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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-11-051 11/05/91 City Council, Regular Meeting Council Chambers Redding, California November 5, 1991 7:03 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Pastor John McNabb of the First Baptist Church of Redding. The meeting was called to order by Mayor Dahl with the following Council Members present: Arness, Buffum, Fulton, Moss, and Dahl. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Electric Utility Lindley, Director of Public Works Galusha, Director of Planning and Community Development Perry, Chief of Police Blankenship, Electric Utility Resources Manager Coleman, Assistant City Attorney Calkins, Director of Finance Downing, Principal Planner Keaney, Director of General Services Masingale, Director of Information Systems Kelley, Housing Manager Maurer, Airports Director Ruff, Director of Utilities/Customer Service Vokal, Assistant Director General Services Kohn, Housing Supervisor Garriety, Route Supervisor Roach, Route Supervisor Miralles, Assistant Planner Manuel, Management Analyst Anderson, Chief Engineering Technician Coats, Assistant City Clerk Strohmayer, and Secretary/Stenographer Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Adjourned Regular Meeting of October 8, 1991 Special Meeting of October 15, 1991 Regular Meeting of October 15, 1991 Special Meeting of October 24, 1991 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 08, check numbers 174807 through 175600 inclusive, in the amount of $5,564,759.49, be approved and paid, and Payroll Register No. 08, check numbers 325432 through 326201 inclusive, in the amount of $1,100,340.11, for the period September 29, 1991, through October 12, 1991, and Payroll Register No. 09, check numbers 326202 through 326963 inclusive, in the amount of $1,098,120.49, for the period October 13, 1991, through October 26, 1991, be approved. TOTAL: $7,763,220.09 Resolution - Extension of Agreement for Citylink Services (L-040-150-100) It is the recommendation of the City Manager that Resolution No. 91-457 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the City Manager to execute the Citylink Subscriber Service Addendum dated October 10, 1991, between the City of Redding and Information for Public Affairs, Inc., extending the term through November 30, 1992, at a base fee of $1,995.00. Resolution - Allocation of Records Specialist Classification to Employee Classification and Salary Plan (P-100-320) It is the recommendation of the Assistant City Manager that Resolution No. 91- 458 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 90-546, which has been partially amended by resolution nos. 91-103, 91-122, 91-123, 91-129, 91-171, 91-250, 91-251, and 91-270 by (1) deleting the existing Employee Classification Schedule and Salary Plan as of midnight, November 9, 1991; and (2) establishing a new Employee Classification Schedule and Salary Plan effective November 10, 1991. Property Disposition - 2958 Victor Avenue (C-070-200) It is the recommendation of the Planning Director that the city-owned property located at 2958 Victor Avenue be declared surplus property, authorize staff to 2 11/05/91 obtain an appraisal, negotiate the sale of the property to the adjoining property owner, TRIOND, and return to Council for final approval of the sale. Resolution - Rental Rehabilitation Grant (G-100-145) It is the recommendation of the Planning Director that Resolution No. 91-459 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to execute the Grant Agreement for funding under the Rental Rehabilitation Grant Program in the amount of $125,000.00 with the Department of Housing and Urban Development. Set Public Hearing - re Appeal of Variance Application V-18-91, by Photon Investments (2020 Court Street) (L-010-410) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., November 19, 1991, to consider the Appeal of Variance Application V-18-91, a request to encroach into front and side-yard setbacks on property located at 2020 Court Street. Set Public Hearing - re General Plan Amendment Application GPA-17-90, by Aksel Damgaard (5160 Sunnyhill Lane) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., November 19, 1991, to consider GPA-17-90, a request to reclassify property from "Office" to "Highway Commercial" and Residential 1.0 unit per acre" to "Service Commercial." Set Public Hearing - re General Plan Amendment Application GPA-11-90, Draft Revision to the Land Use Element of the Redding General Plan (G-030-070) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., November 19, 1991, to consider the draft revision of the Land Use Element of the Redding General Plan and its environmental impacts. Award of Bid - Bid Schedule No. 2553, Primary Splice Boxes (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2553, primary splice boxes, be awarded to the low bidder, Associated Concrete Products, Inc., in the amount of $46,187.00, for furnishing primary splice boxes for the period of January 1, 1992, to June 30, 1992. Funds for this purchase are included in the 1991/92 budget. Award of Bid - Bid Schedule No. 2551, 3-Phase Pad Type Distribution Switches (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2551, 3-phase pad type distribution switches, be awarded to the second low bidder, A. B. Chance Co., in the amount of $92,798.06. The low bidder did not meet the requirements of the specifications and general conditions. Funds for this purchase are included in the 1991/92 budget. Resolution - Purchase of PG&E's Electric Facilities in the Clear Creek Road Area (Annexation 89-3) (E-090-020 & A-150-209) It is the recommendation of the Electric Utility Director that Resolution No. 91-460 be adopted, a resolution of the City Council of the City of Redding approving Purchase and Sale Agreement No. CDA 12962, in the amount of $41,954 (including $2,739 for severance), 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 "Clear Creek Road Area Annexation No. 89-3," and authorizing the Mayor to sign all necessary documentation. Funds for this purchase are included in the 1991/92 Capital Improvement Program (CIP) as part of the 1989 Electric System Project Financing Program. Award of Bid - Bid Schedule No. 2493, Construction Contract for Installation of a Third Transformer at Canby Substation Resolution - Approving Project Change Orders (B-050-020 & E-090-140-180) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2493, construction contract for installation of a third transformer at Canby Substation, be awarded to the low bidder, Mass Electric Construction Company, in the amount of $459,221.00. 3 11/05/91 4 11/05/91 It is also recommended that Resolution No. 91-461 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign project change orders up to an aggregate not to exceed $45,000 on the Public Works contract between the City of Redding and Mass Electric Construction Company for installation of a third power transformer at the Canby Substation. Funds for this project are included in the 1989 Electric System Financing Program. Resolution - Rejecting Bid Schedule No. 2552, Lay-Up Work for Redding Power Plant Resolution - Appropriating Funds * (B-130-070 & B-050-100 & E-120-300-700) It is the recommendation of the Electric Utility Director that the sole bid from Hudson Mechanical, Inc. in the amount of $149,310 be rejected and Resolution No. 91-462 be adopted, a resolution of the City Council of the City of Redding authorizing a reduction in the scope of work required in Bid Schedule No. 2552 for the lay-up work at the Redding Power Plant; and authorizing staff to negotiate and the City Manager to execute a contract therefore with Hudson Mechanical, Inc., the sole bidder, in an amount not to exceed $90,000. It is also recommended that Resolution No. 91-463 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 34th amendment to City Budget Resolution No. 91-253 appropriating $90,000 from the Redding Power Plan Fund for lay-up work for the Redding Power Plant. Resolution - Rejecting Bid Schedule No. 2557, Two Used Vehicles for Electric Department (B-050-100) It is the recommendation of the Electric Utility Director that Resolution No. 91-464 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for two used vehicles (Bid Schedule No. 2557); declaring that the required vehicles may be acquired in the open market within the budgeted amount; and authorizing the negotiation thereof and execution of a contract or contracts by the City Manager. Award of Bid - Bid Schedule No. 2523, Utility Billing Envelopes (B-050-100) It is the recommendation of the Director of Utilities/Customer Service that Bid Schedule No. 2523, envelopes for monthly utility statements, be awarded to the second low bidder, Butler Paper, in the amount of $12,853.91. The low bidder did not meet the specification requirements. Funds for this purchase are included in the 1991-92 budget. Purchase of New Offset Printing Press (B-050-100) It is the recommendation of the Director of Utilities/Customer Service that as part of the Cooperative Purchasing Act, that a Model 3650 Offset Printing Press be purchased from Multigraphics Corporation, in an amount not to exceed $20,600.00. Funds for this purchase are included in the 1991-92 Capital Lease Fund to cover the first year financing. Resolution - Amending Permit for Commercial Activities re Airport Bus Service, by Landon Leffler, at Redding Municipal Airport (C-070-100 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 91-465 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to execute the First Amendment to Lease between the City of Redding and Landon Leffler, doing business as Airport Bus Service, for the addition of two automobile parking spaces, at the rate of $10.00 per month per space, at Redding Municipal Airport. Resolution - Loading and Parking Zones at Redding Municipal Airport (P-030-230 & P-030-240 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 91-466 be adopted, a resolution of the City Council of the City of Redding establishing loading and parking zones at the Redding Municipal Airport. 5 11/05/91 Resolution - Appropriating Funds re Feasibility Study of Clear Creek Road site for Transfer Station Resolution - Change Order No. 3, Furgo-McClelland (West), Inc. Resolution - Agreement with Lawrence and Associates for Environmental Site Assessment * (B-130-070 & L-010-075 & S-020-650) It is the recommendation of the General Services Director that Resolution No. 91-467 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 35th amendment to City Budget Resolution No. 91-253 appropriating $39,570 for the feasibility study of the Clear Creek Road site from the Solid Waste Fund. It is also recommended that Resolution No. 91-468 be adopted, a resolution of the City Council of the City of Redding approving Contract Modification (Change Order) No. 003 to the Contract for Environmental Services between the City of Redding and Fugro-McClelland (West), Inc. to prepare an EIR on the Clear Creek Road Site for the City of Redding Transfer Station/Recycling Facility, and to review Phase II of the Environmental Site Analysis by Lawrence & Associates (to be included in the EIR) pursuant to its proposal letter dated September 26, 1991, in an amount not to exceed $39,570.00, and authorizing the City Manager to execute the necessary documentation. It is further recommended that Resolution No. 91-469 be adopted, a resolution of the City Council of the City of Redding approving the authorization and Contract for Professional Services dated September 24, 1991, between the City of Redding and Lawrence & Associates pertaining to the four ground-water monitoring wells at the Clear Creek Disposal Site, Project No. C91.09.04, not to exceed $16,584.00, and authorizing the Mayor to sign on behalf of the City. Funds for this work are included in the 1991-92 budget. In addition, it is recommended that staff be authorized to enter into negotiations with the County of Shasta regarding the use of the Clear Creek property for the siting of a transfer station facility. Resolution - Enterprise Eagles Youth Football Agreement (B-130-030-050) It is the recommendation of the Recreation and Parks Director that Resolution No. 91-470 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Agreement between the City of Redding and Enterprise Eagles Youth Football, in the amount of $900.00, for 1991-92 Referee and Ambulance Services, July 1, 1991, through June 30, 1992. Resolution - Redding Colts Youth Football Agreement (B-130-030-625) It is the recommendation of the Recreation and Parks Director that Resolution No. 91-471 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Agreement between the City of Redding and Redding Colts Youth Football, in the amount of $900.00, for 1991- 92 Referee and Ambulance Services, July 1, 1991, through June 30, 1992. Resolution - Redding Youth Baseball Agreement (B-130-030-675) It is the recommendation of the Recreation and Parks Director that Resolution No. 91-472 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Agreement between the City of Redding and Redding Youth Baseball, in the amount of $21,000.00, for 1991 Umpire Services, April 1, 1991, through March 31, 1992. Resolution - Purchase of AutoCad, Release 11, Computer Aided Drafting Software (B-050-100) It is the recommendation of the Information Systems Director that Resolution No. 91-473 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of seven AutoCad Release 11 Computer-Aided Drafting Software from Autodesk, Inc., not to exceed $15,821.75, pursuant to Redding Municipal Code Section 4.20.080(A)(4), and authorizing the City Manager to sign the appropriate documentation. 6 11/05/91 Resolution Accepting Streets - Acceptance of Improvements for Western Acres Subdivision, Unit 1 (S-15-90) (West of Shasta View Drive and north of Rancho Road) * (S-070-230 & S-100-782) It is the recommendation of the Public Works Director that Resolution No. 91- 474 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Nesee Court, Templeton Drive, Pacific Avenue, St. Charles Drive, and Casabella Drive in Unit 1 of the Western Acres Subdivision. It is also recommended that the improvements in the Western Acres Subdivision, Unit 1, be accepted as satisfactorily completed, and the City Clerk return the securities to the developer, Western Acres, Inc. Award of Bid - Bid Schedule No. 2539, White Thermoplastic (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2539, white thermoplastic (Job No. 5113-17), be awarded to the low bidder Pave-Mark, in the amount of $11,068.20. Funds for this project are provided through the current street maintenance budget. Award of Bid - Bid Schedule No. 2518, Engineering Copier (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2518, engineering copier, be awarded to the low bidder, Pacific Survey Supply, in the amount of $9,286.78 with 365 days warranty on parts and labor. Funds for this purchase are included in the 1991-92 budget. Resolution Accepting Streets - Acceptance of Improvements for Summerfield Meadows Subdivision, Unit 1 (East of Eastside Road and south of Sacramento Drive) * (S-070-230 & S-100-711) It is the recommendation of the Public Works Director that Resolution No. 91- 475 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Creekside Street, Summerfield Drive, and Reflection Street in Unit 1 of the Summerfield Meadows Subdivision. It is also recommended that the improvements in the Summerfield Meadows Subdivision, Unit 1, be accepted as satisfactorily completed, and the City Clerk return the securities to the developer, Redding Investments. Resolution - Appropriating Additional Funds for Purchase of Two Dump Trucks for Water Utility * (B-130-070 & B-050-100) It is the recommendation of the Public Works Director that Resolution No. 91- 476 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 33rd Amendment to City Budget Resolution No. 91-253 appropriating an additional $8,700 for dump trucks from the Water Utility Fund. Resolution - Summarily Vacating Electrical Easement and Right-of-Way at Lake Boulevard and Masonic Avenue (A-010-040) It is the recommendation of the Public Works Director that Resolution No. 91- 477 be adopted, a resolution of the City Council of the City of Redding summarily vacating a permanent easement and right-of-way for electric utility purposes recorded February 5, 1970, under No. 1571 in Book 1018 at Page 344 of Official Records of Shasta County (APN 113-34-01 and 113-33-11). Acceptance of Public Service Easements - Ridgewood Estates Subdivision, Tract No. 1737, Units 2, 3, and 4 (C-070-010 & L-010-290) It is the recommendation of the Public Works Director that the 15 foot public service easement in Ridgewood Estates Subdivision, Tract No. 1737, Units 2, 3 and 4 be accepted and the City Clerk authorized to sign the final maps. Resolution - Contract Change Order re Bid Schedule No. 2500, Bonnyview Ditch Construction * (B-130-070 & B-050-020 & S-070-300-035) It is the recommendation of the Public Works Director that Resolution No. 91- 478 be adopted, a resolution of the City Council of the City of Redding 7 11/05/91 approving and authorizing the addition of $25,000 to the contingency fund in the connection 8 11/05/91 with the City's contract with Robert J. Frank Construction to perform tasks relating to the Bonnyview Ditch Construction, Bid Schedule 2500, and the City Manager authorized to sign the necessary contract modification (change order). Notice of Completion - Bid Schedule No. 2462, Canyon Hollow Sewer Siphon Modification (B-050-020 & W-020-575) It is the recommendation of the Public Works Director that Bid Schedule No. 2462 (Job No. 9581), Canyon Hollow Sewer Siphon Modification, awarded to Charles R. McKinney, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $32,602.31. Notice of Completion - Bid Schedule No. 2511, Victor Avenue Extension (B-050-020 & S-070-100-765) It is the recommendation of the Public Works Director that Bid Schedule No. 2511 (Job No. 9109), Victor Avenue extension, awarded to Marshall Worley Construction, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $277,470.28. Award of Bid - Bid Schedule No. 2549, Guardrail Safety Project (B-050-020 & T-080-300 & G-100-070) It is the recommendation of the Public Works Director that Bid Schedule No. 2549 (Job No. 9142), guardrail safety project at various locations in the City of Redding, be awarded to the low bidder, Coral Corporation of Oregon, in the amount of $163,136, and that an additional $30,564 be approved to cover the cost of engineering and inspection fees, and $16,300 be approved to cover the cost of contract change orders, for a total of $210,000. Funds for this project are budgeted, with federal funds contributing 90%, or $180,000, of the cost of construction and engineering. Award of Bid - Bid Schedule No. 2554, Placement of Pavement Markers on Various City Streets (B-050-020) It is the recommendation of the Public Works Director that Bid Schedule No. 2554 (Job No. 9521-92), placement of pavement markers on various City streets, be awarded to the second low bidder, Crisp Company, in the amount of $42,941.80, and that an additional $4,300 be approved to cover the cost of engineering and inspection fees, and $7,758.20 be approved to cover the cost of contract change orders, for a total of $55,000. The low bid did not meet the requirements of the specifications. Funding for this project is from the pavement overlay program and developer contributions. Transfer of Funds - re Clover Creek Trunk Sewer Line, Bid Schedule No. 2356 Resolution - Appropriating Funds * (B-130-070 & B-050-020 & W-020-575) It is the recommendation of the Public Works Director that the remaining Kleinfelder soil testing contract funds regarding the Clover Creek Trunk Sewer Line, in the amount of $24,000, be allocated to the Clover Creek Trunk Sewer Line construction work. It is also recommended that Resolution No. 91-479 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 37th amendment to City Budget Resolution No. 91-253 appropriating $22,801 for the Clover Creek Trunk Sewer Line from the Special Deposits Fund. Resolution - Releasing Abatement Proceedings on Property at 3576 Oasis Road, owned by West Curl (A-030-070) It is the recommendation of the City Attorney that Resolution No. 91-480 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 3576 Oasis Road, owned by West Curl. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss and Dahl 9 11/05/91 Noes: Council Members - None Absent: Council Members - None Resolution Nos. 91-457, 91-458, 91-459, 91-460, 91-461, 91-462, 91-463, 91- 464, 91-465, 91-466, 91-467, 91-468, 91-469, 91-470, 91-471, 91-472, 91-473, 91-474, 91-475, 91-476, 91-477, 91-478, 91-479, and 91-480 are on file in the office of the City Clerk. - - - - - - - - - - - - WRITTEN COMMUNICATIONS Letter from Maurice Johannessen, Shasta County Board of Supervisors, District 1 -re Riverland Drive Property (C-070-010) A letter was received from Maurice Johannessen, Supervisor, District 1, Shasta County Board of Supervisors, stating that the Riverland Drive property issue will be brought before the Board at the earliest possible date. In the interim, he opined that the County of Shasta has no desire to purchase the Riverland Drive property and that should the City choose to purchase the property, the County is precluded, by law, from waiving property taxes on real property owned by a city outside of the city's boundary. He also related that he would support the annexation of the property if it occurred at the same time as the softball park annexation. Council Member Buffum opined that the City would not need to spend a considerable amount of money to acquire and enhance the river frontage. In response to Council Member Buffum, Council Member Moss related that he is reluctant to part with any funds in today's environment and does not have a strong opinion either way as to the property's acquisition. Mayor Dahl indicated that Council will postpone any action until the Board of Supervisors has officially acted upon the matter. Letter from Shasta 2000 Coordinating Committee (A-050-060) A letter was received from the Shasta 2000 Coordinating Committee inviting Council Members to attend the Shasta 2000 Conference scheduled at Shasta College on November 16, 1991, from 9:00 a.m. to 4:00 p.m. The conference provides a forum for sharing views, concerns, issues and visions for meeting the challenges of growth, economic development and quality of life. Ann Duchi, 3505 Riverview Drive, representing the Shasta 2000 Coordinating Committee, extended a personal invitation to each of the Council Members to participate in the conference on November 16, 1991. She related that Mayor Dahl and Transportation Coordinator Duryee have consented to be part of this year's opening ceremony. She stated that last year former Mayor Buffum did an outstanding job of opening the event and setting the tone of the conference. PUBLIC HEARING - re Rezoning Application RZ-4-91, by James Gironda (north of Oasis Road and east of Twin View Boulevard) (L-010-230) The hour of 7:00 p.m., having arrived, Mayor Dahl opened the public hearing regarding RZ-4-91. 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 Planning Commission recommendation dated October 28, 1991 Assistant City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry related that the applicant has agreed with staff's recommendation to continue the public hearing regarding Rezoning Application RZ-4-91 to November 19, 1991. Mayor Dahl determined that there was no one present who wished to speak on this matter. 10 11/05/91 MOTION: Made by Council Member Moss, seconded by Council Member Buffum, to continue the public hearing regarding Rezoning Application RZ-4-91, by James Gironda, to 7:00 p.m., November 19, 1991. PUBLIC HEARING - re Rezoning Application RZ-7-91, by W-4 Ltd. (Southwest corner of Highway 273 and Caterpillar Road) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing regarding RZ-7-91. 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 Planning Commission recommendation dated October 29, 1991 Assistant City Clerk Strohmayer advised that a protest has been received from Terry Loomis, 1019 Yogi Court, Redding, California. Planning and Community Director Perry reported that on October 8, 1991, the Planning Commission recommended approval of Rezoning Application RZ-7-91, by W-4 Ltd., to reclassify approximately 16 acres located at the southwest corner of Highway 273 and Caterpillar Road by amending the "F" site-plan-review criteria applicable to the property pertaining to lot sizes. The property is zoned "M-2-F" Industrial District and requires a minimum building site of one acre for commercial uses or two acres for industrial uses. The applicant is requesting a minimum parcel size of 20,000 square feet, approximately one-half acre. It is the recommendation of both the Planning Commission and staff that the property be rezoned to "M2-B20-F" subject to site-plan-review criteria, the negative declaration ratified and the ordinance offered for first reading. Dwayne Miller, the applicant's engineer, offered to answer any questions. MOTION: Made by Council Member Buffum, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Council make the following findings regarding Rezoning Application RZ-7-91: 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 Board of Administrative Review on September 4, 1991. The Vote: Unanimous Ayes Council Member Arness offered Ordinance No. 1973 for first reading, an ordinance of the City Council of the City of Redding amending section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-7-91). COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (B-080-600-100) Mayor Dahl recommended that Council appoint Dave Rutledge to the Community Development Advisory Committee for the unexpired term ending December 1, 1992, and that David Kehoe be appointed Chair and Linda Heiser Vice-Chair. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, that Dave Rutledge be appointed to the Community Development Advisory Committee to serve an unexpired term ending December 1, 1992, and that David Kehoe be appointed Chair and Linda Heiser Vice-Chair. The Vote: Unanimous Ayes PROPERTY TAX EXCHANGE AGREEMENTS (T-010-650) Mayor Dahl stated that annexations to the City of Redding have been stalled for approximately one year by the Shasta County Board of Supervisors' unilateral renunciation of the previously agreed-to property tax sharing arrangement. He recalled that the only real progress made at the joint meeting with the Board was the appointment of a committee to further review 11 11/05/91 and negotiate the property tax exchange; however, the committee has not been successful in reaching an accord. Mayor Dahl explained that he wrote the Board of Supervisors' Chair on October 9, 1991, suggesting, in view of the County's continuing financial difficulties and the unwillingness of the State of California to provide the resources necessary to fund State mandates and programs, that he would be willing to support to Council the notion that the County could retain 100% of the property taxes following annexation, provided that the City would receive the fire district tax allocation. Offsetting this loss to some degree should be increases in other revenue sources such as sales tax, State subventions based on population including fees, fines, forfeitures and motor vehicle in-lieu fees. Mayor Dahl stated that a letter has been received from the Board of Supervisors which purports to accept the offer of 100% property tax sharing, but adds a number of conditions associated with the fire district tax and also suggests a significant number of other areas which should be negotiated at the same time. Mayor Dahl said it is his recommendation that staff be instructed to only finalize negotiations with the County to effect a new property tax sharing agreement which will provide that 100% of the property tax will remain with the County upon annexation, and that portion of the fire district tax not required for bonded indebtedness or previously committed equipment leases will accrue to the City. Council Member Moss concurred with Mayor Dahl's concept. He inquired if it would be better for the City to pay off the existing debt on the equipment the County has purchased within the fire districts or to purchase the equipment for the balance owing. City Manager Christofferson indicated that he will look into the question posed by Council Member Moss regarding indebtedness on the fire equipment. Council Member Fulton opined that the Board's other concerns only seem to cloud the issue. He stated that if the Board is resistant to negotiating on other issues, he would not be interested in giving the County 100% of the property tax. Council Member Arness concurred with Council Member Fulton. Mayor Dahl related that at the last LAFCO meeting, the Board viewed the City's offer as positive. He explained that the County's other issues can be dealt with at a later date. Council Member Buffum concurred with Mayor Dahl's attempt to split the issues and deal only with the issue of the property tax exchange. She stated that in her discussions with three County Supervisors, they expressed a desire for a complete annexation package. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that staff be directed to only finalize negotiations with the County to effect a new property tax sharing agreement which will provide that 100% of the property tax will remain with the County upon annexation, and that portion of the fire district tax not required for bonded indebtedness or previously committed equipment leases will accrue to the City. The Vote: Unanimous Ayes STATUS OF GENERAL FUND RESERVE (B-130-070) City Manager Christofferson explained that in light of the utility users' tax being rescinded, there is a need to update Council on the condition of the General Fund reserve and to project ahead with respect to implications in the content of Council policy regarding the desirability of maintaining a 3% to 5% reserve. Mr. Christofferson stated that the original 3% reserve established in June would have stood at $1,096,100, except that there were $220,100 worth of additional expenditures authorized as part of the budget actions, reducing the level to somewhat below 3% and producing a General Fund reserve of $876,000. Of this amount, $400,000 was designated for employee salary and fringe 12 11/05/91 benefits previously negotiated, reducing the "free" balance to $476,000. (This amount may be reduced during the year, depending upon vacancies and other factors, and in any event is not likely to be transferred prior to May, 1992.) Mr. Christofferson related that the State legislature has also reduced local revenues (cigarette tax and fines and forfeitures) by $222,000 in its efforts to "balance" the State budget. The State legislature has also created additional costs for the City's current budget in an amount of $487,000 by continuing booking fees and property tax administration fees. In addition, Council has 13 11/05/91 made appropriations in the amount of $43,300 for Fish and Game fees, signs on the Sacramento River, and the Airport Redevelopment Study. The composite effect of these actions produces a theoretical negative balance in the General Fund reserve of $276,300. Mr. Christofferson indicated that in tracking two of the City's most important revenue sources month to month, the City is currently running about $650,000 lower than estimated on property taxes and about $474,000 behind estimate on sales tax receipts. This produces a theoretical grand total of $1,400,300 negative balance in the General Fund reserve if present trends continue and if there is no relief from other sources. Mr. Christofferson stated that staff will continue to monitor revenue sources month to month and will institute appropriate actions, if and when they are indicated. He related that, although minor, the new state-wide "snack tax" will have some positive effect on the sales tax situation. In addition, Municipal Research Consultants' continuing audits may turn up additional sales tax that has been escaping to other cities and states. Mr. Christofferson continued that the City has saved approximately $100,000 as a result of awarding contracts earlier to take advantage of a positive market. He related that there is a possibility that the court may rule in such a way that the actions of the State of California to draw down money from the Public Employees' Retirement System (PERS) may be beneficial to the City; however, a court decision is not expected before early summer. PERS' estimate is that the City may be relieved of approximately 10 months payments to PERS, which would total approximately $2.2 million. Mr. Christofferson stated that if, by the time of the City's mid-year revenue and expenditure evaluation after January 1, trends change and events do not produce a favorable balance, it will be necessary to institute measures that will have that effect. If instituted, it is inescapable that the mid-year reductions will be concentrated heavily in the public safety services (police and fire). In response to Mayor Dahl, Mr. Christofferson explained that the State has taken revenue away from the cities, as well as adding expenses; and this, combined with the economy, has placed the City's General Fund in a position which is not prudent. Mayor Dahl suggested that Mr. Christofferson schedule a Council study session in January to further discuss the issue. Mr. Christofferson concurred that a study session in January is highly desirable and can serve to review the City's current budget as well as provide for Council input on the upcoming budget. Council Member Arness complimented Mr. Christofferson on his report and suggested that it be compulsory reading for all department heads to ensure that staff does not make a purchase just because it is budgeted, but confirms that it is actually needed. Council Member Buffum stated she found Mr. Christofferson's report to be very troubling. She hoped that Ward Gandy's predictions will not come true, however, she felt it a strange coincidence that one year later the City finds itself in a deficit situation. She indicated that she is also concerned about not having a three-year spending plan, a five-year capital improvement program, and a one- page budget synopsis. She related that this year's budget was balanced without a utility tax or any such projected revenues, therefore, she disagrees with Mr. Christofferson's statement in the Record Searchlight that this year's budget had an opening hole and that the tax would be used to plug it. Council Member Arness related that events have occurred subsequent to Mr. Gandy's review of the City's finances which magnify the problem. He stated that in the absence of good data, the City does not really know its exact position and it is the intent of staff to keep Council apprised of future developments. Council Member Moss stated he is not going to try and place the blame of the City's deficit upon the City Manager. He related that some of the worst case scenarios discussed at budget time have materialized, such as the shortfall in 14 11/05/91 projected revenue and the continuation of SB2557. In addition, the State Board of Equalization's sales tax overpayment last year has compounded the problem. Mr. Christofferson explained that the Data Hudson Corporation's, parent company of Target, overpayment last year by the State Board of Equalization in the amount of $125,000 is viewed by the City as an $250,000 overpayment, as the revenue was expended as part of last year's revenue and this year's budget was predicated on it. Mayor Dahl reaffirmed that the report is well written and that Council will have a study session in January to further discuss the issue. He explained that the City, by law, is precluded from deficit spending and that adjustments will be required in order to balance the budget. This was an informational item and no action was taken. RESOLUTION - Memorandum of Understanding re Shasta Metro Enterprise Zone (E-050-300) Assistant City Manager McMurry recalled that the State of California Department of Commerce has awarded conditional designation to the Shasta Metro Enterprise Zone as one of the ten new enterprise zones to be created in California. The conditions which the State Department of Commerce attached to the application which was jointly submitted by the Cities of Redding and Anderson and the County of Shasta pursuant to the Memorandum of Understanding entered into on August 21, 1990, have been fulfilled. He explained that formal designation of the Shasta Metro Enterprise Zone will occur on Wednesday, November 6, at 2:00 p.m., with a formal signing ceremony at the Redding Convention Center and members of Council are encouraged to attend. Mr. McMurry indicated that the last formal action precedent to the final designation is the approval of a Memorandum of Understanding (MOU) between the Department of Commerce and the three applicant agencies. The MOU sets forth those assurances regarding marketing, promotional efforts, infrastructure development, staffing and funding of the enterprise zone effort which were contained in the application submitted to the State of California by the three agencies. There are no new requirements, nor any new assurances beyond those which were contained in the final enterprize zone application jointly submitted. Mr. McMurry stated that the final designation of the Shasta Metro Enterprise Zone will bring with it substantial benefits to business and industry in the area, as well as significant job creation benefits. Designation as an enterprize zone is a key element in the City's economic development strategy and, therefore, it is recommended that the resolution authorizing the Mayor to execute the MOU between the Cities of Redding and Anderson, the County of Shasta, and the State of California Department of Commerce pertaining to the Shasta Metro Enterprise Zone be adopted. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, that Resolution No. 91-481 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to execute the Memorandum of Understanding between the City of Redding, the City of Anderson, the County of Shasta, and the California Department of Commerce pertaining to the Shasta Metro Enterprise Zone Designation. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-481 is on file in the office of the City Clerk. RESOLUTION - Policy Regarding Uncollectible General Accounts Receivable (A-050-060-555 & F-205-030) Finance Director Downing explained that the Finance Department has historically been responsible for the administration of the General Accounts Receivable system for the City. This system governs receivables such as aircraft space rentals, permit fees, claims for damage to City property, DUI cost reimbursement, retiree insurance premiums, and miscellaneous one-time billings for services. After due diligence collection efforts by the City, 15 11/05/91 uncollectible accounts are customarily written off and handled depending on dollar impact in one of the following manners: (1) Referred to collection agencies with which the City has a contractual relationship; (2) Referred to the City Attorney for recovery through the courts; (3) Filed as claims in Small Claims Court by Finance staff; or (4) Handled by Finance staff based on a case-by-case analysis as deemed appropriate. 16 11/05/91 In order to clarify and formalize the process for writing off futile claims which are not cost effective for the City to pursue, it is the recommendation of staff that the proposed Policy Regarding Uncollectible General Accounts be adopted. MOTION: Made by Council Member Fulton, seconded by Council Member Buffum, that Resolution No. 91-482 be adopted, a resolution of the City Council of the City of Redding establishing and adopting a Policy Regarding Uncollectible General Accounts Receivable. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-482 is on file in the office of the City Clerk. DRAFT TREE PRESERVATION ORDINANCE (A-050-220-075) Planning and Community Development Director Perry recalled that at its regular meeting of October 1, 1991, the City Council continued consideration of the adoption of a tree-preservation ordinance to allow further public review. He also indicated that the River and Waterways Commission found the draft tree preservation ordinance to be "favorable for tree preservation" and had no additional input for Council's consideration. Mr. Perry stated that if Council concurs with the subcommittee's changes, it is recommended that the document be referred to the City Attorney for preparation of an ordinance. Staff has identified several minor areas where clarification is warranted, however, will not affect the ordinance's basic provisions. Council Member Arness opined that such things as native trees located in subdivisions, which are surrounded by newly placed lawns containing irrigation pipes and sprinkler heads, appear to be contrary to the proposed ordinance. In addition, the ordinance does not provide for any differential of tree species. He also related a concern regarding people adding an addition or a swimming pool and government mandating where trees are to be located around the residence. He opined that people are tired of over-government and the tree ordinance indicates the City is being reactionary. He stated that there is a need for an ordinance, however, he would rather start with a document which is subjective and deals with performance, rather than procedure, and build upon it. In response to Council Member Arness, Council Member Moss indicated that if an individual purchases a home under this ordinance, he may remove a tree at any time as long as the residential lot contains one living tree per 500 square feet of floor space in a single family dwelling. In response to Council Member Arness, Mr. Perry stated that any new building over 120 square feet will necessitate that the parcel be brought up to conformance relative to the number of trees. He related that the goal of the ordinance is to ensure that individuals are aware of the requirements they are subject to. Mayor Dahl afforded Council Member Arness the opportunity to identify each of his concerns regarding the proposed ordinance. Council Member Arness expressed concerns regarding a number of items which included: 1) No distinction between different tree species; 2) Clearing needs to be defined; 3) Location of trees should be referenced using general or approximate; and 4) Requirement to have a report prepared by a certified arborist or professional registered forester can be added at a later date if the ordinance is found not to be working as intended. Council Member Moss stated that part of the success of the ordinance is that neither side is 100% content. He related that the proposed ordinance is one which both the Tree Committee and the development industry is willing to abide by and which can be modified in the future. He opined that the ordinance is making a statement that new homes and individuals obtaining building permits will be required to have a specified number of trees on the subject property. 17 11/05/91 Council Member Buffum stated she would like to see the ordinance adopted and reviewed every 6 months to ensure that it is working as originally intended. In response to Council Member Arness, she indicated that the subcommittee could not reach a consensus as to the definition of a majestic tree, therefore, the ordinance does not provide reference to specific tree species. In addition, she explained that existing City staff, both in the Recreation and Parks Department and the Electric Utility Department, are currently in the process of achieving the status of certified arborist, thereby, eliminating the need to possibly add additional staff in order to enact the ordinance. MOTION: Made by Council Member Fulton, seconded by Council Member Moss, authorizing staff to prepare a tree preservation ordinance to be brought back to Council for consideration. The Vote: Unanimous Ayes KUTRAS LAKE SIGNING (R-200) Planning and Community Development Director Perry stated that the River and Waterways Commission has discussed the recent installation of signs at the River entrances to Kutras Lake and a floating barrier at the north inlet to advise the public that Kutras Lake is a "Private Lake - Right to Pass by Permission and Subject to Control of Owner." Mr. Perry indicated that, at the request of the Commission, staff has sent a letter to Robert Spaid asking him to clarify his intent in the posting of the signs and the placement of the barrier. Based on information previously received from the Attorney General's office, it is the recommendation of the River and Waterways Commission that Council advise the State Lands Commission of the restrictions being applied to navigable water within the City. MOTION: Made by Council Member Buffum, seconded by Council Member Fulton, to advise the State Lands Commission of restrictions being applied to navigable water within the City. Voting was as follows: Ayes: Council Members - Buffum, Fulton, Moss and Dahl Noes: Council Members - Arness Absent: Council Members - None OPEN SPACE AND CONSERVATION ELEMENT (G-030-070) Planning and Community Development Director Perry related that the River and Waterways Commission has been considering the possibility of developing a River Management Plan for the City. After discussions with the Planning Commission, it was determined that updating the Open Space and Conservation Element of the Redding General Plan would be a good place to start. Mr. Perry explained that since the Open Space and Conservation Element's last revision in 1985, additional policies on wetlands, tree preservation, grading concerns, stream protection, River Trail development, and River regulations have been adopted. Mr. Perry indicated that absent the need to do an EIR, staff expects to complete the Land Use Element by the end of the year, and because of State requirements, the Housing Element will require additional revisions. He related that in 1992 staff will be completing a Westside Area Plan, as well as trying to update the Circulation Element, the Recreation Element and the Open Space and Conservation Element. Because of budget limitations, staff is not proposing the use of an outside consultant, nor will personnel be taken off code enforcement or current planning to accelerate the schedule. Mr. Perry explained that because the Circulation Element is dependent upon the traffic model and street master plan being prepared in Public Works and the Recreation Element will utilize material being prepared by the Recreation and Parks Department in the Comprehensive Parks and Recreation Plan, it appears the Open Space and Conservation Element can be completed first in 1992. It is estimated that the cost to update this element will require $10,000 to $15,000 from the General Fund by using Housing and Redevelopment staff to write and type and Planning staff to review, assuming there is not any significant controversy or an EIR needed. It is, therefore, the recommendation of the Planning Commission that the Open Space and Conservation Element be updated 18 11/05/91 after the first of the year. If approved, staff will submit a budget amendment for consideration, and the work will begin in December. In response to Council Member Buffum, Mr. Perry stated that when current planning is down, the department has been restructured to allow for more stringent code and sign enforcement, as well as working on various projects requested by Council. Also, the formation of the River and Waterways Commission requires the time of a full time secretary and half a planner. Council Member Buffum stated that there are grant monies available to cities which have rivers within their boundaries and have completed a River Management Plan. In response to Council Member Arness, Mr. Perry stated that the scope of work being proposed only entails what is mandated by the State. If it were more indepth, staff would be requesting approximately $300,000 to complete the update. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, authorizing staff to update the Open Space and Conservation Element and to prepare a budget amendment for Council's consideration. The Vote: Unanimous Ayes REQUEST BY MR. AND MRS. KIRK COPSEY TO ACQUIRE EASEMENT ON CITY PROPERTY (Oasis Road) (C-070-200 & C-070-010) Planning and Community Development Director Perry stated that a letter has been received from Dan Smith, on behalf of the buyer, Mr. and Mrs. Kirk Copsey, regarding a parcel located on Oasis Road. Mr. and Mrs. Copsey are requesting to purchase a ten-foot-wide easement on City land to the south to allow for the installation of a septic tank backfilled up to the property line. The Copsey's parcel is divided by a seasonal creek and requires the septic system be installed south of the creek. Mr. Perry explained that staff has determined that the establishment of the easement does not provide any advantage to the City property, which was recently acquired through default on assessment district payments, and a use for the property has not yet been established. It is the recommendation of staff that Council approve the easement in exchange for a 15-foot-wide utility easement through the back of the Copsey road for the future sewer extension and obligation to connect to the sewer line when it is extended; at which time, the easement on the City land would become null and void. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to approve the establishment of the easement on the City's property on Oasis Road in exchange for a 15-foot-wide utility easement through the back of Mr. and Mrs. Kirk Copsey's road for the future sewer extension and obligation to connect to the sewer line when it is extended; at which time the easement on the City land would become null and void. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-12-91 - Brookside Estates Subdivision, by Dave McConnell (S-100) Council was advised that the Planning Commission has granted permission to create 17 single-family residential lots on 5.7 acres located at 680 Churn Creek Road, described as Tentative Subdivision Map S-12-91, Brookside Estates Subdivision. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. RESOLUTION - Property Tax Exchange Agreement re Annexation 90-15, Tierra Oaks (T-010-650 & A-150-237) Planning and Community Development Director Perry related that on February 19, 1991, Council approved a Property Tax Exchange Agreement for Annexation 90-15, Tierra Oaks; however, due to a procedural error, the resolution must be corrected. It is the recommendation of staff that Council adopt a resolution rescinding resolution 91-75 and approving a Property Tax Exchange Agreement for Annexation 90-15, Tierra Oaks. 19 11/05/91 MOTION: Made by Council Member Buffum, seconded by Council Member Fulton, that Resolution No. 91-483 be adopted, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 91-75 and approving a resolution involving property tax transfers between the County of Shasta and the City of Redding for the City of Redding Reorganization No. 90-15 (Tierra Oaks). 20 11/05/91 Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton and Dahl Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Moss Resolution No. 91-483 is on file in the office of the City Clerk. COMMUNITY NEEDS ASSESSMENT QUESTIONNAIRE (G-100-030-036) Planning and Community Development Director Perry recalled that in the Spring of 1991, Council authorized the Community Development Advisory Committee to undertake the development of a Community Needs Assessment document to be used by the City to determine funding priorities for the Community Development Block Grant Program. The Advisory Committee has designated a subcommittee which has been gathering data for this purpose. Mr. Perry indicated that the subcommittee has recently completed a series of public hearings where members of the community at large, interested agencies, and City staff were invited to comment upon the perception of needs within the following categories: housing, cultural enrichment, recreation, planning, public works, economic development, social services and education. In addition to the public forums, the subcommittee has designed a questionnaire to be sent out to the general public in the December mailing of the City's utility bills. The purpose of the survey is to gather opinions from the broadest population of City residents. When the information gathering process is complete, the subcommittee will analyze and evaluate the data and submit the finalized Community Needs Assessment document to Council for consideration in late January. To aid in the development of the Community Needs Assessment document, it is the recommendation of staff that Council approve the circulation of the questionnaire for the purpose of gathering additional information regarding community needs. MOTION: Made by Council Member Moss, seconded by Council Member Arness, authorizing the circulation of a questionnaire in the December mailing of City utility billings for the purpose of gathering additional information regarding community needs to aid in the development of the Community Needs Assessment document. The Vote: Unanimous Ayes SULPHUR CREEK PARK (P-050) Planning and Community Development Director Perry stated that the Bureau of Land Management (BLM) is only interested in that part of the conceptual Sulfur Creek Trail plan, developed by a subcommittee of the River and Waterways Commission, which applies to the park site, not the potential trail. Mr. Perry indicated that the development of a plan for the park site would cost less than $1,000 and would include an unpaved parking area, a restroom, and a mobilehome-park site. The next level of improvements would be paved parking or paved access. Since water, electric, and sewers are already in the area, the development of a mobilehome-park site and restroom should cost less than $40,000. The second phase of the project, the trail itself, would require the establishment of an alignment; cuts, fill and culverts ascertained; right-of- way staked; trailheads located; bid documents prepared; right-of-way permits established, etc. Also such issues as security, fire safety, parking, off- road-vehicle control, etc., would need to be resolved. The second phase would probably cost approximately $25,000, with actual cost depending on whether the trail is paved or dirt. In order to either submit a grant application or a budget request for Phase 1 improvements, it is recommended that staff be directed to prepare a conceptual plan to submit to the River and Waterways Commission and the Recreation and Parks Commission. 21 11/05/91 Council Member Arness opined that even though the development of a park site plan would be less than $1,000, it appears to the public as a commitment to further develop something which is expensive and not needed. Council Member Buffum opined that the program has merit and would like to see the storm drain utilized for water. She indicated that both the arboretum and McConnnell Foundation supporters would like to see a constantly changing water lake located in the arboretum area. Therefore, she would like to see the River and Waterways Commission approach such private organizations as the McConnell Foundation regarding possible funding for the Sulphur Creek project. MOTION: Made by Council Member Buffum, seconded by Council Member Fulton, authorizing the River and Waterways Commission to seek private funding regarding the development of Sulphur Creek Park. The Vote: Unanimous Ayes FUTURE ROLE OF NATURAL GAS-FIRED GENERATION AND ASSOCIATED SITING ISSUES (E-120) Electric Utility Resources Manager Coleman delivered a slide presentation regarding the future role of natural gas-fired resources in meeting the City's electric utility needs. Electric Utility Director Lindley related that natural gas-fired electric generation represents a relatively clean, economical, and reliable means to meet some of the future power needs of the City of Redding. Due to the existing regulatory climate, natural gas-fired electric generation is the most common form of new generation being constructed in California. Current projections show that even if all other currently planned resources are developed by the City, significant resource shortfalls will arise unless natural gas-fired resources are developed. The same projections conclude that the ten-year present value savings associated with just one natural gas-fired generation project will most likely be between $20 million and $30 million, and under certain circumstances, the savings for the City could be as much as $70 million. Mr. Lindley stated that the recently acquired Redding Power site encompasses sufficient land and facilities to enable the City to develop additional natural gas-fired generation thereon. Much of the infrastructure needed to support the Redding Power project could be shared by additional gas-fired projects. Therefore, development of alternative sites would probably be more costly for the City. It is the recommendation of both the Electric Utility Commission and staff that Council commit to further development of natural gas-fired generation resources; instruct staff to begin the siting process required to construct gas-fired resources; and at least preliminarily, use the Redding Power site as the preferred alternative site during the siting process. In response to Council Member Buffum, Mr. Lindley related that the Electric Utility Commission is currently reviewing two proposals from independent power producers, one being Industrial Power Technology (IPT). Staff anticipates to have a more comprehensive presentation for Council at its November 23, 1991 workshop. In response to Council Member Arness, City Attorney Hays stated that Council's choice of the Redding Power site as the preferred alternative site during the siting process does not in any way prejudice the project. Council Member Moss stated that after researching the subject of natural gas- fired generation, that, if anything, staff is erring on the side of conservatism. He opined that the need for gas-fired generation will be much greater and will be required sooner that estimated. He favors doing everything possible to expedite the project, as the net cost to ratepayers for every month the project is delayed will be several hundred thousand dollars per month. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that Council commit to further development of natural gas-fired generation resources; instruct staff to begin the siting process required to construct gas-fired resources; and at least preliminarily, use the Redding Power site as the preferred alternative site during the siting process. The Vote: Unanimous Ayes 22 11/05/91 IMPLEMENTATION OF BLUE BAG RECYCLING PILOT PROJECT AND CONTINUANCE OF RESIDENTIAL CURBSIDE RECYCLING PILOT PROJECT (S-020-550) General Services Director Masingale related that the Solid Waste Division has just completed the State funded 3-bin residential curbside recycling pilot project. The 2,500 households recycled 317.12 tons or 254 pounds per household, 23 11/05/91 with a weekly set out rate of 37.2% and a monthly participate rate of 64%. Expenses totaled $53,670.73; revenues from the sale of recyclables totaled $18,718.04; and avoided costs totaled $10,713.52 and were calculated as the savings of landfill tipping fees and hauling costs. Mr. Masingale explained that because of the negative economic conditions, for example low landfill tipping fees, weak recycling markets and costs related to curbside collection, residential curbside recycling is not a money-making or break-even proposition. It is less expensive to landfill recyclables than it is to sort and collect them; however, because of growing environmental public consciousness and State of California recycling mandates, curbside recycling cannot be ignored. Mr. Masingale indicated that because the key to successful curbside recycling is to implement a program which minimizes the level of public subvention, the Solid Waste Division researches methods to achieve the greatest economic efficiencies. As part of this research, the Solid Waste Division is proposing the implementation of a blue bag curbside recycling pilot project for one daily route, consisting of approximately 4,000 households. This pilot project would dovetail with the Residential Yard Waste Program which is scheduled to begin Spring, 1992. Residents would set out their blue bags the same day as their regular service day and residential collection crews would then commingle the blue bags with the residential yard waste. The collected residential yard waste and blue bags would then be separated at the Benton Transfer Station. Staff is proposing to use labor from the Shasta County Opportunity Center to process the recyclables. The project will require the purchase of sorting equipment; however, the blue bag recycling program is anticipated to generate greater efficiencies and provide greater customer service. It is the recommendation of staff that Council authorize the implementation of the proposed blue bag recycling pilot project one day per week as a part of the residential yard waste program, continue the current 3-bin recycling pilot project, thus allowing for a side-by-side comparison of the two recycling methods, and adopt the resolution appropriating funds in the amount of $97,000. The method with the greatest efficiency could then be implemented Citywide. To allow for further discussions with staff, Council Member Arness requested that this item be continued to the meeting of November 19, 1991. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that the item regarding the implementation of the Blue Bag Recycling Pilot Project and continuance of the Residential Curbside Recycling Pilot Project be continued to the meeting of November 19, 1991. The Vote: Unanimous Ayes AWARD OF BIDS - Solid Waste Equipment (B-050-100) It is the recommendation of the General Services Director that bids for Solid Waste Equipment be awarded as follows: 1) Bid Schedule No. 2542, one automated sideloader to include body and closed circuit TV system, be awarded to the third low bidder, F. B. Hart Company, Inc., in the amount of $128,595.97 to be delivered within 120 days. The low bidder and second low bidder did not meet the requirements of the specifications; 2) Bid Schedule No. 2543, one refuse front loader to include body and closed circuit TV camera, be awarded to the low bidder, F. B. Hart Company, Inc., in the amount of $120,676.63 to be delivered within 120 days; 3) Bid Schedule No. 2544, two 37-yard waste side loaders with two 37-yard waste bodies, be awarded to the low bidder, F. B. Hart Company, Inc., in the amount of $245,922.11 to be delivered within 120 days; 4) Bid Schedule No. 2545, one 16,500 lb GVW cab and chassis refuge truck to include body and dump compactor, be awarded to the sole bidder, F. B. Hart Company, Inc., in the amount of $79,900.18 to be delivered within 120 days; 5) Bid Schedule No. 2546, one 16,500 lb GVW cab and chassis with platform body and liftgate, be awarded to the sole bidder, F. B. Hart Company, Inc., in the amount of $28,420.18 to be delivered within 120 days; 6) Bid Schedule No. 2547, one 8,000 pound forklift, be awarded to the Clark Lift-Team Power of Sacramento in the amount of $30,021.42 to be delivered within 90 days. 24 11/05/91 MOTION: Made by Council Member Arness, seconded by Council Member Moss, authorizing the award of bids as hereinabove stated. The Vote: Unanimous Ayes RESOLUTION - Authorizing City Manager to sign Lease/Purchase Financing Documents for Bid Schedule Nos. 2542, 2543, 2544, 2545, 2546, and 2547, Solid Waste Equipment (B-050-100 & S-020-100) It is the recommendation of the General Services Director that Council adopt a resolution authorizing the City Manager to sign the necessary lease/purchase documents in regards to Bid Schedule Nos. 2542, 2543, 2544, 2545, 2546, and 2547. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 91-484 be adopted, a resolution of the City Council of the City of Redding authorizing the execution and delivery of the necessary lease/purchase financing agreements pertaining to the Solid Waste equipment to be acquired pursuant to bid schedule nos. 2542, 2543, 2544, 2545, 2546, and 2547. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-484 is on file in the office of the City Clerk. HANDBILL ORDINANCE PROVISIONS (C-110-100) City Attorney Hays explained that the City has had regulations dealing with handbills and posters for an extensive number of years. The regulations currently in existence are designed to prohibit the distribution of various types of commercial material, principally advertising, to residences. The reasons for such prohibition are grounded in public safety concerns and litter-control concerns. Mr. Hays related that Public Information Officer Bachman conducted a survey and it was determined that the City's type of regulation is very common in cities throughout the state. Furthermore, he did not find any jurisdictions which have gone through a revision or legal challenge of their ordinance. Mr. Hays indicated that the goal of the ordinance is quite laudable; however, the Record Searchlight has called into question its legality. The reason for the challenge is their desire to distribute a commercial handbill, on a door- to-door basis, which on its face, would violate the provisions of the ordinance. The Record Searchlight has, therefore, demanded that the City change the ordinance to accommodate their proposed activity. Mr. Hays stated that extensive research by his office, Public Information Officer Bachman, as well as Mr. Robert Robinson on behalf of the Record Searchlight, indicates there is a slight trend to find that ordinances, such as the City's, do not pass constitutional scrutiny. The reason for this situation, at this point in time, is that protection that has been afforded to individual speech, which expresses ideas, opinions, and the like, have been extended within the last ten to fifteen years into the area of commercial speech, which is more commonly known as advertising. Mr. Hays said that although the objectives of litter control and public safety have been recognized as legitimate local government concerns, it appears questionable whether or not the City's current ordinance meets those concerns in a manner which would be sustained by a court. It is, therefore, the recommendation of staff that Council instruct staff to amend the existing handbill ordinance to provide for regulation of distribution through such things as licensing, bonding, securing, non-delivery response cards, and pick- up after distribution. Council Member Moss stated that the goals of the ordinance are good; however, they should be flexible in order to handle those individuals which are organized and willing to pay the associated costs. In response to Mayor Dahl, Mr. Hays related that the bonding requirement is based on previous City experience associated with door-to-door solicitation, 25 11/05/91 and is geared primarily to those individuals which will be distributing handbills on a regular basis and who do not comply with the required recommendations, thereby, providing a source of funding for the City to pay for any required clean-up activity. Mayor Dahl inquired as to the length of time it will take staff to prepare an ordinance for Council's consideration. Mr. Hays stated that he will make every attempt to have the ordinance on the November 19, 1991 agenda for consideration. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, authorizing staff to prepare an amendment to the handbill ordinance for Council's consideration, which provides for regulation of distribution through such things as licensing, bonding, securing, non-delivery response cards, and pick-up after distribution. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss and Dahl Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Buffum ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) Elks Lodge (Elks Lodge 1073 Redding) 250 Elk Drive Holiday Quality Foods #43 (North State Grocery Inc.) 2225 Eureka Way Brooks Ranch (Marsco Restaurants, Inc.) 2300 Athens Avenue West Side Deli (Redding French Bakery) 1600 California Street California Public Utilities Commission (S-050-350) News Release regarding Information for National Consumers Week PUBLIC COMMENT Bid Schedule No. 2547, One 8,000 Pound Forklift (B-050-100) Dan Thomas, Sales Representative of TENCO Lift Truck Division, filed a formal protest regarding the award of Bid Schedule No. 2547, one 8,000 pound forklift, to Clark Lift-Team Power of Sacramento, in the amount of $30,021.42. Mayor Dahl instructed Mr. Thomas to file a formal written protest with the City Clerk. ADJOURNMENT There being no further business, at the hour of 9:13 p.m., Mayor Dahl declared the meeting adjourned to 5:15 p.m., November 12, 1991, at the City Hall Conference Room, 760 Parkview Avenue, for a joint meeting with the Churn Creek Task Force and River and Waterways Commission. APPROVED: _________________________________ Mayor ATTEST: ______________________________ Assistant City Clerk 26 11/05/91