��'���^�aininc� �� it� ��rmination to �
�
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I �� I be retained for at least ��ix yea�� .����.��'owing� ���rmination of �
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' � the Authority or bonds issued by th� Auth�����y.��r�ahichever is
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`, SECTION 4. AUTHORITY I
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� A. Creation of Authority �
' �
�I There is hereby created pursuant to the Law an �
',' � agency and public entity to be known as the "Modesto
� � , Irrigation District Financing Authority. " As provided in the
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� Law, the Authority shall be a public entity separate from the
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� City and the District. The debts, liabilities and obligations
� �
i � of the Authority shall not constitute debts, �iabilities or �
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}� I obliaations of the City or the District. ;
` �
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` � Within 30 days after the effective Cate of this I
' �
�', Agreement or any amendment hereto, the Authority shall cause a
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��; notice of th�� '',���;�����t or amendment to be prepared and filed
, � , �
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� t � with the ��,��ce of the'� ��cretary of State of the State of ��
� � �
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� � ; , ,
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I �� ��, Gov,�rning Board
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� ��� Th�«���'t�ri�'�� `��i"a�� '��,, administered by the Board, I
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i , which shall consist ,��"`� the memL���s of the Board of Directors
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i of the District. TY��' term of���;,,���ice �� any member of the
� � � � ��
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I } � Board shall be equiva����,, �� ""such �����:��, te:m of office on ;
� � �.,,�� �
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the Board of Directors of the�����trict. i I
� � � � �,r , I�
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� � Members of the B��,°� �hall no� t��ce �� any ,
, �s > _;� �
��i compensation for serving ���� such, ��� ,���all k�� entitled to
� „�,,,,, „ �
reimbursement for any expenses actually inc���=ed iz� ����aection
� '3� � � ,
with serving as a member if the Board and '���'�����rict shall i
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�� determine that such expenses shall �� ���,���ursed and there are ,
� �b,.w �
" ' unencumbered funds available for such purpose_ �
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i C. Meetings of Board �
R
� ( 1 ) Regular Meetings. The Board shall hold at
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i least one regular meeting each year, and, by resolution, may
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� � provide for the holding of regular meetings a� more frequent �
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� �ntervals. The date upon which, and the hour and place at i
� ' '
, �^ which, each such regular meeting shall be held shall be fixed
� ��
` by resolution of the Board. ,
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, � ' (2 ) Legal Notice. All meetings of the Board
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' ' shall be called, noticed, held and conducted subject to the I
,
� �!� i
i provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of
� �,� I�ivision 2 c��, '�����' � �Sections 54950-54961 ) of the Government �
� ,., .,,
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I � Code of t��, �tate of C��,�;�fornia) or any successor legislation
� � ,:-� ,
, I�ereina�'��r enacted. ' � �
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(3 ) Minu`�es. The secretary of the Authority +
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� shall ca���� minute�s of all meetings of the Board to be kept �
�
� . �
, �, and shall, a����x��°��i` a�, ����ssb�� �,fter each meeting, cause a
;
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I, copy of the minutes �� be forw�;��ed to each member of the
�
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� 3oard and to the Ci�� and th����,stri�'��
(4) �u=��"_�„�, �, m����i��r �� the members of the
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� Board shall constitute a or '��'4 ��
{ �, qu ��� �or the t���saction of �
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I � business, except that les� ;����, a quoru� ��y a���urn meetings �
� , � � � ;
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grom time to time. ' � I
� ' � �
; D. Officers; Duties i
� � '�,,
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, ( 1) The President of the �����, ��' Directors of
�,. � ,, , .�r�.�f
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� � �he District shall serve as chairpe��`���, ��.���'�`��the Authority and �
�� �he Vice-President of the Board of Directors of the District ,
� shall serve as vice-chairperson of the Authority. The Board I
�
shall by resolution appoint a secretary of the Authority. I
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� (2 ) The Treasurer of the District is hereby �
�,'
' ciesignated as Zreasurer of the Authority. Subject to the
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I' applicable provisions of any indenture, trust agreement or
I �j resolution providing for a trustee or other fiscal agent, the
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, � �reasurer is designated as the depositary of t:.e Authority to
! � �ave custody of all the money of the Authority, from whatever �
� ,
� ��i source, and, as such, shall have the powers, duties and
I, � i
sesponsibilities specified in Section 6505. 5 of the Law. �
I 1 � , ����'_�°�� "�'�� Treasurer of the Distr:ct, who �
� �� . I
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�� perform� `��� functions �� auditor and controller for the �
� � � ����`
� � Distrl��,� ` is hereby des���iated as Controller or the Authority,
� ,
��� ��
� and, as ��ch, shall have the powers, duties and i
; I
i �esponsiY�<����a,�� t��aecif��d ,�� Section 6505 . 5 of the Law. The '
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Controller sha�1���I����dra,� ���ecks �� �ay demands against the
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1 Authority when the ���nands hav�� �een approved by the Authority.
� , ` �
�I,, (4) �`�e Di s���,�"� sY��t��. determine the charges �
i � � �: � � �� , �
�� �o be made against the ���='"tirit� '��`�� the '��rvices of the
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Treasurer and Controller. �
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�� (5) The '���;��u��� and ����rol�,��� of the I
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P�uthority is designated asi the pu�s���° 'offic��;� tir person who
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�� has charge of, handles or has access to an�`���r������;��`���� the
, �,,,�
�' Authorit f
y, and such officer shall f�le ara ��`�`�.����ial bond in the
� � ��;� � ; ,���, �' � i
�� amount of $25, 000 as required by Se�����i�� 6505. 1 of the Law;
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;' provided that such bond shall not be required if the Authority I
; does not possess or own property or funds with an aggregate j
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`� value of greater than $500. 00.
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j � (6) The Treasurer and Controller of the
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, ;�, �uthority is hereby authorized and directed tc prepare or
i i�, �
�ause to be prepared:
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' � (a) a special audit as required pursuant
� �
! �I �
to Section 6505 of the Government Code of the State of
, f
,i California every year during the term of this Agreement; and
' � ��,� a report in writing on the first day
, �,, � � �; ,,
� , � � ��,�,, I
� j af Janua���' April, Jul� ��d October of each year (commencing ,
� �Dctober} �,,, 1989) to the ��ard, the City and the District which I
i �
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� � � report ���11 describe the amount of money held by the
' � Treasure�` '��,� �����ollex �� �,he Authority for the Board, the
I ' Y 4� S . 3 1 l .
� � ; amount of rec�ei�����ts s ������ �������
p ���� the 1��t such report, and the amount
'� �I = ; F :
�� 1� paid out since the ���st such ���iort.
,, � ' �� � � ��� ��
(7 ) �";�� Boa� s��all� � ��ve the power to appoint
i } � s..�� 4 . } I
���� j,:� �
� r� such other officers ana ����oye � �� it �r��� deem necessary and !
41 ��' � i
, �; to retain independent counse � ,��onsultan�� and accountants.
� � �� ,
� � '� �
� I SECTION 5 . POW� � t
.
�i �� � 3 , s
I
' The Authority shryall hav� =��`t�" powex= �;� enter into
, E ' i
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� contracts and to issue bonds to assist the '���y �,�� '����' �
„
� District in financing public capita� imp����',���Y�s,� working '
�� '� �'� 1 l �..,„Sfi'` �� 'I
; capital, liability and other insuran��°u��ieeds, or projects �
, �
whenever there are significant public benefits, as determined
,, '+
'' � � by the District or the City, as appropriate, all in accordance
'I with the Law.
I i
�� I
� � � • The Authority is authorized, in its own name, to do i
� �
all acts necessary or convenient for the exer�ise of said ,
?�,� i
; �
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� �i powers for said purposes, including but not li�ited to any or
�
� all of the following: to make and enter into contracts; to .'�
I ,
� employ aoents and e:nployees; to acquire, hold or dispose of
, property; to incur debts, liabilities or obligations (which do
�
I �I not constitute debts, liabilities or obligations of the City �
,,, or the District or each of them) ; and to sue and be sued in i
��,
�; its own nam�, � ��`�i��� ����ority shall also have the power to ��
�, �
e � issue any �;���ier forms o� �ndebtedness authorized by Law in i
( ��,
accordaz���"'S with provisic��,� of the Law for such purposes.
�� ,
� � ,r, ��Such power shal�l be exercised subject only to such
��� ':� �
�� restricti���� upony�he mar���� of exercising such power as are
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�� imposed upon ����5��"�"CCi��� ,�n the ��ercise of similar powers, as
� � , �
�; pro��ided in Section ��09 of the ����w, except, h�wever, nothing
� ; �
� ; ; ,.��
herein shall limit t�� powers����,� the���thority under the
�' ;�y ����� t I
� Marks-Roos Local Bond 1'�s+��:�;�� Ac���� °19$"�# �
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�' ���� ,
Notwithstanding the ��egoing, �„�� Asthority shall
' I have an � �i������ , f i
y , y a d d i t i o n a_ p o w e r� ; �����;r e d u r�d��.• t h e ��w, i n s o f a r a s
� ���� ''�� � t
i ��. �t ' s� � �,
� such additional powers may''��be nec���;���� �to ay���mplish the I
f f
� purposes set forth in Section 2 hereof. � '"
�. � '� �
, , , � ,
SECTION 6. TERMINATION OF.QPOWE�� ' I
�
The Authority shall contin���,..,���""�exercise the powers ��
I
herein conferred upon it until the termination of this
� Agreement as provided in Section 3 or until the City and the i
I
�� i
�� District shall have mutually rescinded this Agreement; j
I ', '
�� provided, however, that in no event shall this Agreement be I
+ ' terminated or rescinded while any obligation of the Authority
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� remains unpaid or any bonds of the Authority remain ,
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' instrument pursuant to which the obligation is incurred or the I
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bonds are issued.
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; SECTION 7. FISCAL YEAR i
, ,
, , �
� E; Unless and until changed by resolution of the Board,
i } �
the fiscal�������''�o� �.��� �uthority shall be the period from
i �
� C July 1 c����,��ach year to� ��'�1 including the following June 30,
� ,
� i, �
� , except ��rr the first f�,���1 year which shall be the period
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� �`�, f rom th�t�ate of this Agreement to the following June 30. �
� ,
;,
i � `' ����'�I�� '� D�������'ION OF ASSETS I
�
� , '�,, �>> ��� �� I
� �� At the en� ��'��the te�^�, hereof or upon the earlier
� � 't �;
` termination of thist�greement ��„ set forth in Section 6
� � �i��� �
� �� hereof, all assets ��,,�,he A�����rit� ����.1 be distributed to �,
( �' � } �
� � � the respective grantors o"'��� assi ���s the���f and any surplus
i � �� '�� ��
�' ���� �' '
� ;, money on hand shall be retu���� �'to the C�'�� or the District in ;
� ��s ��� �„ � i
� �i proportion to their resp����.ve ,���ntrik����t�ns �� �the Authority �
. �
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' i pursuant to Section 9 hereof. }.
� SECTION 9. CONTRIBUTIONS AND AD��CE�� ';, �,,;k
� � ;
; ,.
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I� Contributions or advance�� of �����,��� �°�'unds and of
� � � � ��
,�,_ �,.�
� personnel, equipment or property may "��y¢made to the Authority
} i
j; by the City and the District for any of the purposes of this �
� • I
� Agreement. Payment of public funds may be made to defray the i
� �
� I cost of any such contribution. Any such advance shall be made j
i
� subject to repayment, and shall be re aid, in the manner
P
� ' agreed upon by the City or the District, as the case may be,
�'
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� ,, and the Authority at the time of making such advance. It is
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�� �' mutually understood and agreed that neither the City nor the
�'� � District has any obligation to make advances or contributions
�
' ; to the Authority to provide for the costs and expenses of
� �
i ,4 ; administration of the Authority, even though either may do ��
i
I'�I �
� , so. The City or the District may allow the use of personnel, �
, � 5 ,' i
� equipment o� �������� �.n lieu of other contributions or ��
�� i
� advances '�� �=���he Authori`�� After termination of this
�'; , I
i:
� ��, Agreeme����pursuant to S���ion 3, any surplus money in �
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�, E � possess'��� of the Authori'ty shall be returned to the City and �
� �`' i
I � �he Distr���'� in ���portio� 4�o the unreimbursed contributions
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f � each has made�"�������� '��
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� � ; SECTION 1�,„ ' AGREEMET�'�',iNOT EXCLUSIVE
� >,:
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� This Agre�'��t sha�.��� �ot �� ��xclusive and shall not �
� , ,
; be deemed to amend or ������ »�he , ���'s` o`�" ��her agreements �
� � I
! between the City and the Dist,����, except �� the terms of this �
�� � � � �
i f ,
�
, a . Agreement may conflict th�������� in wY���.�`�ca�� ��he terms of �
� �! � ' ' �
,
� ', i this Agreement shall prev��il . '" } � (I
I �I
I �'� SECT I ON 11 . ACCOUNTS AND REPORT�, << � ,,:, :���
' � t � „�,h : .
,.
, The Authority shall estab�.ish a�;� ���,�'�ain such
it�, ,,��„ �
i� funds and accounts as ma be re ir� '' �ood accountin i
�, Y � � ���`g 9
b practice. The books and records of the Authority shall be i
; open to inspection at all reasonable times by the City and the �
Y I
� ii District and their representatives. The Authority shall give
�,� � ,
'; I ! an audited written report of all financial activities for each
�
�'� !
'� � '
; �
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� fiscal year to the City and to the District within 150 days
I
� ' after the close of each fiscal year.
� I� � So long as required by Section 6505 .5 of the
I �
i ,
� � Government Code of the State of California, th� Controller of �
i
i � i the Authority shall either make, or contract with a certified
I
i' public accountant or public accountants to make, an annual �
! � audit of th�� �������� �nd records of the Authority. In each �
Iw.�.�l/,:�..1.� '� .���`i� S,t 4 ' - '
�i case the ���imum requi����nts of the audit shall be those
�
' prescri���� by the State ��ntroller for special districts under !
t' �
���f Section ��i909 of the Gove�rnment Code of the State of
,
> , ,
��� Californ�'� ,,��d s���l confca�'� to generally accepted auditing �I
� � � �� �
� , � � � s s
� standards. 4��i�i�°��"suc���'�� "�audi� �f the accounts and records is
i' �y , �
� , � ��'
made by a certified ��iblic accc���tant or public accountants, a
1 ��� �� �
� repert thereof shal�. �e filed�' ��f` puk���,� records with the City,
;
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the District and, if r������ hyt ��;�'�iori ��OS.b of the �
' t
� Government Code of the State ,,,���� �aliforni�,� :w�th the County
�, � � �
Audito:/Controller of the ����i�� of Sh���;`� and '��ie County
I �� ' ��
� '
jAuditor/ControllerJ of t�e Coun�'�,,�� ���tanis,���is. Such report
i
�, shall be filed within 12 months of the end ��` the ��,����� year �
t
or years under examination.
��,
I tr � ���
�'� Any costs of the audit, ii������'ng contracts with, or
i ,
� � employment of, a certified public accountant or public I
� I
; accountants, in connection with making an audit pursuant to I
i
this section shall be borne by the Authority and shall be a I
I 'i charge against any unencumbered funds of the Authority
f�
� available for the purpose and, in the event there are no such
;
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; �
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� funds, shall be a charge against the City and the District in �
i
' proportion to the amount designated as principal of any ;
�
� obligation incurred and principal amount of any bonded �
� . (
j ; indebtedness incurred by the Authority, as appropriate, on �
�
;
� � behalf of the City and the District.
I
' In any year the Authority may, by unanimous request
' � of the Boar�,�, ;�����_��� �he annual special audit with an audit �
� I, � t ; ,
' ��� covering �� '�wo-year per����i � '
' � I
� � ; SECTION 12 . ���FLICT OF INTEREST CODE I
�
�I
� % ; The Authority Yiy resolution shall adopt a Conflict �
� ,
I I of Inter�°�`���ode ��� requ���d by law.
� , ., , � � ' � s�
� � SEC'�`����1��„t:��13 ��'�����`t�EACH' ,;�
�� ;
'� � If defaul'� 'shall be r���'e by the City or the District �
�}� �� �
� +� in any covenant con���ned ir����s A� ��ment, such default �
� �; ��� 5 , I
� , ' ,�� ' �� ���� , � �
, � shall not excuse eithe� �����°�it�, ������"��e��'"���trict from �
, ��� s i
��� ',
fulfilling its obligations u ��;� "this Agr���nent and the City
����� ' i
� ,
� and the District shall co���,�iu� �.o be ��`��le ��;�' the
����� `
`., ,
; performance of all condit��ons he�`���'�:r��t�ntain��� ��� The City and
� r
; the District hereby declare that this Agre���nt �,�,�����ed j
� �� , : ,, i
�.
�� into for the benefit of the Authori�y cre��.�'�, ,���"reby and the �
i ' i
� City and the District hereby grant �� .��^i�" Authority the right �
�
I � to enforce by whatever lawful means the Authority deems
� �
� �
appropriate all of the obligations of each of the parties
I
hereunder. Each and all of the remedies given to the
Authority hereunder or by any law now or hereafter enacted are
I � cumulative and the exercise of one right or remedy shall not �
� .I
! � impair the right of the Authority to any or all other remedies. '
� ,
�
'� 14
34471
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i ; SECTION 14. SEVERABILITY �
�
, �i� Should any part, term, or provision of this �
�'� i
"�� �greement be decided by the courts to be illegal or in �
� f ' �
' C ; �
� � , conflict with any law of the State of Californ:a, or otherwise
I be rendered unenforceable or ineffectual, the validity of the
�
� I
� i semaining parts, terms or provisions hereof shall not be
jaffected th��^���� '�
I ����TION 15. ����CESSORS; ASSIGNMENT
,,.,.
� � � �:
� �, ��This Agreemen� i�hall be binding upon and shall inure
, i� ,:f
; �;, �o the ���efit of the suc`cessors of the parties. Except to
I � l
i
, :
� �.he extert� �,xpress�y provi��d herein, neither party may assign
., �} , , �
I � � i5}> t
� any right or �°`������'ati��„�ie`reur���� without the consent of the
�� �� other. �;.� , � �
' j.
j '� SECTION 1�,� AMENDI�� ,*;�" OF ���iEEMENT �
�I ,� ���, � i
�, �I� Thi s Agreemer��,,��������e � �
�������r,y��� sup�lemental �
I � agreement executed b the CZt ��' �, �� �
� y ���d � the Di�'��ict at any time to
I ' t ' `
������f
� lorovide for the financin �� �. �,ic ca ,�;; ,�� im� ,vements
5 � � P � � �� ,
,����� ' �, '' },
working capital, liabilit��`'and o���:� ,,���uran�� �eeds, or �
� � ,��
� � � ,_�
� projects whenever there are significant pub,��� ben������;�° as
6i � � � �' '�
G � determined by the City and the Distr�ict i� �����dance with the
�� ��
t,e,
I � �.aw or for any other purpose; provic���,�,r v"���i�wever, that in no
, �
� ,
I ��i event shall this Agreement terminate while any obligation
I�'
' incurred by the Authority or any bonds of the Authority remain
�: �
,
outstanding under the terms of a contract or ot.her instrument
� pursuant to which such obligation is incurred or such bonds
! �
�
are issued. I
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� �
� 15
34471
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� �' SECTION 17 . FORM OF APPROVALS ;
� � �
� I � Whenever an approval is required in this Agreement,
�
�+ unless the context specifies otherwise, it shall be given, in '
� the case of the District, by resolution duly and regularly I
i i
� I adopted by the members of the Board of Directors of the
District, and, in the case of the City, by resolution duly and
�� I
i '� regularly ac�,��"������� �,�e City Council of the City, and, in the �
�� �� ��� �,���.� ��
� � case of ����� fiuthorlty, `�� resolution duly and regularly
� ,��� �
, � �,,�� �
�� adopted �`� the Board. ��,�never in this Agreement any consent �
� ry
I �
;s
I � or appr'���1 is required, ""the same shall not be unreasonably
, i
'� � withheld } �r
,
� �.
f �� s �
�
� SE��"���t'°18 � ��CTIO�„�;�ADINGS
I ` ; ,
�
� � � All secti��;t�headings ���ntained herein are for ,
I Y I
' �° convenience of refe���ce onl�����d a�� �ot intended to define 1
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City Council , Regular Meeting
Council Chambers
Redding, California
July 5, 1989 7:00 p.m.
The Pledge of Allegiance to the Flag was led by City Attorney Hays.
Tne Invocation was offered by Reverend Ron Smith of the First Baptist
Church.
The meeting was called to order by Mayor Carter with the following
Council Members present: Buffum, Dahl , Fulton, Johannessen, and
Carter.
Also present were City Manager Christofferson, Assistant City Manager
McMurry, City Attorney Hays, Director of Public Works Galusha,
Director of the Electric Utility Lindley, Director of Planning and
Community Development Perry, Police Chief Blankenship, Direetor of
Finance Downing, Director of Parks and Recreation Riley, Assistant
City Engineer Lang, Director of General Services Masingale, Associate
Civil Engineer Aasen, Associate Civil Engineer Hastings, Direetor of
Information Systems Kelley, Senior Associate Planner King, Traffic
Engineer/Planner Will , Seniar Building Inspector Gungl , Systems
Analyst Erwin, Transportation Coordinator Duryee, Assistant City Clerk
Strohmayer, City Clerk Nichols, and Secretary to the City Council
Moscatello.
Council Member Buffum requested that Agenda Item 4-9-4(i ) be removed
from the Cansent Calendar and place on the Regular Agenda. Council
concurred with the request.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent
Calendar:
Approval of Minutes - Adjourned Regular Meeting of June 13, 1989
Adjourned Regular Meeting of June 15, 1989
Regular Meeting af June 20, 1989
Approval of Payroll and Accounts Payable Register
(B-130-110)
Recommend that Accounts Payable Register No. 24, check numbers 145823
through 146385 inclusive, in the amount of $5,878,114.93, be approved
and paid, and Payroll Register No. 26, check numbers 280098 through
280832 inclusive, in the amount of $664,941.04, and Automatic Payroll
Deposits in the amaunt of $131,590.38, for the period June 11, 1989
through June 24, 1989, be approved.
TOTAL: $6,674,646.35
Annexation 89-11 - Clear Creek Road Area III
(A-150-217)
It is the recommendation of the Planning Director that Annexation
89-11, Clear Creek Road Area III , be referred to Qepartments for
review and comment; to the �oard of Administrative Review for an
environmental determination; to the Planning Commission for prezoning;
and that staff contact other property owners in the northern area to
determine interest in annexation.
Award of Bid - Bid Schedule No. 2187, Substation Equipment Testing
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid
Schedule No. 2187, substation equipment testing, be awarded to the low
bidder, Electro Test, in the amount of $9,325. Funds for this
purchase are included in the 1989/90 proposed budget.
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279
Award of Bid - Bid Schedule No. 2188, One 115/12.47kV 16.8/22.4/28.0
MVA Power Transformer for Eureka Way Substation
(B-050-100)
It is the recommendation af the Electric Utility Director that Bid
Schedule No. 218$, One 115/12.47kV 16.8J22.4/28.0 MVA Pawer
Transformer far Eureka Way Substation be awarded to the low bidder,
ABB Electric, Inc. , in the amount of $410,359.92. Funds for this
purchase are included in the 1985 Electric System Project Financing
Program.
Award of �id - Bid Schedule No. 2189, Relay and Control Panels for
Eureka Way and Moore Road Substatians
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid
Schedule No. 2189, Relay and Control Panels for Eureka Way and Moore
Road Substations be awarded ta the seeond evaluated low bidder,
Systems Control , in the amount of $155,645.10. The low bidder took
exception to the requirements of the specifications and did not
provide the requested proposal information. Funds for this purchase
are included in the I985 Electric System Project Financing Program.
Award of Bid - Bid Schedule No. 2207, 3-Phase Pad Type Distribution
Transformers
(8-050-100)
It is the recommendation af the Electric Utility Director that Bid
Schedule No. 2207, 3-phase pad type distribution transformers, be
awarded to the evaluated low bidder, Caoper Power Systems, in the
amount of $56,504.36. Funds for this purchase are incl�ded in the
1989/90 proposed budget.
Award of Bid - Bid Schedule No. 2215, 3-Phase Pad Type Distribution
Switches
(8-050-1Q0)
It is the recommendation of the Electric Utility Director that Bid
Schedule Na. 2215, 3-phase pad type distribution switches, be awarded
to the second low bidder, General Electric Supply Company, in the
amount of �51,Q45.36. Funds for this purchase are included in the
1989/90 proposed budget.
Membership in the Western Region Item Bank - Personnel Dept.
(P-100-060)
It is the recommendation of the Personnel Director that the membership
in the Western Region Item Bank (WRIB) for the purpose of developing
in-hQuse examinations be renewed far the period July 1, 1989 through
June 30, 1990 and to cantinue membership on an ongoing basis as lang
as services continue to be beneficial . The membership fee is $1,500
per year and is included in th� 1989/90 proposed budget.
Resolution - Shasta County Women°s Refuge - Rape Crisis Counseling
(P-150-15Q)
It is the recommendation of the Police Chief that Resolution No.
89-219 be adopted, a resolution of the City Gouncil of the City of
Redding approving the Consultation Agreement between the City of
Redding and the Shasta County Women°s Refuge for rape crisis
counseling �or the periad July �, 1989, through June 30, 1990, and
authorizing the City Manager to sign same.
Resolutian - Document Destruction
(A-050-055-750)
I� is the recommendation of the City Clerk that Resolutian No. 89-220
be adopted, a resolution of the City Cauncil of the City of Redding
authorizing the destructian of certain records.
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280
Resalution Accepting Streets and Acceptance of Final Map and
Improvements, Lake Forest Estates, Unit 6, Phase 2
* (5-070-230 & S-100-415)
It is the recommendation of the Public Works Director that Resolution
No. 89-221 be adopted, a resolution of the City Council of the City of
Redding accepting for maintenance and operation all of Magnums Way in
the Lake Forest Estates Subdivision, Unit 6, Phase 2.
It is also recommended that the improvements in Lake Forest Estates,
Unit 6, Phase 2 Subdivision, developed by North Ualley Land
Corporation, be accepted as satisfactorily completed and the City
Clerk be instructed to file the map with the Shasta County Recorder.
Acquisition of Well No. 11 Site - Rancho Road and Goodwater Avenue
(W-030-750)
It is the recommendation of the Public Works Director that a .52 acre
site owned by Dr. Nelson in the vicinity of Rancho Road and Goodwater
Avenue be acquired far $5,000, plus nominal closing costs, for the
development of We11 No. 11. Funds for this project are available in
the 1988-89 budget.
Acceptance of Sewer Improvemen�s - Acceptance of Easements, Tract Map
1715, East Ridge Estates (Hope Lane north of SR299E} , by A1 Naticionni
(W-OZO-500 & S-100)
It is the recommendation of the Public Works Director that the
sanitary sewer lines for East Ridge Estates, developed by A1
Naticionni , be accepted for maintenance and operation, and the
easements in Tract Map 1715, East Ridge Estates be accepted.
Resolution - Funding Agreement 4vith Redding Colts Youth Football
(B-130-030-625}
It is the recommendation of the City Attorney that Resolution No.
89-222 be adopted, a resolution of the City Council of the City of
Redding approving the Agreement between the City of Redding and the
Redding Colts Yauth Football �o provide officials and ambulances at
football games during the 1989-90 season, and authorizing the Mayor to
sign same. The Agreement provides for the payment of $900.00 to the
Redding Colts Youth Foatball .
Resolution Discontinuing Abatement - Property at 615 St. Marks Street,
owned by George E. and Maxine A. Theobald
(A-030-070}
It is the recommendation of the City Attorney that Resolution No.
89-223 be adopted, a resolution of the City Council of the City of
Redding releasing the proceedings of abatement under Chapter 9.36 of
the Redding Municipal Code on certain real property in the City of
Redding located at 615 St. Marks Street, owned by George E. Theobald
and Maxine A. Theobald.
Resolution Discontinuing Abatement - Property at 1280 Lake Boulevard,
owned by Max Hammon
(A-030-070)
It is the recommendation of the City Attorney that Resolution No
89-224 be adopted, a resolution of the City Council of the City of
Redding releasing the proceedings of abatement under Chapter 9.36 of
the Redding Municipal Code on certain real property in the City of
Redding located at 1280 Lake Boulevard, owned by Max Hammon.
Resolution - Funding Agreement with Enterprise Eagles Youth Football
(B-130-030-050)
It is the recommendation of the City Attorney that Resolution No.
89-225 be adopted, a resolution of the City Council of the City af
Redding approving the Agreement between the City of Redding and the
Enterprise Eagles Youth Football to provide officials and ambulances
7/5/89
281
at football games during the 1989-90 seasan, and authorizing the Mayor
to sign same. The Agreement provides for the payment of $900.00 to
Enterprise Eagles Youth �oatball .
Resolution - City Council Representatives to Power Agencies
(E-120-4Q0 & E-120-250 � E-120-50Q & E-120-070-140}
It is recommended that Council Members Johannessen and Buffum be
appointed as Gommissioner and Alternate, respectively, to the Northern
California Power Authority, the Transmissian Agency of Northern
California, the M-S-R Public Power Agency, and the Central Califarnia
Power Authority, and that Resolution No. �9-226 be adopted, a
resolution of the City Council of the City of Redding appainting City
Council Members as agency, cammissian, committee, and departmental
liaison representatives.
MOTIQN: Made by Council Member Johannessen, seconded by Council
Member Dahl , that all the faregoing items on the Consent Calendar be
approv�d and adopted as recammended.
Voting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - None
Absent: Cauncil Members - None
Resolution Numbers 89-219, 89-220, 89-221, 89-222, 89-223, 89-224,
89-225, and 89-226 are on file in the office af the City Clerk.
WRITTEN COMMUNICATIONS
Letter from Jaine Ryder-Howard - The Growth House
(A-050-060}
A letter was reeeived from Jaine Ryder requesting that the City of
Redding be a co-sponsar supporting the idea of community education in
the area of employer-sponsored child care options.
Jaine Ryder-Howard, 605 Overhill Drive, explained that she is in the
licensing/application process for the first employer-sponsored child
care facility in the Redding area. She has become aware that many
employers do not knaw about the tax advantag�s and beneflts available
to them and their employees and, therefare, she has decided to affer a
seminar free to area employers to explain employer sponsored or
supported child care. Ms. Ryder asked the City to became a eo-sponsor
of the seminar and support the continuing development of quality child
care and community awareness. She explained that no maney is being
requested.
Council Memb�r Buffum stated that this is a really fine idea and noted
that employer sponsored child care is a growing trend. She encouraged
Council to endorse the seminar.
MOTION: Made by Council Member Buffum, seconded by Council Member
Dahl , to co-spansor cammunity education in the area of
emplayer-sponsored child care options. The Vote: Unanimous Ayes
Letter and Petition from Starliqht Boulevard Residents - re Redding
Landfill Area
(S-020-300)
A letter was received from Starlight Boulevard residents about future
plans for the Redding Landfill to be elosed in January 1990. Cancern
�as expressed regarding the location of a transfer station and wood
chipping and campost operation at the Landfill and the lack of
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282
preparation and review of a master plan for the area. The letter
requested that no action be taken on the transfer station, chipping
and composting aperations, and road development until a hearing is
granted with elected officials and all residents of Starlight
Boulevard and side streets be notified of the hearings.
Council Member Johannessen pointed out that the area residents are not
opposed to the transfer station and the wood chipping/composting
operatian, but are very concerned that these facilities will not be
located near residences.
Council Member Dahl noted that these issues will be brought before the
Planning Commission. He said he is glad the resldents have expressed
their concerns.
Mayor Carter said it is the consensus of Council that the area' s
residents will have a public hearing soon before the Planning
Commission regarding the transfer station and wood chipping/composting
facilities located at the Redding Landfill .
�etter from Barbara Davis
(A-050-220-075)
A letter and newspaper clipping was received fram Barbara Davis about
the loss of a giant black oak tree to a new subdivision. Ms. Davis
noted that losses of this kind detract from the charm and beauty of
Redding, and buildings and beauty are possible with guts, gumption,
and goals.
Council Member Johannessen noted that Ms. Davis has a good point and
it is unfortunate that a way could not have been found to save the
tree. Council Member Buffum pointed out that staff tried to negotiate
for the tree, and perhaps, a greater effort could have been made, but
property owners have rights as well . She said that this situation
should be monitored on a case by case basis. Mayor Carter questioned
if the City is ready for an ordinance regulating trees.
CLOVER CREEK SEWER ASSESSMENT DISTRICT N0. 1987-2
(A-170-100-080)
Public Works Director Galusha recalled that at the close of the Clover
Creek Sewer Assessment District protest hearing on June 6, 1989,
staff, tne engineering consultant, and the City' s bond counsel were
directed to respond to the written and verbal protests. He reported
that the level of protest has risen to 27.2%. Mr. Galusha reviewed
the Repart to City Council dated June 27, 1989, which is incorporated
herein by reference.
Mr. Galusha explained that staff inventoried, analyzed, and grouped
each protest into categories for response. The responses to the
protests were revi ewed i n detai 1 by Mr. Gal usha. He sai d i t i s the
recommendation of staff to expand the City's current deferral program
to include five acre residential parcels. Mr. Galusha also
recommended the adoption of a deferral program offered by the Redding
Redevelopment Agency to eligible City residents.
Mr. Galusha canveyed that staff is also recommending amending the
Engineer's Repart. He explained that the household equivalents (HE)
were determined by multiplying the net acreage by the appropriate
zoning density and the engineer' s computer was programmed to round off
the net acreages of each parcel to the next lower or higher whole
number. Staff is recommending that those assessments which were
rounded upward be rounded down. Mr. Galusha stated that the engineer,
Mr. Sharrah, Sharrah, Dunlap & Associates, is recommending that HE's
7/5/89
283
assessed on 32 parcel s be adj usted downward to refl ect reducti ons i n
net acreage of parcels with constraints such as easements, airport
flight zanes, flood plain, etc.
Mr. Galusha recalled that s�veral protests related to the exclusion of
several improved subdivisions in the district. In order to ensure
equity, it is recommended that all parcels not included in the
district pay a iike fee upon future connectian, and that portion of
the fee related to the Clover Creek trunk line and the Stillwater Plan
be placed in the district's "bond redemption fund." Mr. Sharrah
reviewed why these subdivisions were not included in the district.
Council Member Fulton noted that other people in the distriet also
have warking septic systems and they would like to be excluded from
the district, just as these subdivisions have been. Mr. Sharrah
explained that when these subdivisions were built, full infrastructure
was developed, and the developers did not foresee hooking to a sewer
system.
Mr. Sharrah also explained that dawnward adjustments in household
equivalents were made for those people who built homes in the middle
of their parcel and cannot subdivide into the number of HE' s that were
originally determined and still maintain the integrity of the
neighborhood. He stated that no changes in HEs were made for
industrial and cammercial property unless it was an acreage adjustment
on useable ground.
Tn response to a protest about the City financing a trunk line by
creating an assessment district, Mr. Galusha stated that the City does
not qualify for Stata grants to finance sewer improvements any more;
the City does not finance trunk lines exeept through the general fund
and community development block grant funds, and normal procedure is
to create assessment districts.
Bond Counsel Sperry said he did not realize that the Airport �and Use
Commission (ALUC) was an autonomous body apart from the City Cauncil
when he suggested that the number of household equivalents on Parcel
#72 be reduced to 8Q HE. He noted that Mr. Sharrah assessed the
parcel at 361 HE, and he has no dispute with that assessment if the
present zoning cantinues. Mr. Sperry explained that if the ALUC does
adapt the recommendation to reduce the density, then it would be fair
to recommend an assessment of 80 HE. He conveyed that the situation
is right far a written agreement, and there are two alternatives,
either assess at the higher or lower HE. Mr. Sperry noted that staff
believes there will not be a determination to lower density. He
suggested that staff bring baek an agreement to assess the Jurin's
property at 361 HE, and if ALUC daes act ta lower the density, the
City can make up the difference and lower the assessment to 80 HE.
Council Member Buffum stated that she has listened ta the tape
recardings and read the transcript prepared by the court reporter of
the Clover Creek protest hearing at the City Council meeting of June
6, 1989, and is entitled to participate in the proceedings.
David Bishop, Pastor of the First Penteeostal Church, stated that the
church filed a formal protest; and a response was received from Mr.
Galusha, but it did not address their protest. Pastor Bishop stated
that the Church has a use permit ta build a church, and they have no
intentian ta sell the land. He explained that their oth�r church is
full , but adequate funds are not available to build yet. Pastor
Bishop stated that the church will never use 21 HEs, and they are
appased to being farced into the assessment district.
Nlayor Carter asked if the conditions of the use permit include use of
a septic tank. Pastor Bishop replied yes.
7/5/89
284
Council Member Buffum asked what the size of Pastor Bishop's
congregation is. Pastor Bishop stated that the congregation has 150
people.
Kati Neubert, 3360 Lyal Lane, stated that her correct parcel numbers
are #47 and #38. Ms. Neubert stated that she received staff's memo
with recommendations on Friday and did not have the opportunity to
consult with her attorney because of the 4th of July weekend. She
asked Council to delay action until she has had an opportunity to
consult her attorney and respond ta staff's recommendations. Ms.
Neubert stated that it was her belief that the public hearing was
still open. She asked if the protests that came in after June 6, 1989
were not acceptable.
Mayor Carter said, no, that is not true.
Leonard Bandell , 1330 West Street, representing the Jurins, asked that
the Jurin's protest not be cansidered until the 18th of July.
Mr. Sperry recommended that Council adopt the resolution overruling
protests and staff will bring back the Amended Engineer's Repart for
approval . He explained that no assessments will be increased and
staff will also prepare an agreement regarding the Jurins for adoption
on the 18th of July. Mr. Sperry noted that the legal time for action
would be from the 18th, not the 5th of July.
Mr. Bandell noted that Mr. Sperry°s letter of June 23, 1989, outlined
two alternatives for the Jurin property. The first alternative is in
regard to the proposal to restrict development, and if that threat is
real , then the parcel should be assessed at 80 HE. He noted that if
the Jurins are assessed 80 HE, and if they can develop more then 80
HE, they will then pay an assessment based on that density. Mr.
Bandell pointed out that tonight the recommendation is to pay the full
360 HE, and refund the money if the density is reduced. He noted that
that recommendation is based on staff's belief that the density is
probably not going to change, but Mr. Bandell pointed out that the
parcel is located in the outer approach zone. He requested that the
assessment be based on 80 HE and if the density is not reduced, at the
time of hookup, the Jurins will pay the difference in cash, or
whatever.
Council Member Johannessen noted that he is a Commissioner on the
ALUC, and the recommendation to lower the density is related to
safety. He noted that Mr. Bandell is offering a part deferral
program.
Mr. Bandell stated that Council Member Johannessen is acknowledging
there are strong reasons for the recommendation. Council Member
Johannessen noted that it has not been guaranteed yet.
Council Member Dahl stated that the ALUC will probably not resolve
this issue before Council has to make a decision. He asked what the
implications are of giving the Jurins 80 HE and coming back with an
agreement.
Mr. Sperry explained that the City will carry an annual assessment of
$30,000. Mr. Sperry noted that there was some misunderstanding about
the recommendation in his letter of June 23, because he did not
realize the ALUC was an autonomous body. Mr. Sperry reiterated that
he is in full agreement with staff' s recommendation. He anticipates
the probability of resolving this issue prior ta March 1, 1990, when
the bonds for the assessment district will be sold.
7/5/89
285
Council Member Dahl asked if the City would lose money if the Jurins
are assessed at 80 HE prior to the ALUC acting on the matter. Mr.
Sperry stated that adjustments ean be made up to March 1, 1990, and if
the ALUC acts pri or to the bond sal e, there wi 11 not be a f i nanci al
impaet.
Council Member Buffum suggested that a compromise be worked out with
the Jurins.
Dave Knaeble, 3261 Sylvia Lane, stated that he has a five acre parcel
and does not have enough money to develop the infrastructure.
Robert Franzen, stated that he has an assessment of $76,000 and stated
that the site will only be developed if there is a sewer system. Mr.
Franzen expressed support for the district.
Council Member Dahl stated that staff and Mr. Sharrah did an exeellent
job resolving the issues. He said that Council listened ta the public
and the deferral programs will mitigate the concerns of both City and
County residents. Council Member Dahl said the resolutions should be
approved and the engineer's report amended and an agreement prepared
basing the Jurin's assessment at 80 HE.
Council Member Fulton explained that he is in accord with most af the
recommendations. He pointed out that if those excluded subdivisions
had been included, everyone's costs would have been cut. Council
Member Fultan pointed out that Kati Neubert does not qualify for the
deferral pragram, and there are many people in the same situatian. He
expressed support for the sewer system; however, he opined that th�re
are still some inequities. He noted that Council has always had 60%
support far a district, and support for this district is only 58%.
Council Member Buffum conveyed that benefits to the individuals and
the community must be weighed. She noted that 60% of the cost is
being paid by the citizens of Redding who will not benefit from the
system other than the improvement of the airport area. Regarding Kati
Neubert's situation, Council Member Buffum suggested that some type of
exemption be implemented. She suggested that Bond Counsel Sperry and
tMe Jurins work out a compromise rather that act an a wors� or best
case situation.
Council Member Johannessen noted that the airport area will be the
cornerstone of industrial development. He pointed out that there are
still some probl�ms in the district that must be resolved. He stated
that the subdivisions that were excluded fram the district will have
to pay their fair share if health hazards develop and they have to
hook into the system. Council Member Johannessen stated that staff
has don� well and maney has been saved by not expanding the Clover
Creek sewer plant.
Mayor Carter noted that we have come a long way taward resolving these
issues. He said Council has listened and been compassionate in
dealing with the health and welfare of the community, and has tried to
be fair. He said the community that plans ahead and attracts industry
will grow and prosper. He pointed out that if Council does not act,
the City will be faced with a building moratorium.
MOTION: Made by Council Member Dahl , seconded by Council Member
Buffum, that Resolution No. 89-227 be adopted, a resolution of the
City Council of th� City of Redding approving and adopting a sewer
assessment deferral program for the Clover Creek Sewer Assessment
District.
7/5/89
286
Voting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - Nc�ne
Absent: Council Members - Nane
Resolution No. 89-227 is on f=ile in the office of the City Clerk.
MOTIQN: Made by Council Member Dahl , seconded by Council Member
Buffum, that Resolution No. 89-228 be adopted, a resolution of the
City Council of the City of Redding establishing fees and charges to
be levied against parcels seeking sewer service which are outside of
the Clover Creek Assessment District but within the Clover Creek
drainage basin.
Voting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - Nc�ne
Absent: Council Members - Nc�ne
Resolution No. 89-228 is on file in the office of the City Clerk.
MOTION: Made by Council Member Dahl , seconded by Council Member
Buffum, that Resolution No. 39-229 be adopted, a resolution of the
City Council of the City of RE�dding overruling protests in the Clover
Creek Sewer Assessment District No. 1987-2.
Voting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - None
Absent: Council Members - None
Resolution No. 89-229 is on file in the office of the City Clerk.
MOTIQN: Made by Council Men�ber Dahl , seconded by Council Member
Buffum, directing staff to prepare a resolution and agreement with the
Jurins based on a determination of 80 household equivalents on
property located within the Cl�ver Creek Sewer Assessment District and
directing staff to submit the ,Amended Engineer's Report at the meeting
of July 18, 1989, for approval . The Vote: Unanimous Ayes
CQNTINUED PUBLIC HEARING - re General Plan Amendment Application
GPA-14-88, by Costco Wholesale Inc. (1300 Dana Drive)
(G-030-010)
PUBLIC HEARING - re Rezoning Application RZ-15-88, by Costco
Wholesale, Inc. (1300 Dana Dri�ie)
(L-010-230}
PUB�IC NEARING - re the Appeal of Use Permit Application UP-182-88, by
Costco Wholesale Inc. (1300 Dana Drive)
(L-010-390}
The hour of 7:00 P.M. , having arrived, Mayor Carter opened the
continued public hearing regarding General Plan Amendment Application
GPA-14-88, and the public hearings re Rezoning Application RZ-15-88
and Use Permit Application UP-182-88.
The following documents are on file in the office of the City Clerk:
Affidavits of Mailing - Notice of Publie Hearing
Affidavits of Publication - Notice of Public Hearing
Planning Commission recommendation dated June 29, 1989
7/5/89
287
Council Member Johannessen stated that he will abstain from discussion
and voting on this issue.
Planning and Community Qevelopment Director Perry reported that the
Planning Commission recommended amendment of the General Plan to
classify 9.36 acres at 1300 Dana Drive fram '°Residential , 12 units per
acre" and "Residential , 9 units per acre°' to "Retail ." The Commissian
also recommended that the area be rezoned from °'RM-12-F°' and "RM-9°'
Multiple Family Residential Districts to "C2-B10-F," and approved a
Use Permit ta construct a 117,044 square foot retail store.
Mr. Perry stated that the major concern in addressing these
applicatians has been the impact on traffic. The Commission
recommended that the City pursue a special traffic benefit fee to
finance about half of the street impr�vements needed in the area. Mr.
Perry said it has been reeommended to construct an on/aff ramp further
east on I-5 than the present ramp to mitigate traffic problems.
Mr. Perry stated that Costco appealed three of the conditions of the
use permit. Condition No. 33 pertains to receiving a credit for the
widening of Friendly Road; Condition No. 34 pertains to the
calculation of the benefit fee based on the area of the property
before the widening of Friendly Road; and Conditian No. 35 pertains to
receiving a credit for improvem�nts made at the Dana Drive/Highway 44
ramps.
John Hartigan, representing Costeo Wholesale, Inc. , Kirkland,
Washington, stated that regarding Condition Na. 33, improvements will
cost $7$,000 or more because Friendly Road will eventually need a ramp
and these improvements will benefit more of the area than just Gostco.
Regarding Candition No. 34, Mr. Hartigan requested that the
calculation of the benefit fee be based on net acreage after the
dedication of land to the City for Friendly Road. Mr. Nartigan stated
that Condition No. 35 will aga7n benefit everyone and it will cost
Costco $45,000. He asked Council to overrule the Commission on these
points. Mr. Hartigan added that Costco is paying �365,000 for
improvements.
Tom Shuck, CW Realty, stated that it will be beneficial to have
Costco in Redding. He said that taxable sales will be substantial ,
and consumers who wauld normally go to Sacramento and San Francisco to
spend their money will stay in Redding. In addition, the Costca wage
scale is excellent. Regarding the traffic benefit fee district, Mr.
Shuck suggest�d that the area be expanded to include Churn Creek.
Council Member Buffum stated that a master plan is necessary. She
noted that developers will keep coming back and asking for more
commercial areas.
Mr. Perry indicated that he does not foresee the development going
past Bradford and Victor. He stated that the traffic statistics deal
with the area in question, and development along Hartnell and Churn
Creek should not have to pay. Mr. Perry explained that they are
trying to solve the traffic problems on Highway 44.
Council Member Buffum painted out that if Costco had not asked for a
general plan amendment, the traffic situation would not have been
looked at so closely. She asked if housing development eould be
assessed. Mr. Perry replied that only those homes that have not been
built can be assessed.
Mr. Shuck stated that there are 64 acres of existing 1and zoned
commercial . He pointed out that those properties will be developed
soon, Costco should be allowed to develop, and then staff should take
another loak at the traffic situation.
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288
Council Member Buffum asked if Mr. Shuck wants Council to open the
door for Costco and then close it for everyone else. Mr. Shuck
replied yes.
Jack Lynch, 1065 Dana Court, Realtor, opined that if the area is
developed residential at 9 to 12 units per acre, the traffic situation
will be the same as if the area was zoned commercial . Mr. Lynch
stated that it makes sense to create a regional shopping center.
Costco is a major attraction, and it makes good economic and planning
sense to allow the area to grow. He stated that some concessions
should be made to Costco.
John Carr, Millville, stated that he is a real estate broker and not
opposed to development by Costco. He noted that some of the money
that wi 11 be spent at Costco i s money that woul d have been spent i n
the area anyway. He stated that if local business is going to be
displaced, Costco should support the traffic improvements. He pointed
out that the monetary difference is only a drop in the bucket for a
large department store, and if Costco backs out now, they did not have
much at stake in the community. Mr. Carr pointed out that many people
are moving here and there is a strain on City services. He stated
that business should pay its way up front.
Betty James, 1067 Riviera Drive, expressed support for development by
Costco and noted that she wants a place like Costca for her children
to work. She noted that if Redding does not have employment
opportunities, the children will leave.
MOTIQN: Made by Council Member Dahl , seconded by Council Member
Fulton, that the public hearings be closed. The Vote: Unanimous Ayes
Council Member Dahl pointed aut that Council is open to growth and
business opportunities, but development is causing problems. He
conveyed that Costco did get stuck in the middle, but Council is
willing to amend the general plan instead of waiting for in-fill .
Mayor Carter stated that the question is if the proposal is equitable
and what it is going to cost to straighten the traffic problem out.
Council Member Fulton noted that Costco will be creating some traffic
problems, but the advantages outweigh the problems.
MOTION: Made by Council Member Buffum, seconded by Council Member
Dahl , (1) certifying that pursuant to Sectians 15090 and 15091 af the
California Environmental Quality Act guidelines, the Traffic
Supplement to EIR-3-79 was reviewed and considered and that changes or
alterations have been required in or incorporated into the project
which avoid or substantially iessen the significant environmental
effects of the project; (2} to deny the appeal of Use Permit
Application UP-182-22, by Costco Wholesale, Inc. ; (3) find that under
Section 18.70.050 of the Redding f�unicipal Code, the use permit with
the conditions as recommended, will not be detrimental to the health,
safety, peace, morals, comfort, or general welfare of persons residing
or working in the area nor will it be detrimental or injurious to
property with the conditions as outlined; (4) to direct staff to
initiate proceedings to establish a benefit district for the area for
traffic improvements; {5) adopt a resolution approving General Plan
Amendment GPA-14-88 later in the meeting; (6) and direct that prior ta
the second reading of Ordinance No. 1892, an agreement be entered into
with Costco Wholesale stipulating among other things that if Costco
does not proceed, the rezoning and General Plan amendment would become
null and void. The Vote: Unanimous Ayes with Council Member
Johannessen abstaining.
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289
Council Member Buffum offered Ordinance No. 1892 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-15-88) .
PUBLIC HEARING - re General Plan Amendment Application GPA-8-88, by
Paul Edgren and the City of Redding (West of Howard Drive and Riviera
Drive)
(G-030-010)
The hour of 7:00 P.M. , having arrived, Mayor Carter opened the public
hearing regarding GPA-8-88.
The following documents are on file in the office of the City Clerk:
Affidavit af Mailing - Notice of Public Hearing
Affidavit of Publication - Notice of Public Nearing
Planning Commission recommendation dated June 27, 1989
Planning and Community Development Director reported that the Planning
Commission recommended to reclassify approximately 75 acres from
°'Residential , 2.0 units per acre" and "Greenway" to "Residential , 3.0
units per acre°' and '°Greenway."
Bill Hawkins, 1130 Riviera Driv�, asked what the developer's plans are
to ereate a through way if the application is approved. Mr. Perry
stated that the develaper is required to levy $1,000 per lot taward
the paved extension of Canyon Creek Road.
Betty James, 1067 Riviera Drive, expressed support for the general
plan amendment and pointed out that development in the area will help
the traffic on Riviera Drive, deter unlicensed off road vehicles from
travelling on Riviera Drive, and eliminate und�sirable uses on the
property.
MOTION: Made by Council Member Johannessen, seconded by Council
Member Dahl , that the public hearing b� closed. The Vote: Unanimous
Ayes
MQTION: Made by Council Member Johannessen, seconded by Council
Member Dahl , that Council make the following findings re General Plan
Amendment Application GPA-8-88:
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;
ratify the Negative Declaration authorized by the Board of
Administrative Review on May 17, 1989; and adopt the resolution
establishing same later in the meeting. The Uote: Unanimous Ayes
PUBLIC HEARING - re Rezoning Application RZ-4-89, by City of Redding
(Narth of Qld Alturas Raad and east of Abernathy Lane)
(L-010-230}
The hour of 7:00 P.M. , having arrived, Mayar Carter opened the public
hearing regarding RZ-4-89.
The following documents are on file in the office of the City Clerk:
Affidavit af Mailing - Notica of Public Hearing
Planning Cammission recomm�ndation dated June 29, 1989
7/5/89
290
Planning and Community Development Director Perry stated that the
Notice of Public Hearing was incorrectly noticed in the Record
Searchlight newspaper; therefore, it is the recommendation of staff
that the public hearing re RZ-4-89 be continued to 7:00 p.m. , July 18,
1989.
MOTION: Made by Council Member Fulton, seconded by Council Member
Buffum, to continue the public hearing regarding Rezoning Applicatian
RZ-4-89, by City of Redding, to 7:00 p.m. , July 18, 1989. The Vote:
Unanimous Ayes
PUBLIC HEARING - re Rezoning Application RZ-6-89, by Ron Munk
(Southeast corner of Old 44 Drive and Old Oregon Trail )
(L-010-230)
The hour of 7:00 P.M. , having arrived, Mayor Carter opened the public
hearing regarding RZ-6-89.
The following documents are on file in the office of the City Clerk:
Affidavit of Mailing - No�ice of Public Hearing
Affidavit of Publication - Notiee of Public Hearing
Planning Commission recommendation dated June 29, 1989
Planning and Community Development Director Perry reported that the
Planning Commission recommend�d approval to rezone 25.15 acres from
"U" Unclassified District to "C-6-F" Limited Service Commercial
District with Site Plan Review. Mr. Perry indicated that the property
is being developed as the Cr�ossraads Commercial Park. It is the
recommendation of staff that the rezoning application be approved.
Mayor Carter determined that there were no comments from the floor.
MOTION: Made by Council Member Johannessen, seconded by Council
Member Fulton, that the public hearing be closed. The Uote:
Unanimous Ayes
MOTION: Made by Council Member Buffum, seconded by Council Member
Dahl , that Council make the following findings re Rezoning Application
RZ-6-89:
l . 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 May 17, 1989. The Vote: Unanimous Ayes
Council Member Buffum offered Ordinance No. 1893 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-6-89) .
LEGISLATIVE MATTERS
* (L-040-300 & L-040-070)
City Manager Christofferson reviewed the Report to City Council dated
June 28, 1989, and it is incorporated herein by reference. Mr.
Christofferson recommended that Council take the following action:
oppose SB1127 pertaining to compulsory and binding arbitration;
oppose AB2236 pertaining to housing assistance funds; oppose AB2491
pertaining to fee reductions to off-airport businesses; oppose SB1235
pertaining to how housing funds are used by redevelopment agencies;
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291
oppose AB2019 pertaining to public records; oppose AB2374 pertaining
to statements of indebtedness for redevelapment agencies; oppose SB968
and SCA19 pertaining to revenue exchanges involved in annexations;
oppose AB2372 pertaining to penalties on delinquent property taxes;
and oppose HR2204 pertaining to binding arbitration far firefighters.
MOTION: Made by Council Member Buffum, seconded by Council Member
Fulton to oppose SB1127, A62236, AB2491, SB1235, AB2019, ABZ374,
S6968, SCA19, AB2372, and HR2204, and convey that opposition to the
appropriate legislators and committees. The Vote: Unanimous Ayes
REGIONAL FIRING RANGE
(G-070-010-050}
Planning and Community Qevelapment Qirector Perry reported that the
Shasta County Board of Supervisors examined the City's use permit
application for a Regional Firing Range an the Hunt Ranch property,
supported the concept of the Regional Firing Range, but would not
comment on whether or nat the propased site is a viable location. It
is the recommendation af staff that a letter from the Mayor to the
Board of Supervisors be sent to clarify Council 's position on the
project.
Council concurred that the proposed firing range on the Hunt Ranch is
still in the development stage.
MOTION: Made by Council Member Dahl , seconded by Cauncil Member
Fulton; authorizing the Mayor to send a letter to the Shasta County
Board of Supervisors regarding the proposed Regional Firing Range on
the Hunt Ranch property. The Vote: Unanimous Ayes
BUILDING CODES REUIEW TASK FORCE
(C-110 & A-Q50-250-030)
Planning and Community Qevelopment Directar Perry recalled that the
Report of the Building Codes Review Task Force was received and
considered by Council , and in that Report, several recammendations
were made far implementation by the City.
Mr. Perry reviewed several recommendations for aetion, as outlined in
the Report to City Council dated June 27, 1989, and suggested that
staff be authorized to seek to implement them.
MOTION: Made by Council Member Johannessen, seconded by Council
Member Dahl , to authorize staff to proceed with the implementation of
recommendations as outlined in the Report ta City Council dated June
27, 1989, and send a letter to the �uilder's Exchange thanking them
for their input and advising them which items staff has been directed
to proceed with at this time. The Uote: Unanimous Ayes
P�RCHASE OF PROPERTY - Yuba Street
(C-070-010)
Planning and Community Development Director Perry recalled that the
realignment of Butte Street was included in the report of the Market
Street Redevelopment Project Committee to create an east-west traffic
corridor. Mr. Perry explained that the project is in the early stages
of approval and funding; however, the owners af one af the key
properties nave noticed intent ta sell the property. Mr. Perry stated
that the property owners have agreed to give the City ar Redevelopment
Agency (RRA) a purchase option on the property. The term is for nine
manths and the deposit would be �10,000, of which $5,000 wauld be
nonrefundable if the property is not acquired. If acquired, the
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292
$10,000 would be credited against the purchase price. It is the
recommendation of staff that Council approve a loan to the
Redevelopment Agency in the amount of $10,000 to secure an option on
the property.
Council Member Buffum expressed concern about the City recovering the
loan if the project is not approved.
Mr. Perry explained that the project needs to be inside the
redevelopment area, and once the project is funded, the RRA will
reimburse the City. He said if the project does not go, the property
can be sold.
Council Member Johannessen stated that the other optian is to wait
until the project is approved and then assume the property. He noted
that he is not opposed to us7ng eminent domain for street
improvements.
Mayor Carter noted that the downtown area has traffic problems, and
Council should think ahead. Cauncil Member Fulton pointed out that
the property may not be available for sale later.
MOTION: Made by Council Member Dahl , seconded by Council Member
Fulton, to approve a loan to the Redevelopment Agency in the amount of
$10,000 to secure a nine month purchase option on property located at
1005 Yuba Street.
Voting was as follows:
Ayes: Council Members - Dahl , Fulton, and Carter
Noes: Council Members - Buffum and Johannessen
Absent: Council Members - None
PLANNING PERMIT FEE INCREASE
(F-205-600 & A-050-250)
Planning and Community Development Director Perry recalled that
Council directed staff to develop a fee schedule that would increase
fee revenues in the Planning Division by 15%. The proposed increases
focus on commercial projects, larger rezonings, general plan
amendments, and subdivisions. It is the recommendation of staff that
Council increase fees as outlined in the Report to City Council dated
June 28, 1989, and direct staff to prepare a resolution for adoption
at the next regular meeting. Mr. Perry noted that this will give any
interested parties a chance to respond.
Council Member Dahl noted that the Builder's Exchange said they would
be willing to pay increased fees in order to receive a higher level of
service.
MOTION: Made by Council Member Dahl , seconded by Council Member
Fulton, directing staff to prepare a resolution increasing fees in the
Planning Division for consideration at the next regular meeting on
July 18, 1989. The Vote: Unanimous Ayes
BUILDING PERMIT FEE INCREASE
(F-205-600 & A-050-250-030)
Planning and Community Development Director Perry stated that fees for
building permits are adjusted when new codes are adopted and new
valuation tables are referenced. The Building Division is currently
using the October 1984 valuation tables. Mr. Perry explained that
with the four new positions in the Building Division, the City will
need to raise about $190,000 for salaries, benefits, a vehicle,
operating supplies and materials, and communication costs. It is the
recommendation of staff that the current valuation tables be
7/5/89
293
implemented and annual adjustments based on the most current set of
tables from the International Conference af Building Officials (ICBO)
be implemented on the first Manday of February of each year. Mr.
Perry recommended that Cauncil adopt the plan in concept and staff
will prepare a res�lution implementing the annual adjustment and bring
it before Council at the next regular meeting of July 18, 19$9.
MOTION: Made by Council Member Dahl , seconded by Council Member
Buffum, approving the use of the current valuation tables far building
permits and plan check fees in concept and directing staff to prepare
a resalution for the Council Policy Manual implementing annual
adjustments in the valuation table for consideration at the next
regular meeting af July 18, 1989. The Vote: Unanimous Ayes
REDDING REQEUELOPMENT AGENCY BUDGET - 1989-90
(R-Q30-030)
Planning and Community Development Director Perry submitted the budget
for the Redding Redevelopment Agency for 1989-90. This was an
infarmation item and no action was required.
RESOLUTION - Sacramento River Trail Bridge Grant Application
(P-050-460-70Q}
Planning and Community Development Director Perry reported that
Assemblyman Stan Statham and Senator Jim Nielsen have submitted, on
behalf of the citizens of Redding and Shasta County, two projects into
the State budget, funding for the Museum Complex and the Sacramento
River Trail Bridge. Funds for the River Trail Bridge are from two
saurces, 1988 Park Bond Act Funds and SAFECO funds. It is the
recommendation of staff that the Mayor write letters to Assemblyman
Statham and Senator Nielsen to thank them for their efforts and adopt
the resolutian authorizing the grant application far Bond Act Funds.
MOTION: Made by Council Member Fulton, seconded by Council Member
Dahl , that Resalutian No. 89-230 be adopted, a resalution of the City
Council of the City of Redding approving the application for grant
funds for the Per-Capita Grant Program under the California Wildlife,
Coastal and Park Land Conservation Act of 1988 for Phase VII of the
Sacramento River Trail , which includes a pedestrian bridge.
Voting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Garter
Noes: Council Members - None
Absent: Council Members - Nane
Resalutian No. 89-23Q is an file in the office af the City Clerk.
Council concurred to send letters ta Assemblyman Statham and Senator
Nielsen ta thank them for their efforts.
DOWNTOWN MALL - Request to Lease Space by Brian Humble
(R-030-150 & M-010-200}
Planning and Community Development Director Perry reported that a
letter was received from Brian Humble requesting to use a portion of
the common area in the Downtown Mall in front of the Orange Julius as
an area for customers to eat food purchased at the store. Mr. Perry
also canveyed that the Mall Merchants Assacia�ion has indicated a
desire for kiosks to be installed to sell goads and services, and the
Redevelopment Agency (RRA) approved a kiask far an affice for the Mall
Merchants, subject to a lease.
7/5/89
294
It is the recommendation of staff to refer the letter from Mr. Humble
to the RRA for process�ng. Mr. Perry explained that the RRA appears
to be in the best position to review these type of requests.
Council Member Buffum suggested that Council stay involved and
current. She said she does not want to change the proposal , but would
like to approve requests on a case-by-case basis. Council Member
Buffum indicated that some merchants feel they are not being �
represented by the Mall Merchants Association. She suggested that
some of the requests be approved on a 6-month basis so the requests
can be evaluated.
In response to Council Member Johannessen's question, Council Member
Buffum stated that Council should review the RRA's recommendations.
She stated that RRA should be the working body, but Council should
reserve the right to vote.
Council Member Johannessen noted that there may be some legal concerns
involved.
MOTION: Made by Council Member Buffum, seconded by Council Member
Dahl , to use the Redding Redevelopment Agency to put together a
program for leases in the Downtown Mall and bring it back to Council
for approval . The Vote: Unanimous Ayes
RESOLUTION - General Plan Amendment Application GPA-7-88, by Charles
Jewell (455 Beagle Lane) ; General Plan Amendment Application GPA-8-88,
by Paul Edgren (West of Howard Drive and Riviera Drive) ; and General
Plan Amendment Applicatian GPA-14-88, by Costco Whalesale (1300 Dana
Drive)
(G-030-010}
Planning and Community Qevelopment Director Perry stated that the
resolution before Council for consideration will implement general
plan amendment applications previously approved in concept. It is the
recommendation of staff that the resolution implementing the general
plan amendments be adopted.
MOTION: Made by Council Member Dahl , seconded by Council Member
Fulton, that Resolution No. 89-231 be adopted, a resolution of the
City Council of the City of Redding amending the General Plan of the
City of Redding by adopting General Plan Amendments GPA-7-88,
GPA-8-88, and GPA-14-88.
Uoting was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, and Carter
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Johannessen
Resolution No. 89-231 is on file in the office of the City Clerk.
ELECTRIC DEPARTMENT PROJECT STATUS REPORT - Third Quarter 1989
(A-050-125)
Electric Director Lindley submitted the Electric Department Project
Status Report for the third quarter of 1989. Mr. Lindley stated that
an item regarding the Northern California Power Pool dated July 5,
1989 is to be removed from the Report.
This was an information item and no action was required.
RESOLUTION - City of Redding Electric Utility 1988 Resource Plan
(E-120)
Electric Utility Director Lindley submitted the City of Redding
Electric Utility 1988 Resource Plan. Mr. Lindley stated that the 1988
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295
Resource Plan will serve as a guide to policy decisions affecting the
direction and grawth of the City's Electric Utility. Noting that the
Electric Utility Commission played an instrumental role in developing
the Resource Plan, Mr. Lindley suggested that Council thank the
Commission for its cantributian.
MOTION: Made by Counc�l Member Johannessen, seconded by Council
Member Dahl , that Resolution Na. 89-232 be adapted, a resolution of
the City Council of the City of Redding adopting the City of Redding
Electric Utility 1988 Resaurce Plan.
Uating was as follows:
Ayes: Council Members - Buffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - None
Absent: Cauncil Members - None
Resolution No. 89-232 is on file in the offiee of the City Clerk.
It was the concurrence of Council to send the Electric Utility
Cammission a letter of thanks for their eontribution to the 1988
Resource Plan.
RECREATION AND PARKS FACILITIES CREDIT
(A-050-060-555 & S-100)
Recreation and Parks Dir�ctor Riley reealled that Council adopted an
ordinance in 197� providing for the contribution of cash and/or
payment of fees for park and recreation faeilities in subdivisions and
allowing developer to improve parkland. It is the recommendation of
the Recreation and Parks Commission and staff that Council adopt a
policy whereby a developer could construct a park site within a
subdivision and reeeive eredit for that park construction against the
fee or dedication of land requirements. Mr. Riley indicated that if
Council approves, staff will prepare a resolution approving the credit
for park and recreation facilities and incorporate it into the Council
Policy Manual .
MOTION: Made by Couneil Member Johanness�n, seconded by Council
Member Dahl , approving the credit for park and recreational facilities
provided by subdivisions and directing staff to prepare a resolution
to incorporate same into the Council Policy Manual . The Vote:
Unanimous Ayes
COUNTRY HEIGHTS SUBDIVISTON - Credit for Developing Park Site (West of
Haward Drive and South of Canyon Creek Road)
(S-100-108)
Recreation and Parks Director Riley stated that the developer of
Cauntry Heights Subdivision, Paul Edgren, was granted permission to
subdivide 153 acres into single family lots and will be submitting a
tentative map to the Planning Commissian ta subdivide an additional
167 acr�s north of the approved subdivision. Mr. Riley explained that
1.8 acres has been dedicated park site, and Mr. Edgren would like to
construct the park site and is applying for the credit for park and
recreational facilities provided by the subdivision. Ne added that
the park will be designed by the City. It is the recommendation of
the Recreat�on and Parks Commissian and staff that the request be
approved.
MOTION: Made by Council Member Buffum, seconded by Council Member
Johannessen, approving the credit for park and recreational facilities
provided by the Country Heights Subdiuisian. The Vote: Unanimous
Ayes
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PUBLIC WORKS QUARTERLY REPORT - Third Quarter 1989
(A-050-300)
Director of Public Works Galusha presented the Public Works Quarterly
Report for the third quarter of 1989. This was an information item
and no action was required.
TRANSPQRTATION DEUELOPMENT FEE PROGRAM
(T-100)
Public Works Director Galusha reported that staff is developing a
proposed Transportation Development Fee Program to exact financing
from new development occurring throughout the City of Redding sphere
of influence area. The program will provide for the expansion of the
City/CountyjState road system and signal control infrastructure to
accommodate vehicle traffic from additional development through the
year 2000 in accordance with the City of Redding and Shasta County
General Plans. Mr. Galusha noted that the program requires review by
the Regianal Transportation Commission, the Redding Planning
Commission and City Council , Shasta County Planning Commission and
Board of Supervisors and other public groups. It is the
recommendation of staff that the program be approved in concept and
the Public Works Department be authorized to praceed with the next
phase to schedule meetings and workshops with the civic and public
agencies involved.
Council Member Dahl pointed out that with all the growth and
development, people are wondering what the City is planning. He
stated that the program should be pursued and suggested that two
Council Members, a Planning Commissioner, and member of the
Redevelopment Agency participate on the committee.
Council Members Buffum and Dahl stated that they would volunteer to be
on the committee.
Mr. Galusha conveyed that the Builder's Exchange wants to meet with
the committee.
MOTION: Made by Council Member Johannessen, seconded by Council
Member Buffum, to approve in concept the Transportation Development
Fee Program and authorize the Public Works Department to proceed with
the next phase to schedule meetings and workshops. The Vote:
Unanimous Ayes
RESOLUTION - Joint Powers Financing Authority with the Modesto
Irrigation District
(E-120-110)
City Attarney Hays stated that the Modesto Irrigation District, a
partner i n the M-S-R Publ i c Power Agency, requested that the Ci ty of
Redding consider joining them in the establishment of a joint powers
financing authority. Mr. Hays indicated that the City of Redding will
develop, at no cost to the City, an additional financing tool under
the Marks-Roos Local Bond Pooling Act of 1985 and provide the City
with a financing authority with much broader powers than the existing
joint powers financing authority with the Redding Housing Authority.
Mr. Hays explained that the City° s participation in the authority will
not create any financial obligations on the part of the City until
such time as the City would want to use the financing shell proposed
by the recommended action. It is the recommendation of staff that
Council approve the Resolution authorizing the Joint Exercise of
Powers Agreement with the Modesto Irrigation Qistrict.
7/5/89
297
MOTION: Made by Cauncil Member Dahl , seconded by Council Member
Buffum, that Resolutian No. 89-233 be adopted, a resolution of the
City Council of the City of Redding authorizing the execution and
delivery of a Joint Exercise of Powers Agreement by and between the
City of Redding and the Madesto Irrigation District and approving the
financing through the Modesto Irrigation District Financing Authority
of not to excaed $40,QOO,Q00 aggregate principal amount of
eertificates of participation for the Modesto Irrigation District
(1989 Main Canal Tunnel and Capital Improvements Project) .
Voting was as follows:
Ayes: Council Members - �uffum, Dahl , Fulton, Johannessen, and
Carter
Noes: Council Members - None
Absent: Council Members - None
Resolution No. 89-233 is on file in the office of the City Clerk.
REQUEST FOR CLOSED SESSION
(P-100)
Mayor Carter stated that Council will adjourn to closed session
pursuant to California Gavernment Code Sectian 54957.6(a) to discuss
personnel matters.
At the hour of 1L•27 p.m. , Mayor Carter declared the meeting adjourned
to closed session.
At the hour of 11:40 p.m. , Mayor Carter reconvened the meeting to
regular session.
ROUTINE REPORTS AND COMMUNICATIONS
Alcoholic Beverage Lieense Applications
(A-110-140)
Churn Creek Shell (J. Warren and Mary Lou Lane}
4746 Churn Creek Raad
ADJQURNMENT
There being nQ further business, at the hour of 11:40 p.m. , Mayor
Carter stated that Council will adjourn to 8:30 a.m. , Juiy 8, 1989,
�or a City Council Workshop at the Shasta House, 8750 Wanderland
Boulevard.
APPRQVED:
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Mayor
ATTEST:
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City Clerk
7/5/89