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HomeMy WebLinkAboutMinutes - City Council - 2000-08-17 - Special Meeting I I I 169 City Council, Special Meeting City Ha~l, River Conference Room 777 Cypress Avenue Redding California August 17,2000 5:15 p.m. The meeting was called to order by Mayor Anderson with the following Council Members present: Cibula, Kight, and Pohlmeyer. Council Member McGeorge was absent. Also present were Assistant City Manager Perry, City Attorney Wingate, Deputy City Attorney Frediani, Deputy City Manager Starman, City Engineer Goodwin, and City Clerk Strohmayer. RESOLUTION - re use of tax increment funds within the Market Street Redevelopment Project (R-030-l45-350) Dep\lty City Manager Starman relayed that the proposed resolution is a companion piece to the item approved at the Redding Redevelopment Agency (Agency) meeting today in which the Agency awarded a contract for the South Market Street Intersection Improvement Project. The project consists of installing intersection bulb-outs to decrease the street crossing distance for pedestrians; new curb, gutter, sidewalk, and handicapped accessible ramps; storm drain improvements; and landscaping at three key South Market Street intersections - Wyndham Lane, Ellis Street, and Grange Avenue. Mr. Starman said the funding is a combination of Community Development Block Grant (CDBG) and redevelopment tax increment monies. Mr. Starman indicated that before the Agency can pay all or part of the costs of any public improvement, the City Council must first make the following necessary findings: 1. That the public improvements are of primary benefit to the Market Street Redevelopment Project Area There are no other reasonable means of financing the improvements available to the community That the payment of funds for the improvements will assist in the elimination of one or more blighting conditions in the Project Area and is consistent with an adopted implementation plan. 2. 3. Staff believes the proposed South Market Street intersection improvements meet the criteria established by Health and Safety Code Sections 33445 and 33678; therefore, Mr. Starman recommended that the City Council adopt the attached resolution making the required findings. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer that Resolution No. 2000-140 be adopted, a Resolution of the City Council of the City of Redding approving the use of tax increment funds to install landscaping; curb, gutter and sidewalk; and storm drain improvements at three South Market Street intersections within the Market Street Redevelopment Project. Voting was as follows: Ayes: Noes: Absent: Abstain: Council Members: Council Members: Council Members: Council Members: Cibula, Kight, Pohlmeyer, and Anderson None McGeorge None Resolution No. 2000-140 is on file in the Office of the City Clerk 08/17/2000 170 REALIGNMENT AND WIDENING OF HILL TOP DRIVE - fronting NorCal EMS and Knighten (former Doc's property) developments (S-070-100) City Attorney Wingate recalled that in January 2000, the City entered into an agreement with NorCal EMS, including the acquisition of right-of-way for the widening of Hilltop Drive and the construction by NorCal EMS of certain improvements, including curb, gutter and sidewalk. The I actual widening of Hilltop Drive was to be deferred until funds for street paving could be obtained. Mr. Wingate said that the NorCal EMS construction project, along with the Knighten project, are now both nearing completion, and it has become apparent that substantial funds must be expended both by the City and by NorCal EMS to construct temporary drainage and temporary access improvements which would require reconstruction at the time of repaving the entire street width. In consideration for modification of the purchase price for the right-of-way improvements, NorCal EMS has agreed to pave Hilltop Drive, fronting their property within the new alignment to the center of the street. Relative to the Gary and Patsy Knighten development, Mr. Wingate said the City desires to acquire right-of-way for the widening and realignment of Hilltop Drive fronting their property. This would necessitate repaving Hilltop Drive to the center of the realigned street. In anticipation of the street widening, the Knightens designed their project to fit the new alignment. Mr. Wingate estimated the total acquisition project cost to the City to be $5,200. The City Attorney's Reports to City Council dated August 11, and 16, 2000, recommended that Council approve an acquisition and development agreement with Gary and Patsy Knighten and approve amendment of the acquisition and development agreement with NorCal EMS, to include paving to the center of the street. Mr. Wingate believed this was an excellent solution to both an engineering and traffic flow problem and would resolve any safety issues involved with not completing the paving and engineering issues relating to drainage. He said it would also resolve a I dispute which has existed concerning the impact of the street widening upon the Knighten's project. In addition, it would be a substantial aesthetic improvement to complement the attractive new buildings being constructed by NorCal and the Knightens. Mr. Wingate advised that today, both parties (NorCal EMS & Knighten) agreed to share one contractor to pave their respective portions of the street. Since the paving would be essentially part of their projects, it would eliminate the need for the City to go out to bid and, in turn, be more cost effective. Assistant City Manager Perry explained that the project amount for the developers to do the paving, which became available today, would be approximately $170,000 including construction contingencies and inspection fees. He indicated there are basically three choices for the Council to consider: 1) Proceed with the entire street improvements now before the winter rains; 2) Use a band- aid approach acknowledging it will require reconstruction at the time of repaving; and 3) Do nothing and figure out a way to prevent left turns. Mr. Perry said staff is only asking Council for conceptual approval to move forward at this time until project cost numbers are verified. He explained that the added expense of going out to bid and paying prevailing wages would escalate the project amount to upwards of $225,000 instead of $170,000. Mr. Perry added that the plan is to ultimately reimburse the developers for paving half the street fronting their respective properties. City Engineer Goodwin added that NorCal EMS planned to construct curb, gutter and sidewalk at their own cost in conjunction with the street paving due to the better timing. I In response to Council Member Pohlmeyer, City Attorney Wingate explained that traditionally, the City has accepted paving on a City street by a contractor as part of a development project and, in his view, this is a legitimate part of their project. 08/17/2000 I I I 171 Council Member Pohlmeyer questioned the likelihood of staff s recommendation being challenged in light of a pending lawsuit. City Attorney Wingate did not know because it was very common for developers to perform street improvements in front of their projects. City Attorney Wingate clarified that the City does not require developers to pay prevailing wages. He acknowledged that because the paving costs will be reimbursed to the developer, the argument that public funds are ultimately involved is a valid one. In addition, learning about the increased project cost today caused him some concern. Mayor Anderson indicated he is gleaning from the City Attorney that there may be a question about the propriety of proceeding in this fashion. Council Member Cibula expressed concern with the recommendation because he viewed it as an attempt to circumvent the payment of prevailing wages, of which he is not in favor. Assistant City Manager Perry stated that if the City goes out to bid, it would push the project into October and he was concerned about having a dirt road during the rainy season, inasmuch as there is heavy traffic in this area. While Council Member Pohlmeyer appreciated the urgency to proceed with the project due to the safety aspect, he wondered about the feasibility of putting in double lines until the spring. He felt the Hilltop Drive widening project should be done right utilizing the proper channels. At the recommendation of staff, the City Council tabled this matter and directed staff to review it further and bring it back for Council's consideration. CLOSED SESSION At the hour of 5 :36 p.m., Mayor Anderson announced that the City Council would adjourn to closed session to discuss the following: Closed session pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Redding v. URS Greiner Woodward-Clyde Consultants, Inc., et aI., Shasta County Superior Court Case No. 137656 (L-OlO) Mayor Anderson reconvened the meeting to regular session at the hour of 5 :45 p.m. He stated that no reportable action was taken. ( ADJOURNMENT There being no further business, at the hour of 5:45 p.m., Mayor Anderson declared the meeting adjourned. APPROVED: :d/eaL~ r&lyor ATTEST ~~. City Clerk 1 08/17/2000