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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-02-051 2/5/91 City Council, Regular Meeting Council Chambers Redding, California February 5, 1991 7:25 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Captain James Baker of the Salvation Army. The meeting was called to order by Mayor Buffum with the following Council Members present: Arness, Dahl, Fulton, Moss, and Buffum. Also present were Assistant City Manager McMurry, City Attorney Hays, Director of Public Works Galusha, Planning and Community Development Director Perry, Fire Chief Bailey, Director of Finance Downing, Assistant City Engineer Aasen, Director of General Services Masingale, Electric Utility Field Foreman Smith, Police Lieutenant Byard, Associate Civil Engineer Russell, Director of Information Systems Kelley, Housing Manager Maurer, Associate Planner Morgon, Risk Manager Mlinarcik, Housing Supervisor Garrity, Assistant Director of General Services Kohn, Transportation Coordinator Duryee, Assistant City Clerk Strohmayer, Management Analyst Sciarra, Management Analyst Anderson, City Clerk Nichols, and Secretary to the City Council Moscatello. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special Meeting of December 17, 1990 Regular Meeting of January 2, 1991 Adjourned Regular Meeting of January 8, 1991 Regular Meeting of January 15, 1991 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 14, check numbers 164693 through 165505 inclusive, in the amount of $5,753,631.40, be approved and paid, and Payroll Register No. 15, check numbers 310113 through 310839 inclusive, in the amount of $780,889.89, and Automatic Payroll Deposits in the amount of $195,212.67, for the period January 06, 1991, through January 19, 1991, be approved. TOTAL: $6,729,733.96 Resolution - Women's Refuge Lease Agreement (C-070-100 & B-130-070) It is the recommendation of the Planning Director that Resolution No. 91-58 be adopted, a resolution of the City Council of the City of Redding approving the Diestelhorst Landing Office Park land and building Lease Agreement entered into between the City of Redding and Shasta County Women's Refuge, and authorizing the Mayor to sign same. The term of the lease is for twenty-five years commencing on the date an occupancy permit is issued for the building. Set Public Hearing - re Rezoning Application RZ-20-90, by Azi Barzin (1550 Collyer Drive) (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., February 19, 1991, to consider Rezoning Application RZ-20-90, a request to rezone property from "R1-B10" Single Family Residential District and "R2-B10" Duplex Residential District to "U" Unclassified District. Sacramento River - Amendment to Encroachment Permit for Gravel Enhancement (A-070-045 & W-030-550-700) It is the recommendation of the Planning Director to approve an amendment to the encroachment permit between the City of Redding and the Department of Water Resources to allow stockpiling an additional 8,000 cubic yards at the Salt Creek site on the Sacramento River until October 31, 1991, subject to the previously imposed conditions and subject to the stipulation that the gravel hauling be completed by February 28, 1991. 2 2/5/91 Resolution - Museum Design Contract; and Resolution - Budget Appropriation (C-050-450 & B-130-070) It is the recommendation of the Planning Director that Resolution No. 91-59 be adopted, a resolution of the City Council of the City of Redding approving the Agreement for Museum conceptual design work between the City of Redding, Alliance of Redding Museums, and GHA Architects, PC, in the amount of $513,600, and authorizing the Mayor to sign same. General funds in the amount of $295,950 will be used and then reimbursed by a State grant awarded specifically for Museum design and development. The State grant funds are in the amount of $364,450, of which $20,000 is contributed to the Riverfront Master Plan Design and $48,500 for site development. The Alliance of Redding Museums will meet the remainder of the contract obligation. It is also recommended that Resolution No. 91-60 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 32nd Amendment to the City Budget Resolution No. 90-362 appropriating $295,950 for conceptual design of the Museum Complex. Resolution - Shasta County Arts Council (B-130-030 & C-070-100 & C-050-500) It is the recommendation of the Community Services Director that Resolution No. 91-61 be adopted, a resolution of the City Council of the City of Redding approving the Funding Agreement in the amount of $10,350 and Lease Agreement between the City of Redding and the Shasta County Arts Council for Old City Hall, and authorizing the Mayor to sign same. The Agreements are for a six month period, beginning January 1, 1991, through June 30, 1991, at which time an annual agreement will be drawn to coincide with the fiscal years of both parties. Police Interagency Radio Channel - Drug Assets Seizure Funds (P-150-150) It is the recommendation of the Chief of Police to authorize the use of drug asset seizure money in the amount of $15,320 to purchase equipment for and operate an interagency radio channel. The channel would be administered jointly by the City of Redding Police Department, Shasta County Sheriff's Office, City of Anderson Police Department, and the Shasta County Marshal's Office. The other agencies will reimburse the Redding Police Department in the amount of $3,830 each. Shasta County Household Hazardous Waste - Grant Application (P-150-050-500 & S-050-375) It is the recommendation of the General Services Director to support Shasta County Environmental Health Department's household hazardous waste grant proposal for a one day collection program, and authorize the Mayor to forward a letter to the Shasta County Board of Supervisors in support of the grant proposal. The Solid Waste Division will present a budget proposal to fund this project in fiscal year 1991-92. Request to Sell Alcohol - Telephone Pioneers of America (A-110-100) It is the recommendation of the City Clerk to approve the request of the Telephone Pioneers of America to sell alcoholic beverages at the Senior Citizen's Hall during the annual Crab Feed on February 9, 1991. The appropriate insurance is on file and the request has the approval of the Chief of Police. Municipal Golf Course Market and Feasibility Analysis Resolution - Appropriating Funds * (B-130-070 & P-050) It is the recommendation of the Recreation and Parks Director to award the Municipal Golf Course Market and Financial Feasibility Analysis to Economic Research Associates in the amount of $15,000. Park Development funds in the amount of $13,000 were budgeted for this project; and therefore, it is also recommended that Resolution No. 91-62 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 30th Amendment to the City Budget Resolution No. 90-362 appropriating $2,000 from Park Development funds for a golf course marketing and economic feasibility study. 3 2/5/91 4 2/5/91 Resolution - Redding Colts Youth Football Agreement (B-130-030-625) It is the recommendation of the Recreation and Parks Director that Resolution No. 91-63 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and the Redding Colts Youth Football to provide officials and ambulances at football games during the 1990-91 season, and authorizing the Mayor to sign same. Funds in the amount of $900 for these expenses will be paid to Redding Colts Youth Football. Resolution - Enterprise Eagles Youth Football (B-130-030-050) It is the recommendation of the Recreation and Parks Director that Resolution No. 91-63 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and the Enterprise Eagles Youth Football to provide officials and ambulances at football games during the 1990-91 season, and authorizing the Mayor to sign same. Funds in the amount of $900 for these expenses will be paid to Enterprise Eagles Youth Football. Notice of Completion - Bid Schedule No. 2236, Construction of West Loop 115kV Transmission Line (B-050-020 & E-090-160-800) It is the recommendation of the Public Works Director that Bid Schedule No. 2236 (Job No. 9849-16), awarded to Collins Electric Company, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $1,746,244. Resolution Accepting Streets - Acceptance of Improvements, Hidden Hills Subdivision, Unit 1 (North of Churn Creek Road and east of the Bella Vista Water Treatment Plant) * (S-070-230 & S-100-273) It is the recommendation of the Public Works Director that Resolution No. 91- 65 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Bodenhamer Boulevard, Reddington Drive, Bayhill Court, Edgewater Court, Tulare Court, and Rolling View Drive in Hidden Hills Subdivision, Unit No. 1. It is also recommended that the improvements in the Hidden Hills Subdivision, Unit 1, be accepted as satisfactorily completed and the City Clerk return the securities to the developers, Thomas and Maryann Fair. Resolution Accepting Streets - Acceptance of Improvements and Final Map, Mullen Parkway Subdivision, Unit 1 (North of Girvan Road, east of Olney Creek, and west of the Bonnyview Drain) * (S-070-230 & S-100-506) It is the recommendation of the Public Works Director that Resolution No. 91- 66 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Mullen Parkway in the Mullen Parkway Subdivision, Unit No. 1. It is also recommended that the improvements in Mullen Parkway Subdivision, Unit 1, developed by Dennis McCollum, be accepted as satisfactorily completed, and the City Clerk file the map with the Shasta County Recorder. Resolution - Contract with Kleinfelder for Materials Testing (B-050-020 & A-170-100-080) It is the recommendation of the Public Works Director that Resolution No. 91- 67 be adopted, a resolution of the City Council of the City of Redding approving the Agreement for materials testing services for the Clover Creek Trunk Sewer Line (Bid Schedule No. 2356), in an amount not to exceed $28,825, entered into between the City of Redding and Kleinfelder, and authorizing the Mayor to sign same. Resolution - Correcting Resolution No. 90-576 Accepting Streets in Girvan Estates Subdivision * (S-070-230 & S-100-225) It is the recommendation of the Public Works Director that Resolution No. 91- 68 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Yvonne Court, Ely Lane, and Penelope Court, in Girvan Estates Subdivision. The resolution changes the name of Monique Court (Resolution No. 90-576) to Penelope Court. 5 2/5/91 6 2/5/91 Award of Bid - Bid Schedule No. 2424, Traffic Signs (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2424, traffic signs, be awarded to the low bidder, Maneri Sign Company, Inc, in the amount of $25,212.10. Funds for this purchase are included in the 1990/91 budget. Resolution - Crabtree Security Agency - Security Services in Downtown Redding Mall (B-050-100 & M-010-200) It is the recommendation of the City Attorney and Purchasing Officer that Resolution No. 91-69 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Crabtree Security Agency, Inc., to perform security services at the Downtown Redding Mall (pursuant to Bid Schedule No. 2371) for the period November 1, 1990, through June 30, 1991, and authorizing the Mayor to sign. The City Manager is authorized to execute future amendments, if any. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution Nos. 91-58, 91-59, 91-60, 91-61, 91-62, 91-63, 91-64, 91-65, 91-66, 91-67, 91-68, and 91-69 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Golden State Mobilehome Owner's League (L-100) City Clerk Nichols stated that a letter was received from Leland Dills, President of the Golden State Mobilehome Owner's League, asking Council to assist the residents of the Redwoods Mobile Home Park (Park) to bring a lawsuit against the owners of the Park. Mr. Dills has indicated that owners of the Park have resurfaced the Park's roads and propose to treat the project as a capital improvement, rather than maintenance, which will allow them to "pass through" the cost to the residents. The residents are proposing that outside counsel be hired to prepare the suit in the name of the City, and the residents will pay for the attorney's fees and costs of the action. Leland Dills, 469 Balsawood Drive, stated that the residents of the Park face increased costs from the resurfacing project as well as a $15 rent increase in June as a result of the 5-year lease. He explained that in eight years, the rent has more than doubled, and this is not affordable living any more. Noting that a lot of the street repair was simply cosmetic and the slurry seal is already cracking, he pointed out that the streets may have to be resurfaced in another five years and the residents may be forced to absorb that cost again. Dick Bates, 1300 West Street, stated that he does not object to the recommendation to refer this matter to staff. Mr. Bates noted that there is a substantial neighborhood interested in this matter. The residents are in a tough position to negotiate with the owners; and with the City's backing, they will have more clout than if they brought the suit themselves. Mr. Bates said that calling the road resurfacing a capital improvement project, rather than maintenance, is a perversion of the law. Affordable housing is an important issue for this group because many of these people are on fixed incomes. Mr. Bates said he trusts they will have a chance to give staff whatever input possible while this is being studied. Council Member Moss asked how the City can add additional clout to this suit. Mr. Bates replied that the civil action can be brought in the name of the City, and that says these people are not making this play themselves, but they have the backing of the City of Redding, and at the least, their cause is just. 7 2/5/91 City Attorney Hays said staff does not know all of the facts and circumstances at this moment, and staff wants adequate information before asking Council to make a decision. Mayor Buffum asked Mr. Hays if he is willing to look at and consider this matter. Mr. Hays replied yes. Mayor Buffum said this is a reasonable request, and the residents are willing to bear the costs. She urged Council to refer this matter to staff for their consideration. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to refer to staff the request by the residents of the Redwoods Mobile Home Park regarding litigation against the owners of the Park. The Vote: Unanimous Ayes In response to Council Member Dahl, Mr. Hays stated that staff will bring this matter before Council at the next meeting. Council Member Dahl stated that these people are coming to Council for help, enabling legislation is available, everyone is being hit with cost increases, and it is especially difficult with those on fixed incomes. RECESS At the hour of 7:40 p.m., Mayor Buffum recessed the meeting. At the hour of 7:44 p.m., Mayor Buffum reconvened the meeting. Letter of Resignation - Board of Appeals Member William Braun (B-080-050) A letter of resignation was received from Board of Appeals Member William Braun effective January 25, 1991. Mayor Buffum stated that Council accepts Mr. Braun's resignation with deep regret. She said the value of Mr. Braun's service was incredible, and she encouraged Mr. Braun to continue to serve until another appointment to the Board can be made. Council Member Dahl also encouraged Mr. Braun to serve out the remainder of his term. Council Member Moss asked how long the remainder of Mr. Braun's term is. City Attorney Hays conveyed that Mr. Braun's term has expired and he is not eligible to be reappointed because he has served more than two terms. Mayor Buffum noted that the procedure is to serve until Council can appoint a replacement. City Clerk Nichols stated that a letter of resignation from the Chairman of the Board of Appeals, John Fitzgerald, was also received. Mayor Buffum stated that Council will send letters to Mr. Braun and Mr. Fitzgerald. RIVERFRONT MASTER PLAN COMMITTEE - Appointments (B-080-600-775) Mayor Buffum recommended that Council appoint the following persons to the Riverfront Master Plan Committee: Darrell Burrell (Planning Commission), Jackie Jabs (Tourism Commission), Peggy Parker (Recreation and Parks Commission), Richard Johnson (River and Waterways Commission), Mary Pfeiffer (Member at Large), Larry Hopson (Alliance of Redding Museums), and Lee Salter (McConnell Foundation). MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to appoint Darrell Burrell, Jackie Jabs, Peggy Parker, Richard Johnson, Mary Pfeiffer, Larry Hopson, and Lee Salter to the Riverfront Master Plan Committee. The Vote: Unanimous Ayes PUBLIC SAFETY TASK FORCE (B-080-600-200 & B-080-600-425) 8 2/5/91 Mayor Buffum recommended that Council appoint the following persons to the Public Safety Task Force: Judge Wilson Curle, Judy Smith, Kent Dagg, Hank Rogers, Mark Young, Ed Wittekind, Lou Brown, Dottie Holloway, Kelley Clark, Jim Salini, Al Kelly, Don Rehn, John Crowe, and Tom Gordon. She also recommended that Paul Barth, Don Spellman, Conrad Anderson, Jim Fisher, Jerry Fikes, and Nancy Sutton be appointed as alternates to the Task Force. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to appoint Judge Wilson Curle, Judy Smith, Kent Dagg, Hank Rogers, Mark Young, Ed Wittekind, Lou Brown, Dottie Holloway, Kelley Clark, Jim Salini, Al Kelly, Don Rehn, John Crowe, and Tom Gordon to the Public Safety Task Force; and appoint Paul Barth, Don Spellman, Conrad Anderson, Jim Fisher, Jerry Fikes, and Nancy Sutton as alternates to the Task Force. The Vote: Unanimous Ayes ORDINANCE NO. 1950 - Rezoning Application RZ-16-82, by City of Redding (Lorraine Drive and Denton Drive on the east side of Churn Creek) (L-010-230) MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that the full reading of Ordinance No. 1950 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Ordinance No. 1950 be adopted, an ordinance of the City Council of the City of Redding amending Ordinance No. 1613, which amended Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-16-82). Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1950 is on file in the office of the City Clerk. RESOLUTION - Shasta 2000 Symposium (A-050-060) Mayor Buffum stated that a public forum will be held at Shasta College on Saturday, April 20, 1991, called Shasta 2000, a Symposium for Planning our Community's Future. The coordinators of Shasta 2000 have requested that Council adopt a resolution in support of the symposium and encourage the participation of City of Redding department heads and staff. Council Member Arness stated that City staff has always been a party to good planning, and the resolution is frivolous. Mayor Buffum questioned if a letter of support, rather than a resolution, would be preferable. Wayne Kessler, 1291 Harpole, representing the Shasta 2000 coordinating committee, stated that the committee would like Council's support for this project. They are planning for a broad spectrum of people to attend the workshops, and instead of going to staff and asking for their participation, protocol required Council's support first. Mr. Kessler asked Mayor Buffum if she would like to address the opening session. In response to Mayor Buffum, Mr. Kessler stated that there may be a nominal charge for the symposium. Mayor Buffum stated that she likes the idea of bring City, County, State, and private interests together to discuss the future of our community. Council Member Moss stated that the concept is appealing and he will support the resolution. Council Member Dahl stated that this is a good idea, and a working exchange of ideas is needed. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Resolution No. 91-70 be adopted, a resolution of the City Council of the City of Redding supporting Shasta 2000, a symposium for planning our community's future. Voting was as follows: 9 2/5/91 Ayes: Council Members - Dahl, Fulton, Moss, and Buffum Noes: Council Members - Arness Absent: Council Members - None Resolution No. 91-70 is on file in the office of the City Clerk. LEGISLATIVE MATTERS (L-040-150) Assistant City Manager McMurry recommended that Council support SB169, which would repeal the adverse effects of SB2557, while preserving those portions that are advantageous from the viewpoint of counties. It is also recommended that Council support AB939, as well as SB1X and SB2X. Mr. McMurry explained that SB169 will repeal the authority given to counties to charge cities for the cost of booking fees and property tax administration. He added that the bill will increase the vehicle license fee revenues by freezing the depreciation schedule and provide a permanent revenue stream to the counties. Mr. McMurry conveyed that AB939 will extend the planning deadlines for completion of the household hazardous waste and source reduction and recycling elements by six months to July 1, 1992. Mr. McMurry stated that SB1X and SB2X will eliminate special interest exemptions and raise new revenue for cities. In response to Council Members Arness' and Moss' concerns about AB939, Mr. McMurry stated that staff will continue to review this bill and bring additional information back to Council. Council Member Moss stated that he and Council Member Arness will also talk with City Attorney Hays, Electric Utility Director Lindley, and General Services Director Masingale regarding this bill. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to support SB169, AB939, SB1X and SB2X, and send the appropriate letters to legislators and committees. The Vote: Unanimous Ayes FIVE-YEAR FINANCIAL PLAN (B-130-070) Director of Finance Downing presented a Five-Year Financial Plan to City Council for the preparation of the 1991-92 Annual Budget. Ms. Downing stated that this Plan provides a five-year plan on all aspects of the budget. This is a starting point where Council can set policies and directions for the preparation of the budget. The Plan gives direction to staff for realistic budget requests, and it highlights future revenue needs required to meet expenditures and addresses personnel issues. Ms. Downing also submitted preliminary staffing guidelines. Ms. Downing recommended that Council approve the Five-Year Plan, and adopt the "Most Likely Scenario" for the 1991-92 annual budget preparation process. She also recommended approval of the Preliminary Staffing Guidelines as presented. Mayor Buffum stated that the Five-Year Plan is an excellent document. She suggested, however, that Council consider the staffing guidelines separately. Ms. Downing conveyed that the budget process will be starting soon, and staff would like to give some direction to department heads as they prepare recommendations pertaining to personnel. Council Members Fulton and Dahl concurred with Mayor Buffum to hold off on adoption of the staffing guidelines. Ms. Downing pointed out that there are capital projects, such as the new Stillwater Treatment Plant, that will need service personnel and programs funded by grant monies will require positions. She explained that staff is trying to give some direction that no new positions will be granted unless it meets one of these guidelines. 10 2/5/91 Council Member Dahl noted that with these guidelines, all of last year's new positions could have been justified. Assistant City Manager McMurry explained that staff is looking for some flexibility, and some positions generate more revenue than they cost. Council Member Arness said that after reading the document, he was lead to believe there will be $7 million for capital projects plus a $3 million fund balance in next year's budget He noted that prioritization of capital projects is not included; and he pointed out that when positions are funded with grant funds of up to 75%, the next year those positions are funded 100% by general fund money. Council Member Arness said the Plan is difficult to follow. Mayor Buffum explained that the five-year plan allows Council to prioritize as it goes through the budget. Ms. Downing said it is possible to identify all of the debt service and projects that will be coming through, but that is a much bigger project. This Plan is a first attempt and improvements will be added to the Plan. She explained that the detail will be handled at the budget process level and through the capital improvement program which has not yet been brought back to Council. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to approve the Five-Year Financial Plan, without the staffing guidelines, and approve the "Most Likely Scenario" approach. Voting was as follows: Ayes: Council Members - Dahl, Fulton, Moss, and Buffum Noes: Council Members - Arness Absent: Council Members - None Council Member Arness said while he is not opposed to the Plan, it is either not detailed enough or it is not understandable. Council Member Dahl noted that Council Member Arness has a legitimate point and simplifying the budget by departments to make an easily readable handout has been discussed. Mr. McMurry conveyed that staff is working on those aspects, and budget format questions will be brought to Council at its next regular meeting. Mayor Buffum suggested that Council call a workshop to discuss staffing guidelines and budget format questions. Mr. McMurry stated that staff will pull a meeting together next week. ANNEXATIONS (A-150) Planning and Community Development Director Perry recalled that the City and County have been at an impasse on annexations since the County rescinded the master property tax exchange agreement and said it would only allow an annexation if it retained 100% of the property tax it was receiving. Mr. Perry noted that there are thirteen annexations pending and annexation requests continue to be filed. Mr. Perry suggested that the Council send a letter to the Board of Supervisors requesting it reconsider its new policy. Council Member Moss noted that the City Council and Board of Supervisors will be holding a joint meeting in the near future, and he is concerned about forcing the issue before that time. He said it is obviously something that must be discussed, and this may make it difficult. Council Member Dahl suggested that the letter express Council's concern about this matter and ask that this topic be considered at the joint meeting. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, authorizing the Mayor to forward a letter to the Board of Supervisors expressing Council's concern about the County's action regarding annexations and the property tax exchange agreements. The Vote: Unanimous Ayes 11 2/5/91 TENTATIVE SUBDIVISION MAP S-36-90 - Spring Valley Subdivision, by W. Jaxon Baker (S-100-603) Council was advised that the Planning Commission has granted permission to subdivide 60 acres into 88 single-family lots, located on the east side of Churn Creek and north of the Quail Ridge Subdivision, described as Tentative Subdivision Map S-36-90. A map of the area and a copy of the conditions of approval were submitted to Council. Over 25 acres, part of which is Churn Creek Floodplain, has been dedicated for open space and park purposes, and the Commission approved the request to fill 2.8 12 2/5/91 acres of a Churn Creek floodplain backwater area. There will be a 50-foot- wide, minimum riparian-dedication requirement where several lots back up to Churn Creek. This was an information item. ANNEXATION 91-1 - Montgomery Development (A-150-241) Planning and Community Development Director Perry stated that Jaxon Baker has submitted an annexation request for two parcels comprising 760 acres. The property is contiguous to pending Annexation 88-2, Texas Springs/Old Oregon Gulch, and is dependent upon its annexation to the City. A location map was submitted to Council, and Mr. Perry stated that although the annexation request is in the City's sphere of influence, the General Plan does not cover this area. The reason for the request is to receive City services to serve a future single-family residential subdivision. If Council wishes to continue processing annexation requests, it is the recommendation of the Planning Director to ask the applicant to initiate a general plan amendment in the area, authorize staff to contact other property owners in the area to determine their level of interest, and refer the request to Departments for review and comment once a boundary is defined. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to direct staff to ask the applicant of Annexation 91-1, Montgomery Development, to initiate a general plan amendment in the area, authorize staff to contact other property owners in the area to determine their level of interest in annexation, and refer the request to Departments for review and comment once a boundary is defined. The Vote: Unanimous Ayes ADMINISTRATION AND POLICE BUILDINGS (C-050-025) Planning and Community Development Director recalled that at its regular meeting of January 15, 1991, Council continued consideration pertaining to the amendment to the existing contract for architectural services for the proposed Administration and Police buildings to its workshop of January 19, 1991. Council then requested that the following items be considered this evening: the site plan, obtaining an independent cost estimator, deferring amendment of the schematic design until the building cost estimates are received, appointing a Council subcommittee, and holding a workshop on financing new facilities. The staff recommendation is to proceed with the contract amendments, based on a 6.5% architects fee for the schematic design basis of the administration building and an 8.5% architects fee for the schematic design of the police building. The architects must redo site plan work that was already accomplished, and costs must be covered for work with the Downtown Mall Committee and other work during the nine months the architects were on hold. Council Member Dahl suggested that the contract be amended to fund work previously performed and not covered by the present contract and to complete site planning. He also recommended that Council confirm site plan #3 and direct staff to obtain an independent cost estimator. Noting that the five- year financial plan does not include this project, he said Council Members should become more involved in this stage of the development to consider cost, size, and how much can be afforded. Mayor Buffum appointed Council Member Moss and Mayor Buffum to the City Hall and Police buildings subcommittee and Council Members Arness and Dahl to the Corporation Yard subcommittee. Mr. Perry clarified that Council Member Dahl would like to defer the schematic design portion of the project until this work is completed. In response to Council Member Arness' question, Mr. Perry conveyed that he will be researching the cost of other new city halls and then work with an independent cost estimator as a cross check. Council Member Moss pointed out that the construction of the Administration building and Police building are not tied together in such a way that the Police building could not be phased in at a later date. He noted that the City Hall and the Corporation Yard are tied together because of footprint 13 2/5/91 design, but construction of the police building could be put off for several years. Council Member Dahl said phasing can work for the Corporation Yard to. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, to confirm the location of the Civic Center as Alternative Site No. 3; amend the contract with Nichols, Melburg, and Rossetto to make up for work that the architects have already done and to complete the site plan work; designate the subcommittees appointed by the Mayor to work with staff regarding what can be afforded, phasing, etc. and conduct a workshop around mid-year to discuss the issues; consult with an independent cost estimator about current construction costs; and authorize the Mayor to sign the contract amendment with Nichols, Melburg, and Rossetto. The Vote: Unanimous Ayes CORPORATION YARD (C-050-100-040) Planning and Community Development Director Perry recalled that at its regular meeting of January 15, 1991, Council continued consideration pertaining to the amendment to the contract for additional design services for the Corporation Yard to its Council workshop of January 19, 1991. Council then requested that the following items be discussed this evening: defer consideration for additional design services until a construction cost estimate can be obtained from an independent cost estimator; appoint a Council subcommittee for the project, and hold a future workshop on financing new facilities. Mayor Buffum appointed Council Members Dahl and Arness to the subcommittee to review construction of the Corporation Yard. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, to defer consideration of the contract amendment for engineering and schematic design work for the Corporation Yard until after the subcommittee has met and brings back a recommendation. The Vote: Unanimous Ayes COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (G-100-030-035) Planning and Community Development Director Perry stated that when the Community Development Block Grant (CDBG) was initiated, the primary purpose was to eliminate slums and blight and to preserve neighborhoods. Mr. Perry indicated that without the CDBG program, major infrastructure projects and a wide array of public works projects would not have been completed. These funds have also been combined with housing rehabilitation funds to provide a total of $7,580,000 in housing rehabilitation activity since 1976, and the revolving loan fund is now 85% funded through other Federal Grants, State Grants, and loan repayments. In the 1980's the CDBG program allowed a maximum of 10% of the total grant each year to be used for public service activities. When the Revenue Sharing Program was eliminated by Congress, that CDBG program expanded the maximum amount of funds that could be used to 15%. During the last year, the Department of Housing and Urban Development (HUD) changed the limitation from 15% of the total grant to 15% of the total grant plus 15% percent of the total annual program income. It is the recommendation of staff to maintain the existing limitation of a maximum of 15% of the total grant award each year, and ask the Community Development Advisory Committee to make a recommendation regarding the types of activities that should be funded if the City established priorities under the public service category. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, to maintain the existing limitation of a maximum of 15% of the total Community Development Block Grant program for public services, and direct the Community Development Advisory Committee to make a recommendation regarding the types of activities that should be funded if the City established priorities under the public service category. The Vote: Unanimous Ayes AIRPORT LIABILITY INSURANCE POLICY (R-100-375-100) 14 2/5/91 Risk Manager Mlinarcik conveyed that Insurance Associates of Redding solicited bids for Airport Liability Insurance for the 1991 policy year. Mr. Mlinarcik stated that the City is able to obtain coverage of $50,000,000 from Transamerica Insurance Company at an annual premium of $12,932. It is the recommendation of the Risk Manager to approve the Transamerica Insurance Company proposal. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to accept the proposal of Transamerica Insurance Company for Airport Liability Insurance in the amount of $12,932, and direct staff to inquire if the policy may be extended for an additional year. The Vote: Unanimous Ayes SAFETY OFFICER (P-100-060) Risk Manager Mlinarcik recalled that during the 1990 budget study session, the Electric Utility asked Council to approve a new position, Safety Engineer. Council questioned if the position should be City-wide in scope and a final decision was deferred pending review by the Risk Manager. Mr. Mlinarcik reviewed CAL-OSHA safety orders and recent legislation which enacts fines and charges to an employer who willfully violates any OSHA safety order, etc. He added that many California counties have had positions equivalent to Safety Officers, and cities are now recognizing the need for such expertise. Noting that the City is self insured for liability and workers' compensation claims, Mr. Mlinarcik explained that safety and loss control is important if staff is to control and reduce the costs of the self-insurance program. It is the recommendation of staff to approve the new position of Safety Officer. Council Member Arness expressed support for staff's recommendation. Council Member Fulton said budget time is approaching and that would be the appropriate time to consider this proposal. Mayor Buffum concurred. Agreeing that the City should be cautious because of the self-insurance program, Council Member Dahl added, however, that he would like to review this further during budget study sessions. Council Member Moss agreed with Council Member Arness and pointed out that the City has a large liability and is taking the place of an insurance company. The City needs either outside safety consultants or a Safety Officer position. He questioned if the City can perform this function cheaper than paying an outside consultant. Mr. Mlinarcik replied that it will be more cost effective if the City can hire a qualified person with a solid background. He added that it almost takes a full time person to keep up with all the legislative changes, especially in regard to certain hazardous materials; and effective July 1, 1991, there will be new guidelines from the State regarding injury and illness prevention programs. Mayor Buffum questioned how many years the City has been self-insured and how long the City has had a Risk Manager position. She asked if the Risk Manager position brought down our costs and effected a savings. Mr. Mlinarcik replied that the City has been self-insured since December 1986, and the Risk Manager position was created in January 1987. Mr. McMurry stated that the Risk Manager function has resulted in significant savings with regard to premiums and administration of the Worker's Compensation program. City Attorney Hays stated that the City has been self-insured for Worker's Compensation for many years prior to being self-insured for liability. Mayor Buffum said she is trying to point out the odds and questions if this position needs to be created a few months prior to budget study sessions. There is not that much at risk, and the Risk Manager has maximized our savings. She pointed out that the original proposal was for someone with expertise in electric utility matters and now staff is recommending a general safety officer with the option of coming back later with an electric specialist. 15 2/5/91 Council Member Moss stated that a good portion of the City's liability lies within the enterprise functions, and those functions will absorb most of the cost of this position. Mayor Buffum stated that if that were the case, she would be willing to pay consultants rather than adding to City payroll costs. Council Member Arness said he was quick to support the proposal because it is prevention and this kind of action falls into being a good employer. There are many safety issues to be considered, and it may take a while to find a qualified person. Mr. McMurry emphasized that staff regarded this as a continuation of last year's budget process, and the recommendation is a result of the interim study. Mr. McMurry outlined the consequences of not having programs in place to prevent injury and illness and said this is an extremely important position, especially in light of new legislation. Mr. McMurry stated that as an alternative, Council can place it on the Workshop's agenda. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to adopt staff's recommendation to approve the new position of Safety Officer and find a qualified person to fill that position. Voting was as follows: Ayes: Council Members - Arness and Moss Noes: Council Members - Dahl, Fulton, and Buffum Absent: Council Members - None Mayor Buffum confirmed that staff may bring this issue back to Council at budget time. CARDROOMS - Amending Ordinance (L-070-300) Police Lieutenant Byard recalled that this matter was continued from the City Council meeting of January 15, 1991. Since that time, there have been modifications made to that ordinance in conjunction with the Casino Club. Lieutenant Byard recalled that staff and cardroom operators had two points of contention--using a house player versus a proposition player and the use of a "player" bank. Lieutenant Byard stated that the proposed ordinance defines terms, provides guidelines for the issuance of cardroom licenses, defines the allowable games and rules of conduct for the club and its employees. It is the recommendation of staff to adopt the revised cardroom ordinance. Wayne Harris, 2970 Peaceful Lane, partner in the Casino Club, explained that everyone thought a compromise had been reached, but he was under the assumption that it would not be as bad financially to use proposition players as it turned out to be. Mr. Harris said he thought there were no small cardroom ordinances that permitted house players, and the next day he discovered there are. Mr. Harris defined the differences between a house player and a proposition player, and he conveyed that the Club has used house players for the last eleven years without a problem. Noting that if the Police Department (RPD) is worried about the house having a stake in the game, Mr. Harris assured Council that it is a negative stake. The players get 50% of what they win and the club sustains 100% of the losses; but it allows the Club to keep the games going. He chooses not to think it is the Casino Club the RPD is worried about as much as someone else coming into town. The use of house players is in the best public interest of the card playing community, especially if RPD can give the house players a work permit. Mr. Harris said if RPD is concerned about the Club's winnings, any time there is a winning week and the house players wins more than they lose, they will send a check to charity. Council Member Arness asked if a house player is required to have a work permit. Mr. Harris indicated that their employees are required to have work permits and the house players are not considered employees. Leonard Bandell, 1330 West Street, thanked Lieutenant Byard and Chief Blankenship for being so accessible. There is only one issue left to 16 2/5/91 consider, and Mr. Harris is convinced that using proposition players will put him out of business. Mr. Bandell noted that the Club has not been a law enforcement problem in this community. In light of that and the economic jeopardy the ordinance will put the Club in, it is their contention to either delete that from the ordinance or regulate how house players can be used. Mr. Bandell pointed out that if a problem arises in the future, it is not difficult to amend the ordinance. The perception is that the Club is making money using house players, and in reality, the Club is just not losing as much. Mr. Bandell said he obtained ordinances from several small cities and he reviewed where house players are allowed. He explained that the problems large cities have are not the problems small cities have. Lieutenant Byard said it is a matter of what constitutes a house player. He has reviewed ordinances from Chico, Paradise, Sacramento, and Emeryville and has been unable to find any jurisdiction in California that allows a house player, as defined by the Casino Club, to function in that fashion. City staff is asking that players or shills be registered with RPD, and the ordinance would not require the Club to compensate these people in any way different than what they are doing now--asking the players to perform services for the Club for compensation. He said at issue is whether or not the business is going to gamble vicariously through this person. Mayor Buffum clarified if the RPD's concern is that the Casino Club should not share in half the winnings. Lieutenant Byard said it is a bad situation for a gambling establishment to have that kind of potential influence on the game. Staff considered what was fair to the cardroom, as well as to the patron, and what is enforceable. In response to Council Member Moss, Lieutenant Byard said the big cardrooms pay the proposition players a wage, but no jurisdiction allows an establishment to give money with the prospect of receiving potential gain based on that individual's play. Council Member Fulton emphasized that the Club has been operating in this manner for a number of years without a problem, and the Club cannot afford to have proposition players. He opined that there is not a problem, and nothing staff has shown says there is a problem other than staff does not like the idea. Mr. Harris said they do not object to the house players being registered. Council Member Arness noted that a proposition player is an employee; and therefore, there are costs, such as worker's compensation and health, involved. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to direct staff to modify the cardroom ordinance to permit house players, and the house players be registered and identified. The Vote: Unanimous Ayes SOLID WASTE - Rates for Collection and Removal (S-020-500) General Services Director Masingale submitted the Report to City Council dated January 15, 1991, pertaining to the establishment of rates for the collection and removal of solid waste. Mayor Buffum stated that it is the concurrence of Council to continue this item, for the purpose of further discussion, to Council's Workshop to be scheduled next week, and then bring the matter of rates back at Council's next regular meeting. CHURN CREEK PRESERVATION TASK FORCE - Response to Grading Subcommittee Report (A-070-055 & R-200-100) Public Works Director Galusha recalled that the Churn Creek Preservation Task Force subcommittee chair, Mark Young, presented the findings of the subcommittee on January 15, 1991. Mr. Galusha reviewed the Report to City Council dated January 31, 1991, in response to the subcommittee's report. Mr. Galusha stated that the current grading ordinance was tightened up in response to Council's direction; however, staff does recognize the need for additional erosion control requirements and standards. Personnel has been assigned to review the existing grading ordinance and the subcommittee report. Mr. Galusha indicated that staff will also assist the subcommittee in the 17 2/5/91 development of a technical advisory committee (TAC). Staff recommended to the subcommittee that two members of the Builder's Exchange be added to the proposed list of TAC members. Mr. Galusha conveyed that additional training of personnel in the area of erosion control will be provided in the future. Regarding the recommendation to hire an employee with erosion control experience, Mr. Galusha indicated that there are six staff construction inspectors who report to the Assistant City Engineer. Staff will be recommending that an additional person be hired to oversee the inspectors, rather than the Assistant City Engineer; but before suggesting that, staff will look at the other options. Mr. Galusha stated that regarding enforcement of the grading ordinance, staff is considering requiring developers to post a bond for all erosion control work shown on the grading plan and increasing the penalties imposed for non-compliance. Mr. Galusha recommended that the City not annex to the Western Shasta Resource Conservation District, but rather a contract be negotiated between the City and the District to receive technical support. The District has been contacted and a meeting has been planned. It is the recommendation of staff to initiate changes to the City's grading ordinance, submit the changes to the TAC for review, and then bring it back to Council for approval and adoption. It is also recommended that the Public Works Director negotiate a contract with the Conservation District for technical support. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to direct staff to initiate changes to the City's grading ordinance, submit the changes to the Technical Advisory Committee for review, and then bring it back to Council for approval and adoption; and direct the Public Works Director to negotiate a contract with the Conservation District for technical support. The Vote: Unanimous Ayes Ted Klaseen, 2295 Oak Ridge Drive, stated that he is on the grading subcommittee of the Churn Creek Task Force. He suggested that builders or contractors be included in discussion with the technical people, and City staff. He emphasized that a workable, effective solution must meet the needs of all three groups. He hoped that the Technical Advisory Committee would meet prior to the City writing the changes to the ordinance. Mr. Galusha explained that staff will consider the subcommittee's suggestions when rewriting the ordinance, and then present it to the TAC for comments. More changes could be made at that time, consensus reached, and then it will be brought to Council for consideration. BUCKEYE WATER TREATMENT PLANT - Preliminary Design Report and Negative Declaration (B-050-020 & W-030-600) Director of Public Works Galusha recalled that staff presented the Buckeye Water Treatment Plant Preliminary Design Report and the Watershed Evaluation and Watershed Sanitary Survey of Whiskeytown Facilities to Council at its Workshop of January 19, 1991. He indicated that staff is currently negotiating with Boyle Engineering Corporation for the final design phase, and staff will return to Council to approve the contract. It is the recommendation of staff to accept the Buckeye Water Treatment Plant Preliminary Design Report and the Watershed Evaluation and Watershed Sanitary Survey of Whiskeytown Facilities and ratify the Negative Declaration for the proposed water treatment plant. Mr. Galusha conveyed that staff is currently in negotiation with the Bureau of Reclamation and the Western Area Power Administration to amend the contract to take water from the Whiskeytown conduit, rather than from Shasta Lake and the Sacramento River as currently stated in the contract. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, that Council make the following findings regarding the Buckeye Water Treatment Plant (Environmental Determination ED-9-90): Based on the lack of any known significant environmental effects, it is recommended that an environmental impact report is unnecessary and that none of the following conditions exist pursuant to Section 15065 of the Government Code: 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or 18 2/5/91 wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory; 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals; 3. The project has possible environmental effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects; 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly; and ratify the Negative Declaration authorized by the Board of Administrative Review on November 21, 1990. The Vote: Unanimous Ayes. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to approve the Buckeye Water Treatment Plant Preliminary Design Report and the Watershed Evaluation and Watershed Sanitary Survey of Whiskeytown Facilities. The Vote: Unanimous Ayes ORDINANCE - re the Hearing, Determination, and Conditions of Maintenance of Dangerous Dogs (A-130-150) City Attorney Hays recalled that in 1987, the City adopted a dangerous dog ordinance; and since that time, several hearings have been held. Experience from those hearings indicates that the hearings are extremely fact driven and the remedies available to the hearing officer need to be broader than those that presently exist. It is the recommendation of the City Attorney and the Director of the Haven Humane Society to amend the ordinance to give the hearing officer greater ability to form remedies. Council Member Moss offered Ordinance No. 1951 for first reading, an ordinance of the City Council of the City of Redding amending Section 7.12.052E. of the Redding Municipal Code pertaining to the hearing, determination, and conditions of maintenance of dangerous dogs. ORDINANCE - City Regulations re Wheeled Devices (T-080-300) City Attorney Hays reported that the Police Department has received requests from private property owners to have Section 13.12.070 of the Redding Municipal Code applied to their property. The private property owners could post their property indicating the prohibition of rollerskating, skateboarding, or other wheeled devices other than a bicycle, and then give written consent to the Police Department authorizing the enforcement of the restrictions. It is the recommendation of the City Attorney, based upon the request of the Police Department, to adopt the ordinance. Council Member Fulton offered Ordinance No. 1952 for first reading, an ordinance of the City Council of the City of Redding amending Section 13.12.070 of the Redding Municipal Code pertaining to wheeled devices in posted areas. ORAL COMMUNICATIONS (L-010-210 & L-100) Vi Klaseen, 2295 Oak Ridge Drive, stated that after listening to the concerns of the residents of the Redwood Homes Mobile Home Park, her concern about the number of planned development communities in Redding grew. Noting that planned developments receive credit for the construction of recreational facilities, she questioned what kind of involvement and future problems will the City of Redding face if these planned communities change hands and the facilities are not maintained. Mayor Buffum stated that in this particular case, the owners of the Mobile Home Park found a loophole through which to pass charges to the tenants. The State has enabled cities to play a staunch supporter in this type of action, and the tenants are going to pay the costs. 19 2/5/91 City Attorney Hays stated that the law involved is very narrow, and he does not know if these circumstances fit under the law. He explained that the law states that if the park owner does not maintain the common areas, then it is determined to be a nuisance. In this particular situation, it sounds as if it was maintained, but the tenants did not approve of the cost associated with it. CLOSED SESSION (P-100) Mayor Buffum stated that City Council will adjourn to closed session pursuant to California Government Code Section 54957.6(a) to discuss personnel matters. At the hour of 10:30 p.m., Mayor Buffum adjourned the meeting to closed session. 20 2/5/91 At the hour of 11:30 p.m., Mayor Buffum reconvened the meeting to regular session. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) AM/PM Mini Mart (Prestige Stations, Inc.) SW corner of Churn Creek Rd./Mistletoe Lane The Brown Bag (Donald M. & S. Padgett McBain) 2704 Hartnell Avenue Namtha Oriental Market (Sanchiance Saechao) 2451 Athens Avenue Balmas (Christi L. & Colin C. Davis) 2705 Churn Creek The Rex (Albert F. & Patricia M. Naticchioni) 1244 California St. Lao Oriental Food Restaurant (Deng & Kong Vongpanya) 2787 Bechelli Lane ADJOURNMENT There being no further business, at the hour of 11:30 p.m., Mayor Buffum declared the meeting adjourned to 5:15 p.m., February 12, 1991, at the City Hall Conference Room for a joint meeting with the Planning Commission. APPROVED: _____________________________________ Mayor ATTEST: ____________________________________ City Clerk