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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-02-191 2/19/91 City Council, Regular Meeting Council Chambers Redding, California February 19, 1991 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Dr. David Nicholas, President of Shasta Bible College. The meeting was called to order by Mayor Buffum with the following Council Members present: Arness, Dahl, Fulton, Moss, and Buffum. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Chief of Police Blankenship, Director of Electric Utility Lindley, Director of Finance Downing, Director of Parks and Recreation Riley, Assistant City Engineer Aasen, Director of General Services Masingale, Police Lieutenant Byard, Senior Planner Keaney, Director of Information Systems Kelley, Director of Utilities Customer Services Vokal, Housing Manager Maurer, Traffic Engineer/Planner Will, Airports Director Ruff, Assistant Finance Director Sundin-Gruber, Assistant Director of General Services Kohn, Transportation Coordinator Duryee, Budget Services Officer O'Lane, Management Analyst Anderson, Public Information Officer Bachman, Community Access Supervisor Clements, City Treasurer Linville, City Clerk Nichols, and Secretary to the City Council Moscatello. RESOLUTION - Public Service and Productivity Award (P-100-200) Mayor Buffum stated that the Judging Committee recommended that Dennis Howell be awarded the Public Service and Productivity Award for January 1991. Mr. Howell suggested that temporary meter poles be identified by City staff with addresses and street names. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Resolution No. 91-71 be adopted, a resolution of the City Council of the City of Redding recognizing the January 1991 "Employee of the Month" in the City's Public Service and Productivity Award Program. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-71 is on file in the office of the City Clerk. Mayor Buffum congratulated Mr. Howell and presented him with a plaque. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 15, check numbers 165506 through 165938 inclusive, in the amount of $3,649,458.78, be approved and paid, and Payroll Register No. 16, check numbers 310840 through 311562 inclusive, in the amount of $772,383.51, and Automatic Payroll Deposits in the amount of $193,306.41, for the period January 20, 1991, through February 02, 1991, be approved. TOTAL: $4,615,148.70 2 2/19/91 Treasurer's Report - January 1991 (A-050-100-600) Total Treasurer's Accountability - $34,636,119.85 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $86,811,761.38 Resolution - Shasta Area Safety Communications Agency * (B-130-070 & C-175-825-100) It is the recommendation of the City Manager that Resolution No. 91-72 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 33rd Amendment to the City Budget Resolution No. 90-362 appropriating $15,840 for City of Redding participation in the Shasta Area Safety Communications Agency (SHASCOM). These funds represent Redding's share (45%) of SHASCOM's budget for the remainder of the fiscal year. Resolution - Metro Report * (B-130-070 & A-050-250-190) It is the recommendation of the Planning Director that Resolution No. 91-73 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 29th Amendment to the City Budget Resolution No. 90-362 appropriating $11,670 and transferring $24,000 for publication of the 1990-91 Redding Metro Report. Set Public Hearing - re General Plan Amendment Application GPA-12-90, by Lowell J. Simons (South of Hartnell Avenue, north of Churn Creek, and east of Victor Avenue) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., March 19, 1991, to consider General Plan Amendment Application GPA-12-90, a request to reclassify property from "Residential, 12.0 units per acre" to "Retail." Set Public Hearing - re General Plan Amendment Application GPA-18-90, by Brian Burk (West of Airport Road, east of Clover Creek, and north of Wooded Acres Subdivision) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., March 5, 1991, to consider General Plan Amendment Application GPA-18-90. Resolution - Monte Vista School Play Structure (G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 91-74 be adopted, a resolution of the City Council of the City of Redding approving the Handicapped Playground Project Agreement between the Enterprise School District, the Shasta County Office of Education, the City of Redding, and the Redding Redevelopment Agency, and authorizing the Mayor to sign said Agreement. Community Development Block Grant funds in the amount of $12,500 were dedicated for the acquisition of a play structure, and $12,500 in Park Development funds were combined with Redding Redevelopment Funds to complete a walkway and base for the play structure. Resolution - Annexation 90-15, Tierra Oaks, Property Tax Exchange Agreement * (T-010-650 & A-150-237) It is the recommendation of the Planning Director that Resolution No. 91-75 be adopted, a resolution of the City Council of the City of Redding involving property tax transfers between the County of Shasta and the City of Redding for the City of Redding Reorganization No. 90-15 (Tierra Oaks). The resolution reflects the 1989 property tax exchange agreement between the County and the City. Set Public Hearing - re Planned Development Application PD-2-90, by Inn Quarters, Inc. (East of Churn Creek Road and south of College View Drive) (L-010-210-645) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., March 5, 1991, to consider Planned Development 3 2/19/91 Application PD-2-90, a request to rezone and subdivide 8.9 acres to create a 72-unit planned development. Award of Bid - Bid Schedule No. 2425, Relay and Control Panels for Canby Substation (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2425, relay and control panels for Canby Substation, be awarded to the low bidder, Keystone Electrical Manufacturing Co., in the amount of $38,870.20. Funds for this purchase are included in the 1989 Electric System Project Financing Program. Award of Bid - Bid Schedule No. 2426, One Circuit Switcher and Support Structure for Canby Substation (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2426, one circuit switcher and support structure for Canby Substation, be awarded to the second low bidder, Siemens, in the amount of $31,634.80 (Bid Group I). The low bidder did not provide a complete bid. Funds for this purchase are included in the 1989 Electric System Project Financing Program. Award of Bid - Bid Schedule No. 2427, 15 kV Centerbreak "V" Switch with Motor Operator for Canby Substation (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2427, 15 kV centerbreak "V" switch with motor operator for Canby Substation, be awarded to the sole bidder, USCO Power Equipment Corporation, in the amount of $9,261.22. Funds for this purchase are included in the 1989 Electric System Project Financing Program. Award of Bid - Bid Schedule No. 2428, 1-Phase Pad Type Distribution Transformers (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2428, 1-phase pad type distribution transformers, be awarded to the low bidder, Western States Electric, Inc., in the amount of $245,729.20. Funds for this purchase are included in the 1990/91 budget. Award of Bid - Purchase of Open Office System Furniture (B-050-100) It is the recommendation of the Utility Customer Service Director that open office system furniture be purchased from Tab Office Products in an amount not to exceed $7,200. Funds for this purchase are included in the 1990/91 budget. Resolution - GIS Software Procurement MunMap Power (A-070-400) It is the recommendation of the Director of Information Systems that Resolution No. 91-76 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of MunMap Power software from Scott and Scott, not to exceed $16,965.00, pursuant to Redding Municipal Code Section 4.20.080(a)(4), and authorizing the City Manager to sign the necessary documentation. The Electric Utility Department will use the software for the Geographic Information System database and funds for this purchase are included in the 1985 Electric System Financing Program. Resolution - Motorcycle Training Program (P-150-150) It is the recommendation of the Chief of Police that Resolution No. 91- 77 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Chief of Police to execute the indemnity, hold harmless and release by the City of Redding in favor of the City of San Mateo. The City of San Mateo is requiring the Release in order to enable the Police Department to send an officer to an 82 hour Basic Motorcycle course conducted by San Mateo. Resolution - Donation from Rotary Club 4 2/19/91 * (B-130-070 & P-150-150) It is the recommendation of the Chief of Police that Resolution No. 91- 78 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 37th Amendment to the City Budget Resolution No. 90-362 appropriating $15,000 for the purchase of a marked police sedan 90on for the Drug Abuse Resistance Education program. The Rotary Clubs of Northern California are presenting this donation in the amount of $15,000 to the City for this purpose. Resolution - Hillside Aviation, Inc. Lease and Permit for Commercial Activities (C-070-100 & A-090-020) It is the recommendation of the Airports Director that Resolution No. 91-79 be adopted, a resolution of the City Council of the City of Redding approving the Lease and a Permit for Commercial Activities between the City of Redding and Hillside Aviation, Inc. at Benton Airpark, and authorizing the Mayor to sign same. The term of the Lease is for five years effective July 1, 1990. Resolution - Purchase of Automated Refuse Containers Resolution - Budget Appropriation * (B-130-070 & S-020-100 & B-050-100) It is the recommendation of the General Services Director that Resolution No. 91-80 be adopted, a resolution of the City Council of the City of Redding declaring that an emergency situation exists; authorizing the bypass of the formal bidding process; authorizing the purchase of additional automated refuse containers from Toter, Inc. (single vendor), and authorizing the City Manager to sign the necessary documentation. The funds for this purchase are from Solid Waste Reserve funds. It is also recommended that Resolution No. 91-81 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 36th Amendment to the City Budget Resolution No. 90-362 appropriating $25,800 for the purchase of automated refuse containers. Resolution - Parking Prohibition on Cypress Avenue (P-030-250) It is the recommendation of the Traffic and Parking Commission that Resolution No. 91-82 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 89-460 and enacting a new resolution prohibiting parking at all times on Cypress Avenue from Hemsted Drive to Oxford Road. This resolution will reinstate on-street parking on Cypress Avenue from Oxford to Victor Avenue. Acceptance of Final Map - Quail Meadows Subdivision (North of Ellis Street and east of South Market) (S-100-605) It is the recommendation of the Public Works Director that the Final Map for Quail Meadows Subdivision, developed by J.C.M.C., be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the Map with the Shasta County Recorder. Award of Bid - Bid Schedule No. 2436, South Bonnyview Road Boat Launching Facility (B-050-020 & P-050-650 & G-100-170) It is the recommendation of the Public Works Director that Bid Schedule No. 2436 (Job No. 9988), South Bonnyview Road boat launching facility, be awarded to the low bidder, Tullis & Hale, Inc, in the amount of $316,538 and $30,000 be approved to cover the cost of engineering and inspection fees and $49,487 be approved to cover the cost of contract change orders, for a total of $396,025, subject to approval by the Department of Boating and Waterways. Funding is from grants from the State Wildlife Conservation Board and the State Department of Boating and Waterways. Award of Bid - Bid Schedule No. 2434, Traffic Legends (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2434 (Job No. 5114-24), traffic legends, be awarded to the low 5 2/19/91 bidder, Zap Manufacturing Co. of Grass Valley, in the amount of $10,864.95. Funds for this purchase are included in the 1990/91 budget. Award of Bid - Bid Schedule No. 2439, Construction of Pumphouse and Operating Equipment at Well No. 11 (Rancho Road and Goodwater Avenue); and Resolution - Transferring Funds * (B-130-070 & B-050-020 & W-030-750-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2439 (Job No. 9948), construction of pumphouse and operating equipment at Well No. 11, be awarded to the low bidder, McConnell Construction, in the amount of $149,734, and an additional $15,266 be approved to cover the cost of engineering and inspection fees and contract change orders, for a total of $165,000. It is also recommended that Resolution No. 91-83 be adopted, a resolution of the City Council of the City of Redding adopting the 38th Amendment to the City Budget Resolution No. 90-362 transferring $94,000 to complete the installation of the pump and construction of the building for the Enterprise Well No. 11 project. Resolution - Redding Urban Area Transportation Study (T-080-500) It is the recommendation of the Public Works Director that Resolution No. 91-84 be adopted, a resolution of the City Council of the City of Redding approving the extension of the Agreement between the City of Redding, DKS Associates, and the Shasta County Regional Transportation Planning Agency for the Redding Urban Area Transportation Study. The resolution authorizes the extension of the Agreement to June 30, 1991, to allow DKS Associates time to complete work on the expanded study area. Redding Softball Complex (P-050-600-200) It is the recommendation of the City Attorney, pursuant to the order of the Shasta County Superior Court, to vacate approval of the Riverland Recreation Area Project (commonly known as the Softball Complex). MOTION: Made by Council Member Dahl, 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, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution Nos. 91-72, 91-73, 91-74, 91-75, 91-76, 91-77, 91-78, 91-79, 91-80, 91-81, 91-82, 91-83, and 91-84 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Golden State Mobilehome Owner's League (L-100) At the City Council meeting of February 5, 1991, Council considered a request from the Golden State Mobilehome Owner's League to bring a civil action, related to charging tenants for resurfacing the mobile home park's roads, on behalf of the Redwood Mobile Home Park residents, in the name of the City. Said item was continued to tonight's meeting. Dick Bates, 1300 West Street, stated that he does not agree with the findings of attorney Walt McNeill; however, reasonable minds can differ. Mr. Bates conveyed that he and City Attorney Hays agreed that the appropriate action was to continue this matter to a future date to allow the residents to do some additional research and respond back to Council. He explained that the residents do not want to continue with the matter if it is a loser, but the residents believe that the lawsuit has more merit than Mr. McNeill has suggested. 6 2/19/91 Mayor Buffum noted that a letter was received from Stan Statham asking Council to look into the matter and to do whatever possible to assist the residents. Council Member Dahl hoped that Council would conceptually support the homeowners group and give the group a couple weeks to make sure the case is solid; and unless Mr. Bates and Mr. Hays find some overriding reason not to proceed, Council should support the group. Council Member Moss agreed with Council Member Dahl and hoped that Council would pursue this with vigor. Council should help these people because it is in the public interest. Mayor Buffum expressed her support. Council Member Fulton said Council should move ahead with this. Council Member Arness said in the best interest of the residents, the City does not want to support a case that is a loser; therefore, he indicated that the City Attorney should work with Mr. Bates to determine the case's strength. They can then come back to Council and the City can be a party to a strong decision. Mr. Bates noted that Mr. McNeill raised a legitimate issue--can this be cast in the form of a nuisance lawsuit. Stating that the road repair work has been done, but the property management company chose not to call it repairs, they chose to call it a capital improvement, Mr. Bates said they are evading their responsibility in the same way. It is not the group's intention to bring an ill-considered lawsuit. Mr. Bates said the group does appreciate Council's support; and Council can either approve this pending the outcome of Mr. Hays and legal counsel's agreement, or in the alternative, Council may want to review the findings first. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to lend support to the residents of the Redwood Mobile Home Park with the understanding that the Association will pay for the legal expenses and the City will be a party to the lawsuit contingent on the attorneys finding that the lawsuit is credible, and bring the findings back to Council for consideration. The Vote: Unanimous Ayes RECESS At the hour of 7:15 p.m., Mayor Buffum called a recess. At the hour of 7:20 p.m., Mayor Buffum reconvened the meeting. Letter from Ward Gandy (F-205 & B-130-070) A letter was received from Ward Gandy requesting to speak at the Council Meeting of February 19, 1991, on the topic of "Redding's Finances, Past, Present, and Future." Mr. Gandy stated that he is making this presentation as a private citizen. The presentation of Ward Gandy dated February 12, 1991, is incorporated herein by reference. He states that his criticisms are directed primarily to the office of the City Manager. With regard to past finances, Mr. Gandy states that the budgets for the years 1987-88 through 1990-91 show that budgeted expenses exceed budgeted revenues in each year, and the budgets are materially misleading and a misrepresentation of financial information. Mr. Gandy reviewed the cash status of the various funds that make up the City of Redding's general ledger. Mr. Gandy accuses the City of commingling its cash so overdrafts between funds get covered by cash balances in other funds. He opined that this is a violation of Proposition 13. Mr. Gandy demanded a specific audit of all Enterprise Bond Fund proceeds to verify if borrowing has occurred. Mr. Gandy states that the charging of "rents" to Departments for the proposed Corporation Yard and Civic Center is not logical; and in his 7 2/19/91 opinion, a violation of Proposition 13. With regard to future finances, Mr. Gandy states that the debate is about the low cash balance in the General Fund, no reserves or capital project account in the General Fund, and no reliable source of General Fund revenue available at the present spending level to service the proposed long-term financing of the Corporation Yard and Civic Center. Mr. Gandy submitted a list of eleven questions and areas of investigation as follows: "(1) In the Manager's budget of 1990-91, the total City expenditures were restated for the year 1987-88 to $64,725,324 from $69,970,117 as reported in the 1989-90 budget. The Manager should reconcile in detail, this $5,244,793 restatement of the 1987-88 expended amount; (2) In the 1990-91 budget, the Manager's budget message stated the revisd (sic) budget estimate for 1989-90 was $31,744,630, yet in the same document (page B-30) the revised budgeted revenue was $27,492,030. The Manager should reconcile in detail this $4,282,600 overstatement of revenue; (3) In the "General Fund month end Cash Balances" - Staff should provide a detailed analysis by month of the entries that make up the "other adjustment" amount. Council should be aware of any General Fund borrowing in this category; (4) Because of inappropriate borrowing from the Electric Department Bond Fund in the past, all Enterprise Bond Fund transactions should be audited for the last two years to see if other borrowing has occurred from these funds; (5) With the facts of the Civic Center and Corporation Yard "rents" accurately portrayed; the Council should obtain a legal opinion as to the legality of this "special tax" in relation to Proposition 13; (6) a. The Council should ask if any fully paid assets were used as security for the 1989 and 1990 General Fund Certificates of Participation financing, and (6) b. The Council should ask if any proceeds of these Certificates of Participation were used as working capital in the General Fund; (7) The Council should ask if any department or Enterprise Fund is holding any receivables, work in progress, consulting contracts, or time accumulated by their staff for any planning or work done on the Civic Center or Corporation Yard at December 31, 1990. Each line item of this detailed report should indicate if the expenditure had been charged to a line account in their budget this year or in a previous year or if the amount is being held as an inter-department or interfund receivable or work in progress amount. This receivable may be a memo entry and not show in the books; (8) Because of low cash balances in the General Fund and the inappropriate interfund borrowing of the past, the Council should ask for a detailed list of all activity in the Risk Management Fund, Fund 172, for the last two years. This fund maintains a relatively large cash balance throughout the year and it could be subjeted (sic) to unauthorized "borrowing;" (9) The Council should ask what method of financing is the staff recommending for the Civic Center and the Corporation Yard? Does the staff plan on taking this $80 million financing package to the voters for approval? (10) Where is staff obtaining the $210,000 cash shortfall in the Corporation Yard rent account at June 30, 1991?; (11) Based on the cash position in the General Fund at November 30, 1990 and December 31, 1990, the Council should ask staff to immediately prepare a detailed list of all accounts payable of the General Fund at December 31, 1990. Ask specifically if there were invoices outstanding at December 31, 1990 that were not included in the payables register that you approved in January for December." Howard Kirkpatrick, 3911 Roesner Avenue, said he would like to clarify rumors that he would like to have Bob Christofferson removed from office and take his job. That is not his objective, he does not want the job and he would not take it if it was offered--if it was even vacated. He indicated that he is not running for the office of City Council. However, Mr. Kirkpatrick said he has some serious concerns about City finances. He has spoken to each Council Member over the last three or four years and mentioned that the City was on an economic time bomb, and now the fuse has run out. Mr. Kirkpatrick hoped that Council will take a serious look into the issues. Don Demsher, 4342 Carlow Way, stated that the City of Redding has had very good responsible government for the last twenty-five years because Council and employees have been responsive to the public. City government has been conservative, fiscally responsible, and looked with 8 2/19/91 great care where it spent its money. In the last five years, there has been a great deal of faith on the future paying for the future, and that does not happen. In the decade of the '80s, both Federal and State government were left with a huge deficit. The growth that was encouraged was expected to provide new wealth, but growth barely pays for itself, and a study of this City will show us that is the case. Mr. Demsher stated that the cost of building City Hall should not be paid from the enterprise funds of the City; and if Council should decide to do that, he suggested that the decision be put to a vote of the people. He is not suggesting that a new City Hall is not needed; however, he is not so sure a $35 million City Hall is needed. He clarified that each of them is speaking as an independent person. He said it is time for this City to put its fiscal house in order before making any decisions on a large capital venture. Larry Toney, 2522 Clara Court, stated that he is on the Electric Utility Commission budget subcommittee, although that is not the reason why he is here today. The presentation of Larry Toney dated February 19, 1991, was submitted to Council and is incorporated herein by reference. Mr. Toney explained that he looked at the issues Mr. Gandy brought up and has drawn conclusions a little different than Mr. Gandy has. He noted that some of the information is, at least, misleading; however, on the other side, within the City Manager's reports there are paragraphs that he too has some of these concerns. Mr. Toney reviewed a report by Mr. Christofferson to the City Council which stated that new revenue resources will have to be developed and Council will have to practice off-the-top budgeting to pay for the bonds. He noted that even though the City Manager has called attention to these facts, the bulk of the report deals with a "blue sky" philosophy. He referred to the downtown parking structure loan from the Electric Utility that was not repaid and stated that the advance from the Electric Utility for acquisition of the Boucher property for the Corporation Yard could also be the victim of "blue sky" thinking. Mr. Toney suggested that financial targets for the construction of City Hall and the Corporation Yard buildings be established. The architects should be given parameters so the buildings can be designed within budget constraints. He noted that Mr. Christofferson gave Council a number of warnings, but he did not underline them well enough. Bill Potter, 4100 Cheryl Drive, presented a report to Council dated February 13, 1991, which is incorporated herein by reference. Mr. Potter stated that the Five-Year Financial Plan which Council adopted is incomplete and flawed. He predicted the possibility of massive layoffs and stated that some of the assumptions do not reflect reality. Mr. Potter commented on the various scenarios outlined in the report. He added that the Five-Year Plan will have to be restructured when the softball complex and Enterprise Park Projects come on line. Regarding the Civic Center and the Corporation Yard projects, he said the correlation between the apportionment schedule used for computing rents and the figures represented by the pie graphs do not compute. Mr. Potter added that Benton Landfill closure costs are not included in the plan. He suggested that any long-term plan should address contingent liability for long-term wage contracts, coupled with normal personnel expansion, and use of tax increment financing to fund costs in the redevelopment areas. Mr. Potter commended Council for taking the first step toward a long-term fiscal plan; however, he said he does not believe this is the plan. Council Member Moss said it is a privilege to live in a city that has done so well, and we should try to pull together, with respect, and lay out the problems. He stated that Mr. Gandy will get answers because the answers are there. In the last ten years, the City has been faced with 55% growth, and the County has grown less than 8%. Growth is causing problems because there are more people to serve, and police and fire protection require the sales and property tax which make up most of the general fund. Council Member Moss said Council made the hard decisions, and the business license tax, the rental car agreements at the airport, and the transient occupancy tax were all raised recently. Garbage rates, which 9 2/19/91 have been very low, are going up to pay for Benton Landfill closure costs. He pointed out that Redding's electric utility ratepayers enjoyed $22 million a year in savings because they did not pay PG&E rates. The City is not bankrupt or insolvent. Council Member Moss said an answer to the possible illegality of rental fees charged to enterprise funds is needed. He is proud to be serving on Council and proud of staff and the job they are doing. If the City Manager has made a mistake, which Council Member Moss is not willing to accept at this point, it is certainly not from a lack of integrity or intellect--he has those in abundance. Council Member Fulton stated that Mr. Gandy's presentation came as a surprise; and although there are some good points, it is too pointed and critical of staff. He pointed out that he has served with four city managers and there has always been a variation in style. He noted that Mr. Christofferson has his own style and ideas, but financially speaking, Mr. Christofferson has not led Council down the primrose path as Mr. Gandy would like Council to believe. Mr. Gandy's presentation is not a true picture. He will hold his judgement until staff can respond. Mayor Buffum stated that this kind of democratic process can only happen here, and she is very proud and appreciative of the gentlemen who spoke tonight. It is a privilege to hear someone attack from the perspective of intelligence and documentation and to have the chance to reexamine the issues to see if the City really is on top and take this opportunity to either confirm what is happening or change the approach. The other issues concerning use of electric funds for the downtown parking structure, airport facilities etc., are history that was not openly discussed with the voting community. She noted that it was Mr. Christofferson who informed Council that these kinds of things happened in the past, and she would question if Mr. Christofferson is guilty of using this same process. Mayor Buffum stated that Council should be questioned; and if these kind of decisions are being made, whether out of ignorance, lack of information, or lack of paying attention, then an answer is needed. She commended the people who had the courage to stand up and make the comments. Council Member Dahl said he would like time to digest this information; and the City Manager and Director of Finance, as well as the auditor, Nystrom and Company, would like to review Mr. Gandy's comments and respond. Noting that the City Manager and Director of Finance have been waiting to hear Mr. Gandy's criticisms and concerns, he hoped that there will be open agendas and that criticism not be aimed at individuals. He said there is no evidence to suggest that the City is insolvent or going bankrupt. Mr. Christofferson came to the City after the new Council "majority" took over in 1986, and there has been a lot of change. Council Member Dahl pointed out that Electric Utility funds were borrowed in the 1970's and early 1980's; and some of the people that addressed Council this evening are quite familiar with those issues because they either voted for it or were overseeing those funds at that time. Council Member Dahl stated that Council Members Arness and Dahl are on the Corporation Yard subcommittee, and Council Member Moss and Mayor Buffum are on the City Hall subcommittee, and the costs and funding for these projects are being discussed with staff. There are some unfortunate perceptions here and questions need to be answered. He hoped that the betterment of the community will be kept in mind and everyone would work together constructively. He said it will be prudent to have a response from staff and members of Council. Council Member Arness stated that Council is very aware of the community's concerns about funding for tomorrow's project. He is 100% behind a long-term conservative fiscal policy, and Council is dedicated to holding down expenses. He said Messrs. Demsher, Kirkpatrick, and Pugh were all parties to developing good enterprise plans and this Council does not intend to raid enterprise funds. He affirmed that the funds in the accounts to build those projects at the time they come on line is consistent with Propositions 4 and 13. Council Member Arness said he would like to consider the material, and staff will respond to Mr. Gandy. Regarding Mr. Potter's allegation that staff is 10 2/19/91 contemplating a $40 million City Hall, he said he is considering a $20 million City Hall. It will not be a Taj Mahal, but it should be a long- lived City Hall and Corporation Yard. City Manager Christofferson assured Council that there are full and excellent answers for all of the issues raised. He conveyed that he would have appreciated the opportunity to have given the answers to Mr. Gandy first, and then this appalling amount of misinformation would not have been paraded before the public. Mr. Gandy did not bother to call the City Manager and ask a single question--the only conversation was when the City Manager called Mr. Gandy and asked how staff could be of help. Staff will be pleased to respond to all of these items as soon as possible; and in the meantime, it is unfortunate that it lays on the record and the public will understandably think something is wrong. Every single issue Mr. Gandy has raised will be answered and staff would have liked to have done so earlier. RECESS At the hour of 8:37 p.m., Mayor Buffum called a recess. At the hour of 8:42 p.m., Mayor Buffum reconvened the meeting. 1991 ASPHALT COWBOY RODEO WEEK PARADE (P-010-100) A letter was received from Darrell Schaible, requesting that the parade float inspection fee be waived for the 1991 Asphalt Cowboy Rodeo Week Parade. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to waive the float inspection fee for the 1991 Asphalt Cowboy Rodeo Parade. The Vote: Unanimous Ayes Council Member Fulton noted that Council did not discuss in further detail abolishing the float inspection fee after the fee was first waived last year. City Manager Christofferson confirmed that Council will consider this during budget study sessions. LETTER OF RESIGNATION - Board of Appeals Member John Fitzgerald (B-080-050) A letter of resignation was received from Board of Appeals Member John Fitzgerald as of January 31, 1991 MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to accept the resignation of John Fitzgerald from the Board of Appeals with deep regret and send a letter expressing same. The Vote: Unanimous Ayes SACRAMENTO RIVER TRAIL PEDESTRIAN BRIDGE (P-050-460-700) A letter was received from Calaveras Cement Company stating that the Sacramento River Trail Pedestrian Bridge was one of six winners in the Portland Cement Association's Concrete Bridge Awards for 1990. This was an information item and no action was taken. CHURN CREEK ROAD EXTENSION NO. 2 ASSESSMENT DISTRICT NO. 1990-5 (A-170-120-101) Assistant City Engineer Aasen stated that Churn Creek Road Extension No. 2 is an acquisition type assessment district for the purpose of funding a portion of the cost of extending Churn Creek Road approximately 2100 feet south of Churn Creek Assessment District No. 1. The roadway construction is a part of the connection of Churn Creek Road to the south toward the Dana Drive area. Bond Counsel Sperry, Sturgis, Ness, Brunsell & Sperry, submitted the following documents for adoption. 11 2/19/91 Engineer's Report Resolution MOTION: Made by Council Member Moss, seconded by Council Member Dahl, that Resolution No. 91-85 be adopted, a resolution of the City Council of the City of Redding accepting the Engineer's Report and setting hearing of protests on April 2, 1991 at 7:p.m. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-85 is on file in the office of the City Clerk. Notice of Improvement CONTINUED PUBLIC HEARING - re Appeal of Denial of Tentative Subdivision Map Application S-39-90, Oasis Knolls Subdivision, by Walt Gann (East of Salt Creek and north of Oasis Road) (S-100-550-300) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing re the Appeal of Denial of Tentative Subdivision Map Application S-39-90, Oasis Knolls Subdivision. The following documents are on file in the office of the City Clerk. Notice of Continued Public Hearing Planning Commission recommendation dated February 13, 1991 City Clerk Nichols advised that a letter was received from Don Levenson dated February 18, 1991, stating that he is not opposed to the subdivision, he is only opposed to the method of access to the property. Senior Planner Keaney stated that Walt Gann requested permission to divide 30.8 acres into 92 single-family residential lots. The Planning Commission, by a 4 to 3 vote, denied the subdivision, and Mr. Gann subsequently filed the appeal. Mr. Keaney reviewed the history of the project and explained that the primary issues are access, use of the City's power of eminent domain, opposition by an adjoining property owner to extending Gold Hills Drive through his property, and the location and number of intersections on Oasis Road. Mr. Keaney said the key questions are what is the best street system for the area and should access to the subdivision and other parcels north of Oasis Road be obtained by extending Gold Hills Drive northward from Oasis Road. Mr. Keaney conveyed that Mr. Levenson proposed an alternative option to establish another four-way intersection resulting from the relocation of Gold Hills Drive 400 feet west and establishing the secondary access to Country Homes Planned Development as a four-way intersection. It is the opinion of staff that a second intersection would be too close to the intersection already proposed for this section of Oasis Road. Mr. Keaney reviewed the alternatives and implications. It is the recommendation of staff to uphold the appeal and approve the subdivision subject to the conditions of approval for Oasis Knolls Subdivision. He emphasized that this action is best for the long-term benefit of the community. He added that if Council concurs, Council should also approve Variance Application V-40-90 for a small floodplain encroachment in Salt Creek. Mr. Keaney cautioned that upholding the appeal could mean the use of the City's power of eminent domain. In response to Council Member Arness' questions, Mr. Keaney identified the traffic patterns and projected traffic counts for the area. John Sharrah, representing the Oasis Knolls Subdivision, said the real issue is the question of long-range traffic circulation that was left unanswered by the Planning Commission. He met with Mr. Levenson and the developer of Crystal Estates in November at which time Mr. Levenson unveiled the plan with two access points. Mr. Sharrah said a letter was 12 2/19/91 sent to Mr. Levenson's engineer stating that the plan was an acceptable alternative subject to the following: (1) approval of the City; (2) the property owner to the north served by the second access not incurring any expense in realigning Gold Hills Drive through Mr. Levenson's property, which benefits his development, and (3) no time constraints placed on the subdivision because of any conditions affecting the realignment of Gold Hills Drive. Mr. Sharrah stated that he supports staff's recommendation to uphold the appeal. Arch Pugh, 1300 West Street, representing Don Levenson, stated that staff appears to gloss over the importance of the 1986 decision. Mr. Pugh reviewed the history of the parcel's lot split in 1986 and stated that when the lot split was processed, staff indicated to the parties involved that they should negotiate the access and, hopefully, not use the City and its power of eminent domain. It is not fair to say that was 1986 and staff did not need to consider those types of things because the issue then was a parcel map. The draft conditions do not reference use of eminent domain to provide access to Parcel 4, nor has the applicant requested use of eminent domain. Mr. Pugh said the determination is one of impact of burden and one of sharing, and it is not appropriate for Mr. Levenson's property to bear the full burden of access. Mr. Pugh added that if Council approves the tentative parcel map and the tentative road, Mr. Gann's parcel map is good for one year with a potential extension for another year. There could be a cloud over the Levenson property for two years. He added that Mr. Levenson now has the potential for access on Oasis Road, but by developing Gold Hills Drive to the north, Mr. Levenson will no longer have access onto Oasis Road. Mr. Pugh conveyed that TJKM is preparing a traffic study to comply with the requirements of the Use Permit, and a Caltrans project study report is needed on the Oasis Road interchange for the land use permit program. He explained that three separate studies are being prepared--all of which will address traffic flows in the area and have the potential to realign and change street lines. Regarding the traffic benefit district, Mr. Pugh said the allocation of costs and the benefits have not been fully determined, and there is no reason why an additional signal cannot be funded and become part of the project. Mr. Pugh recalled that he appeared before Council regarding its policy on eminent domain; and at that time, he requested that Council adopt Items 3 and 4 of Planning Director Perry's proposal. In reviewing the adopted resolution, it appears that Council has not adopted Items 3 and 4 in total. A provision relating to an existing access being available to the parcel was left out. He said his intent was, if there was existing access, the Planning Commission should be required to make findings why that access is not the appropriate access and why the access that would require eminent domain would be the appropriate access. Mr. Pugh suggested that Council amend its resolution. Virgil Weld, engineer representing Don Levenson, stated that they have never been and are not now opposed to this project. They are only opposed to the manner in which the access is being taken. Mr. Weld reviewed a map of the area. He reiterated that the project engineers met and agreed on an access they believed would work to the benefit of all property owners. Mr. Weld passed out excerpts from traffic study by TJKM. He outlined parts of the study and questioned when and if traffic signals would be necessary. He briefly outlined what may happen to Gold Hills Drive in the future and how those traffic patterns may affect Oasis Road. Noting that the Planning Commission has been accused of being indecisive, Mr. Weld opined that they are making decisions. The Commission failed to approve the project and chose to deny it instead. If there had been more support for approving the project with the access proposed by the private sector engineers, then perhaps the Commission would have approved the project. Council Member Moss asked what the total acreage of Mr. Levenson's project is. Mr. Weld stated that the total acreage is 80+ acres, and he also referred to a small piece of property that was approximately ten acres. 13 2/19/91 Council Member Moss clarified that the piece of property that is cut off by the road is about two/thirds of an acre. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Arness referenced the spacing of the traffic signals and the different impacts on residential versus commercial areas. He said he is not as concerned about the spacing of the signals as staff is. Council Member Arness noted that if the road that serves the Levenson property is only for the apartments, then the cost of that signal should be born by Mr. Levenson and not spread over a larger area. However, if the road could serve two masters (the apartments and property to the north), the driveway should be treated as a street. Council Member Moss stated that it is poor public land use policy to make less than adequate traffic decisions in order to meet private property lines. Staff made an excellent point that Gold Hills Drive be realigned to the west and traffic conflicts be minimized. He favored staff's recommendation. Council Member Dahl said he does not disagree with Council Member Moss; however, he is inclined to send it back to the Planning Commission because the intersection issue and street pattern have not been resolved. He added that the policy regarding eminent domain can then be reviewed again. 14 2/19/91 Planning Director Perry conveyed that staff backed off on that point because there are parcels that have "legal" access, but the City would not run a street there because access is across a stream or up a steep hill. Staff felt it was too strict in its interpretation, so other conditions were built in to cover it. He indicated that the Commission or Council can take another look at it; but unfortunately, there are exceptions to every rule established. Mr. Perry added that staff tried to be flexible and practical. General discussion about the Planning Commission's decision and traffic patterns was held. Mayor Buffum supported staff's recommendation. She noted that although both sides have good arguments, history is not as strong a reason as the future on which to base good planning decisions. She suggested that the appeal be upheld. MOTION: Made by Council Member Fulton, seconded by Council Member Moss, to uphold the appeal and approve Subdivision Map S-39-90, Oasis Knolls Subdivision, as recommended to the Planning Commission with conditions of approval. Voting was as follows: Ayes: Council Members - Dahl, Fulton, Moss, and Buffum Noes: Council Members - Arness Absent: Council Members - None MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to find the variance criteria to be in evidence and approve Variance Application V-40-90 subject to the conditions of approval and find that Environmental Impact Report EIR-1-87 adequately addresses the environmental impacts of both the subdivision and the variance and find and declare that, as set forth in the Government Code of the State of California, Section 66474, none of the conditions as listed in (a) through (g) exists with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-20-90, by Azi Barzin (1550 Collyer Drive) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing re Rezoning Application RZ-20-90. 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 February 13, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval to rezone a portion of a 6.7 acre parcel to "U" Unclassified District with the stipulation that the development agreement be prepared restricting use to a residential care facility. Mr. Perry submitted a letter from an adjacent property owner, L. Slater, stating that she prefers the proposal to build a retirement home to the construction of multiple-housing units. It is the recommendation of staff to approve RZ-20-90, ratify the negative declaration, and adopt an implementing ordinance after the development agreement is signed. Arch Pugh, 1300 West Street, stated that he represents Azi Barzin in this matter, and offered to answer any questions. Mr. Pugh conveyed that Mr. Barzin is in accord with staff's recommendation. 15 2/19/91 MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Council make the following findings regarding Rezoning Application RZ-20-90: 1. 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 December 19, 1990; and approve Rezoning Application RZ-20-90, by Azi Barzin, in concept, and subject to the stipulation that a development agreement be prepared and signed restricting use to a residential-care facility. The Vote: Unanimous Ayes ORDINANCE NO. 1951 - Hearing, Determination, and Conditions of Maintenance of Dangerous Dogs (A-130-150) MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that the full reading of Ordinance No. 1951 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 Fulton, that Ordinance No. 1951 be adopted, an ordinance of the City Council of the City of Redding amending Section 7.12.052 E of the Redding Municipal Code pertaining to the hearing, determination, and conditions of maintenance of dangerous dogs. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1951 is on file in the office of the City Clerk. ORDINANCE NO. 1952 - Wheeled Devices in Posted Areas (T-080-300) MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that the full reading of Ordinance No. 1952 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 Dahl, that Ordinance No. 1952 be adopted, 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. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1952 is on file in the office of the City Clerk. SHASTA AND TRINITY LAKES (F-200-100) Mayor Buffum stated that she attended a meeting coordinated with the Shasta Trinity National Forest Service, United States Bureau of Reclamation, Shasta Dam Area Public Utilities District, and Wildlife Resources. The Forest Service is requesting the participation of local agencies in the preparation of a study to research and assess economic and other information to help reconsider the priorities for managing the Shasta and Trinity Lakes. The issue of concern is the policy regulating drawdown and resulting water levels during the recreation season, and the economic benefits the surrounding areas will enjoy if higher water levels are maintained from Memorial Day through Labor Day. She asked Council to consider participating in the study and suggested that the 16 2/19/91 matter be referred to the Tourism and Convention Commission for a recommendation. 17 2/19/91 Council Member Moss stated that Shasta and Trinity Lakes should be given a greater priority for recreational and wildlife uses; and noting that some funds have been directed to the study already, he expressed his strong support for the project. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton to refer the request by the U.S. Forest Service to participate in a study of the Shasta and Trinity Lakes to the Tourism and Convention Commission. The Vote: Unanimous Ayes SB2557 - Council Policy (L-040-300) City Manager Christofferson indicated that the Shasta County Board of Supervisors (Board) has taken action to implement the provisions of SB2557 by enacting a booking fee and a property tax administration fee. Because of the substantial activity at the State level to rescind these features of SB2557, Council asked the Board to delay its billing process by 60 to 90 days. The Board has declined to delay the billing process; and the City, therefore, expects to receive a bill for the booking fees in the near future. Staff is also under the impression that a deduction has already been made from the last property tax transmittal. Mr. Christofferson recommended that Council direct staff to delay payment of such bills for the time being and until the situation at the State level is clarified. Mr. Christofferson noted that the League of California Cities requested that a member of Council appear in Sacramento tomorrow morning at a meeting on SB2557. He asked if a Council Member could appear and stated that this could be discussed after the meeting. Mayor Buffum stated that it is the concurrence of Council to delay payment of booking fees and property tax administration fees received from Shasta County for the time being. LEGISLATIVE MATTERS (L-040-300) City Manager Christofferson recommended that Council oppose SB203 which seeks to amend SB2557. He also recommended that Council oppose AB315 which pertains to the housing set aside requirement in redevelopment areas. Mr. Christofferson added that the League of California Cities is asking for "review and comment" on SB229 which would mandate installation of water meters. He asked if Council would like to support SB229. Noting that it is irresponsible to not meter water consumption, Council Member Moss stated that Council should indicate its support for SB229. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to oppose SB203 and AB315, and indicate that, in concept, Council supports legislation such as SB229, and send letters to the appropriate legislators, committees, and the League of California Cities. The Vote: Unanimous Ayes RESOLUTION - Video Taping Agreement with Namaste Productions (A-050-060) City Manager Christofferson recalled that Council directed staff to provide for video taping of the City Council meetings through a contractual arrangement with Namaste Productions. Mr. Christofferson submitted a copy of the agreement to Council for their consideration. He noted that additional sound system equipment and viewing and dubbing equipment may have to be acquired. Noting that there are video monitors available at City Hall, Council Member Arness suggested that new equipment not be purchased at this time. He suggested that the tapes be used to aid the preparation of the Minutes only and destroyed after one month. 18 2/19/91 MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 91-86 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Namaste for taping of meeting services, authorizing the Mayor to sign said Agreement, and authorizing the City Manager to sign future amendments thereto. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-86 is on file in the office of the City Clerk. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to retain the video tapes of the City Council meeting for one month and to use the tapes for the purpose of aiding in the preparation of the Minutes. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-16-88 - One-Year Extension of Ravenwood Estates, Unit 5, 6, and 7, by Jack Brewer, et al. (S-100-614) Council was advised that the Planning Commission approved a one-year extension of Tentative Subdivision Map S-16-88 which granted permission to subdivide 37.5 acres into 54 single-family lots, located north of Highway 44 and adjacent to the Enterprise Skypark, described as Tentative Subdivision Map S-16-88. A map of the area and a copy of the conditions of approval were resubmitted to Council. Mr. Perry stated that one of the conditions of approval requires the developer to construct an off-site extension of Shasta View Drive, and the City will also be participating in this extension of Shasta View north to Old Alturas Road. This was an information item. ORDINANCE - Rezoning Application RZ-2-90, by City of Redding (Between Lake Boulevard and July Way, southeast of St. Nicholas Avenue) (L-010-230) Planning and Community Development Director Perry recalled that Council approved a request to rezone 21 properties to "R3-30-F" Multiple Family Residential District and "CO-B10-20;F" Office District with site-plan- review criteria. The approval was subject to the adoption of General Plan Amendment Application GPA-19-89 which was adopted on April 17, 1990. It is the recommendation of staff to adopt the ordinance implementing RZ-2-90. Council Member Arness offered Ordinance No. 1953 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-2-90). PLANNING AND COMMUNITY DEVELOPMENT MONTHLY STATUS REPORT (A-050-250) Planning Director Perry submitted the Monthly Status Report through January 1991 for the following work areas: (1) annexations; (2) planning and zoning; (3) building and population; (4) landscape design; (5) cable; (6) housing assistance; and (7) redevelopment activity. This was an information item and no action was required. REDDING SOFTBALL AND SPORTS COMPLEX (P-050-600-200 & G-030-010) Planning and Community Development Director Perry reviewed the Report to Council dated February 14, 1991, which is incorporated herein by reference. Mr. Perry stated that Judge Lund made basically five findings in regard to the softball complex: the adequacy of the environmental impact report was upheld; the County's general plan was only advisory; the project must be consistent with the City's general plan; there are certain inadequacies in the City's general plan; and the City is to set aside 19 2/19/91 approval of the project until the defects in the City's general plan are remedied. Mr. Perry noted that the Report to City Council outlines in detail the issues raised by Judge Lund. It is the recommendation of staff to refer the general plan issues raised by Judge Lund to the Planning Commission and Recreation and Parks Commission for recommendation; staff be directed to give this work a high priority and modify work assignments accordingly; and direct that the softball project not have any facilities that would encroach into the 100-year floodplain except walkways, grass, and riparian vegetation. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to refer land use issues raised by Judge Lund to the Planning Commission and the Recreation and Parks Commission for recommendation; direct staff to give work relating to the softball complex a high priority and modify work assignments accordingly; and direct that the softball complex not have any facilities that would encroach into the 100-year floodplain except walkways, grass, and riparian vegetation. The Vote: Unanimous Ayes Council Member Dahl suggested that Council go on record as making the softball complex a high priority and recognize that staff is going to be really stretched. Council Member Dahl asked what the status of updating the land use element is. Mr. Perry conveyed that it is about 80% complete, and in approximately ten days, it will be sent to the Planning Commission for comment. Mayor Buffum reiterated Council Member Dahl's statement and indicated that if the Planning Director needs additional staff, to get it. RESOLUTION - Appropriating Funds for Housing Rehabilitation Program * (B-130-070 & G-100-080) Planning and Community Development Director Perry stated that the U.S. Department of Housing and Urban Development recommended that the level of loan activity in the Homeowner Rehabilitation Loan Program be increased. Staff has increased the marketing of this program and there has been a substantial increase in the level of activity. Since July, a total of 28 loans have been approved, and the 1990-91 budget for this purpose is almost committed. It is the recommendation of staff to allocate an additional $300,000 to the Housing Rehabilitation Program. Funds are available through the Housing Rehabilitation Revolving Loan Fund which is finance by the Community Development Block Grant program and repaid loans. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to adopt Resolution No. 91-81, a resolution of the City Council of the City of Redding approving and adopting the 35th Amendment to the City Budget Resolution No. 90-362 appropriating $300,000 for Housing Rehabilitation Programs. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-81 is on file in the office of the City Clerk. DIESTELHORST LANDING - Enlargement of Third Building in Nonprofit Office Park (C-070-100) Planning and Community Development Director Perry recalled that the McConnell Foundation gave the City a grant to construct a 2,400 square foot building at Diestelhorst Landing for the nonprofit groups, Red Cross and Big Brothers/Big Sisters. The McConnell Foundation then asked if the Foundation could provide an additional $100,000 to expand the building by 1,000 feet to establish a Grant Resource Center to help local nonprofit corporations seeking grants. It is the opinion of staff that a grant resource center would be an asset to the community. 20 2/19/91 Therefore, it is the recommendation of staff to advise the McConnell Foundation of the City's willingness to lease space to a grant resource 21 2/19/91 center, modify the architect's contract to design a larger building, and authorize the Mayor to accept the additional grant, if offered. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to advise the McConnell Foundation of the City's willingness to lease space in the nonprofit office park, Diestelhorst Landing, to a grant resource center, modify the architect's contract to design the third building larger, and authorize the Mayor to accept the additional grant, if it is offered. The Vote: Unanimous Ayes OFFER TO SELL PROPERTY - by Richard Bean (Riverland Drive) (C-070-010) Planning and Community Development Director Perry conveyed that a letter was received from Richard Bean offering to sell or trade land on Riverland Drive to the City. Noting that the property is adjacent to the proposed softball complex, Mr. Perry indicated that the general plan classifies the property as "Greenway," which in his opinion, is the best use of the property. He stated that the owner is asking Shasta County for a general plan amendment to "Commercial" on part of the property. The County has not made a decision at this time; however, the Board will soon hold a public hearing on commercial development in Churn Creek Bottom and final action on this issue is expected in early March. It is the recommendation of staff to not take any action until the County takes final action on the commercial request and ask if any other agency such as the County, the Department of Fish and Game, or the Wildlife Conservation Board, would like to acquire the property. Mr. Perry noted that a state or county agency would not be subject to property tax, and if the County should choose to designate the property commercial, the property owner would probably not want to sell. Council Member Dahl asked why the City does not decline the offer and let the property owner contact the other public agencies directly. Mr. Perry said that can be done; however, his suggestion to have the City contact the other agencies was recommended in order to get the property into an open space area. He said open space is probably the best use of the property. MOTION: Council Member Moss, seconded by Council Member Dahl, to not take action relating to the acquisition of property on Riverside Drive until Shasta County takes final action on the property owner's commercial request and then ask a third party to acquire the property for a greenbelt. The Vote: Unanimous Ayes ORDINANCE - Amending Municipal Code Pertaining to Cardrooms (L-070-030) Police Chief Blankenship recalled that at its meeting of February 5, 1991, Council directed staff to amend the proposed ordinance. Noting that the cardroom ordinance is Lieutenant Byard's project, he conveyed that Lieutenant Byard has been in contact with the attorney for the Casino Club, Mr. Bandell, and there has been some agreement. Noting that two packets have been submitted to Council, Lieutenant Byard referred to the packet dated February 19, 1991, which is the latest revision of the cardroom ordinance. The word "houseplayer" has been deleted from the definition of an employee; the definition of a "Shill" has been deleted, and the term Houseplayer was added to Section 6.14.110 which requires the Houseplayers to wear an identification tag while working. It is the recommendation of staff to offer the ordinance for first reading. Council Member Dahl offered Ordinance No. 1954 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 6, Business Taxes, Licenses, and Regulations, by deleting Chapter 6.14 in its entirety, and substituting therefor a new Chapter 6.14 pertaining to Card Rooms. 22 2/19/91 AIRPORT AGRICULTURAL LEASE - Response to Grand Jury (C-070-100 & A-090-100 Airports Director Ruff referred to the Report to City Council dated February 4, 1991, which is incorporated herein by reference. Mr. Ruff noted that the Grand Jury requested responses from the City Council, City Manager, City Attorney, and Airports Director regarding activities on city-owned land near the Redding Municipal Airport. Mr. Doyle recommended that Council adopt the responses to the Grand Jury outlined in the Report to City Council as a single response from the City Council, City Manager, City Attorney, and Airports Director. He added that there are no more activities happening on the east side of the airport of the kind that generated this issue. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to adopt the report of the Airports Director regarding activities on city-owned land at the Municipal Airport as the response to the Grand Jury by the City Council, City Manager, City Attorney, and the Director of Airports. The Vote: Unanimous Ayes TAXIWAY PROJECT - Redding Municipal Airport (A-090-100) Director of Airports Ruff stated that there is an existing corporate hangar on the west side of the Airport and staff has received a proposal to develop another corporate aircraft hangar. Aircraft operated from the existing hangar and the proposed hangar would be a mix of helicopters and high performance fixed wing aircraft and every effort should be made to separate these aircraft from the smaller general aviation aircraft and T-hangar and outdoor tie-down areas. Mr. Ruff conveyed that a new taxiway would serve to accommodate such aircraft, and the Federal Aviation Agency (FAA) has verbally stated their approval. The estimated cost is $135,000, and the FAA has stated that the project is eligible for Federal AIP funding, and the Caltrans Aeronautics Division has verbally stated that the project is eligible for either full funding or matching funding under their loan program. It is the recommendation of staff and the Airports Commission to approve the project and direct staff to initiate the grant and loan application process. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, to approve the taxiway project at the Municipal Airport and direct staff to initiate the grant and loan application process. The Vote: Unanimous Ayes GROUND LEASE AND CORPORATE AIRCRAFT HANGAR - Redding Municipal Airport (C-070-100 & A-090-100) Airports Director Ruff conveyed that the City received a request from Bill R. Woods for a ground lease and permission to construct a corporate aircraft hangar thereon. The hangar would measure 100' by 80' and be located on the west side of the airport. Mr. Ruff recalled that, under a separate agenda item, staff is requesting the development of a taxiway to serve this area of the airport. It is the recommendation of staff and the Airports Commission to negotiate a ground lease and corporate aircraft hangar construction project with Bill R. Woods. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to direct staff to negotiate a ground lease and a corporate aircraft hangar construction project at the Municipal Airport with Bill R. Woods. The Vote: Unanimous Ayes AIRBORNE EXPRESS - Request for Lease Terminal Space at Municipal Airport (C-070-100 & A-090-100) Airports Director Ruff stated that a request was received from Airborne Express to lease approximately 200 square feet of space within the terminal building at the Municipal Airport for its small package operation. Mr. Ruff noted that the terminal space has been vacant for several years. It is the recommendation of staff and the Airports Commission to direct staff to negotiate a terminal space lease with Airborne Express. 23 2/19/91 MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, to direct staff to negotiate a terminal space lease at Redding Municipal Airport with Airborne Express for a small package operation. The Vote: Unanimous Ayes AIR SHOW '91 - Redding Municipal Airport (A-090-100 & A-110-100) Airports Director Ruff conveyed that the Exchange Club of Redding is requesting permission to hold Air Show '91 at Redding Municipal Airport on June 22-23, 1991, and sell beer and wine at the concessions. The Exchange Club is also requesting permission to serve liquor at the Performer's Party, hosted by the Exchange Club, on the evening of June 22. The Performer's Party is not open to the general public. It is the recommendation of staff and the Airports Commission to approve the requests of the Exchange Club. MOTION: Made by Council Arness, seconded by Council Member Fulton, to approve the requests by the Exchange Club to use the facilities at the Redding Municipal Airport for Airshow '91 on June 22-23, 1991; sell beer and wine at the Airshow '91 concessions, and serve liquor at the Performer's Party on the evening of June 22, 1991. The Vote: Unanimous Ayes RESOLUTION - Establishing Rates for Collection and Removal of Solid Waste (S-020-500) Director of General Services Masingale recalled that at a Special Meeting of the City Council held February 12, 1991, a solid waste rate increase for residential, commercial, and roll-off collection was approved, and a resolution implementing the rate increase and its effective dates is now being submitted to Council for approval. Mr. Masingale added that the billing system will also be changed to eliminate discounts for higher volumes of garbage. Council Member Dahl noted that there is some misunderstanding about the need for a rate increase. He stated that Mr. Masingale prepared a memo which outlines how the automated system has helped to avoid increased rates. Mr. Masingale indicated that for the first five years, the City will save approximately $64,000 per year using the automated system over the manual system. At that point, during the next five to ten years, savings go up to $316,000 per year. He said the purchase of trucks and cans for the automated system were included in the previous rate increase. This rate increase contains only a minimal amount for the purchase of automated refuse cans. The real cost savings appear because the Solid Waste Division has been able to hold down personnel costs to ten employees with a major reduction in workers' compensation and industrial injury claims. Mr. Masingale conveyed that higher tipping fees, the long haul out to the West Central Landfill, construction of a new transfer station, and State mandates for closing Benton landfill, recycling, and household hazardous wastes are driving up costs. He added that implementation of the automated refuse system may allow for future weighing of garbage and will provide a more accurate charge to rate payers. In response to Council Member Dahl's question, Mr. Masingale stated that staff hopes to bring the results of the pilot curbside recycling program to Council in July. Council Member Dahl expressed hope that the City will consider adopting a curbside recycling program. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 91-88 be adopted, a resolution of the City Council of the City of Redding establishing rates for the collection and removal of solid waste pursuant to the provision of Section 9.28.110 of the Redding Municipal Code, and repealing Resolution No. 89-53. 24 2/19/91 Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-88 is on file in the office of the City Clerk. Mayor Buffum stated that Council is not considering stopping the entire recycling program, only the curbside recycling program. RESOLUTION - Amendment No. 1 to Redding Area Bus Authority Joint Powers Agreement (R-010) City Attorney Hays recalled that some question has been raised regarding the legal ability of the Redding Area Bus Authority (RABA) to condemn land for transportation needs. Mr. Hays opined that while Section 7 of the Joint Powers Agreement between Shasta County and the City of Redding, infers that RABA does have the power of eminent domain, it is not specifically written out. Therefore, to eliminate any confusion in this regard, it is the recommendation of staff to adopt Amendment No. 1 to the Joint Exercise of Powers Agreement to give RABA the authority to invoke the power of eminent domain. Mr. Hays added that the Shasta County Board of Supervisors acted to adopt this Amendment to the Joint Powers Agreement at its board meeting today. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Resolution No. 91-89 be adopted, a resolution of the City Council of the City of Redding approving Amendment No. 1 of the Joint Exercise of Power Agreement for the operation of the Redding Area Bus Authority between the City of Redding and the County of Shasta, and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-89 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) Cheyss (Simmex Restaurants, Inc.) 1691 Hilltop Drive ADJOURNMENT There being no further business, at the hour of 11:13 p.m., Mayor Buffum declared the meeting adjourned to 6:30 p.m., February 25, 1991, at the Redding Convention Center, Room 125, 700 Auditorium Drive, for a joint meeting of the Redding City Council, Shasta County Board of Supervisors, and the Anderson City Council. APPROVED: __________________________________ Mayor ATTEST: __________________________________ City Clerk