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HomeMy WebLinkAboutMinutes - City Council - 2008-03-18 41 City Council, Regular Meeting City Council Chambers 777 Cypress A venue Redding, California March 18,2008, 7:00 p.m. The Pledge of Allegiance to the flag was lead by Council Member Jones. The Invocation was provided by Redding Police Chaplain Betty Harrison-Smith I The meeting was called to order by Mayor Stegall with the following Council Members Present: Dickerson, Jones, and Murray. Vice Mayor Bosetti was absent. Also present were City Manager Starman, Assistant City Manager/Transportation and Engineering Director Tippin, City Attorney Duvernay, Police Chief Moty, Electric Utility Director Feider, Development Services Director Hamilton, Support Services Director Kersten, Assistant City Engineer McClain, Electric Utilities Manager Keener, City Clerk Strohmayer, and Assistant City Clerk Sherman. PUBLIC COMMENT (S-020-550) Fran Jenkins, Redding resident, requested that the Municipal Utilities Department provide receptacles at various drop off areas throughout Redding for collection and appropriate disposal of used light bulbs. I (P-I00-050) Ian Arnold, representing Service Employees International Union (SEIU), provided a brief summary of ongoing labor negotiations between the CitY' and SEIU and encouraged continued amicable negotiations for contract resolution. He emphasized the importance of retaining qualified employees and urged Council review of alleged labor issues with Electric Utility Customer Service Representatives. Mr. Arnold submitted a document containing the signatures of many SEIU members to the City Clerk entitled, "City of Redding Customer Service Bill of Rights." PRESENTATION - Redding Housing Authority (H-150) Mayor Stegall presented a City of Redding Clock to Leslie Bosse in appreciation and acknowledgment of her service as resident member of the Redding Housing Authority from December 2005 to February 2008. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar. Approval of Minutes - Special Meeting of January 28, 2008, Regular and Special Meetings of March 4, 2008 I Approval of Payroll and accounts Payable Register (A-050-100-500) . It is recommended that Accounts Payable Register No. 17, check numbers 860545 through 861002 inclusive, in the amount of$4,280,565.39, for the period of March 1,2008, through March 14,2008; and Payroll Register No. 18 electronic deposit transaction numbers 226218 through 227071 and check numbers 536077 through 539566 inclusive, in the amount of $2,435,158.38, for the period of February 24,2008, through March 8, 2008 be approved. TOTAL: $ 6,715,723.77 Resolution - Rescinding City Council Policy No. 805 - Economic Development/Personal Property Tax Rebate for Qualified Manufacturing Property (A-050-060-555) It is the recommendation of the Economic Development Director that the City Council adopt Resolution No. 2008-25, a resolution ofthe City Council of the City of Redding rescinding Council Policy 805, "Economic Development/Personal Property Tax Rebate for Qualified Manufacturing Property" because the property tax rebate program ended Janu~ 1, 2000, 3/1812008 42 and has not been reinstated. Lease Agreement Renewal- Redding Rodeo Association (C-141) (C-070-100 & C-050-560) It is the recommendation of the Support Services Director that the City Council approve an amendment to the ground lease with the Redding Rodeo Association (RRA) extending the term of the lease for three years with two one-year extensions beginning August 1,2008. Award of Bid - Bid Schedule No. 4106 (Job No. 2288), traffic signal installation at Buenaventura Boulevard and Canyon Creek Road (B-050-0201 & T-080-700) It is the recommendation of the Transportation and Engineering Director that the City Council approve the award of Bid Schedule 4106 (Job No. 2288), Traffic Signal Installation at the Intersection of Buenaventura Boulevard and Canyon Creek Road to H&H Electric in the amount of$277,940, and that an additional $55,000 be approved for administration and inspections fees, and an additional $28,000 be approved for a construction contingency fund. Total bid amount of $360,940. I Contingency Funds - Bid Schedule No. 4080 (Job No. 2297),2007 Sidewalk Repair Project (B-050-020 & S-070-285) It is the recommendation of the Transportation and Engineering Director that the City Council approve additional funding for the 2007 Sidewalk Repair Project (Bid Schedule No. 4080, Job No. 2297) with Frank Medina to replace broken sidewalk and curb at 1730 Yuba Street to improve pedestrian safety in the amount of $50,000. Award of Bid - Bid Schedule No. 4109 (Job No. 9545), T-hangar and jet pod at Redding Municipal Airport (B-050-020 & A-090-1 00) It is the recommendation of the Transportation and Engineering Director that the City Council award Bid Schedule No. 4109 (Job No. 9545), T-Hangar and Jet Pod at Redding Municipal Airport to Grivette Construction in the amount of$663 ,500, and that an additional $72,000 be approved to cover contract administration and construction inspection fees, and an additional $66,500 be approved for a construction contingency fund. Total bid amount of $842,000. I Assignment and Assumption Agreement - Action Security, Inc., and Action Parking Services, Inc., paid parking facility at Redding Municipal Airport (A-090-100) It is the recommendation of the Transportation and Engineering Director that the City Council approve the Assignment and Assumption Agreement between Action Security, Inc., and Action Parking Services, Inc. to allow the assignment and assumption of all terms, covenants, and conditions of the Management Agreement of the Redding Municipal Airport paid parking facility to Action Parking Services, Inc. Lease Amendment - Hawes River Acres (C-070-100 & A-090-100) It is the recommendation of the Transportation and Engineering Director that the City Council approve the second amendment to Lease Agreement with Hawes River Acres to expand (by 55 acres) the area designated for growing agricultural crops on Redding Municipal Airport property for three months beginning April 1, 2008, through June 30, 2008, in the amount of$111.09, with a 2% increase to $8.24 per acre per year. MOTION: Made by Council Member Jones, seconded by Council Member Dickerson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended above. The Vote: AYES: Council Members - Dickerson, Jones, Murray, and Stegall NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Bosetti I Resolution No. 2008-25 is on file in the Office of the City Clerk APPOINTMENTS - Ad-hoc Committee, Levenson Development Company proposal for 3/18/2008 43 financing Oasis Road Area infrastructure (G-030-110 & L-01O-100-550) Mayor Stegall recommended creation of an ad-hoc committee, comprised ofherself and Vice Mayor Bosetti, to work with staff and representatives of Levenson Development Company (LDC) on a financing plan for the necessary infrastructure in the Oasis Road Specific Plan area. I Council Member Murray did not support appointing an ad hoc committee, believing the entire City Council should consider this issue ifthat was the Council's desire. However, he pointed out that prior subcommittees have worked with Levenson Development on infrastructure financing for the Oasis Road area over the past ten years, and costs have skyrocketed during that time to $100 million (more than private development can address). Mr. Murray observed that significant cuts have been implemented in the City's budget to finance a new police facility in the face of a weak economy, and the City simply does not have funds to contribute to this development at this time. Council discussed the pros and cons of the open meeting forum to address infrastructure financing issues with Levenson Development relative to the Oasis Road area, but concurred that area property owners should work in cooperation to develop a financing plan that will benefit the entire area. Council also acknowledged that while other financing mechanisms may be available, the City is not in a position to offer financial assistance at this time. .. Gary Cadd, Redding resident, did not support an ad-hoc committee believing that "transparency in government" dictates that the City Council, as a whole, should negotiate with Levenson. However, he acknowledged that the City has other priorities and inadequate funding for such a major capital project. It was the consensus of the City Council to take no action on this item, but allow staff to continue to work on the issue. I COOPERATIVE PLANNING AND TAX-SHARING AGREEMENT - Update (T-010-650 & T-010-700) City Manager Starman recalled that the City and the County of Shasta (County) have been discussing a potential Cooperative Planning and Tax -Sharing Agreement since March 2007. While discussions have been amicable and productive, he said both sides agree that this issue should be tabled due to the weak economy's impact on local budgets. Mr. Starman added that the group also agreed to continue to discuss a revised land use plan for the area surrounding Redding Municipal Airport, plans for new trails in the City and County and also to continue to review and discuss the impact fee information provided by County consultant, MuniFinancial. Mr. Starman stated his understanding that Shasta County will hold a workshop regarding this topic on April 1, 2008. City Manager Starman recommended that the City Council accept the status report. Kent Dagg, Shasta Builder's Exchange, related that the Shasta County Board of Supervisors (BOS) will be voting on a proposed City/County impact fee increase on April 1, 2008. He said that the construction industry has been heavily impacted by the sluggish economy, and he urged the City Council to defer action on an impact fee increase; or, at a minimum, schedule public hearings so that the community can provide input. I In response to Council Member Murray, City Manager Starman explained that the BOS agreed in 2006 to discuss impact fee issues after hiring and receiving a report from Consultant, MuniFinancial. However, he said any action the City Council takes (or does not take) at this time is academic unless the BOS moves forward. Mary Machado, Shasta Voices, alleged that the City and County are considering increasing impact fees without benefit of public review and comment. She contended that the new impact fee was invented to fill a void when tax sharing negotiations between the City and County were unsuccessful. Ms. Machado further claimed that staff from both agencies were in collusion to develop an impact fee that the Council would be required to vote for or against. She urged the City Council not to accept the Status Report. Council Members Murray and Dickerson emphasized that the issue before the City Council is a Status Report recommending continued discussions and review on matters of mutual importance to the City and County. They maintained that the assumptions and suppositions 3/18/2008 44 made by Ms. Machado and Shasta Voices were inaccurate and unsupported, that there is no proposal or plan before the City Council for consideration, and that staff is working in cooperation with County staff at Council's direction. In response to Council Member Jones, Mayor Stegall said that while many issues, including impact fees, were discussed during the sub-committee meetings, there was no specific discussion regarding impact fees. MOTION: Made by Council Member Murray, seconded by Council Member Dickerson, accepting the Cooperative Planning and Tax-Sharing Agreement Status Report. The Vote: A YES: Council Members - Dickerson, Murray, and Stegall NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - Bosetti I UPDATE ON MAJOR PROJECTS/PROGRAMS - Annual Services and Energy Fair (A-050-080 & A-050-125) Electric Utility Manager Keener provided a brief background on the City's annual Services and Energy Fair commenting that it has become a well-recognized event both locally and statewide. Since the Fair's inception in 2001, City Hall has served as its setting. However, Mr. Keener observed that because the Fair has grown in size and popularity, a new location was sought to provide additional room for booths and demonstrations as well as the public. He said that it was decided to hold the 2008 Services and Energy Fair June 2, 2008, during the Summer Solstice, at the Sundial Bridge. Mr. Keener commented that staff is excited to present the fair at this beautiful new location and looks forward to a successful event. No action was required on this informational item. REDDING TOURISM MARKETING BUSINESS IMPROVEMENT DISTRICT Proposed Formation and setting of Public Hearing (A-170-015-004) Support Services Director Kersten recalled that in October 2006, the Redding Hotel/Motel Association (RHMA) proposed to form a citywide Tourism Business Improvement District (TMBID) funded by a 1 % lodging assessment. He said that after the six largest revenue- generating property holders voted to move forward with the project, the City Council conceptually approved development of a TMBID in 2007. I Mr. Kersten explained that the Redding Convention and Visitors Bureau (CVB) receives 50% of the transient Occupancy Tax (TOT) to help fund activities at the Convention Center and the Visitors Bureau with the remaining 50% going the City's General Fund. Over the past eight years, he said a larger proportion of the TOT has gone to support the Convention Center leaving less available for tourism promotion and marketing. He related that the proposed TMBID could generate approximately $400,000 per year to be used for marketing and advertising. Mr. Kersten said that the hoteliers have also expressed a willingness to develop a $1 00,000 hotel assessment program, to be matched by an additional $100,000 from the City, to create a total marketing and promotions budget of approximately $771,000. These advertising monies would be managed by a Board of Directors comprised of hoteliers, with annual marketing plan development the responsibility ofthe CVB. Mr. Kersten added that the City's Tourism Officer would serve as ex-officio member of the Board. Mr. Kersten recommended that the City Council authorize staff to proceed with noticing and setting a public meeting and public hearing to consider establishment of the Tourism Marketing Business Improvement District (TMBID). Council Member Murray requested that reference to the nominal compensation increase for the Tourism Officer in recognition of increased duties be eliminated. I MOTION: Made by Council Member Murray, seconded by Council Member Jones, authorizing staff to notice and set a public meeting and a public hearing to consider establishment of the Tourism Marketing Business. Improvement District, and deleting reference to using a portion ofthe administrative fee to provide a compensation increase for the Tourism Officer. The Vote: Unanimous Ayes. CODE ENFORCEMENT PROCESS - Properties in Foreclosure 3/18/2008 45 I (C-ll 0-1 00-400) Development Services Director Hamilton provided a Power Point presentation regarding blighted properties in Redding and the effect that increasing foreclosure numbers are having on the Code Enforcement Section's ability to address these conditions. He acknowledged that while foreclosure properties represent a small number of the overall blighted property statistics (most are simply the result of residents consistently maintaining their property in very poor conditions), they do add to the workload and heightened enforcement measures may be necessary. He explained that when a property owner is unable to make the mortgage payments, the bank begins foreclosure proceedings, and the property owner often abandons the property leaving behind trash and less-than-desirable conditions inside and outside the property. Many of these properties become neighborhood eyesores, decreasing property values, and (in some cases) represent significant health and safety concerns. Mr. Hamilton related that local lending institutions are more responsive to local foreclosures, but some out- of-state lenders have little regard for these issues and blighted conditions linger. He said that while Legislation has been considered to require lenders to register with the local jurisdiction and provide contact information, no concrete action has occurred. Mr. Hamilton related that over the past several years, the City has revised the administrative citation process and created the Administrative Hearings Board which can assess fines of up to $2,500 per day to address blight and other issues. However, he suggested that Council may wish to streamline the enforcement process or adopt an ordinance requiring responsible financial institutions to register with the local jurisdiction when entering foreclosure proceedings. Mr. Hamilton recommended that the City Council accept the staff report and provide additional direction to staff regarding the code enforcement process relative to maintenance of foreclosed properties. I Real Estate Agents Kelly Parker, Randy Byrd and Curt Largent opposed fines for blighted conditions on bank-foreclosed properties. They explained that banks move quickly to clear blighted conditions on foreclosures but cannot enter the property until the foreclosure process is complete which can take up to six months. They said that many blight conditions take place when the property owner leaves following foreclosure, but can exist during the entire time the property is owner-occupied. They explained that individuals at risk oflosing their home because they cannot afford to make the mortgage payment, will also not pay fines assessed, and placing liens on those properties for unpaid fines, makes them less attractive for purchase and rehabilitation. They contended that the problem of foreclosure blight is minimal in Redding and that the City should not be involved in micro-managing private property because sufficient regulation currently exists to address the problem. MOTION: Made by Council Member Dickerson, seconded by Council Member Murray, accepting the report regarding Code Enforcement Activity on Foreclosed Properties; directed staff to actively monitor problems as they arise and review issues as necessary; send a letter to Senator Feinstein regarding legislation requiring out-of-state lenders to be responsible for upkeep on local foreclosed properties, and directed staff to provide additional information for Council discussion and consideration. The Vote Unanimous Ayes. I TECHNICAL SERVICES CONTRACTS - EmeraChem Power LLC, and Express Integrated Technologies LLC, for Redding Power Plant Unit No.6; and AWARD OF BID - Bid Schedule No. 4122, furnishing and delivery of generator step-up transformer; and RESOLUTION - Appropriating additional bond proceeds for construction of the combustion turbine generator system (E-120-150-676/^B-050-100/^B-130-070) Electric Utility Director Feider recalled that on June 19,2007, the City council authorized construction of Redding Power Plan Unit 6 (Unit 6), procurement of the design services and equipment required and provided authorization to negotiate two critical single vendor items; the turbine/generator power island and the EMx (previously known as SCONOx) emissions control system. He reported that REU has proceeded with the turbine/generator procurement, the award of design services and completed preliminary procurement activities for the EMx System, the heat recovery steam generator (HRSG), and the Transformer. Mr. Feider related that EmeraChem will furnish the EMx system equipment assembly and 3/18/2008 46 provide factory support in the amount of$9,961,712 (excluding sales tax of approximately $600,000) based on the daily market price of platinum, palladium and rhodium, and will adjust rate changes between now and the effective date of the contract. Mr. Feider believed, however, that the contract should not exceed $10.5 million. It is proposed that Express Integrated Technologies LLC will furnish and deliver the HRSG equipment assembly and provide factory support, field erection and plant commissioning for a contract amount of $5,437,000 not including $560,000 in sales tax. He said the final component for Unit 6 is the generator step-up transformer and the low evaluated bid was received from Kuhlman Electric Corporation for $989,688.99 including spare parts and sales tax. Mr. Feider explained that while the City Council authorized a not-to-exceed amount for Unit 6 construction of$64.5 million, the volatility in precious metals, which make up approximately 40% of the EMx System equipment, have escalated 44% and is the most significant factor driving the need for increasing the Unit 6 budget from $64.5 million to $69 million. I Mr. F eider recommended that the City Council approve the contract with EmeraChem Power to furnish the EMx Emissions Control System, 2) approve the contract with Express Integrated Technologies for the HRSG and related technical service, 3) award Bid Schedule No. 4122 to Kuhlman Electric Corporation to furnisha50MV A, l15/B.8kV generator step- up transformer, and 4) adopt the budget resolution increasing the budget appropriation for Unit 6 by $4.5 million. MOTION: Made by Council Member Murray, seconded by Council Member Jones approving the contract with EmeraChem Power LLC to furnish and deliver an EMx Emissions Control System for Redding Power Plant Unit 6 in a total amount of$ll, 1 00,000, and authorizing the City Manager to approve change orders not-to-exceed $200,000; approving contract with Express Integrated Technologies LLC to furnish and deliver a Heat Recovery Steam Generator for Unit 6 in the amount of $6,034,000 and authorize the City Manager to approve change orders not-to-exceed $200,000; awarding Bid Schedule No. 4122, Furnishing and Delivery of a Generator Step-Up Transformer, to Kuhlman Electric Corporation in the amount of $989,688.99; and adopting Resolution No. 2008-26, a resolution of the City Council of the City of Redding, appropriating an additional $4,500,000 (from $64.5 million to $69 million) for construction of a combustion turbine generator and heat recovery steam generator system and ancillary facilities at the Redding Power Plant Unit 6 for fiscal year 2007-08. The Vote: AYES: Council Members - Dickerson, Jones, Murray, and Stegall NOES:. Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Bosetti I Resolution No. 2008-26 is on file in the Office of the City Clerk. JOINT MEETING OF THE CITY COUNCIL AND THE REDDING CAPITAL SERVICES CORPORATION TO CONSIDER THE FOLLOWING ITEM: At the hour of 9:27 p.m., President Stegall convened the Special Meeting of the Redding Capital Services Corporation for a joint meeting with the City Council. RESOLUTION - Approving the form and authorizing the execution of a 2008 Installment Sale Agreement and related documents and actions in connection with Electric System Revenue Certificates of Participation, 2008 Series A, to finance the Redding Power Plant Unit 6 Project; and refinancing the 2002 Electric System Project (D-050-250/E-120-150-676/^R-012) Electric Utility Director Feider recalled that on June 19, 2007, the City Council authorized the financing team to develop a financing plan for construction of Redding Power Plant Unit 6, and a refinancing plan for existing series 2002 Cl and C2 Auction Rate Securities and refunding Series 2002A Bonds for interest rate savings. He said that financing for Unit 6 will be facilitated via an Installment Sales Agreement between the City of Redding and the Redding Capital Services Corporation and other documents as defined in the attached resolution which sets an aggregate principal financing amount not-to-exceed $185 million. Mr. F eider related that the present interest rates continue to be favorable relative to historical levels and the proposed financial actions will fully fund Unit 6, permanently eliminate the Auction Rate Securities (ARS) market issues, and refund the 2002 bonds for saving. I Mr. F eider recommended that the City Council adopt the resolution approving the form and 3/1812008 47 authorizing execution of all documents necessary to finance Redding Power Plant's Unit 6, refinance existing Series 2002 Cl and C2 ARS with fixed-rate bonds, and refinance 2002A bonds for cash flow savings to provide funding for construction of Unit 6 and reimbursement of Electric Utility funds already paid for Unit 6. I MOTION: Made by Council Member Murray, seconded by Council Member Jones adopting Resolution No. 2008-27, a resolution of the City Council of the City of Redding authorizing execution of a 2008 Installment Sale Agreement, a Trust Agreement, a Certificate Purchase Contract, a Continuing Disclosure Agreement, an Official Statement and an Escrow Agreement, and approving the distribution of a Preliminary Official Statement authorizing the procurement of a Municipal Bond Insurance Policy and other actions in connection with Electric System Revenue Certificates of Participation, 2008 Series A. The Vote: AYES: Council Members - Dickerson, Jones, Murray, and Stegall NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Bosetti Resolution No. 2008-27, is on file in the Office ofthe City Clerk MOTION: Made by Board Member Murray, seconded by Board Member Jones adopting Resolution No. 08-01, a resolution of the of the Board of the Redding Capital Services Corporation (Corporation) approving the form and authorizing the execution and delivery of a 2008 Installment Sale Agreement and Trust Agreement and related actions necessary for the City of Redding to proceed with proposed Electric Financing; and authorizing execution by the President, Vice President or Treasurer of the Corporation. The Vote: AYES: Board Members - Dickerson, Jones, Murray, and Stegall NOES: Board Members - None ABSTAIN: Board Members - None ABSENT: Board Members - Bosetti I Resolution No. 08-01 is on file in the Office of the City Clerk and Secretary to the Redding Capital Services Corporation. At the hour of9:41, President Stegall adjourned the Special Meeting ofthe Redding Capital Services Corporation. I URGENCY ORDINANCE - Amending Redding Municipal Code Chapter 10.26 - Sacramento River Area Regulations, and adding Section 10.26.065, related to emergency rules in effect during Cypress Bridge reconstruction activities R-200-600 & S-070-050-050) City Engineer McClain recalled that at its meeting of March 18, 2008, the City Council empaneled the ad-hoc Boat Passage Advisory Committee charging it to study the broad spectrum of safety concerns and issues surrounding river passage beneath the under- construction Cypress Avenue Bridge Reconstruction Project (Project) and bring back a recommendation to the City Council. Mr. McClain said the committee discussed various alternatives for regulating boat traffic, possible ingress and egress points along the river and enhanced notification and signing strategies. He said that based on Committee recommendations, an urgency ordinance was developed defining a construction zone of 1 00 yards upstream and 50 yards downstream of the Project with four temporary regulations as follows: 1. Prohibit boating through the construction zone when river flows exceed 10,000 cubic feet per second (cfs). 2. Limit passage through the construction zone to motorboats, kayaks, rowboats, drift boats, and rafts or pontoon boats outfitted with motors of fixed-oar locks arid two fixed oars. 3. Require all persons to wear personal flotation devices when passing through the construction zone. 4. Prohibit boating through the construction zone between one hour after sundown and one hour before sunrise. In addition, Mr. McClain said that prohibited vessels include sailboats, canoes, inner tubes, air mattresses, sailboards and "toy" flotation devices used as swimming aids. The ordinance also requires installation of ~dvisory signs at public boat-launching facilities between South Bonnyview and the Posse Grounds. He added that while staff is working with The 3/18/2008 48 McConnell Foundation to obtain permission to use Kutras Lake boat ramp as a point of ingress/egress, reopening the launch site off Henderson Road, as suggested by the Committee, could involve significant environmental studies and regulatory permitting. Mr. McClain recommended that the City Council waive the first reading, introduce and adopt the urgency ordinance adding Redding Municipal Code Section 10.26.065, related to emergency rules in effect during Cypress Avenue Bridge reconstruction activities regulating recreational boating until Project completion. John Reese, urged the City Council to close the river 100 yards above and 50 yards below the Project regardless of river flow to prevent a tragedy waiting to happen. Shasta County Under Sheriff Wrigley urged the City Council to close that section of the Sacramento River under the Project, until such time as the Project is complete. I Shasta County Sheriffs Captain Dean described the various types of rescues performed during river rescue emergencie~. He related that these types of operations are inherently dangerous even though Sheriff dive teams and river boat teams perform mock operations and train rigorously. He believed that passage below the Project is extremely hazardous and urged the City Council to temporarily close that section of the river until the Project is completed. Michael Caranci, Boat Passage Advisory Committee Member, explained that the Committee studied these issues in depth and that the Committee was comprised of individuals knowledgeable in boating safety and the river environment. He supported adoption of the recommended urgency ordinance and urged the Council to allow the river to remain open under the conditions specified in the draft ordinance. City Attorney Duvernay emphasized that there is no exposure to the City of Redding with regard to an accident occurring under the Project area due to design immunity and because these types of recreational activities are inherently hazardous.. MOTION: Made by Council Member Murray, seconded by Council Member Dickerson, approving amendments to Redding Municipal Code Title 10 (Public Peace, Morals and Welfare), Chapter 10.26 (Sacramento River Area Regulations), adding section 10.26.065, related to emergency rules in effect during Cypress Avenue Bridge Reconstruction Project, but substituting language in Section 1, paragraph AI, reducing "10,000 cubic feet per second," to 7.000 cubic feet per second and substituting language in Section 1, paragraph A2, reducing "10,000 cubic feet per second," to 7.000 cubic feet per second and reducing hours of operation from "one hour prior to sunrise," to one-half hour prior to sunrise, and "one hour past sunset," to one-half hour past sunset; and that the ordinance be subject to ongoing review and modification as necessary; and directing staff to return to Council within six months for said review. The Vote: Unanimous Ayes I MOTION: Made by Council Member Murray, seconded by Council Member Jones adopting Ordinance No. 2404, an urgency ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 10 (Public Peace, Morals and Welfare), Chapter 10.26 (Sacramento River Area Regulations), adding section 10.26.065, related to emergency rules in effect during Cypress A venue Bridge Reconstruction Project. The Vote: AYES: Council Members - Dickerson, Jones. Murray, and Stegall NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - Bosetti MOTION: Made by Council Member Murray, seconded by Council Member Dickerson, that the full reading of Ordinance No. 2404 be waived, and that the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes. I Ordinance No. 2404 is on file in the Office of the City Clerk. 3/18/2008 49 ADJOURNMENT There being no further business, at the hour of 10:38 p.m., Mayor Stegall declared the meeting adjourned. APPROVED I ~~)eM) ~~ ayor ATTEST: ~.b~4 City Clerk ' 1 . I I 3/1812008