Loading...
HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-04-161 4/16/91 City Council, Regular Meeting Council Chambers Redding, California April 16, 1991 7:24 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Tom Woods, Station Manager of KVIP Radio. 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, City Treasurer Linville, Director of Public Works Galusha, Director of Planning and Community Development Perry, Director of Electric Utility Lindley, Chief of Police Blankenship, Assistant Finance Director Sundin- Gruber, Director of Parks and Recreation Riley, Director of General Services Masingale, Housing Manager Maurer, Risk Manager Mlinarcik, Assistant City Engineer Aasen, Senior Planner Keaney, Director of Information Systems Kelley, Airports Director Ruff, Traffic Engineer/Planner Will, Housing Supervisor Garrity, Assistant Director- General Services Kohn, Transportation Coordinator Duryee, Management Analyst Sciarra, Housing Specialist Haddox, City Clerk Nichols, Assistant City Clerk Strohmayer and Secretary/Stenographer Rudolph. Mayor Buffum informed the audience that item #4-9-11(a), Recruitment of Fleet Manager, has been moved from the consent calendar to the regular calendar and will now be item 9-11(a). In addition, Item #7, Commission Appointments, was removed and deferred until the meeting of May 7, 1991. Mayor Buffum stated that this is the first meeting which Linda Moscatello has missed in the four years she has been the Secretary to the City Council, and she expressed Council's appreciation of her dedication. Resolution - "Just Say No" Week May 5 - 11, 1991 (A-050-060-600) Mayor Buffum recognized the students from Parsons Junior High School and expressed Council's appreciation of their efforts in the fight against drugs. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 91-149 be adopted, a resolution of the City Council of the City of Redding designating the week of May 5, 1991 as "Just Say No" Week. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-149 is on file in the office of the City Clerk. City Attorney Hays read Resolution No. 91-149 into the record. Resolution - Veterans of Foreign Wars Week June 23 - 29, 1991 (A-050-060-600) MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Resolution No. 91-150 be adopted, a resolution of the City Council of the City of Redding proclaiming the week of June 23, 1991 as Veterans of Foreign Wars Week. Voting was as follows: Ayes: Council Members: Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members: None Absent: Council Members: None Resolution No. 91-150 is on file in the office of the City Clerk. City Clerk Nichols read Resolution No. 91-150 into the record. CONSENT CALENDAR 2 4/16/91 The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Adjourned Meeting of March 12, 1991 Special Meeting of March 12, 1991 Regular Meeting of March 19, 1991 Regular Meeting of April 2, 1991 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 19, check numbers 167617 through 168095 inclusive, in the amount of $2,010,703.32, be approved and paid, and Payroll Register No. 20, check numbers 313891 through 314756 inclusive, in the amount of $1,019,629.87, for the period of March 17, 1991, through March 30, 1991, be approved. TOTAL: $3,030,333.19 Treasurer's Report - March 1991 (A-050-100-600) Total Treasurer's Accountability - $37,096,942.17 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $84,178,264.33 Resolution - Council Policy on Environment, Economic Development and Growth Management (A-050-060-555) It is the recommendation of the City Manager that Resolution No. 91-151 be adopted, a resolution of the City Council of the City of Redding establishing and adopting a policy providing guidelines on the Environment, Economic Development, and Growth Management. Set Public Hearing - re Appeal of Denial of Use Permit UP-11-91, by Pacific Neon (L-010-390) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., May 21, 1991, to consider the appeal of the denial of Use Permit Application UP-11-91, by Pacific Neon, for an off-site sign to be located at 186 Lake Boulevard for the Carl's Jr. restaurant. Set Public Hearing - re General Plan Amendment GPA-4-91, by the City of Redding for the Clover Creek Floodplain (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., May 7, 1991, to consider General Plan Amendment GPA-4- 91, a request to amend the greenway policies and the Municipal Airport Plan as they relate to the Clover Creek floodplain. Set Public Hearing - re Rezoning Application RZ-19-90, by Ted and Judy Young (1411 Branstetter Lane) (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., May 7, 1991, to consider Rezoning Application RZ-19-90, a request to rezone from "U-FP" to "C-3" Heavy Commercial and Light Industrial District and "U-FP" Unclassified District, and to divide the property into nine commercial lots and one residential lot and to fill approximately 2.8 acres of the 100-year floodplain of Olney Creek. Set Public Hearing - re Appeal of Amendment of Tentative Subdivision Map S-15-90, Western Acres Subdivision, by Gloria Myers (East of Saratoga Drive between Templeton Drive and El Verano Street) (S-100-782) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., May 7, 1991, to consider the appeal of Amendment of Tentative Subdivision Map S-15-90 regarding the use of an off-site detention basin. Resolution - 1990 CDBG Grant Agreement Additional Fund Assignment (G-100-030-035) It is the recommendation of the Planning Director that Resolution No. 91- 152 be adopted, a resolution of the City Council of the City of Redding approving an additional Fund Assignment for the Community Development 3 4/16/91 Block Grant (CDBG) Entitlement Grant for the City of Redding and authorizing the City Manager to sign same. 4 4/16/91 Award of Bid - Bid Schedule No. 2429, Transportation and Disposal of PCB Contaminated Items (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2429, transportation and disposal of PCB contaminated items, be awarded to the low bidder, S. D. Myers Inc, in the amount of $28,510.00. Funds for this purchase are included in the 1990/91 budget. Resolution - Purchase of PG&E's Electric Facilities in the Placer Road Area, Annexation 89-8 (E-090-020 & A-150-214) It is the recommendation of the Electric Utility Director that Resolution No. 91-153 be adopted, a resolution of the City Council of the City of Redding approving Purchase and Sale Agreement No. CDA 12937 between Pacific Gas and Electric Company and the City of Redding covering the electric distribution facilities of Pacific Gas and Electric Company within the unincorporated area known as "Placer Road Annexation No. 89-8", and authorizing the Mayor to sign all necessary documentation. Funds for this purchase, $6,128 (including $1,138 for severance), are included in the 1990/91 Capital Improvement Program (CIP) as part of the 1989 Electric System Project Financing Program. Resolution - Purchase of PG&E's Electric Facilities in the Airstrip Road Area, Annexation 89-9 (E-090-020 & A-150-215) It is the recommendation of the Electric Utility Director that Resolution No. 91-154 be adopted, a resolution of the City Council of the City of Redding approving Purchase and Sale Agreement No. CDA 12936 between Pacific Gas and Electric Company and the City of Redding covering the electric distribution facilities of Pacific Gas and Electric Company within the unincorporated area known as "Airstrip Road Area Annexation 89- 9", and authorizing the Mayor to sign all necessary documentation. Funds for this purchase, $58,849 (including $3,509 for severance), are included in the 1990/91 Capital Improvement Program (CIP) as part of the 1989 Electric System Project Financing Program. Resolution - Appropriating Funds for Workers' Compensation and Liability Actuarial Services (B-130-070 & R-100-550) It is the recommendation of the Risk Manager that Resolution No. 91-155 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 47th amendment to the City Budget Resolution No. 90-362 appropriating $8,800 for Risk Management studies. Benton Aviation Day Request (A-090-020) It is the recommendation of the Airports Director that the request from the Benton Experimental Aircraft Association (EAA) Chapter 157 to conduct Aviation Day 1991 at Benton Airport on June 16, 1991, commencing at 7:00 a.m. until mid-afternoon, be approved contingent upon proof of adequate insurance coverage. Award of Bid - Bid Schedule No. 2452, Purchase of One 3/4 Ton Cargo Van (B-050-100) It is the recommendation of the General Services Director that Bid Schedule No. 2452, purchase of one 3/4 ton cargo van, be awarded to the evaluated low bidder, Fremont Ford, in the amount of $13,953.84. Funds for this purchase are included in the 1990/91 budget. Award of Bid - Bid Schedule No. 2453, One Ton Diesel Pickup with Extended Cab (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2453, one ton diesel pickup with extended cab, be awarded to the low bidder, Rodway Chevrolet, in the amount of $16,646.09. Funds for this purchase are included in the 1990/91 budget. Acceptance of Improvements - McVey Lot Split, LS-88-89 (northeast corner of Girvan Road and Creekside Drive) (L-010-150) It is the recommendation of the Public Works Director that improvements for 5 4/16/91 Lot Split LS-88-89, by developers Mr. and Mrs. McVey, be accepted as satisfactorily completed. Acceptance of Public Service Easements - East Ridge Estates Subdivision, Tract No. 1731, Units 2 and 3 (C-070-010 & W-020-500) It is the recommendation of the Public Works Director that the 15 foot public service easement shown on East Ridge Estates Subdivision, Tract No. 1731, Units 2 and 3, be accepted by the City, and the City Clerk be authorized to sign the final maps accepting those easements dedicated on the maps. Acceptance of Public Service Easements - Ridgecrest Estates Subdivision, Tract No. 1729 (C-070-010 & W-020-500) It is the recommendation of the Public Works Director that the 15 foot public service easement shown on Ridgecrest Estates Subdivision, Tract No. 1729, be accepted by the City, and the City Clerk be authorized to sign the final maps accepting those easements dedicated on the maps. Resolution - Cooperative Agreement for Shasta View/SR44 Interchange (S-050-100-600) It is the recommendation of the Public Works Director that Resolution No. 91-156 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign Cooperative Agreement No. 02206-260551 by and between the City of Redding, the County of Shasta, and the State of California, through its Department of Transportation, for construction of the Shasta View Drive/SR44 Interchange (project). Resolution - Sale of Permanent Drainage Easement to Caltrans for Shasta View/SR44 Interchange (S-050-100-600 & C-070-200) It is the recommendation of the Public Works Director that Resolution No. 91-157 be adopted, a resolution of the City Council of the City of Redding approving the sale of a permanent drainage easement, for the sum of $850.00, to Caltrans for the Shasta View Drive/SR44 interchange, and authorizing the Mayor to sign the necessary documentation, including an easement deed, on behalf of the City. Resolution - Purchase of Aerators for Clear Creek Wastewater Treatment Plant (B-050-100 & W-010-450) It is the recommendation of the Public Works Director that Resolution No. 91-158 be adopted, a resolution of the City Council of the City of Redding authorizing the bypass of the formal bidding process; awarding a contract to Industrial Electric Service Company (Anderson, CA) (single vendor) for the purchase of two complete Eurodrive aerators in the amount of $30,729.40; and authorizing the City Manager to sign the necessary documentation. Funds for this purchase are included in the 1990/91 budget. Award of Bid - Bid Schedule No. 2441, Construction of Redding Municipal Airport Security Fence AIP Project No. 3-06-0194-11 * (B-050-020 & A-090-100 & G-100-070-095) It is the recommendation of the Public Works Director that Bid Schedule No. 2441 (Job No. 9119), construction of Redding Municipal Airport security fence AIP Project No. 3-06-0194-11, be awarded to the low bidder, Anchor Fence Co., in the amount of $175,420.35 and an additional $26,313.00 be approved to cover the cost of engineering and inspection fees and contract change orders, for a total of $201,733.35. Funds for this project are included in the 1990/91 budget. Award of Bid - Bid Schedule No. 2451, Tractor with Mower Attachment (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2451 (Job No. 9078-51), be awarded to the low bidder, Smith Equipment, in the amount of $45,547.14. Funds for this purchase are included in the 1990/91 budget. Resolution - Transferring Funds to Increase Capacity of Nicolet Storm Drain (East of Bonnyview Road and north of Nicolet Lane) 6 4/16/91 * (B-130-070 & S-070-300) It is the recommendation of the Public Works Director that Resolution No. 91-159 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 48th amendment to the City Budget Resolution No. 90-362 transferring $7,200 for installation of a 24-inch storm drain at Nicolet and East Bonnyview. The developer, North State Constructors, has agreed to participate in the cost of increasing the capacity of the Nicolet Storm Drain in lieu of storm drain improvements previously required of them. Based on the developer's estimate, staff has determined the City's "fair share" of the overall cost is not to exceed $7,200. Resolution - Abatement Proceedings at 1801 Willis Street (1814/1818 Grace Avenue) owned by Jon Malcolm Benoist, Robert Joe Golenor and Claudette E. Golenor (A-030-070) It is the recommendation of the City Attorney that Resolution No. 91-160 be adopted, a resolution of the City Council of the City of Redding of rescinding Resolution No. 91-98, and declaring its intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 1801 Willis Street (1814/1818 Grace Avenue), owned by Jon Malcolm Benoist (as to an undivided 1/2 interest), Robert Joe Golenor and Claudette E. Golenor, his wife (as to an undivided 1/2 interest). MOTION: Made by Council Member Dahl, seconded by Council Member Moss, 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. 91-151, 91-152, 91-153, 91-154, 91-155, 91-156, 91-157, 91-158, 91-159, and 91-160 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Petition - re Special Sewer Assessment Proceedings in the El Cedro Avenue and Ricardo Avenue Area (A-170-100) City Clerk Nichols conveyed that a petition was received for special sewer assessment proceedings in the El Cedro Avenue and Ricardo Avenue Area. It is the recommendation of staff that this item be referred to staff for review. Mayor Buffum referred the issue of a special sewer assessment in the El Cedro Avenue and Ricardo Avenue Area to Public Works Director Galusha for review. Petition from Starlite Mobile Estates - re Increased Garbage Collection Rates (S-020-500) City Clerk Nichols explained that a petition was received from Starlight Mobile Estates regarding the new garbage collection rates and read the petition into the record. It is the recommendation of staff that this item be referred back to staff for review. Mayor Buffum commented that Council is aware that senior citizens are probably light users of the City's garbage services and staff is looking into other alternatives of charging based on actual use. She indicated that the City of Seattle is considering charging for garbage services on a per pound basis and asked that the item be referred to staff, with a recommendation back to Council. Council Member Moss conveyed that staff should make a serious effort of accommodating the essence of this request and rewarding those individuals who recycle and who do not create a large volume of garbage. Although the City, at this time, does not have a mechanism of weighing garbage by the 7 4/16/91 pound, he felt staff should work towards this, particularly in the case of mobile home parks. 8 4/16/91 MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to refer the petition from the residents of Starlite Mobile Estates regarding the new garbage collection rates to the General Services Department for review, with a recommendation back to Council. The Vote: Unanimous Ayes Presentation - By Brad Onorato on Behalf of Senator Mike Thompson (A-050-060) Mayor Buffum introduced Brad Onorato of Senator Mike Thompson's office. On behalf of Senator Thompson, Mr. Onorato thanked the Council for the opportunity to address them. He explained that he and Melinda Brown are responsible for covering Shasta and Tehama Counties. He indicated that Senator Thompson's top priority is ensuring personalized delivery of constituent services to all residences of his eight county district and the local government bodies. He stressed that Council and City officials should feel free to call upon Mr. Thompson's office for assistance at any time. He commented that Mr. Thompson's recent Policy Committee assignments are expected to play a major role in determining the future of Northern California's health and economy and are as follows: Agriculture and Water, Health and Human Services, Banking and Commerce, Veterans Affairs and Local Government. Senator Thompson has also been appointed Chairman of the Senate Water Marketing Committee, a key legislative policy committee, with jurisdiction over State water transfers. Senator Thompson feels these assignments are the first strategic step in helping his Rural A County District battle current budget cuts, agricultural disasters, and drought conditions. Mr. Onorato also informed the Council of the upcoming Senate Elections and Reapportionment Hearing on the 1991 Redistricting Plan for this part of State to be held on April 19, 1991, in the City Council Chambers from 9:30 a.m. to 1:00 p.m. PUBLIC HEARING - re Appeal of Lot Split Application LS-103-90 and Use Permit Application UP-94-90, by Gasamat Corporation * (L-010-150 & L-010-410) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing re appeal of Lot Split Application LS-103-90 and Use Permit Application UP-94-90, by Gasamat Corporation. 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 March 12, 1991 City Clerk Nichols advised that no protests were received. Senior Planner Keaney recalled that the Planning Commission approved Use Permit Application UP-94-90 and Lot Split Application LS-103-90 granting Stanford and Teri Campbell permission to divide 3.4 acres into four commercial lots and to develop a 24,800 square foot office building and two 300 seat restaurants. As a result of traffic problems already existing at the intersection of Henderson Road and Hartnell Avenue, and the additional impacts to traffic as a result of the project, the conditions of approval require the construction of a median on Hartnell Avenue with the first building. Subsequent development will be restricted until a second access is provided south of Henderson Road or Parkview Avenue. The appellant feels that the construction of a median on Hartnell Avenue will affect the operation of the service station. Mr. Keaney explained that it is the opinion of staff that a median will ultimately be necessary, regardless of the type of development. It is the recommendation of staff that Council deny the appeal and uphold the conditions of Use Permit UP-94-90 and Lot Split LS-103-90, as approved by the Planning Commission. 9 4/16/91 Mayor Buffum indicated she understands the need for the median; however, once the median is completed, what are the alternatives for getting back out once a right turn is made from Cypress Avenue. Planning and Community Development Director Perry explained that it will depend on the time of day; however, most people will either come back out through the shopping center, or continue south on Hartnell and make a U- turn. Mayor Buffum stated she does not feel the Parkview bridge provides an outlet, as its completion is a few years away, and for that matter, might not be built, and making a U-turn on a busy street does not make good sense. Mr. Keaney said staff reviewed the possibility of adding an additional lane, however, the width of the street would not allow for this. Although not encouraged, it is felt that U-turns off a street with a median and a left turn pocket are safer than trying to cross four lanes of traffic, with traffic blocking at least two of the four lanes. Council Member Moss asked if the City's Circulation Element includes a connection between Henderson and Parkview Avenue. Planning Director Perry indicated that the Circulation Element does not include this connection. He also explained that when the abandonment was done at the time Hartnell was put through, the City did not want to have the problems they are currently facing in regards to a residential neighborhood to the South, with businesses along both side of the street. The main reason Parkview was put through to Henderson was to eliminate congestion close to Cypress Avenue. At the same time, the possibility of making this a one way street with a right turn only was considered, but was not completed due to opposition by people of the area; therefore, the solution was to leave it open, thus causing the current traffic problem. Council Member Dahl opined that Council has two poor solutions before them for consideration, and the best option of the two appears to be the median strip that staff has recommended. Don Maddox, representing Gasamat Oil Corporation of Colorado, stated that the appeal of his client is based on the negative declaration and the fact that it will, in part, be detrimental and injurious to their property. He commented that other businesses in the surrounding area will not be as severely impacted due to their specialty, however, gas stations are available on almost every corner. With the installation of the median, it is felt that the negative impact on Gasamat's volume will approach close to 50%, with minimum impact projected at 40%. Mr. Maddox stated the only alternative he wishes Council to consider is to delay the construction of the median pending more traffic data, or perhaps a phase in approach based on project involvement. He also recommended the possibility of a right turn only sign, as it seems to work in other areas. Mr. Maddox questioned the fairness of the Planning Commission's decision. He stated that when Hartnell was put through and the island that existed was annexed into the City, the problem was not addressed at that time and is now creating a very bad effect on his client's business. Virgil Weld, Civil Engineer with Weld, Brower and Associates, representing the original applicant, indicated his client has no quarrel with Gasamat's request for a deferral of the median installation. However, if Council decides to grant this request, he asked that a deferral agreement be entered into, rather than a City contract, pending justification of the median installation. He stated they realize there is potential loss of business for this particular facility; however, the increased traffic flow will possibly help to offset some of the business loss due to the station's accessibility. Mayor Buffum asked if either staff or the Planning Commission had looked at the possible deferment of the median. 10 4/16/91 Mr. Perry indicated that the possibility of deferment was considered and the Planning Commission chose to proceed with the requirement for the installation of the median at this time. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Fulton opined that there is no question that Gasamat's access is going to be severely compromised by the median; however, as previously stated, there is not a good alternative and he does not know how to circumvent the issue. Council Member Dahl commented that he does not want to see the project held up by this issue and asked Mr. Perry his opinion regarding the suggested Deferral Agreement. Mr. Perry responded that it still comes back to the question of when to require the median. In order to avoid the issue coming back before Council, he suggested that, if Council accepts the deferral, a time be set for the median to be installed. Council Member Arness stated he supported the Planning Commission's decision. Council Member Fulton inquired as to Mr. Maddox's purpose in requesting a delay in the median installation. Mr. Perry explained that Gasamat's request basically provides more time to operate at the current business volume and allows for a slower decline in business. Council Member Dahl stated that it appears there is going to be a need for a median, however, he is not totally convinced that is the case. The deferral, if nothing else, will allow the project to move forward, give staff time to quantify some of the traffic theories, and provide a slower decline in Gasamat's business. Traffic Engineer/Planner Will explained that there are currently three to four broadsides a year occurring at Henderson, which is still low, however, when the figure reaches approximately five, something will need to be done. Also, there is broadside pattern developing at the north drive way. In response to Mayor Buffum, Mr. Will stated it is his position that the median should be installed now. Council Member Arness suggested the placement of a sign stating that between the hours of 4:00 p.m. and 6:00 p.m., right turns only are permitted. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, to uphold the appeal and modify the conditions to require the median upon the construction of Phase II or to meet traffic warrants. The voting was as follows: Ayes: Council Members - Dahl, Fulton, and Buffum Noes: Council Members - Arness and Moss Absent: Council Members - None PUBLIC HEARING - re Abandonment Application A-1-91, by Craig Miller (West side of Lakeside Drive approximately 150 feet north of the intersection of Mt. Ashland Avenue and Lakeside Drive) (A-010-100) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing re Abandonment Application A-1-91. 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 Affidavit of Posting - Notice of Public Hearing Planning Commission recommendation dated March 12, 1991 11 4/16/91 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval of a request by Craig Miller to abandon approximately 30 feet of street right-of-way along Lakeside Drive near Westgate Subdivision, Unit 4. It is the recommendation of both the Planning Commission and staff that Council approve the abandonment in concept, subject to the owner entering into an agreement to install curb, gutter, sidewalk, public service easement and relocation of an existing water line. Mayor Buffum determined that there were no comments from the floor. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Council make the following findings regarding Abandonment Application A-1-91: 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 Redding Planning Commission on February 13, 1991; and, direct staff, upon execution of a development agreement to comply with the conditions of approval, to prepare a resolution of abandonment for Council's adoption. The Vote: Unanimous Ayes PUBLIC HEARING - re Housing Element Revision (G-030-070) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing regarding the Housing Element Revision. The following documents are on file in the office of the City Clerk. Affidavit of Publication - Notice of Public Hearing City Clerk Nichols advised that no protests were received. Housing Specialist Haddox explained that State law requires that the City Council conduct at least one public hearing before it takes formal action on a general plan amendment. The purpose of the hearing is to allow citizens in the community the opportunity to comment on either the draft amended Housing Element or the environmental impact of the Element. The amended Element was prepared in accordance with State guidelines, with all written comments received to date attached. The content and scope of the analysis contained in the revised Element, as well as the conclusions drawn therein, have been studied by the State during two separate review periods. The State's comments and suggestions have been incorporated into this Element. It is felt that the amended Element substantially complies with State housing element law. Upon adoption, the State will conduct a final review of the document and send written comments on the adopted element. It is the recommendation of staff that the City Council hold a public hearing, and following the hearing, that Council adopt the amended Housing Element. Mike Braden, 1855 Edgeview Drive, Legislative Chairman for the Shasta County Board of Realtors, stated he has concerns primarily with items #15 and #16 of the Housing Element. Mr. Braden indicated that item #15 states, "explore the feasibility of establishing inclusionary housing regulations within the development 12 4/16/91 approval process." He commented that this is a dangerous situation and involves private property rights. Inclusionary housing in itself is asking a developer to provide low income housing in a particular housing tract. In order for this to be accomplished, either the housing costs of those houses 13 4/16/91 being sold to the public must be raised and the cost of the remaining houses reduced, or substandard housing constructed in the same subdivision. He opined that this type of government action does not work well. Mr. Braden inquired as to what controls are in place when someone builds 40 houses, with 4 being designated as low income and sold for 25% less; are the profits of the new homeowner reduced when he in turn decides to sell. Items such as this, plus those mentioned in his letter to the Department of Planning dated April 8, 1991, incorporated herein by reference, are of concern. Item #16 states, "consider the use of referendum authority granted by the local electorate in order to allow the City to directly develop and own low income housing." Mr. Braden stated he is against public owned housing and has seen what it has done in large cities such as New York. He opined that it is not the City's job to get into the housing market, but the job of private industry. Robert Bryzman, 1370 West Street, staff attorney for Legal Services of Northern California, presented Council with a letter dated April 16, 1991, incorporated herein by reference, outlining their concerns in regards to the Housing Element Revision. Legal Services of Northern California is concerned about the low income population which they represent and the failure of the Housing Element to adequately assess the needs of the low income population of Redding and the proposed process of implementing the Housing Element objectives. Mr. Bryzman opined that substandard housing in this community has been significantly underestimated in this Housing Element and the methodology used does not come to terms with the direct experience of people involved in working with individuals who are low income or with low income housing. He urged Council to review this process. Mr. Bryzman related that the Housing Element underestimates the present and future population of the very low and low income families. He stressed that the Housing Element itself indicates that employment in the Redding community leans toward low wage service sector employment, which means that as the population grows, even though employed full time, it will still be considered low income, if not very low income. Mr. Bryzman pointed out that while the Housing Element hopes for an increased contribution by the federal government to help with the needs of the very low and low income population, the reality of the current situation is that government assistance is not occurring. In fact, a danger exists that some of the current subsidized housing units will revert back to market rate without any significant effort on the part of the federal government to address the issue. Mr. Bryzman opined that an inclusionary zoning ordinance is an essential element in getting the private sector to contribute towards alleviating the problem of affordable housing to very low and low income families. He also indicated a desire to see more redevelopment projects set aside money targeted at the most needy part of the community in terms of housing. Mr. Bryzman also indicated that the Health and Safety Code provides for strong measures which can be taken by the locality in terms of code enforcement relating to substandard housing repairs and the imposition of penalties for failure to comply. Costs relating to this code enforcement are recoverable from the private individual ordered to make the required repairs. Ann Williams, Director of People of Progress, indicated that she has two major areas of concern in regards to the Housing Element. One is the methodology used in determining the scope of need, particularly in the case of very low income families. Based on the City's definition, those families living in by-the-month motels are not considered homeless. However, based on the County's definition, these same families are considered homeless. There are roughly 275 to 300 motel units utilized on a by-the-month basis, with families paying 90-110% of their monthly income. For families paying 14 4/16/91 110% of their income for a month's rent, one week out of the month they are considered homeless. Many of these families are large and have not been able to access affordable housing. Ms. Williams stated her other area of concern is that the Housing Element seems to rely on money which no longer exists. One example of this is in regards to the rehabilitation of mobile homes for very low income families, of which social service special circumstance funding is cited as a source of funds. There has been, however, no money in the special circumstance fund since last November and probably won't be, as it is not on the Governor's funding list. Another source of State funding cited is the Social Services Homeless Assistance Program, which appears on the Governor's funding list as $0.00. She suggested that because there is a good chance that this proposed funding will not exist that it be treated as such. By doing so, services to some 1,800 families will be eliminated. According to Ms. Williams, another area that is going to undergo some serious budget cutting is the State Emergency Shelter Program. In all likelihood that because a bond initiative has not been passed since last June, and all available money has been exhausted, there will be no State Emergency Shelter Program funding until another bond initiative is passed, with funding available 10-12 months later. Therefore, she asked Council to take a realistic look at what funding is being counted on and described as viable sources. In conclusion, Ms. Williams stated that it is critical that the City has a clear picture of what the scope of needs are for the very low income families. These people have a higher mortality rate, a higher need for court services and who end up with repeated police calls and other sorts of very costly social services. In response to Council Member Moss, Ms. Williams indicated that the 1,800 families previously mentioned are assisted by the Social Services Homeless Assistance Program, which provides a temporary emergency shelter grant which allows a family up to three weeks in a motel in order to find affordable housing. The second form of assistance is called Permanent Homeless Assistance and provides a check to cover last month's rent and deposits. This program also appears in Governor Wilson's budget as $0.00. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that the public hearing be closed. The Vote: Unanimous Ayes In response to Council Member Arness, Planning and Community Development Director Perry indicated that the Housing Element is to be updated every five years and was last completed in 1984 and adopted in 1985; therefore, it is currently one and a half years behind. He also indicated that the City will be required to update the Housing Element again in 1992 to reflect the new census data. Council Member Arness stated he understands Mr. Braden's concerns and prefers the City not become involved in the housing market and leave it to the private sector. He also indicated he understands the concerns raised the fact that the private sector is not making affordable housing available to the very low and low income families. Mr. Perry stated Mr. Braden was correct when he stated that the goals of the past housing element never materialized. This was because of the City's own views and feelings that Redding was not the right community for this type of housing and it is not listed as a goal in the Housing Element. He indicated that staff tries to give Council some flexibility, as there is always uncertainty as to what State mandates are going to be. The main goal, however, is to provide housing. When the Housing Element is revised, staff describes the sources of funding at that time. With the current Federal and State budget problems, these are going to be in a constant state of change. Mayor Buffum remarked that Mr. Perry had presented a good defense for the fact that things are changing on a daily and hourly basis, therefore, staff is required to work with what is known. She felt that issues on both the State and Federal level will be in a constant state of change the next several months. 15 4/16/91 16 4/16/91 Council Member Moss explained that the issues Mr. Braden has raised have been included in the Housing Element since approximately 1969 or 1970. He indicated that he felt these items added flexibility, which makes the general plan more adequate, whether or not the intent or goal is to utilize that particular authority. He stated he has no concern over leaving these items in the plan. MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that Council make the following findings regarding the revised Housing Element: 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 Redding Planning Commission on March 12, 1991. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that Resolution No. 91-161 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting a revised Housing Element. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-161 is on file in the office of the City Clerk. Mayor Buffum commented that a large portion of Mr. Bryzman's argument was based on the continuance of low income wage earners. She stated that the Economic Development Corporation is actively working to bring better mid- range and moderate paying jobs to the area and she hopes that future actions are not based on worst case projections. Council Member Moss conveyed that he hopes the community will not take this action as a signal that Council does not give a lot of credence to the community's problems. He related that he feels the general plan has the adequacy to address these problems and funding can be found. PUBLIC HEARING - re 1991-92 Community Development Block Grant Program (G-100-030-036) The hour of 7:00 p.m. having arrived, Mayor Buffum opened the public hearing re 1991-92 Community Development Block Grant Program. The following documents are on file in the office of the City Clerk. Affidavit of Publication - Notice of Public Hearing City Clerk Nichols advised that no protests were received. Housing Manager Maurer recounted that in the spring of 1990, the City Council approved projects that would be funded during the second year with an estimated budget of $402,000. Since that time, the Department of Housing and Urban Development has notified the City that the grant amount will be $453,000, an increase of $51,000. This additional grant amount, plus $7,200 in program income, allowed the Community Development Advisory Committee to consider additional projects for the program year 1991-92. Ms. Maurer explained that the Committee used the matrix scoring system which was developed and used successfully during last year's funding cycle. Ms. Maurer summarized the Committee's 1991-92 program recommendations as outlined in the Report to City Council dated April 16, 1991, and incorporated herein by reference. Ms. Maurer explained that the Committee requested that special consideration be given to the following: MLK Park Project, GIS Phase II, and Community Needs Assessment. 17 4/16/91 Ms. Maurer recounted that last year the Committee expressed some concerns over funding MLK Park because of safety issues involving children residing in the area. An Ad Hoc Committee was established to study the safety conditions and the following recommendations were made: 1) Upgrade the existing lighting fixtures; and 2) The $25,000 in approved funding for South City Park improvements be reallocated and an additional $2,800 be given to the MLK Park lighting project. Ms. Maurer stated the Committee considers the Planning Department's GIS System a valuable tool for the City; however, due to limited funding, it is requested that Council provide other resources in the amount of $11,750, to be added to the $13,250 from CDBG funds for this project. In regards to Community Needs Assessment, Ms. Maurer explained that during the development of the CDBG Program in 1974, the advisory committee went through a comprehensive process of addressing community development needs and prioritizing funding to solve these needs. Competition for these funds is keen and requests are far exceeding the amount available, and as a result, the Committee has determined it would be to the City's advantage to develop an assessment of needs to be used during future funding cycles. This would be developed by the Committee over the next few months and submitted to Council for consideration. The Committee is requesting $2,500 to pay for additional advertising costs to support its development. CDBG regulations require that a Comprehensive Housing Affordability Strategy be developed before October, 1991, and the Community Needs Assessment will assist staff in the development of this study. It is the recommendation of the Community Development Advisory Committee and staff that Council approve the Proposed Statement and Community Development Objectives and Projected Use of Funds for 1991-92 and the Community Development Plan and adopt the resolution authorizing the City Manager to file the 1991 CDBG Final Statement with the Department of Housing and Urban Development. In response to Council Member Moss, Planning and Community Development Director Perry indicated that planning activities are eligible for funding; and it is a way of developing the GIS system without going back to the general fund. Mr. Perry stated that the City's matching funds are not an issue this evening, but will be considered when during budget sessions. In response to Mayor Buffum, Mr. Perry indicated that the GIS System is related to the system currently being utilized by the Economic Development Corporation (EDC), however, the GIS System is more sophisticated. Assistant City Manager McMurry commented that the EDC's system is smaller and much more focused. A lot of the data developed by the City will eventually go on the EDC's system to help expand and enhance their system. In response to Council Member Moss, Ms. Maurer explained that when federal legislation first created CDBG funding, the major focus was the preservation of neighborhoods. In the early 1980's, public service type activities were allowed as an eligible expense; and when revenue sharing was cut, federal legislation allowed 15% of the total grant amount to be used for public service type activities. Council Member Dahl commented that in previous budget discussions, the issue of whether to spend funds on economic development activities has been discussed. He believed the intent is to promote economic activity to solve social problems, as opposed to assuming a social program exists and keep pouring money into it. He also responded to Council Member Moss' statement that the general fund is already severely impacted by fees imposed upon the City by the County, and he endorses the approach that is being taken, including the revolving loan fund to assist in technical development. Chester Szymanski, 2169 Jupiter Terrace, explained that he is acting as the spokesperson for approximately 12 families in his neighborhood. These families are concerned about the affect low income housing has on the neighborhood and the type of individuals it draws into the area. There is no neighborhood preservation associated with designated low income housing. Someone needs to be responsible for maintaining standards 18 4/16/91 consistent with the neighborhood, as this is not presently occurring, i.e. there are cars and trash in yards, yards are unmowed. Calls are regularly made to the Police Department because of domestic violence. As citizens of Redding, his neighborhood is concerned that something needs to be done to preserve the quality of the neighborhoods which have designated low income housing. Mr. Perry indicated to Mr. Szymanski that the Community Development Block Grant Program will not solve his problems; however, the issues described might be dealt with through existing City ordinances and City personnel. He also indicated that activity is occurring in the general area of his residence both through the revolving loan fund and the City's Redevelopment Agency. He suggested that if there is a housing problem in his area, to contact either Housing Manager Maurer or himself to discuss the issues. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that the Proposed Statement of Community Development Objectives and Projected Use of Funds for 1991-92 and the Community Development Plan be approved, and that Resolution No. 91-162 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file a final statement of community development objectives and projected use of funds for $453,000.00 with the Department of Housing and Urban Development. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-162 is on file in the office of the City Clerk. ORDINANCE NO. 1957 - Drought Management Plan (W-030-075) MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that the full reading of Ordinance No. 1957 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. 1957 be adopted, an ordinance of the City Council of the City of Redding amending Title 14, Utilities, of the Redding Municipal Code by adding Chapter 14.09, Drought Management Plan. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1957 is on file in the office of the City Clerk. ORDINANCE NO. 1958 - Business License Violations (L-070-100) MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that the full reading of Ordinance No. 1958 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that Ordinance No. 1958 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.02 of Title 6, Business Taxes, Licenses and Regulations, of the Redding Municipal Code by adding section 6.02.190, Violations - Infractions. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1958 is on file in the office of the City Clerk. 19 4/16/91 SUBCOMMITTEE REVIEWS OF CORPORATION YARD PLAN AND CITY HALL DESIGN PROCESS * (C-050-025 & C-050-100-040) Council Member Dahl recounted that the purpose of the subcommittee is to review the preliminary plans for the proposed Corporation Yard, with the objective of reviewing the design and reducing costs if at all possible. After several meetings, the following changes are being recommended: 1) The deletion or deferral of 13,500 square feet of police storage, 14,700 square feet of museum storage, and 6,000 square feet at the fire station; and 2) The cost of office space be reduced from the initial estimate of $100 to $75 per square foot. Council Member Dahl stated that although it will result in a cost increase for the City Hall project, it is believed that by locating the Electric Department's administrative and engineering functions at City Hall, rather than the Corporation Yard, it will better serve the long-range interests of the City through better service to the public and better teamwork among City departments. As the Corporation Yard project is expected to be completed prior to the City Hall project, a transitional arrangement may be appropriate under which the Electric Department's field operations are moved to the Corporation Yard and administrative and engineering functions retained at the Heather Lane facility until the City Hall is completed. Council Member Dahl indicated that based on preliminary cost estimates, the subcommittee's proposed changes will result in a reduction of approximately $3,717,000 in the Corporation Yard project and some of these costs will be transferred to the City Hall project. Off-site costs are not included in the preliminary estimates, and staff should be directed to be alert to other savings that may become feasible as actual floor plans are developed. Two additional cost estimates, each more accurate than the previous one, will be received prior to the bidding stage, which is the ultimate cost estimate. It is the recommendation of the Corporation Yard subcommittee that Council endorse the proposed modifications in respect to the Corporation Yard project. In response to Council Member Fulton, Council Member Dahl indicated that the storage space in question can either be eliminated or deferred until a later time to allow for proper evaluation of the need. He opined that because the sphere of influence in the City of Redding is 100 square miles, a long term master plan is needed in regards to fire stations. Council Member Arness reiterated that this should not be considered a reduction, just a postponement. Council Member Fulton indicated he would like to hear why the Electric Department does not wish to be located at City Hall. Council Member Dahl reiterated that both teamwork and efficiency will be better served if the Electric Department is part of the City team at City Hall. The same logic can be extended to the Public Works Department and the location of their field operations at the Corporation Yard. Director of Electric Utility Lindley indicated that he submitted a memorandum to the Committee for review and consideration, and in order to be consistent with the Public Works Department, that if Council elects to split the department, that the field crews and general foremen be located at the Corporation Yard. In response to Council Member Fulton, Mr. Lindley indicated it is not his personal preference to be located at City Hall, but he will serve at the pleasure of the City Council. Mayor Buffum related that the purpose of the subcommittee is to review the City Hall design process, including space programming, preliminary site planning, and proposed constructions costs, with a view towards determining whether to continue with the present design process or to recommend alternatives. The subcommittee has met with the architectural team, City staff, and other parties to review progress, design schemes and philosophies, alternative site configurations, and conducted site visits to eight city halls in the Bay Area. Mayor Buffum explained that the present design team of Nichols, Melburg & Rossetto/Anshen + Allen/SWA Group, was selected on September 13, 1987. 20 4/16/91 The design team developed the present site plan, completed the space programming study, and is prepared to go forward with the schematic design phase of the project. She said a question was raised as to whether a new Request for Proposal (RFP) should be issued for a "final design" team prior to embarking on the schematic design phase. Mayor Buffum stated that the design process on the new City Hall has taken a great deal longer than anticipated, however, this delay cannot be attributed to the design team. If a new RFP process were to be undertaken, there would be more delays, and it is unlikely the new design team would avail itself of any significant part of the work already done and, much of the $147,000 spent on design to date would be duplicated. Mayor Buffum said the Subcommittee believes that the design team's values and architectural concepts for the new City Hall are reflective of those of Council. The design team is cognizant of the necessity for a cost effective solution, and is committed to produce a City Hall which the City of Redding can be justifiably proud. It is the Subcommittee's recommendation that staff be directed to proceed to the schematic design phase with Nichols, Melburg, & Rossetto/Anshen + Allen/SWA Group. Council Member Moss indicated that, although not his first choice, he is satisfied with the siting of City Hall at Parkview Avenue. He reiterated that going through an RFP process will hold up the project at least an additional year. Mayor Buffum stated that the enthusiasm of the design team has been inspiring, and the ideas associated with the redevelopment, refurbishing and regreening of the Parkview site are exciting. Council Member Moss opined that as a result of the green belting to be done from Highway 273 to the river, the end product will be superior to anything that could have been accomplished at Benton Ranch. Director of Planning and Community Development Perry indicated that as estimates on the two projects are received, they will be reviewed with the subcommittees. The subcommittees will, in turn, make its recommendation back to City Council. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to approve the recommendations of the Corporation Yard Subcommittee in deleting police and museum storage space, reducing the size of the fire station, locating the administrative and engineering functions of the Electric Department at the new City Hall, and reducing the estimated cost of office space to $75 per square foot at the proposed Corporation Yard; and the recommendation of the City Hall Subcommittee in proceeding to the schematic design phase with the firm of Nichols, Melburg & Rossetto/Anshen + Allen/SWA Group for the City Hall project. The Vote: Unanimous Ayes Council Member Moss noted that the Police Department is now widely dispersed in various locations, and he believes the advisability of deferring construction on the new Police Administration building is remote. Council Member Dahl commented that the new Public Safety Task Force will be looking at the long term location of new fire halls. FOLLOW-UP REPORT ON BOOKING FEES (P-150-150) Assistant City Manager McMurry indicated that the City has not yet paid the County's bill for booking fees, and the City notified the County in writing that it does not agree with the charges. Mr. McMurry said the City is still awaiting the outcome of the City of Anderson's discussions with the County. Anderson City Manager, Bill Murphy, indicated they are still trying to arrange a meeting time with the County. Anderson has indicated there are a number of offsets in terms of services which Anderson provides to the County, and Mr. Murphy would like to discuss these services offsetting the booking fees. He hopes to arrange a meeting within the next two weeks. 21 4/16/91 Mr. McMurry stated that last week the Senate Local Government Committee dealt with SB2557, which initially imposed the booking fee requirement. The Committee called for the outright repeal of SB2557 and offered a replacement source of revenue. In addition, the Committee dealt with SB203, which does not offer a replacement source of revenue for Counties, and contains a provision that makes the property tax administration fees apply to such agencies as the Redding Redevelopment Agency. It is the recommendation of staff that Council maintain its present course of action and await the outcome of the legislative process, as well as continue to support the City of Anderson. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, to maintain the City's present course of action and await the outcome of the legislative process and continue to support the City of Anderson in its efforts to meet with the County regarding a possible fee reduction. The Vote: Unanimous Ayes LEGISLATIVE MATTERS (L-040-300) Assistant City Manager McMurry recommended that Council oppose the following bills: 1) AB883, which will have the effect of holding a public entity liable for the failure of an employee to perform a ministerial or mandatory act in the issuance of a permit, license, or other entitlement; 2) SB508, which will require local agencies, which acquire land on or after January 1, 1992, to notify all other local agencies "within the boundaries of where the land is situated" before such land is developed; 3) SB495 attempts to define the de minimis exception and imposes new requirements relating to the California Environmental Quality Act process; and 4) SB1144 is designed to prohibit the issuance of a permit to any airport with a runway within two miles of a public elementary or secondary school site. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, authorizing the Mayor to send the appropriate letters to the appropriate committees and legislators opposing AB883, SB508, SB495 and SB1144. The Vote: Unanimous Ayes IBEW LOCAL 1245 - Set Closed Session Regarding Meet and Confer Process (P-100-050-070) Assistant City Manager McMurry related that negotiations have commenced with IBEW Local 1245 for a new contract covering the Electric Unit. As both parties have submitted their initial list of requests, it is now necessary to conduct a closed session to instruct negotiators how to proceed. In order to expedite negotiations, it is preferable to have a closed session prior to the May 7, 1991, Council meeting. It is the recommendation of staff that a special meeting be held for the purpose of holding a closed session be scheduled. With the concurrence of Council, Mayor Buffum stated a closed session will be held April 30, 1991, following the joint meeting with Planning Commission and the Traffic and Parking Commission, for the purpose of discussing IBEW Local 1245 labor negotiations. FEES TO IMPLEMENT AB 3158 - FISH AND GAME FEES (S-050-230) Director of Planning and Community Development Perry explained that the recent enactment of AB 3158 requires that the Department of Fish and Game (DFG) impose and collect filing fees to defray the cost of managing and protecting fish and wildlife resources. The legislation, which became effective January 1, 1991, specifies that the fees are to be collected during a project's environmental review process and are required to be paid at the time the City and other lead agencies file a "Notice of Determination" with the County Clerk. The fees, which are applicable to City projects, as well as private developments, amount to $1,250 for each negative declaration and $850 for each EIR. 22 4/16/91 Mr. Perry indicated that projects which do not have any impact are not intended to pay the fee and are referred to as "de minimis" projects. Lead agencies are given the responsibility of making the determination that environmental impacts will not result from a project and must provide findings of fact to DFG, which requires the City to complete the requisite paperwork (Certificate of Exemptions) and forward it to the County Clerk. It is the recommendation of staff that a fee in the amount of $20 be established to cover the costs of complying with the requirements of AB 3158. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to establish a fee in the amount of $20 to cover staff costs associated with AB 3158 requirements, and instruct the City Attorney to prepare the necessary resolution for Council's consideration at the May 7, 1991 meeting. The Vote: Unanimous Ayes AMENDMENT TO TENTATIVE SUBDIVISION MAP S-27-90 - Quartz Ridge Heights Subdivision, by Fred Willis * (S-100-609-500 & S-100-604) Council was advised that the Planning Commission has granted permission to amend the approved maps for both the Quartz Ridge Heights Subdivision and the River Parks Highlands Subdivision. The main request concerns the realignment of River Park Drive from the River Park Highlands Subdivision northward into the Quartz Ridge Heights Subdivision. In addition, five lots were added to the Quartz Ridge Heights Subdivision, and several other lots were redesigned. A one-year extension for the River Park Highlands Subdivision was also included. A map of the area, the amended portion of the two maps, and conditions of approval were submitted to Council. This was an information item and no action was required. PLANNING AND COMMUNITY DEVELOPMENT MONTHLY STATUS REPORT (A-050-250) Director of Planning and Community Development Perry submitted the Monthly Status Report through March, 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 Agency. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-20-89 - Bonnyview Estates II, by Harrell Davis, Roger Cowling, et al (S-100-050) Council was advised that the Planning Commission has granted permission to subdivide 23.4 acres into 47 single-family residential lots, located on the west side of East Bonnyview Road, generally between Nicolet Lane and Pioneer Lane, described as Tentative Subdivision Map S-20-89, Bonnyview Estates II. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-5-90 - Crownview Subdivision, by Kal Mittry (S-100-488) Council was advised that the Planning Commission has granted permission to subdivide 20 acres into 18 single-family residential lots, located north of Quartz Hill Road at the terminus of Herbscenta Road, described as Tentative Subdivision Map S-5-90, Crownview Subdivision. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-57-90 - Bethel Church Subdivision, by Bethel Church (S-100-040-500) Council was advised that the Planning Commission has granted permission to subdivide 70.6 acres into nine multiple-family lots and one large lot to be developed with a church facility, located at the southeast corner of the intersection of Interstate 5 and Highway 299E, described as Tentative Subdivision Map S-57-90, Bethel Church Subdivision. A map of the area and 23 4/16/91 a copy of the conditions of approval were submitted to Council. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-1-91 - Lancer Hills Estates, Unit 3, by Creative Living (S-100-433) Council was advised that the Planning Commission has granted permission to create 11 fourplex lots and a 7-acre remainder, located at the eastern end of Burton Drive where Browning Street and Lancers Lane intersect, described as Tentative Subdivision Map S-1-91, Lancer Hills Estates Subdivision, Unit 3. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-5-91 - Stanford Manor, by Jaxon Baker (S-100-705-860) Council was advised that the Planning Commission has granted permission to subdivide 10.75 acres into 16 single-family lots, located south of Quartz Hill Road and River Ridge Park Subdivision, described as Tentative Subdivision Map S-5-91. Access to the lots is via an off-site extension of River Ridge Drive through River Ridge Park Subdivision, S-7-90. The interior streets of S-7-90 include the extension required of S-5-91, therefore, the subdivider who proceeds first will be responsible for the intervening street. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item and no action was required. LANDSCAPE MAINTENANCE DISTRICTS AND NEIGHBORHOOD PARKS - re Bella Vista Water District (W-030-700-020 & A-170-075 & P-050) Planning and Community Development Director Perry recalled that in 1987 a policy was instituted which required the formation of landscape maintenance districts in conjunction with the approval of certain subdivisions prior to recording of a final map. To date, Council has approved the formation of 13 districts, and the Planning Department is processing 12 additional districts, four of which are served by the Bella Vista Water District. Mr. Perry explained, that in conjunction with subdivision approvals, the City requires either the dedication of a park site or the payment of in- lieu fees. Under State law, in-lieu park fees must be spent within five years from collection in a manner that benefits the residents of the area from which the fees were collected. Due to the present drought situation, Mr. Perry stated that the Bella Vista Water District has issued a moratorium on new water meters for landscape maintenance districts and neighborhood parks. The City presented the Water District with its low-water-management policy that is designed into the landscape districts; however, the Water District's response is "no change in present policy." Mr. Perry related that an average landscape maintenance district, on an annual basis, is about 0.18 household equivalent and a neighborhood park is approximately 4.34 household equivalents. The City is currently exploring the possibility of selling the District the equivalent of 3,700 household equivalents without restriction. Currently, the District has about 1,000 lots and 800 customers in the City. It is the recommendation of staff that if a sale of water to Bella Vista occurs, that it be conditioned upon providing meters and water for landscape districts and park. If a sale of water does not occur, it is recommended that the City form the landscape district, levy an assessment of $0.00 per lot for fiscal year 1991-92, and require a yearly security deposit or bond from the developer for the entire landscape improvements until such time as the landscaping improvements are installed. If the landscape improvements are installed prior to June 30, 1992, the developer shall be required to maintain the district until June 30, 1992, with a portion of the securities withheld to guarantee maintenance costs. It 24 4/16/91 will also be required that irrigating systems be installed with the subdivision; defer planting until water is available; and require a bond for plants, their installation and maintenance. Council Member Arness stated his opposition of the sale of water to Bella Vista Water District for the purpose of landscape districts and neighborhood parks. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to pursue the sale of water to Bella Vista Water District conditioned upon providing meters and water for landscape districts and parks. If the sale of water does not occur, permit the district to be formed, an assessment of $0.00 be levied for fiscal year 1991-92, and a yearly security deposit or bond be required from the developer for the entire landscape improvements until such time as the landscaping improvements are installed. In addition require that irrigating systems be installed with the subdivision, planting be deferred until water is available and a bond be required for plants, their installation and maintenance. The Vote: Unanimous Ayes BUENAVENTURA BOULEVARD/PLACER STREET LAND EXCHANGE PROPOSAL FROM FHK COMPANIES (C-070-010 & C-070-200) Planning and Community Development Director Perry recalled that at its meeting of March 19, 1991, Council directed staff to begin marketing the City-owned surplus property located at Buenaventura and Placer Street, adjacent to the old Benton landfill. Prior to the property being publicly listed for sale, an offer was received from The FHK Companies of Sacramento to exchange the Redding Drive-In Theater property for the City- owned commercial property at Buenaventura Boulevard and Placer Street. While no value was stated for the drive-in property, the property is of comparable size and zoning. The City's property has been appraised at $1,235,000. Because of the location of the Redding Drive-In Theater in relation to Benton Ranch, staff felt the offer should be reviewed with Council to determine what course of action is to be pursued. It is the recommendation of staff that a bid period be initiated and run from April 22 - May 22, with all offers being presented to Council at the June 4, 1991 meeting. Staff will contact The FHK Companies and others who have expressed an interest in the property informing them of the bid procedure. Mayor Buffum opined that it would be to the City's advantage to explore the exchange of property issue prior to initiating a formal bid process. She indicated it would provide an anchor for the Benton Ranch property, as well as providing access to North Market Street. In response to Council Member Moss, Mr. Perry explained that a fair market value appraisal would be completed on both pieces of property, and the party with the low appraisal would be required to make up the difference. Dr. Fulton stated that in a time when the City is hard pressed for money, he would rather see the property sold and the money used for current obligations. Mayor Buffum remarked that she agreed with Council Member Fulton that the money is currently needed; however, due to the City's limited sphere of influence and the City's rapid growth, the possibility of a property exchange should be pursued. She indicated it will be costly for the City today, but will be very visionary in 50 to 100 years, and, if possible, the City should take advantage of this offer. Council Member Dahl expressed his agreement with Mayor Buffum and stated that the City should move forward with negotiations for a possible land exchange. He opined that this property acquisition will fall into the master plan of preserving the river front properties; however, it will not be appreciated for 50 to 60 years. Council Member Moss conveyed that at least two consultants interviewed for the River Front Master Plan asked about the possibility of acquiring the 25 4/16/91 drive-in site and the mobile home park. He agreed with Council Member Fulton concerning trying to do too much at one time, however, stated he would rather be guilty of trying to do too much, than too little. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to delay the marketing of the surplus property at Buenaventura Boulevard and Placer Street and negotiate with The FHK Companies regarding the proposed property exchange for the Redding Drive-In property. Voting was as follows: Ayes: Council Members - Arness, Dahl, Moss, and Buffum Noes: Council Members - Fulton Absent: Council Members - None 26 4/16/91 SULPHUR CREEK PARK - re Recommendation from River and Waterways Commission (P-050 & R-200) Planning and Community Development Director Perry explained that because the Day Camp at Sulphur Creek Park has not been developed as originally anticipated, the Bureau of Land Management (BLM) is requesting the City to develop an action plan for the property. Since the property was acquired, sewer, water and electric lines have been extended to the area. In response to the Recreation and Parks Commission's recommendation of letting the land revert back to BLM, the River and Waterways Commission is requesting that Council request BLM for an extension of time in order to seek alternative uses of the site. As liaison to the River and Waterways Commission, Mayor Buffum explained that the reason for the extension is to allow time to study the ability of keeping Sulphur Creek wet year round. If feasible, this would enhance the care of Sulphur Creek and also change its nature as it goes through Benton Ranch. Council Member Arness opined that there are very real problems associated with Sulphur Creek and would not recommend requesting an extension from BLM, but to proceed with the recommendation from the Recreation and Parks Commission. Council Member Dahl remarked that he understood Council Member Arness' concerns; however, he does not see any harm in seeking an extension to allow the River and Waterways Commission time to develop an alternate use of the land. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to request the Bureau of Land Management to grant an extension of the City's action plan in regards to Sulphur Creek Park. Voting was as follows: Ayes: Council Members: Dahl, Fulton, Moss and Buffum Noes: Council Members: Arness Absent: Council Members: None LAKE REDDING PROJECT - re Appeal of FERC Rejection of License Application (E-120-050) Electric Utility Director Lindley recalled that on April 3, 1991, the Director of the Office of Hydropower Licensing issued an order denying the City's license application for the Lake Redding Project. Reasons of "major, unavoidable, adverse long-term impacts on the anadromous fishery in the upper Sacramento River basin" were cited. Along with the order came the Environmental Assessment on the project citing the same concerns. The City has until May 3, 1991 to appeal the license application; after this date, the order of record will stand. Mr. Lindley indicated that the Electric Utility Commission (EUC) and the Electric Department agree that the development of the Lake Redding project will be beneficial for the citizens of Redding. He indicated that staff's position remains consistent and recommends that Council authorize the expenditure of funds, not to exceed $10,000, to appeal the decision. It is staff's position that the project can work along side the fishery in the upper Sacramento River and will provide a major benefit to the citizens of Redding. Mr. Lindley further explained that the rejection of the application was based on an application and design approximately 10 years old. A new design is being considered that will significantly reduce the cost of the project and provide a better mitigation for the environmental concerns. The rejection is also based on environmental data which is approximately five years old, and it is not believed the last submittal of data was used in regards to the current decision. Azi Barzin, Chairman of the EUC, read the EUC's recommendation dated April 12, 1991, incorporated herein by reference, into the record as follows: On review, the Electric Utility Commission (EUC) believes this project would be a useful addition to the long-term energy requirements of the City. The economic of the project are 27 4/16/91 positive despite the FERC's conclusions. However, the environmental issues, specifically the winter run salmon are not mitigable to FERC's satisfaction at this point in time. The EUC recommends the FERC Office of Hydro Licensing Director's rejection of our license application not be appealed. However, we would alert the City Council that others might file on this project and we suggest that the City should be in a position to protect its interest. Mayor Buffum inquired as to the possibility of another entity, such as Santa Clara, filing on this type of project. Mr. Barzin explained that another entity will have the same problem the City is currently facing, however, they do not have the worry of being elected by a constituency residing in Redding. Should an entity such as Santa Clara acquire the project, the City of Redding will still have a legal obligation to transfer power to the nearest major power line, thereby, placing the City of Redding in the driver's seat as to the charge associated with this transmittal of power. In response to Mayor Buffum, Mr. Barzin replied that he did not see another entity filing on the project as a real threat, however, this position can change as events occur, such as if the salmon were to become extinct. Council Member Arness related that in 1984 the City purchased $64,000 worth of PG&E power, and it is estimated that in the year 2009 the City will purchase $100,000,000 worth of power. Because the City is not able to acquire the necessary resources, the constituency residing in Redding will be paying a higher bill. He opined that the Fish and Game Department has too much power, and is not accountable to some 64,000 people residing within the City limits. He opined that this is a good project. Council Member Fulton related that even if the application had been approved, the project has never had a chance of developing due to its many negative aspects and possible litigation issues. Council Member Moss stated that the City has limited resources in time, money and staff energy and opined that both the Lake Redding and Lake Red Bluff projects are a waste of these resources and are damaging to the City's credibility. He stated that by dropping the Lake Redding, and hopefully Lake Red Bluff projects, the City can establish more credibility with the necessary resource agencies being dealt with in order to move forward with projects of more merit, such as the Spring Creek Pumped Storage Project. He indicated his support of the application's rejection. Council Member Dahl commented that Council has always felt the project is economically feasible, but it is just not politically feasible. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the FERC Office of Hydro Licensing Director's rejection of the City of Redding's license application be accepted and not appealed. The Vote: Unanimous Ayes Mr. Lindley clarified that if another entity were to file a license application, the City would only have 120 days to respond with its own license application. He indicated this would place the City in a difficult position, as it is estimated it will take 6 to 10 months to prepare a proper application. Council Member Moss commended the EUC for its excellent recommendation, as it was wise and to the point. RESOLUTION - Authorizing Renewal of Liability Claims Administration Contract (R-100-500-100) Risk Manager Mlinarcik explained that Gregory B. Bragg and Associates have administered the City's liability claims program since April, 1986, and their current contract expires April 21, 1991. Mr. Mlinarcik conveyed that Nick Cali, an independent claims consultant who prepared an audit for 28 4/16/91 the California Joint Powers Risk Management Authority stated that "the City of 29 4/16/91 Redding should continue to anticipate above-average liability claim administration from Bragg and Associates." Mr. Mlinarcik submitted a three-year contract with Bragg & Associates for Council's consideration, and outlined the cost of services. He noted that Bragg & Associate's rates have been very close to the national average. It is the recommendation of staff that Council renew the contract with Gregory B. Bragg and Associates for a three year term. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that resolution No. 91-163 be adopted, a resolution of the City Council of the City of Redding approving the "Liability Services Agreement" between the City of Redding and Gregory B. Bragg & Associates, Inc. for the period of April 21, 1991 through April 20, 1994 and authorizing the Mayor to sign on behalf of the City. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-163 is on file in the office of the City Clerk. ORDINANCE - Taxicab Drivers Permit Qualifications - Chief of Police Approval (L-100-500-100) Chief Blankenship explained that Redding Municipal Code Section 6.32.220 concerning taxicab drivers currently requires the City Clerk to screen applicants and determine if the applicant should be issued a driver's permit. Although the ordinance requires the applicant to be of "good moral character" and not addicted to drugs or alcohol, the City Clerk does not have the ability to check the applicant's criminal record. Chief Blankenship stated it is essential that taxicab drivers be persons of "good character" who will not endanger the public interests and safety. The amended ordinance will establish guidelines to help assure that taxicab drivers are of "good character" by defining crimes which would make a person ineligible for a permit. The revisions will also require the Chief of Police to determine if an applicant is of "good character" prior to the issuance of a permit by the City Clerk. Chief Blankenship outlined that the recommended qualifications to obtain a taxicab drivers permit. He indicated that the applicants would be finger printed at no charge to the applicant; and the Chief of Police will have the ability to waive any of the restrictions and grant a permit. It is the recommendation of the Police Department to introduce the Taxicab Driver's Permit Qualification - Chief of Police Approval Ordinance for first reading. In response to Mayor Buffum, Chief Blankenship explained that it is not legal to expose a person's criminal record to the public. In response to Council Member Dahl, Chief Blankenship replied that the taxicab owners were told the proposed ordinance is generally the same as current procedures, and to his knowledge the taxi cab companies do not oppose the new ordinance. In response to Nancy Brezina, owner of Redding Yellow Cab, Chief Blankenship replied stated he needed to clarify if the fingerprinting would, in fact, be done at no charge to the applicant, and if not, that particular section may need to be amended. Mr. Finnel, Owner of ABC Cab, 9225 Placer Street, stated that portions of the proposed ordinance are not acceptable to him. He argued that currently an applicant is not screened by the City Clerk, but that an applicant's permit is ultimately determined by Chief Blankenship. He indicated that both ABC and Yellow Cab have their own pre-requisite qualifications to ensure only persons of "good character" are driving for their companies. He also related that is hard to find persons who, within the past 5 years, have not been convicted of an offense, which is current City code, let alone 10 years. He stated he would like to arrange a time 30 4/16/91 for Mrs. Brezina and himself to meet with Chief Blankenship to discuss these issues. Chief Blankenship clarified that the present code states the City Clerk screens an applicant, the City Clerk does not do criminal histories. He opined that there was confusion on the part of the taxicab owners and indicated his willingness to meet prior to the next Council meeting to discuss their concerns. City Clerk Nichols stated she concurs with Chief Blankenship's recommendation. She indicated that she will, however, need to discuss with Chief Blankenship the issue of the fingerprint fee, as she does not feel the City should absorb this cost. Council Member Fulton offered Ordinance No. 1959 for first reading, an ordinance of the City Council of the City of Redding amending Section 6.32.220 of the Redding Municipal Code pertaining to a driver's permit- qualifications; Police Chief approval. FIXED BASE OPERATOR "REQUEST FOR PROPOSAL" PROCESS RECOMMENDATION (A-090-100) Airports Director Ruff explained that the City has provided the opportunity for a second full-service fixed base operator (FBO) at Redding Municipal Airport by seeking a qualified firm through a request for proposal process. Two proposals were received, one from Jack N. Kilpatrick, Redding Aero Enterprises, and one from Michael J. Rust, The Hangar. Both proposals met the qualifications set forth in the RFP, and each underwent a thorough evaluation. It is the recommendation of both the RFP Review Panel and the Airports Commission that Council approve the recommendation of Jack N. Kilpatrick dba Redding Aero Enterprises as the successful proposer, and direct staff to proceed with negotiations and to submit a final negotiated Lease and Operating Permit for Council approval. MOTION: Made by Council Member Moss, seconded by Council Member Arness, approving Jack N. Kilpatrick dba Redding Aero Enterprises as the successful proposer regarding a full-service fixed base operator at Redding Municipal Airport and to direct staff to proceed with negotiations and that a final negotiated Lease and Operating Permit be submitted to Council for approval. The Vote: Unanimous Ayes RESOLUTION - FAA Funded Projects (Municipal Airport); Short Notice from FAA of Possibility for AIP Discretionary Funding (C-100-070-095 & A-090-100) Airports Director Ruff explained that approximately three weeks ago, John Pfeifer, Manager of the FAA Airports District Office in Burlingame, called concerning the possibility of a significant amount of discretionary funds being available for Redding Municipal Airport on a very short notice. He asked if approximately $2,000,000 of discretionary funds could be made available on a short notice during this year, could a project program be presented to absorb these funds, could matching funds be insured, and could a total Preapplication package be provided by the end of April. The answer from staff was a strong "yes". Mr. Ruff stated that due to time constraints, it was necessary to look at projects that are "on the shelf" and ready to go. It is the recommendation of staff and the Airports Commission that Council adopt a resolution authorizing the filing of a Federal Grant Preapplication for Discretionary Airport Improvement Program (AIP) grant monies to accomplish the following capital projects at Redding Municipal Airport: 1) Taxiway Construction Project; 2) Land Acquisition, Three Parcels; 3) Parallel Taxiway "D" Extension; 4) Master Plan Update; 5) ARFF Station Modular Unit; and 6) Land Acquisition, Four Parcels. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that Resolution No. 91-164 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a Federal Grant Preapplication for Discretionary Airport Improvement Program (AIP) grant monies to accomplish capital projects at Redding Municipal Airport, and 31 4/16/91 authorizing the City Manager to execute the Preapplication and all subsequent documentation to obtain FAA grant monies and State loan matching funds. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-164 is on file in the office of the City Clerk. RESOLUTION - Fuel Flowage Fee Adjustment for Municipal and Benton Airports (A-090-100 & A-090-020) Airports Director Ruff explained that the current fuel flowage fee being charged at the City Airports of $.05 per gallon is a rate below the average used by airports of similar size. Applying a Consumer Price Index (CPI) adjustment, using the period of October 1, 1985 to April, 1991, will raise the current fee from $.05 to $.06 per gallon. Based upon CY 1990 usage, this will increase the Redding Municipal Airport's fuel flowage annual revenue from $82,000 to $98,500 and Benton's fuel flowage annual revenue from $16,000 to $19,000. In addition, this increase will provide an interim adjustment, based primarily upon inflation, until an overall airports rates and fee analysis can be performed. It is the opinion of staff and the Airports Commission that a CPI adjustment is the most reasonable, fair and equitable interim change. Therefore, it is the recommendation of both staff and the Airports Commission that Council adopt the resolution approving the fuel flowage fee increase, utilizing a CPI adjustment. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 91-165 be adopted, a resolution of the City Council of the City of Redding approving increased fuel flowage fees at Redding Municipal Airport and Benton Airpark, on an interim basis, utilizing a Consumer Price Index (CPI) adjustment. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-165 is on file in the office of the City Clerk. RESOLUTION - Landing Fee Adjustment for Municipal and Benton Airports (A-090-100 & A-090-020) Airports Director Ruff explained that landing fees are a primary source of revenue for airports. The fee is assessed on a per 1,000 lbs. of aircraft certified maximum gross takeoff weight (CMGTW) for any aircraft weighing 12,500 lbs. or greater or for any regularly scheduled passenger or cargo aircraft regardless of weight. He indicated that Redding also employs a Schedule of Landing Fees for government contracted fire-fighting aircraft. Mr. Ruff explained that applying a Consumer Price Index (CPI) adjustment, using the period of January 1, 1986 to April, 1991, will raise the current fee from $.50 to $.61 per 1,000 lbs. Dependent upon aircraft weight, CMGTW and the fire-fighting aircraft will be increased to $18.45, $24.60, $27.67 and $30.75 respectively per landing. This will increase Redding Municipal Airport's annual landing fee revenue from $81,000 to $100,000 and Benton's annual landing fee revenue from $500 to $600. In addition, this increase will provide an interim adjustment, based primarily upon inflation, until an overall airports rates and fee analysis can be performed. It is the opinion of staff and the Airports Commission that a CPI adjustment is the most reasonable, fair and equitable interim change. Therefore, it is the recommendation of both staff and the Airports Commission that Council adopt the resolution approving the landing fee increase, of utilizing a CPI adjustment. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 91-166 be adopted, a resolution of the City Council of the City of Redding approving increased aircraft landing fees at Redding 32 4/16/91 Municipal Airport and Benton Airpark, on an interim basis, utilizing a Consumer Price Index (CPI) adjustment. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-166 is on file in the office of the City Clerk. ELIMINATION OF SMOKING WITHIN PUBLIC AREAS OF THE LOWER LEVEL OF THE MUNICIPAL AIRPORT PASSENGER TERMINAL (A-090-100) Airports Director Ruff related that there are designated "smoking areas" within the lower level of the Redding Municipal Airport passenger terminal at both the north and south ends. However, the combination of the terminal size and its air handling system is such that terminal employees are constantly annoyed and imposed upon by tobacco smoke from these areas. This is a clear indication that members of the traveling public are annoyed as well. In addition, many people ignore the areas and smoke where they please. It is the recommendation of both staff and the Airports Commission that Council approve the designation of the public areas within the lower level of the Redding Municipal Airport passenger terminal as "Nonsmoking". MOTION: Made by Council Member Arness, seconded by Council Member Moss, approving the designation of the public areas within the lower level of the Redding Municipal Airport passenger terminal as "Nonsmoking". Voting was as follows: Ayes: Council Members: Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members: None Absent: Council Members: None RECRUITMENT OF FLEET MANAGER (P-100-060 & A-050-150-150) General Services Director Masingale explained that the current Fleet Manager will retire effective December 31, 1991 and staff is requesting that Council allow the Fleet Manager replacement position to be filled effective July 1, 1991. Although an exception to Council's 60 day overlap policy for an employee replacement, staff feels the exception is justified due to the City entering the design phase of a new fleet maintenance facility and the implementation phase of a time management program. Council Member Arness opined that Council's current 60 day overlap policy should be sufficient time for a new Fleet Manager to become accustomed to the policies and procedures of a department. Council Member Fulton stated he believed this request to be different due to the designing of a new fleet maintenance facility and the implementation of a time management program. Mr. Masingale stated that if the designing of a new fleet maintenance facility and the implementation of a time management program were not involved, a 60 day overlap period would be sufficient. Mayor Buffum inquired what would happen if this position were in the private sector. She opined that a report could be left outlining comments and recommendations for the replacement to consider. Mr. Masingale stated a report could be left for the replacement, however, he is concerned about someone coming in toward the end of the shop's design phase and the replacement having different ideas about the design. He also indicated he is particularly concerned about the implementation of the time management program. He explained that it should be implemented by one person from start to finish to provide continuity. MOTION: Made by Council Member Moss, seconded by Council Member Moss, to authorize the General Services Department to recruit a replacement for the 33 4/16/91 retiring Fleet Manager effective July 1, 1991. Voting was as follows: Ayes: Council Members - Dahl, Fulton and Moss Noes: Council Members - Arness and Buffum Absent: Council Members - None RESOLUTION - Authorizing Change Order No. 007 to Professional Services Contract C-2457 for Final Closure/Postclosure Plan for Benton Landfill (S-020-300) General Services Director Masingale recalled that in April, 1989, Council contracted with Lawrence & Associates for preparation of a Preliminary Closure/Postclosure Plan to be presented to the California Integrated Waste Management Board at a cost of $48,731.31. Since that time, however, additional contract change orders have been approved, bringing the total contract price to $142,681.31. Mr. Masingale explained that in June, 1990, staff submitted the Preliminary Closure/Postclosure Plan, which became the final plan, for Benton Landfill to the California Integrated Waste Management Board (State). In July, additional items were requested by the State in order to deem the report complete. However, before the City could respond to some of these items, the drilling and testing of additional water wells and gas monitoring wells had to be completed. In March, 1991, the State sent the City a letter which compiled comments from the Shasta County Health Department, the Central Valley Regional Water Quality Control Board, and the State. It was the State's conclusion that the City's final plan did not comply with the requirements of 14 CCR Section 17779, Final Cover et al. After discussions with the Regional Water Quality Control Board (RWQCB), it has been determined the RWQCB will submit a recommendation which will require that the City place a final cover equivalent to 5 X 10-7 cm/sec, and the RWQCB will monitor its effectiveness over the next two years to determine whether additional work will be necessary. In order to determine the costs associated with the RWQCB's proposed final cover, it is the recommendation of staff that Council adopt a resolution authorizing Change Order No. 007 in the amount of $55,932.27 to Professional Services Contract C-2457. Funds for this change order are available from solid waste revenues. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, that Resolution No. 91-167 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the City Manager to sign the following in connection with performing additional tasks for the Benton Landfill Closure Plan: "Authorization and Contract for Professional Services," together with Contract Modification (Change Order) 007, between the City of Redding and Lawrence & Associates (Project No. C90.10.07; Contract No. C-2457), to provide consulting services to prepare preliminary closure cost estimate, install gas and ground-water monitoring wells, sample and test wells, and report on findings, as part of the work associated with verification monitoring of Well OB-2 and the final closure and postclosure maintenance plans for the Benton Landfill, in an amount not to exceed $55,932.27. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-167 is on file in the office of the City Clerk. ORDINANCE - Increasing Rabies Vaccination Deposit (A-130-150) City Clerk Nichols explained that Paragraph b of Section 7.16.070 of the Redding Municipal Code provides the following: "If an impounded dog does not have a current City license, said license fee must be paid to the City Clerk prior to release of the dog. In addition, if a rabies vaccination is required, a ten dollar deposit must be paid to the City Clerk, who will also hold dog license tags to ensure that the dog is vaccinated within ten 34 4/16/91 days, which deposit shall be refunded and the tags delivered to the applicant upon showing proof of rabies vaccination within the time limit specified. Failure to obtain said vaccination and notify the City Clerk within the ten-day period will result in forfeiture of the deposit and prosection for violation of Section 7.12.100 of this code, and will render the license void, resulting also in prosecution for violation of Section 7.12.060 of this code". Mrs. Nichols stated that experience indicates that a large percentage of people redeeming impounded dogs never have their dogs vaccinated and simply forfeit the deposit and never obtain the dog license tags. Mrs. Nichols commented that after a discussion with Tom Little, Director of Haven Humane Society, they concurred that a deposit of twenty-five dollars will provide a greater incentive for the dog owner to follow through with the vaccination requirement. It is, therefore, the recommendation of the City Clerk's office that the ordinance increasing the rabies vaccination deposit to twenty-five dollars be introduced for first reading. Council Member Moss offered Ordinance No. 1960 for first reading, an ordinance of the City Council of the City of Redding amending Subsection B. of Section 7.16.070, Redemption of Animals, of the Redding Municipal Code pertaining to deposit fee. RESOLUTION - Transferring Funds to Clean-Up Residual Sludge from Enterprises Public Utility District (EPUD) Wastewater Treatment Property (B-130-070 & W-010-550 & W-010-200-250) Public Works Director Galusha indicated that staff is requesting an appropriation of $39,000 from the Wastewater Utility Reserve funds to proceed with the final clean-up phase of the old Enterprise utility ponds by removing the sludge mounds to an approved off-site disposal area. It is the recommendation of staff that if Council wishes to proceed with the extension of Victor Avenue and the planning and development of the Enterprise Community Park, that a resolution be adopted appropriating $39,000 of Wastewater Utility reserve monies for this clean-up project, authorize Public Works to bid this project, authorize the City Attorney to give notice of lease termination to the lessee of the property, and authorize Planning and Community Development to market Parcels A and B. MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that Resolution No. 91-168 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 49th amendment to the City Budget Resolution No. 90-362 appropriating $39,000 for sludge removal from EPUD surplus property, and authorize Public Works to bid this project, authorize the City Attorney to give notice of lease termination to the lessee of the property, and authorize Planning and Community Development to market Parcels A and B. Voting was as follows: Ayes: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-168 is on file in the office of the City Clerk. RESOLUTION - Approval of Costs of Abatement on Property located at 1025 Trinity Street, owned by Raymond D. Ayers (A-030-070) City Attorney Hays recalled that abatement on property located at 1025 Trinity Street was ordered by the City Council on October 16, 1990. The costs of this abatement, including staff time, total $2,850.12. City Attorney Hays conveyed that Mr. Ayers was notified of the meeting and his ability to appear and state his objections, however, Mr. Ayers did not indicate his desire to appear before Council. It is, therefore, the recommendation of staff that Council adopt the resolution approving and confirming the Report of the Fire Marshal. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that Resolution No. 91-169 be adopted, a resolution of the City Council of 35 4/16/91 the City of Redding approving and confirming the report of the Fire Marshal of the City of Redding of the costs of abatement of the unsafe and unsightly building and debris on the property at 1025 Trinity Street, owned by Raymond D. Ayers. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 91-169 is on file in the office of the City Clerk. CLOSED SESSION (C-070-010) Mayor Buffum stated that Council will adjourn to closed session pursuant to California Government Code Section 54956.8 to discuss real property negotiations with Redding Power. At the hour of 11:23 p.m., Mayor Buffum declared the meeting adjourned to closed session. At the hour of 11:45 p.m, Mayor Buffum reconvened the meeting to regular session. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to authorize the City Manager to sign confidentiality agreements associated with the acquisition of information relative to the Redding Power power plant on Clear Creek Road. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) Failor's Churn Creek BP (Failor, Brent Mitchel, Failor, Penelope M. & Ralph Wilson) 5101 Churn Creek Road Harpo's Deli (Corbett, Christopher & Melvina) 1970 Eureka Way Public Utilities Commission - Application by Pacific Gas & Electric for authority to adjust its electric and gas rates (S-050-350) ADJOURNMENT There being no further business, at the hour of 11:55 p.m., Mayor Buffum declared the meeting adjourned to 5:15 p.m., April 30, 1991, at the Convention Center, Room 125, for a joint meeting with the Planning Commission and the Traffic and Parking Commission. APPROVED: _________________________________ Mayor ATTEST: _________________________________ City Clerk