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HomeMy WebLinkAboutMinutes - City Council - 1966-09-12 2i3 City Council, Regular Adjourned Meeting ; - . , , , , .♦ �. : , �, . Police Dept...;&. Council.Chambers Bldg. � . ,, ; .,,. Redding, .California. , .. . .,., . .. , . ; . r:..�.: ,i . ,. Septembe:r 1,2.;: 196b_ :7.:0;0 P. M. . ., �- ;. . . . . , The mee�ting was called:,to ;order by Mayor M-oty at.the hour of 7:00 P. M. with the fol�lowing.Couneilmen present: : Cha,tfield,.,Denny,,, Doherty, Fulton, and Moty. .. ' . • . - - - ' , . .. : . � , - , - . . ... . , .�_.� . .. . . . . . . . . �,. . � . , . Also present were Cit.y..,_Ma,nager;G,-o,wc�en; As,s:is,tant;.Gity.,Manager,, Stewart, City Atto rney Mu rphy, and Financ e Di re cto r Cou rtney. ,' _ � , . . � , . , : , , RESOLUTION - -Stop,Sigris -. ;Par-k Marina Drive , �. communica:ti,on wa.s,,.receive.d..:from.Robert L.�, ;Mille,r, ,Chairman of the Traffic and.P.arking Commission which.stated that the member.s of the Commission�had�been polledrand�-,that�the th,re.e member.s the.y we-re able to ��i� � contact recommend that stop signs be erecte,d;to. sto.p traffic before entering Park Marina Drive from Rome Avenue, Olympus Avenue, South Street, and Washington •Avenue. >:�, . . ., � ..,; _ - . _ . , , , ,. MOTION: Made by Councilman Denny, seconded by Councilman Doherty approving the recommendation af,the Tr.affie,,and. Parking�Commis.sion that ResoTution�.No. :3�753-.be ado.pted, a ,resolution_.of the;City Council of, the City of Reddi�n order-in ,the insta,llation� of '!Sto " :si �ns .on.,c;extain s.tree,ts.,in the ,��� g� ' g p. g _ . . .._ City of.Reddi•ng which �inte:rsect with.Pa rk Ma rina.D.rive: .. . a.,.. , . Voting was.as fol�lows:: � : -� .. : . .�. � ,. � .. , . _ . , � - . . , Ayes: Councilmen •-,Chatfield;: Denny, Dohexty, Fulton, and Moty. . Noes: Councilmen - N,one _ , . , , , , : �. , • , , t�bsent: . Councilmen - None . _. , . . . , ; � - s . . � „ . . . . : . . - , .. _ . Resolution No. 3753 on file in the office of the City Clerk. : , , . _ BUCKEYE COUNTY. W,ATER_.DIST,RIC�T .. . � Councilman Ghatfield :reviewed;ther re,c.ornmenda.ti.ons. of �the. Council Special Committee re the Buckeye Wate r System Acquisition Feasibility Study which are: (l,)...That�Council;favorably ;e,nd,oxse the .study and affirm its. willingness to proceed-;on�the ba;sis, of a,three, ,party Joint ;Power,s Agr.eement be,tween the City;�,-the �District,',.and�the .County, ,whe rein the City would ag ree to take over the District''s water sy_stem at such time as a District dissolution. . � � ..�� election suc.ceede:d; (2)- The .Coun;ty, to take .ove�r .thea.;T.win,.V.ie.w Sewe.r_A,ssess- ment:District assets,;and;,,if�.requested; ,the Cit.y.to contract with the ,County to maintain this�sys�ern;�(;3).,, The :City�not._,take,.over.�the Di.strict fire ,protection service'k�ut that the Fire.Distri.c,t.:sh.ould be�_under the ,auspices of, the County. City l�iilanager Cowden reviewed his comments pertaining to the.acquisition of the Buckeye County Wate r District as contained in his report attached Lr3L/ to his memo of� Septembe r_.8,. ,1966;:".In�summa ry, Mr.,�Cowden ..re,c.ommends: 1 . . . _ . ., .�.. .._ _ . .:,� . ` 1)� ' TYi'a�t the Distr-i•ct bear all cost:s. of.di-ssolution_e,le.ction and „ , � aTl future-:legal �and/�o'r. election costs .that may be necessary � ' •' � i�n connection:with-�this entire project.= � � ',.. - . . .__. . ., , . .. . , '. . , . : _. , . .. _ ,. . .. . .-..r�-.�...-. . ,. � _ 2)' � That any contractual arrangement .be.twe.en,the, City„ and, t�i;e,. - � :Dis�t'ri.ct p.rovide..-that the City may levy,:such,charges in,the form_of water rates as. may be required to pay all operation . ,. ,,, cos.ts,, al� salary costs,.;all capital improvement costs, and � . . , an.y .other-,costs tha-t�,may accrue with_the City's operation of . � .. . � -the.Di,s.trict's; water dis�t-ribution system.;` , . , ;;T., . , , , ,, `. , , ', , : �: .� . � _ . . . _ ' . . , ' .- . 3) � That.,any .contraet.between.the. City and the; District not.include . . . . . .., 1_. . a:promise ,by, the. City ,'.'to ,provide in,perpetui.ty .to-the cus.t�omers . � � ,..of. the•,,sy.atem�an adequate psup,ply,,.,of;,potable wate r, " : .. .. ' 4. ' � , � .. , � . . .. . _ i . , . I � ' ' ., � . . . . . . .. .. . � , � . 214 • 4) � Tha-t ariy costs` in connection with operating the Twin View or any othe'r sewer asses'sment district be entirely at the � � • " expens�e'' of the� b`enefitiiig '�residents and at no expense to the citizens of Redding. �5) � � That the di�ssolution el'ection be_held'befo�re the City agrees � � to acquire�the Di�st-riet�s water distributiori syst`em=ass;ets and liabilities and/or before the City deposits in trust the sum:of $200, 000 or any amount found to be the approximate bonded indebtedness of the District's� wa`ter system: � " 6) That the City not accept the District's fire fighting equipment and/or any responsibility for furnishing fi.re..pr.otection.to the ' �" area'encompas's:ed by the Dist'rict=unless�-such p•rote:cti.on :i:s .. � �affo'rded unde 'r�a mutual aid�pact and'/or�ag reement which�the 'City has witli otlz'er public eritities}'�'in the�.area=liauirig�their.:own� � firesfighting facilities:� ' � . ' ' - . ' . . �� � . . ��,. . .. . "' , . . - - _ . .. .. . 7) That the District's Board agree to hold the dis.solution election separately from the bond issue election. In a discussion of the-above recommendations.it-was bxought ou-t that..in order to' call'the dissolution ele'ction, the contract would have .to be written and signed'-by the three�`parties -.-`tri�e City, `County; arid the�Distri,ct, because if the dissoiiition elec'tion i's 'siiccessfia.T the District Board of Directors no longer has the power to sign the contract'as the Board of Directors' of tHe`�Di�strict. = However-,; pr'ovision.can�be-made:.that .the City pay no bond interest or redemption payments until the dissolu.tion`election is successful. The City Attorney stated it may be necessar-y'.to rhave a trust fund set up with no monies to be paid out until the dissolution election is successful. • � • ;, • � _.. . ,. . . . __. ' _`. '. . . . . Councilman Chatfield said he would like;to„have_'r-es.earched the,�possi.-: bility of liolding the dissolution and bond issue e'lections'separa�tely::'�� City Attorney 1Viurpliy`reported "tYiat'bond� elections must-car.ry by'�two F : thirds'majority whe.reas dissolution electioris carry with�•a �siinple� , . , maj'ority:`- A b"orid`eT`e�ction�authorizes� 'the-sale•of bonds but does not . compel"the' s'aTe of.bonds. ` If the dis'solutiiori el'ect'iori =carried, t�ie�Board of Director�s of the 'Distri'ct would'_not have`�the povcTer to s�ell�bonds..because -: ., . , _. ... . : of tli'e' di'ssolut'ion'of tlie'Dist'.rict and the City would.have no powe_r,.to,:is,sue _. . __. G. O.'` borids because it��has`'no`�power to�tax the Distr'ict. Bond 'Coun�el does not recommend simultaneous elections; thinks the dis's:olution election should be held first because it could be charged that the simultaneous ele'ction`acted�to eorifusFe the�vote rs•. - �. • . - , . � . _ . , The re -wa�s a dis cus'sion 'as to�wh'eth�e r_rate and,enginee ring studie.s. should be made before the dissolution election. Councilman Chatfield feels that the-=rate .s.tudies.and engineer.ing, stu'dies; should-be made after the dis s olution.ele ctiori,;.howeve r�;� Councilrrian .IDoh�e r:ty. believe s s ome engineering study should be made before such election_in order that the City may determine whether it is talking about a practical proposal. Councilman Fulton asked.how.the�City can es,ta�blish,a rate without any knowledge of`the�condition` of the sys�tem. ' Gouncilman Chatfield said he has�nordoubt' bu=t th'a<t°the '�Gity"'can°furriish�wate'r to�_the �District more ecori`o'mic`a1ly�tliari �tYi•e' Buckeye�County�W.ater'Dist�rict. ` Councilman Denny � favor's'ei�girie'eriiig''�studi'e�s`p-ri�or to'tlie-dis-'s"olution��efiecti�ori. He thinks residents would want something rnore defini�te�than '"hoped for rates. " Mayor Moty said he certainly thinks it would be desirable but the point remains that rega rdless of what the enginee ring�s:tu�di�e s :may show and regardless of whether �tlie pe'opl'e �in the District��or:the�.City:are operating the District, •ce"rtairi improvements =are'goirig�to=have'to"be�made and the cost is going to have to be borne by the people in the District. If the City - 2'15 operates the system it will be borne by rates and if the District operates the system it will� be by rates and taxes. Mayar Moty agreed that it is very important that�Council divorce itself from the statement, "hoped that•the rate's so determined would not be more than twice the in-City rate. " Mayo.r Moty raised the question of what happens to "X" re�sident who lives in the Buckeye District who is not now in the City if the dissolution election is successful and "X" resident annexes to the City?� What happens to his water rates and how does this �affect other residents who do not annex to the City? Councilman Chatfield said it could affect :the �otlier residents either way -- in either higlier o:r°lower rates, depending upon what portion�s o'f�the system we''re"arinexed. Tt was-determirie'd �that it'is not possible to know at this time whether tliis would have an adverse effect on the remaining user's of 'water�in tHe Buckeye County Water ' System: City Manager Cowden believes that "X" res'ident would auto- matically'be served at�the in=City�rate.� � � " � � " Councilman Fulton thiriks it is necessary to get certain'i'nformation to the citizens of Buckeye before they vote on dissolution. � He feels the citizens of Buckeye should realize that there has been considerable con- flict within the Buckeye County Water District but at least they have repre- sentation through the Board of Directors; however, if the City takes over � they will have no representation. � Mayor Moty thinks the City should attempt to change its water contract by extension of service area so that Buckeye residents could get water at the $3/acre foot rate rather than at the $20/acre foot they are now PaYinb•I � . In answer to Councilman Doherty's inquiry'as to whether the Gounty has indicated a willingness to to take �over< the Sewer and Fi�re District, he was told that this has not been researched. Councilman Chatfield noted� � that this entire matter has to go before LAFCO and:;it is presumed that the County will go along with LAFCO's r'ecommendations. Final Comrrients of Gouncilmen: � - � � Councilman Doherty � - � • Mr. Doherty favors the proposal of the Committee as� changed by the recommeridations of the �Gi�ty Manager, specifically that � the elections be held one at a time'at �rio cost to' the City�;' tlzat'the- County'take over the Fire and S`ewer iDis'tricts;� that°�the District = bear legal and special elections costs; and that the�Gommittee's recommendation be revised concerning serving of "potable water in perpetuity" a�s reeommerided by the City IVlaria'ger. ' Councilman�Fulton�: = `� - _ , • '' Dr. Fulton•thinks the�City is asking�for more problerris- and believes Council should take a long hard look at it. He is concerned that Council is going against its basic concept of serving water outside the City of Redding: Ori tliis �latter �point Councilman Doherty said- that in his-opinion this �is a different situation in that Buckeye is an area that already has a system of its own and source of supply of its own: This is entirely �dif.ferent than furni�sYiing water outside the boundaries� of the City to someone who does not have a supply or system. Mr. Doherty said it will enable the citizens to utilize facilities of the City mo're economically instead of duplicating sys- tems;�alTows�for orderly growth. �' _ .. - . ,. , � ,.. . _ . ... �: . . . Councilman Denriy ` ' �'" Mr. Denny=remarked�that sometime ago he voted against expending $500 by the City to determine the legality of the proposed acquisition be- cause at that time he felt that the issue was not one of legality but one 21b , of propriety; thus Council should have decided on the question of propriety before determining the question of legality. �He said he understood this action is unprecedented and Mr. Murphy cited two similar instances but agreed that this action is unprecedented. Mr. Denny feels it is not ethical for the City to set rates as no one in the City is subject to these rates. � He thinks it could cause a great many problems because of the implications that could . develop with the City of Redding operating a system in which they have no financial interest. This is a violation of a basic democ�atic principle, _ aecording�to�Mr.. Denny. Mr. Denny also doubts that the City can maintain the .kind of bookkeeping.necessary to�assur.e th�.t citizeris, of Redding will,bear none of the costs. H,e also disagrees with the premise that by eliminating the district the City will eliminate a barrier to the growth of Redding; he b,elieves that water is one .of the services that will bring about annexation. He cited the� recent Freebridge Annexation where it was charged that the onXy persons; opposed were those residents who were already receiving City water (State'ment� ma�de�by a-proponent of the Freebridge Annexation ata study session). . M�r. Denny said he agrees with Councilma,n Fulton ,. that he doe's not see how the City can enter into an agreement without engineering studies; the City eould establish standards far in excess of those needed and.cause strong •opposition.. In conclusion Councilman Denny said he is strongly opposed to the �proposal and thinks the City has no business entering into such an agreement and that it would retard possible annexation. Councilman Chatfield Mr. Chatfield said he is in basic agreement with Mr. Doherty';s ; , thoughts but did add that one point should be cleared up and that is that the County would not aetually operate the Sewer System but would'form a rnaintenance district with the cost to be borne by the � � district. � � � In reply to Councilman Denny's statement re annexation, �he stated that if it were the desire of the Buckeye District to annex in its entirety it would certainly place all the hardships which the District� is now experiencing onto the City and he does not believe the City has the ability to annex this entire area with the kind of services it would need.. The, di.ssolution of the District leaves these people free to annex. to the City , to the Shasta PUD, or�the Bella Vista Water District. Mr. Chatfield pointed out that if we had one sizable area we would gain more recognition and assistance from the State, frorri industry, etc_. ,. , � In response to,Councilman. Denny's statement that this aetion is um- preceiiented, Councilman Doherty remarked that it would be more comfortable to say no to this proposal but he believes this is� one time when the Council should take unprecedented action. , Mayor Moty � Mayor Moty said he believed� all of the salient points had� bee;n cove�red-in-the discussion and it is his� belief that Council is not imposing itself upon the �people of Buckeye. If Council approves tlie recommendation of the Committ.ee this would make it possible for the people of Buckeye to make the final�decision. MOTION: 'Made by Councilman Chatfield, seconded by Councilman Doherty that Council notify the Buckeye County Water District Board of Directors that it is willing to enter into a Joint Powers Agreement as basically outlined by Special Counsel, as amended by the understandings • of the Joint Committee, provided the�following points are included, in said Agreement: zi � 1) That the District bear all costs of any dissolution election and all subsequent legal costs that may be necessary in connection witli � . . -. .. • 3 . . �t:s .. �: .. . . . . this proc�edure. . , . � . :.'. .' " . . '. � . , 2) , That the Joint Powers�Agreem�ent�betweeri tYie City and tlie'Di`strict � provide,that the City may cha�rge rates for water se�rve.d which are adequate to. pay all costs�of operation, capitaT'improvements, �'redemp- tion of bonds and any othe.r costs: that may�acc,ria.e�wi"th the'Ci'ty'�s'� operation of the system in order`that�tlie system'may be operated at no profit or loss to the City of Redding. Separate accounting will be necessary to substantiate these rates, both to=tlie use''r's and , .r. . t . . . ._ � . . ,. , . , .� .,. to City. re sident,s. ' . � . . _ .. .. . . . { . . . . . . , _ ___. _ ,. .s , ''�-. . � ., 3) That the contract between the City and the District will not iri�clucle a guarantee by the City to;provide "potable water in perpetuity" but will provide for an adequat•e supply of water to the extent possible under the District's agreement with the Bureau of Reclamation, and of a quality which will meet the standards of the California State Department of Public Health. 4) That any costs in connecti'on with operating the Twin View or any other sewer assessment district be entirely at the expense of the benefiting residents and at no expense to the citizens of Reddirig, but the City is willing to operate the Sewer Assessment District under a contract to be executed with the County who would first form a sewer maintenance agreement for the operation of said . , _. ._....... ,.. . . system. ;f y 5) That the City agrees to acquire the water district's assets and liabilities, providing the dissolution election is successful, for , the amount of the outstanding bonded indebtedness of the District. The City agrees to deposit in a trust fund said amount, provided that no bond interest or redemption payments are to be made from the Cityts trust fund until after a successful dissolution election has been,held. 6) That the City not accept the District fire fighting equipment and/or any responsibility for furnishing fire protection to the area encom- passed by the District unless such protection is afforded under a mutual aid pact and/or agreement which the City has with other � public entities in the area having their own fire fighting facilities, it being the judgment of the .City Council that fire protection to the area now encompassed by the District can be accomplished by the formation of a Fire District by the Shasta County Board of Supervisors. 7) That the :dissolution election. be held separately from the bond issue , el:ection or that, if the elections are held simultaneously,, it be done in such a way that the bond issue is not ,automatically a liability of the City of Redding if both the bond issue and the dissolution elections are successful. Voting was as follows: Ayes: Councilmen - Chatfield, Doherty, and Moty Noe s: Councilmen - Denny, and Fulton Absent: Councilmen - None Councilman Denny stated that if this proposed action is ever consumated and agreement is reached and the citizens of that area vote for dissolution of the Dis.trict, he thinks it wil� be tragic for the citizens of Redding and for the citizens of that District and will result in antagonizing our neighbors to the north. Mr. Denny feels it will cause them to distrust and resent the City of Redding and he can see nothing l�ut trouble coming out of it.