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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1990-09-04 413 9/4/90 City Council, Regular Meeting Council Chambers Redding, California September 4, 1990 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Pastor Greg Tyree of the First Presbyterian Church. The meeting was called to order by Mayor Buffum with the following Council Members present: Arness, Fulton, Moss and Buffum. Council Member Dahl was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Electric Utility Director Lindley, Fire Chief Bailey, Director of Finance Downing, Director of Recreation and Parks Riley, Director of General Services Masingale, Assistant City Engineer Lang, Director of Personnel Services Bristow, Director of Information Systems Kelley, Senior Associate Planner King, Assistant City Clerk Strohmayer, and Secretary to the City Council Moscatello. RESOLUTION - Flying of American Flag (A-050-060-600) Mayor Buffum stated that the Veterans of Foreign Wars, Redding Post 7169, requested that the City Council ask the City of Redding's residents to fly their American flags during the month of September in honor of the young men and women defending our Country's principles in Saudi Arabia. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Resolution No. 90-440 be adopted, a resolution of the City Council of the City of Redding supporting the flying of American Flags in Redding during the month of September 1990 in recognition of American Forces defending our Country's principles in Saudi Arabia and surrounds. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 90-440 is on file in the office of the City Clerk. City Attorney Hays read Resolution No. 90-440 into the record. OLD CITY HALL FOUNTAIN (P-050-375) City Attorney Hays stated that Chuck McAllister, owner of McAllister Plumbing, donated parts and labor to improve the fountain at the Old City Hall. Mr. McAllister donated a brass spray ring, water pumps, lights and a timer. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to accept the donation of improvements to the fountain at the Old City Hall with thanks. The Vote: Unanimous Ayes CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: 414 9/4/90 Approval of Payroll and Accounts Payable Register (A-050-100-500) Recommend that Accounts Payable Register No. 04, check numbers 159827 through 160374 inclusive, in the amount of $4,127,407.43, be approved and paid, and Payroll Register No. 04, check numbers 301901 through 302652 inclusive, in the amount of $834,889.69, and Automatic Payroll Deposits in the amount of $197,560.80, for the period August 05, 1990, through August 18, 1990, be approved. TOTAL: $5,159,857.92 Resolution - Lease/Purchase of Reproduction Equipment (A-070-090) It is the recommendation of the Assistant City Manager that Resolution No. 90-441 be adopted, a resolution of the City Council of the City of Redding authorizing: (1) bypass of the formal bidding process; (2) the lease/purchase of Xerox equipment for a centralized reproduction program for City Hall departments; and (3) execution of the necessary documentation by the City Manager. One high-production copier will be leased for $2,019 per month for 60 months and six satellite machines will be leased for $1,521 per month for 36 months. Resolution - Agreement for Water Service to Lake Redding Golf Course (C-070-100 & W-030-750 & P-050-270) It is the recommendation of the Assistant City Manager that Resolution No. 90-442 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Lease of a 0.98-acre parcel adjacent to the Lake Redding Golf Course entered into between the City of Redding and Leah F. McConnell. The parcel will be leased for $10 per year. It is also recommended that Resolution No. 90-443 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the "Agreement for untreated water service to Lake Redding Golf Course" between the City of Redding and Leah F. McConnell. Payment for the service is $382 per month for electrical energy to power the pumps, $25 per month for maintenance of the pump and lines, and an annual water charge. The Agreement is proposed to run for ten years, providing the golf course is maintained as a golf course open to the public. Resolution - Funding Agreement with Shasta Cascade Wonderland Association, Inc. (B-130-030-700) It is the recommendation of the Director of Finance that Resolution No. 90-444 be adopted, a resolution of the City Council of the City of Redding approving the Funding Agreement between the City of Redding and the Shasta-Cascade Wonderland Association for advertising promotion for tourist travel in the Redding area in the amount of $40,000 during fiscal year 1990-91 and authorizing the City Manager to sign same. The term of the Agreement is July 1, 1990, through June 30, 1991. Resolution Setting Public Hearing - Abandonment Application A-7-90, by Paul Edgren (A-010) It is the recommendation of the Planning Director that Resolution No. 90-445 be adopted, a resolution of the City Council of the City of Redding declaring it intention to abandon 7,200 square feet of dedicated open-space area generally located west of Blazingwood Drive and north of Dawnridge Drive (A-7-90) and set a public hearing for October 2, 1990. 415 9/4/90 Set Public Hearing - General Plan Amendment Application GPA-11-88, by Stoney Ridge Partners (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 18, 1990, to consider GPA-11- 88, a request to reclassify property to "Office." Set Public Hearing - 1990 Community Development Block Grant Grantee Performance Report (G-100-030-034) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 18, 1990, to consider the 1990 Community Development Block Grant Grantee Performance Report. Annexation 90-12 - Quartz Hill/Keswick Dam Area II (A-150-234) It is the recommendation of the Planning Director that Annexation 90- 12, Quartz Hill/Keswick Dam Area II, be referred to Departments for review and comment, and to the Board of Administrative Review for an environmental determination. Set Public Hearing - Appeal of Tentative Subdivision Map S-27-90, Quartz Ridge Heights, by the State Department of Fish and Game (S-100-609-500) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 18, 1990, to consider the Appeal of Tentative Subdivision Map S-27-90. Old City Hall (C-050-500) It is the recommendation of the Planning Director to approve the addition of 90 feet of movable partitions to the art gallery in Old City Hall. The partitions were financed through a grant from the McConnell Foundation. It is also recommended that a proposed 15-square-foot monument sign to identify Old City hall as a theater and art gallery and to advertise upcoming events be approved. Award of Bid - Bid Schedule No. 2368, Single Phase Pole Type Distribution Transformers (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2368, single phase pole type distribution transformers, be awarded to the low bidder, Westinghouse Electric Supply Company, in the amount of $112,715.31. Funds for this purchase are included in the 1990/91 Capital Improvement Program as part of the 1989 Electric System Project Financing Program. Resolution - Eureka Way and Moore Road Substations (B-050-100 & E-090-140-260 & E-090-140-475) It is the recommendation of the Electric Utility Director that Resolution No. 90-446 be adopted, a resolution of the City Council of the City of Redding approving the purchase from Ilex Systems, Inc., of additional RTU equipment for the Moore Road Substation, and a remote terminal unit to integrate the Eureka Way Substation into the existing system control and data acquisition system in the amount of $14,999.69, pursuant to Redding Municipal Code Section 4.20.120 H.2., and authorizing the Mayor to sign all necessary documentation. Funds for this purchase are included in the 1989 Electric System Project Financing Program. 416 9/4/90 Resolution - Contract with Ralph Andersen & Associates (P-100-060) It is the recommendation of the Director of Personnel Services that Resolution No. 90-447 be adopted, a resolution of the City Council of the City of Redding approving the Professional Services Agreement with Ralph Andersen & Associates, for recruitment of an Assistant City Attorney in the amount of $12,500 plus expenses, and authorizing the Mayor to sign all necessary documentation. Funds for this contract are included in the 1990-91 budget. Police Department - Management Analyst Position (P-100-060-600) It is the recommendation of the Chief of Police that staff be authorized to fill the position of Management Analyst in the Police Department. Resolution - IBM Personal Computers (A-070-090) It is the recommendation of the Information Systems Director that Resolution No. 90-448 be adopted, a resolution of the City Council of the City of Redding approving the Installment Agreement dated August 6, 1990, in the amount of $37,964.26 between the City of Redding and International Business Machines Corporation, Reference Agreement No. G720172, Customer No. 7489602, for four PS/2 Model 70 Computers, and authorizing the City Manager to sign all necessary documentation. Funds are included in the 1990-91 budget for this purchase. Award of Bid - Bid Schedule No. 2375, Curbside Recycling Containers (B-050-100) It is the recommendation of the Director of General Services that Bid Schedule No. 2375, curbside recycling containers, be awarded to the second low bidder, Microphor, Inc., in the amount of $38,728.12. The low bidder did not meet the requirements of the specifications. Funds for this purchase are included in the 1990/91 budget. Resolution - Document Destruction (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 90-449 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain records. Resolution - Part-Time Clerk I Position - City Clerk * (B-130-070 & A-050-055) It is the recommendation of the City Clerk that Resolution No. 90-450 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 7th Amendment to the City Budget Resolution No. 90-362 appropriating $6,500 for reinstatement of authorization for a part-time Clerk I position, not to exceed 1,000 hours, in the City Clerk's office. Request to Sell Alcohol - Asphalt Cowboys (A-110-100) It is the recommendation of the Director of Recreation and Parks and the Recreation and Parks Commission to approve the request of the Asphalt Cowboys to sell beer and wine at the 7th Annual Barbecue in Lake Redding Park on September 9, 1990. Acceptance of Final Map - Ridgeview Subdivision, Unit 6 (South of Placer Street and east of Placer Hills Subdivision) (S-100-640) It is the recommendation of the Public Works Director that the Final Map for Ridgeview Subdivision, Unit 6, developed by Dempsey Construction Corporation, be approved, and the City Clerk file the map with the Shasta County Recorder. This is a two-parcel subdivision and 417 9/4/90 is being created in order to allow the owners to dispose of the property. Acceptance of Final Map - River Ridge Terrace, Unit 1 (South of Quartz Hill Road and east of Keswick Dam Road) (S-100-654-700) It is the recommendation of the Public Works Director that the Final Map for River Ridge Terrace, Unit 1, developed by River Ridge Terrace Associates, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Acceptance of Final Map - Quail Ridge Subdivision, Unit 4 (East of Canby Road and south of Churn Creek Road) (S-100-607) It is the recommendation of the Public Works Director that the Final Map for Quail Ridge Subdivision, Unit 4, developed by Lui & Cole Development Corporation, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Notice of Completion - Bid Schedule No. 2136, Sacramento River Trail Pedestrian Bridge (B-050-020 & P-050-640-700) It is the recommendation of the Public Works Director that Bid Schedule No. 2136 (Job No. 9773), awarded to Shasta Constructors, Inc., be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $689,295.11, with the potential exception of an outstanding claim in the amount of $17,870.35 submitted by the contractor. Acceptance of Improvements - The Vineyard Planned Development, Unit 1 (East of Churn Creek, south of Simpson College, and west of Shasta View Drive) (S-010-210-785) It is the recommendation of the Public Works Director that the Improvements in The Vineyard Planned Development, Unit 1, be accepted as satisfactory completed, and the City Clerk return the securities to the developer, Scottsdale Company. Award of Bid - Bid Schedule No. 2360, Sacramento River Trail, Phase 8 (B-050-020 & P-050-460-700) It is the recommendation of the Public Works Director that Bid Schedule No. 2360 (Job No. 9929), construction of the Sacramento River Trail, Phase 8, be awarded to the low bidder, Russ Howington, in the amount of $153,391, and that an additional $12,309 be approved to cover the cost of engineering and inspection fees and contract change orders. Funding for the trail extension is a $350,000 donation, of which $100,000 has been appropriated for the Sulphur Creek Bridge and $20,000 for archaeological mitigation measures, and $125,000 for Phase 9. It is also recommended that Council make the following findings regarding Bid Schedule No. 2360 (Environmental Determination ED-13- 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 July 3, 1990. Resolution - Wastewater Collection Inflow/Infiltration Project 418 9/4/90 * (B-130-070 & W-020-575) It is the recommendation of the Public Works Director that Resolution No. 90-451 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 8th Amendment to the City Budget Resolution No. 90-362 appropriating $45,000 for the Wastewater Collection Inflow/Infiltration Program. MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Resolution Numbers 90-441, 90-442, 90-443, 90-444, 90-445, 90-446, 90- 447, 90-448, 90-449, 90-450, and 90-451 are on file in the office of the City Clerk. - - - - - WRITTEN COMMUNICATIONS Letter from Board of Directors - Redding Museum and Art Center (A-050-175) A letter was received from Bill Evanhoe, Chairman of the Board of Directors of the Redding Museum and Art Center stating that the Board of Directors voted to request the City Council to approve a name change for the museum. The Board requests that the new name be the Redding Museum of Art and History. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to change the name of the Redding Museum and Art Center to the Redding Museum of Art and History. The Vote: Unanimous Ayes Letter from Eugene A. and Mary Dianne Ravizza (C-050-025 & C-070-010) A letter was received from Mr. and Mrs. Ravizza offering to lease/sell their building in the Redding Mall to the City of Redding for $.50 per square foot per month triple net for a period of 20 years at the end of which time, the City would own the building. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to acknowledge receipt of the letter from Eugene A. and Mary Dianne Ravizza offering to sell/lease their property in the Redding Mall. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re General Plan Amendment GPA-1-89, by Tony LaBella (west of Quartz Hill and east of Keswick Lake) (G-030-010) The hour of 7:00 P.M., having arrived, Mayor Buffum opened the continued public hearing regarding GPA-1-89. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Planning Department recommendation dated August 29, 1990 Planning and Community Development Director Perry recalled that the public hearing regarding GPA-1-89 was continued from the meeting of August 7, 1990, to give Council an opportunity to look at the area. Noting that Council Member Dahl was unable to attend tonight's 419 9/4/90 meeting, Mr. Perry conveyed that Council Member Dahl requested that the item be continued until the next meeting so that he may participate. It is the recommendation of staff that the public hearing be continued to September 18, 1990. Mayor Buffum determined that all the citizens at tonight's hearing will be able to attend the meeting of September 18, 1990, to hear this matter. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to continue the public hearing regarding General Plan Amendment Application GPA-1-89, by Tony LaBella, to September 18, 1990. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-13-90, by Charles Jewell (435 Beagle Lane and 2760 Bechelli Lane) (G-030-010) The hour of 7:00 P.M., having arrived, Mayor Buffum opened the public hearing regarding GPA-13-90. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated August 30, 1990 Assistant City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval to reclassify property from "Residential, 6.0 units per acre" to "Retail Commercial." Mr. Perry conveyed that Mr. Jewell's intent is to expand his retail business, "The Oak Tree." It is the recommendation of staff to approve the general plan amendment application, in concept, and staff will prepare a resolution to implement GPA-13-90. Mayor Buffum determined that there were no comments from the floor. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Council make the following findings regarding GPA-13-90: 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 July 3, 1990. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, to approve GPA-13-90 in concept, and direct staff to bring a resolution to Council for consideration at a later date. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-14-90, by Leon Waggoner (751 Twin View Boulevard) (L-010-230) 420 9/4/90 The hour of 7:00 P.M., having arrived, Mayor Buffum opened the public hearing regarding RZ-14-90. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated August 30, 1990 Assistant City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval to rezone property from "R-3- 15" Multiple Family Residential District to "C-3" Heavy Commercial and Light Industrial District with site-plan-review criteria. Mr. Perry indicated that the proposed zoning is consistent with the General Plan and surrounding land uses. It is the recommendation of staff to approve the rezoning application. Mayor Buffum determined that there were no comments from the floor. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Council make the following findings regarding Rezoning Application RZ-14-90: 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 July 18, 1990. The Vote: Unanimous Ayes Council Member Arness offered Ordinance No. 1938 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-14-90). ORDINANCE NO. 1932 - Rezoning Application RZ-13-90, by Dave Hankin and Hal Williams (2185 Terrace Street) (L-010-230) MOTION: Made by Council Member Arness, seconded by Council Member Moss, that the full reading of Ordinance No. 1932 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that Ordinance No. 1932 be adopted, 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-13-90). Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1932 is on file in the office of the City Clerk. ORDINANCE NO. 1933 - Density Bonus 421 9/4/90 (L-010-500-050) MOTION: Made by Council Member Arness, seconded by Council Member Moss, that the full reading of Ordinance No. 1933 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Ordinance No. 1933 be adopted, an ordinance of the City Council of the City of Redding amending Title 18, Zoning, of the Redding Municipal Code by adding Chapter 18.07, Density Bonus. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1933 is on file in the office of the City Clerk. ORDINANCE NO. 1934 - Utilities Customer Service (A-050-700 & U-500) MOTION: Made by Council Member Arness, seconded by Council Member Moss, that the full reading of Ordinance No. 1934 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Ordinance No. 1934 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 14.08.240 of Chapter 14.08, Water; and Chapter 14.20, Collection of Public Utility Accounts, by changing all reference to Director of Finance to Director of Utility Customer Service Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1934 is on file in the office of the City Clerk. ORDINANCE NO. 1936 - Taxicab Driver Fingerprinting Fee (L-070-200 & T-100-500-100) MOTION: Made by Council Member Arness, seconded by Council Member Moss, that the full reading of Ordinance No. 1936 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that Ordinance No. 1936 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 66.22.040 of Chapter 6.22, Peddlers, Solicitors, and Itinerant Vendors, pertaining to issuance of permits; and Section 6.32.220 of Chapter 6.32, Vehicles for Hire, pertaining to qualifications for Driver's Permit. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1936 is on file in the office of the City Clerk. ORDINANCE NO. 1937 - Transient Occupancy Tax (T-010-600) 422 9/4/90 MOTION: Made by Council Member Arness, seconded by Council Member Moss, that the full reading of Ordinance No. 1937 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Ordinance No. 1937 be adopted, an ordinance of the City Council of the City of Redding amending Section 4.12.140 of Title 4, Revenue and Finance, of the Redding Municipal Code pertaining to Transient Occupancy Tax. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1937 is on file in the office of the City Clerk. PROPOSITION 138, NEW FORESTRY INITIATIVE (A-050-060-600) City Attorney Hays conveyed that Council Member Dahl requested that Council consider and adopt a resolution presented by the Shasta Alliance for Resources and Environment (SHARE) supporting Proposition 138, the New Forestry Initiative. Council Member Arness expressed his concern about Council supporting one initiative over another. He pointed out that many initiatives are before the citizens of California for consideration and Council should not begin supporting initiatives. Council Member Fulton noted that Council does discuss pending legislation and goes on record to support or oppose legislation. However, he said Council should not support the resolution as represented at this time. Council Member Moss concurred with Council Members Arness and Fulton. He stated that if Council wants to put the City's name behind a proposition, a public hearing should be held to hear both sides of the issue. Mayor Buffum noted that during her time on Council, she has voted not to take political stands except when it affects the City directly. She asked Council if they would like to hold a public hearing on this matter. Council Member Moss stated that it could be placed on the next agenda. Council Member Arness questioned if Council would be setting a precedent, and he pointed out that considering both sides of this issue will be very lengthy. Council Member Fulton agreed and said it is better not to get involved. Mayor Buffum asked if Council objects to Council Members stating their position as an individual. Council Member Moss said that a Council Member can still speak as a private citizen, and he does not have a problem with that. However, if the City supports a position, both sides need to be heard. Mayor Buffum said it is a sad commentary on the times to have been reduced to initiative government. She said the question is if Council would like to hold a public hearing or speak as individual members. 423 9/4/90 Council Member Moss suggested that Council continue discussion relating to Proposition 138 to the Council meeting of September 18, 1990. Noting that Council Member Dahl requested the item be placed on the agenda, Council Member Moss noted that he may want to address this issue. It was the concurrence of Council to continue the matter of Proposition 138 to September 18, 1990. FIRE HALL NO. 3 - Request for Easement Across City Property (C-050-275-030 & A-070-045) Planning and Community Development Director Perry stated that Redding Veterinary Clinic, located at 4220 South Market Street, has requested a 12-foot-wide easement across City-owned land at Fire Hall No. 3. It is the opinion of the Fire Chief that the proposed easement is not needed for the operation of the Fire Hall. Staff believes that a long-term encumbrance of the property or selling off a 12-foot wide strip is not in the City's best interest. It is the recommendation of staff to grant an encroachment permit or lease subject to conditions outlined in the Report to City Council dated August 28, 1990. Mr. Perry noted that with these stipulations, the arrangement would not affect the City's property, create any reliance on the access, or cause a defacto interest in the City's property. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to authorize the City Attorney to prepare an encroachment permit or lease subject to the conditions outlined in the Report to Council dated August 28, 1990, with Redding Veterinary Clinic for access across City-owned land at Fire Hall No. 3. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-12-90 - Crown Estates, by J.F. Shea (S-l00-117) Council was advised that the Planning Commission has granted permission to subdivide 53.7 acres into 107 single-family residential lots, located south of Girvan Road at the terminus of Pit Road, described as Tentative Subdivision Map S-12-90, Crown Estates. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. TENTATIVE SUBDIVISION MAP S-25-90 - King James Estates, by Doug Smedley (S-l00-383) Council was advised that the Planning Commission has granted permission to subdivide 9.6 acres into 15 single-family residential lots, located south of Highway 299E and east of Churn Creek, described as Tentative Subdivision Map S-25-90, King James Estates. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. TENTATIVE SUBDIVISION MAP S-35-90 - Churn Creek Heights Subdivision, by Wallace James Baker (S-l00-084) Council was advised that the Planning Commission has granted permission to subdivide 15.1 acres into 52 single-family residential lots, located at the eastern terminus of Gordon Lane and Arizona Street west of the Churn Creek drainage, described as Tentative Subdivision Map S-35-90, Churn Creek Heights. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. 424 9/4/90 TENTATIVE SUBDIVISION MAP S-37-90 - Crystal Estates Subdivision, by Charles Jewell (S-l00-110) Council was advised that the Planning Commission has granted permission to subdivide 9.6 acres into 30 single-family residential lots, located at 6070 Oasis Road, described as Tentative Subdivision Map S-37-90, Crystal Estates Subdivision. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. LAFCO ANNEXATION POLICIES (A-150 & B-080-650-375) Planning and Community Development Director Perry reported that the Local Agency Formation Commission (LAFCO) determined that current policies are not sufficiently specific to adequately deal with the growth issues facing Shasta County and directed LAFCO staff to prepare draft policy revisions for consideration. The draft policies were submitted to Council for review, and Mr. Perry indicated that the draft was modeled after draft Sacramento LAFCO policies. It is the intention of staff to meet with Sacramento staff following their public hearing to discuss the policy issues in detail and obtain a copy of their Sphere of Influence Plan. He added that Shasta LAFCO will hold a policy workshop and public hearing on this matter. This was an information item, and no action was taken. PLANNING COMMISSION RECOMMENDATION - City Hall Site and Other Uses (C-050-025 & C-070-220) Planning and Community Development Director Perry reported that the Planning Commission recommended that the best location for a new City Administration Building is east of Akard Avenue. The Commission also stated that either Turtle Bay or Benton Ranch would be appropriate for museums as long as they do not utilize key recreation land next to the Sacramento River. Regarding a multipurpose facility, the Commission suggests that if the facility is for exhibits or dining for up to 2,000 people, then Turtle Bay is the preferred location. If the facility is to be a 9,000 to 10,000 seat arena, then the City should consider a separate site on North Market, Oasis Road, or Highway 44. This was an information item, and no action was taken. RESOLUTION - Miscellaneous Employees Benefits for Fire Management Personnel (P-100-050-100) Personnel Services Director Bristow stated that as a result of 1990 negotiations with City Firefighters, certain benefit changes were implemented resulting in a different level of benefits between the represented Firefighters and Unrepresented Fire management employees. Mr. Bristow reviewed the employee benefit changes pertaining to education incentives, holiday compensation, vacation accrual, and family sick leave and funeral leave. It is the recommendation of staff to implement the recommended personnel policies for Unrepresented Fire Management employees. MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that Resolution No. 90-452 be adopted, a resolution of the City Council of the City of Redding (1) rescinding Resolution No. 90-315 effective Midnight, September 3, 1990, and (2) establishing a new 425 9/4/90 Personnel Policy for Unrepresented Employees not covered by a Memorandum of Understanding effective September 4, 1990. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 90-452 is on file in the office of the City Clerk. ORDINANCE - Business License Fee Schedule (L-070-100) Assistant City Clerk Strohmayer recalled that Ordinance No. 1935, amending portions of the Municipal Code pertaining to Business fees was offered for first reading at the meeting of August 21, 1990. A number of questions and comments were received since the Ordinance was introduced and staff has reviewed each concern and changes have been made that are sufficiently substantive to require the Ordinance to be reintroduced. Ms. Strohmayer reviewed the changes. Noting that there are five convalescent hospitals in Redding, Council Member Fulton asked if the hospitals were notified of the amended ordinance. Ms. Strohmayer indicated that a letter was sent to the Shasta-Trinity County Medical Society. In response to Mayor Buffum's question, Assistant City Manager McMurry conveyed that the Request for Proposal process for consultants will be revised to require a consultant working in the City to be licensed. Mayor Buffum asked if the legal interpretations of Proposition 13 and 62 have changed. City Attorney Hays replied yes and explained that Council may now raise the business license tax without a vote of the people. Marie Whittaker, Executive Director of Board of Realtors, 804 Remor, said she is concerned about the how the ordinance is interpreted. She noted that the Internal Revenue Service (IRS) considers a real estate agent as an individual contractor; however, the agents consider themselves employees. She explained that a real estate agent's business is done under a broker and their compensation is received from the broker. Ms. Whittaker asked Council to address why each agent will be charged $90. Mr. McMurry explained that the business license fee program is a revenue generating process. Each individual agent is being required to purchase a business license; however, the City does not regulate, and the business license does not convey any privileges other than those already held by the agent. In response to Ms. Whittaker's question, Mr. Hays explained that the letter he wrote to Ms. Whittaker in January, 1990, related to the current ordinance. The proposed ordinance considers real estate agents individual contractors and will charge them an individual rate. Ms. Whittaker asked Council to consider maintaining the current formula which considers the agent an employee. She noted that insurance agents are not required to purchase a business license. Mr. Hays explained that the State prohibits the City from licensing insurance agents. 426 9/4/90 Ms. Strohmayer stated that the prevailing practice throughout the State is to charge real estate agents for a business license. Mike Bradyn stated that it is not fair to single out the real estate industry or portions of the business community and charge them money for a license. He noted that it is a misdemeanor not to buy a license. Council Member Moss pointed out that the business license fee schedule has not been changed since 1956. He noted that a Chico store with eleven employees pays less than a Redding store with 77 employees. Mayor Buffum conveyed that she had designers working for her for many years, and the IRS would not recognize them as independent contractors. Sharon Eaton, President of the Shasta County Board of Realtors, stated that she does not understand why real estate agents are being singled out. She reiterated that an agent cannot conduct business without a broker. She asked how Council can consider her to be more than an employee. Mr. Hays stated that persons working as real estate agents have a different tax status from employees. They are entitled to business deductions and similar things which an employee does not have. What is being suggested is the recognition of an individual who is being treated tax-wise as an independent businessman. Ms. Eaton stated that it does not make any difference how she pays her taxes because she still works under a broker. She recognized that the City has fallen behind with its business license fee program; however, charging agents an individual fee is not fair or the best option. Ginger Lane, 2295 Hilltop Drive, Banner Real Estate, noted that employees who do extra services independent from their regular duties, such as a high school coach who earns more than $600, receives a Tax Form 1099, the same as a real estate agent. Buck Buckman, Banner Real Estate, emphasized that a real estate agent cannot work without a broker. Mr. Buckman asked what cities are licensing real estate agents. Mr. Whittaker said she does not object to a real estate broker paying the business license fee. However, an employee should not be charged. Bob Lee, 2295 Hilltop, stated that the IRS tax laws have nothing to do with business license fees. He stated that if the fees are low, the City should raise them. Mr. McMurry explained that 51% of the cities in California are on a gross receipt system; however, Redding's business community objected to this system. The majority of the remaining cities have a law such as this. William Lundgren, Heavenly Hearth, asked who determines who is a professional. Mayor Buffum noted that testing and certification would determine a professional. Ms. Whittaker pointed out that a broker must carry Worker's Compensation on all of his agents. Mr. Hays added that the broker does not withhold any taxes. 427 9/4/90 Robert Curry, 2775 Teal Court, stated that he is not a member of the real estate community, nor does he have any relatives in the business. He stated that the broker has many responsibilities that an agent does not have, and to charge each individual real estate agent as much money as a broker is unfair. Mr. Hays conveyed that the broker is responsible for paying the fee for support staff; thus the broker would pay more than the agent. Council Member Arness indicated that the ordinance can be implemented, and if it does not work, Council can always come back and make changes. He indicated that he is ready to move forward with this item. Janet Leigh, 2295 Hilltop Drive, Banner Real Estate, suggested that the City raise the fee for additional employees as a means to generate more money. Council Member Moss asked what is involved when an agent moves from one broker to another. Ms. Leigh stated that she must file the necessary forms and withdraw her license from one broker and go to another broker, if they will hire her. Council Member Moss said that he believes that a real estate agent is a professional and should fall under the same general categorization as accountants, etc. Council Member Moss reintroduced Ordinance No. 1935 for first reading, an ordinance of the City Council of the City of Redding amending portions of Chapters 6.02 and 6.04 of the Redding Municipal Code pertaining to Business Licenses and License Fees. GOLF MARKET AND ECONOMIC FEASIBILITY STUDY and RESOLUTION APPROPRIATING FUNDS * (B-130-070 & P-050) Recreation and Parks Director Riley stated that golf has become the number one recreational activity in the United States. Mr. Riley reviewed the golf facilities in the Redding area and pointed out that there is not an 18-hole municipal golf course north of Chico. He reported that the Recreation and Parks Commission recommended that Park Development Funds be expended on a golf feasibility study to determine whether or not the Redding area can financially support a municipal golf course. Council Member Arness asked if the study will be site specific. Mr. Riley replied no. Noting that a municipal golf course will probably attract more than local golfers, Council Member Moss asked if the study will cover more than the Redding area. Mr. Riley replied yes. Mayor Buffum asked if the City would be competing with local golf courses. Mr. Riley explained that a municipal facility will encourage golfing activities, thus, private golf courses will benefit. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-453 be adopted, a resolution of the City Council of the City of Redding approving and adopting the Ninth Amendment to the City Budget Resolution No. 90-362 appropriating $13,000 for a Municipal Golf Course and Economic Feasibility Study. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Buffum Noes: Council Members - None 428 9/4/90 Absent: Council Members - Dahl Resolution No. 90-453 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Application (A-110-140) Grandview Market (Bonnie & Larry Nelson) 3504 Railroad Avenue ADJOURNMENT There being no further business, at the hour of 9:05 p.m., Mayor Buffum adjourned the meeting to 8:30 a.m., September 15, 1990, for a quarterly workshop at the Shasta House, 8750 Wonderland Boulevard. APPROVED: __________________________________ Mayor ATTEST: ___________________________________ City Clerk