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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-11-191 11/19/91 City Council, Regular Meeting Council Chambers Redding, California November 19, 1991 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Reverend Greg Tyree of the First Presbyterian Church. The meeting was called to order by Mayor Dahl with the following Council Members present: Arness, Buffum, Moss, and Dahl. Council Member Fulton was absent. 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, Director of Finance Downing, Principal Planner Keaney, Director of Recreation and Parks Riley, Electric Utility Field Foreman Smith, City Treasurer Linville, Director of Information Systems Kelley, Housing Manager Maurer, Senior Planner King, Airports Director Ruff, Director of Utilities/Customer Service Vokal, Assistant Planner Manuel, Public Information Officer Bachman, Energy Conservation Specialist Winter, Housing Specialist Haddox, City Clerk Nichols, and Secretary/Stenographer Rudolph. Public Power Week Essay Awards (A-050-125) Electric Utility Director Lindley related that this year's Public Power Week essay topic was "How Public Power Benefits Redding." He indicated that each of the three local high schools participated in the essay contest and each essay was judged on the merits of its material presentation, organization, research and reader interest. In addition to the plaque being presented, a certificate will be presented to each of the students at their Scholarship Awards night, and a $500.00 scholarship will be awarded to one qualified winning contestant from each high school upon graduation with a 2.8 minimum grade point average and acceptance at an institute of higher education. Mayor Dahl presented plaques to the following essay winners: Enterprise High School: 1st Place - Celeste Draisner 2nd Place - Titia Ann Grant Shasta High School: 1st Place - Molly Lorentz 2nd Place - Melissa Peters Pioneer High School: 1st Place - Sarah Hall 2nd Place - Andrea Brown CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of November 5, 1991 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 09, check numbers 175601 through 176027 inclusive, in the amount of $4,273,535.43, be approved and paid, and Payroll Register No. 10, check numbers 326964 through 327718 inclusive, in the amount of $1,088,655.82, for the period October 27, 1991, through November 9, 1991, be approved. TOTAL: $5,362,191.25 Treasurer's Report - October, 1991 (A-050-100-600) Total Treasurer's Accountability - $37,454,274.49 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $58,472,023.30 2 11/19/91 Annexation 91-7 - Clear Creek/Westside Road Area (A-150-241) It is the recommendation of the Planning Director that staff be authorized to contact other property owners in the area to determine interest in annexation and that Annexation 91-7, Clear Creek/Westside Road Area, be referred to Departments for review and comment and to the Board of Administrative Review for preparation of an environmental impact determination. Set Public Hearing - re Amendment to Redding Municipal Code Section 18.38.010, by the City of Redding (L-010-500-050) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., December 3, 1991, to consider an amendment to Section 18.38.010 of the Redding Municipal Code, a request to create a Combining District that would establish minimum lot sizes based upon an approved subdivision or parcel map. Resolution - Contract Amendment with Henwood Energy Services, Inc. Resolution - Appropriating Funds * (B-130-070 & E-120) It is the recommendation of the Electric Utility Director that Resolution No. 91-485 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the (first) amendment to Professional Services Agreement between the City of Redding and Henwood Energy Services, Inc. (Hesi Contract No. 910709) for additional services required, increasing the contract price from $47,400 to $92,400. It is also recommended that Resolution No. 91-486 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 39th amendment to City Budget Resolution No. 91-253 appropriating $45,000 from the Electric Utility Fund for utility planning services. Award of Bid - Bid Schedule No. 2567, 1992 State of the City Report (B-050-100 & P-145-800) It is the recommendation of the Public Information Officer that Bid Schedule No. 2567, 1992 State of the City Report, be awarded to the low bidder, Redding Printing Company, in the amount of $9,141.99. Funds for this purchase are included in the 1991-92 budget. Resolution - Shasta Interagency Narcotic Task Force (SINTF) FY 1991-92 Budget and Budget Supplement (P-150-150) It is the recommendation of the Chief of Police that Resolution No. 91-487 be adopted, a resolution of the City Council of the City of Redding approving the fiscal year 1991-92 budget, July 1, 1991 through June 30, 1992, of $70,790 and a $23,000 supplement for the Shasta Interagency Narcotics Task Force (SINTF). Funds for this are available through asset forfeiture and have no impact on the City's budget. Resolution - Transfer of Funds for Purchase of Carpet for Police Administrative Unit * (B-130-070 & A-050-270) It is the recommendation of the Chief of Police that Resolution No. 91-488 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 41st amendment to City Budget Resolution No. 91-253 transferring $2,400 for carpeting to Capital Outlay from the operating budgets of various Police Divisions. Resolution - Change Order to Contract with Lawrence & Associates re Landfill Closure Plan to Incorporate Benton Airpark Runway Safety Overrun Project (A-090-020 & S-020-300) It is the recommendation of the Airports Director that Resolution No. 91-489 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) 011, between the City of Redding and Lawrence & Associates (Project No. C91.11.02A; Contract No. C-2457), to provide services to incorporate the conceptual safety overrun of the Benton Airpark Runway into the Closure and Postclosure Plans, in an amount not to exceed $6,730.00. Funds are in the existing budget to accommodate the change order. 3 11/19/91 Award of Bid - Bid Schedule No. 2560, Chain Link Fence for Benton Transfer Station Sump Area (B-050-100 & S-020-650) It is the recommendation of the General Services Director that Bid Schedule No. 2560, chain link fence for Benton Transfer Station sump area, be awarded to the low bidder, Strange and Son Fencing, in the amount of $7,404.42. Funds for this project are available in the 1991-92 budget. Resolution - Rescinding Award of Bid Schedule No. 2547, One 8,000 Pound Forklift for Solid Waste (B-050-100 & S-020-100) It is the recommendation of the General Services Director that Resolution No. 91-490 be adopted, a resolution of the City Council of the City of Redding rescinding the November 5, 1991 award of Bid Schedule No. 2547 to Clark Lift- Team Power of Sacramento in the amount of $30,021.41; and authorizing the rebidding of Bid Schedule No. 2547 and the execution of the necessary documentation by the City Manager. Award of Bid - Bid Schedule No. 2559, Trommel Screen for Benton Transfer Station/Compost Facility (B-050-100 & S-020-550 & S-020-650) It is the recommendation of the General Services Director that Bid Schedule No. 2559, trommel screen for Benton Transfer Station/Compost Facility, be awarded to the second low bidder, Fuel Harvesters, in the amount of $159,266.25. The low bidder did not meet the requirements of the specifications. Annual lease/purchase payments are budgeted in 1991-92 in the amount of $39,100. Resolution - Destruction of Documents (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 91-491 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain documents. Award of Bid - Bid Schedule No. 2562, Painting Project at Martin Luther King Community Center (B-050-100) It is the recommendation of the Recreation and Parks Director that Bid Schedule No. 2562, painting project at Martin Luther King Community Center, be awarded to the low bidder, Larry's Custom Painting, in the amount of $5,283.30. Funds were previously transferred from the Park Development Fund to cover this project. Resolution - Authorizing City Manager to Sign Financing Documentation re Offset Printing Press (B-050-100) It is the recommendation of the Utilities/Customer Service Director that Resolution No. 91-492 be adopted, a resolution of the City Council of the City of Redding authorizing the execution and delivery of a lease/purchase agreement for an offset printing press, not to exceed $20,600.00, to be entered into between the City of Redding and the Redding Bank of Commerce. Funds for this lease purchase are included in the Print Shop's 1991-92 Capital Lease Fund. Award of Bid - Bid Schedule No. 2521, Thermoplastic Applicator (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2521 (Job No. 9152-40), thermoplastic applicator, be awarded to the third low bidder, Highway Marking Systems, in the amount of $10,183.39. The low and second low bidder did not meet the requirements of the specifications. Funds for this purchase are included in the Equipment Financing Program. Resolution Accepting Streets - Acceptance of Improvements for Sunridge Estates, Unit 2 (S-3-87) (West of Shasta View Drive and south of State Highway 44) * (S-070-230 & S-100-714) It is the recommendation of the Public Works Director that Resolution No. 91- 493 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Danbury Drive, Stetson Way, Natomas 4 11/19/91 Way, Ballard Way, and Juarez Lane in Unit 2 of the Sunridge Estates Subdivision. It is also recommended that improvements in the Sunridge Estates Subdivision, Unit 2, be accepted as satisfactorily completed, and the City Clerk return the securities to the developer, Steven Kamisky. Resolution Accepting Streets - Acceptance of Improvements for River Park Highlands, Units 5 and 6 (East of Quartz Hill Road and north of Benton Drive on River Park Drive) * (S-070-230 & S-100-654) It is the recommendation of the Public Works Director that Resolution No. 91- 494 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Ironwood Lane, Trailview Court, and River Park Drive in Unit 5, and Ironwood Lane in Unit 6 of the River Park Highlands Subdivision. It is also recommended that improvements in the River Park Highlands, Units 5 and 6, be accepted as satisfactorily completed, and the City Clerk return the securities to the developer, Eckelman & Scarbrough. Payment for Oversizing Water Main - Country Heights Subdivision, Unit 8 * (B-130-070 & S-100-108) It is the recommendation of the Public Works Director that the Finance Department be authorized to make payment to Signature Northwest, in the amount of $9,378.74, for the cost of oversizing the water main in Country Heights Subdivision, Unit 8. Funds for this project are available in the 1991-92 Water Budget under Minor Extensions and Oversizing Account #143-869-3511. Buckeye Water Treatment Plan (W-030-600) It is the recommendation of the Public Works Director that Council accept the status report regarding the Buckeye Water Treatment Plant. The status of the Bureau of Reclamation's (Bureau) additional requests, which must be completed prior to the finalization of the Land Lease Agreement, is as follows: 1) Staff is currently in the process of completing an Agreement with Western Area Power Administration (Western), which will take approximately two months to complete; 2) The Amendment to the Buckeye Water contract has been initiated and the Bureau has indicated it will require up to six months to complete the amendment; and 3) The Bureau provided a finding of no significant impact for the environmental portion of the project, thereby, providing environmental clearance. Staff is currently negotiating with Boyle for the final design phase of the project. The Bureau has indicated they will review the drawings without the amendment to the contract being completed. Resolution - Shasta County's Proposed Congestion Management Plan (E-020-010 & T-080) It is the recommendation of the Public Works Director that Resolution No. 91- 495 be adopted, a resolution of the City Council of the City of Redding supporting the elements contained in Shasta County's Proposed Congestion Management Plan. Notice of Completion - Bid Schedule No. 2461, Slurry Seal Program (B-050-020) It is the recommendation of the Public Works Director that Bid Schedule No. 2461 (Job No. 5115-66), slurry seal program, awarded to California Pavement Maintenance, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $108,947.71. Resolution - Abatement Proceedings on Property at 2780 Reservoir Lane, owned by Andrew J. Vranich and Carl L. Vranich (A-030-070) It is the recommendation of the City Attorney that Resolution No. 91-496 be adopted, a resolution of the City Council of the City of Redding of 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 2780 Reservoir Lane (rear house), owned by Andrew J. Vranich and Carol L. Vranich, husband and wife, as joint tenants. 5 11/19/91 Resolution - Abatement Proceedings on Property at 5406 E. Bonnyview Road, owned by Harrell Davis and Louise M. Davis, Roger H. Cowling and Adrienne F. Cowling, and David A. Shoffner and Kathleen S. Shoffner (A-030-070) It is the recommendation of the City Attorney that Resolution No. 91-497 be adopted, a resolution of the City Council of the City of Redding of 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 5406 E. Bonnyview 6 11/19/91 Road, owned by Harrell Davis and Louise M. Davis, as to an undivided one-half interest; Roger H. Cowling and Adrienne F. Cowling, as to an undivided one- fourth interest; and David A. Shoffner and Kathleen S. Shoffner, as to an undivided one-fourth interest. 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, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton Resolution Nos. 91-485, 91-486, 91-487, 91-488, 91-489, 91-490, 91-491, 91- 492, 91-493, 91-494, 91-495, 91-496, and 91-497 are on file in the office of the City Clerk. - - - - - - - - - REDDING TENNIS CLUB - re Donation for Resurfacing of Sequoia Middle School Tennis Courts * (B-130-070 & B-050-020) The following officers of the Redding Tennis Club presented Mayor Dahl with a check, in the amount of $1,250.00, to be used towards the resurfacing of the Sequoia Middle School tennis courts: Michael Sauer, President, Reta Lovett, Secretary, and Ruth Campbell, Vice President. Mr. Sauer explained that the members of the Redding Tennis Club rely heavily upon the public tennis courts and realize the efforts and costs related to their maintenance. He stated that, through various fund raising activities, the Club was able to allocate $1,000.00 from its 1991-1992 finances, and to collect an additional $250.00 from individual club members. Mayor Dahl expressed the City's appreciation of the Club's generous donation. Council Member Arness commended the group for its "make it happen" attitude. REDDING YELLOW CAB COMPANY - New Rate Schedule (T-100-500) City Clerk Nichols related that a letter was received from Redding Yellow Cab Company notifying the City of their new rate schedule, thereby, fulfilling their requirements under the Redding Municipal Code. This was an information item and no action was required. LETTER OF RESIGNATION - Tourism and Convention Commissioner Kit Hamblin (B-080-540) City Clerk Nichols stated that a letter of resignation was received from Tourism and Convention Commissioner Kit Hamblin. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, to accept the resignation of Tourism and Convention Commissioner Kit Hamblin. The Vote: Unanimous Ayes CHRISTMAS PARADE - City Co-Sponsorship of Parade and Prohibiting of Parking and Vehicular Traffic (P-030-250 & P-010-050) City Clerk Nichols indicated that a letter was received from Kit Hamblin, Chairman of the Greater Redding Chamber of Commerce Christmas Parade Committee, requesting permission to hold the Annual Christmas Parade on Saturday, December 7, 1991, along Redding Parade Route No. 2. In addition, Ms. Nichols related that in order to meet Caltrans' insurance requirements, the City is again being requested to co-sponsor the parade with the Greater Redding Chamber of Commerce. It is the recommendation of staff that Council approve the co-sponsorship of the Christmas Parade and adopt a resolution prohibiting parking and vehicular traffic along Parade Route No. 2 on December 7, 1991. 7 11/19/91 MOTION: Made by Council Member Moss, seconded by Council Member Arness, that the City co-sponsor the Christmas Parade with the Greater Redding Chamber of Commerce, and that Resolution No. 91-498 be adopted, a resolution of the City Council of the City of Redding prohibiting parking and vehicular traffic along Parade Route No. 2 in association with the Greater Redding Chamber of Commerce's Christmas Parade to be held December 7, 1991. Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton Resolution No. 91-498 is on file in the office of the City Clerk. CONTINUED 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 Rezoning Application RZ-4-91. The following documents are on file in the office of the City Clerk: Affidavit of Continued Public Hearing Planning Commission recommendation dated November 11, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry related that, in conjunction with its approval of the Victoria Knolls Tentative Subdivision Map, the Planning Commission recommended approval of the rezoning of 160 acres located north of Oasis Road and east of Twin View Boulevard from "R1-B10" Single Family Residential District with a minimum lot size of 10,000 square feet to "RM-9" Multiple Family Residential District and "R-1" Single Family Residential District. Mr. Perry indicated that in light of the Planning Commission's pending review of a new zoning district that would reflect the lot sizes as an approved tentative map, rather than define a single minimum-lot size, Council at its November 5, 1991, meeting approved the continuance of the public hearing. As this new zoning is not be applicable to the multiple-family residential parcel of the subdivision, the applicant has asked that the request to rezone the parcel to "RM-9" Multiple Family Residential District proceed. It is the recommendation of both the Planning Commission and staff that Council approve the rezoning of the subject property to "RM-9" Multiple Family Residential District, ratify the negative declaration, and offer the ordinance for first reading. For that portion of the rezoning proposal to "R-1" Single Family Residential District, it is recommended that it be continued to December 17, 1991. Mayor Dahl determined that there was no one present who wished to speak on this matter. MOTION: Made by Council Member Buffum, seconded by Council Member Arness, that the public hearing regarding the "RM-9" rezoning be closed and the public hearing regarding "R-1" be continued to December 17, 1991. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Council make the following findings regarding Rezoning Application RZ-4-91 from "R1-B10" Single Family Residential District to "RM-9" Multiple Family Residential: 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 18, 1991. The Vote: Unanimous Ayes Council Member Moss offered Ordinance No. 1974 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-4-91). 8 11/19/91 9 11/19/91 PUBLIC HEARING - re Appeal of Denial of Variance Application V-18-91, by Photon Investments (2020 Court Street) (L-010-410) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing regarding Appeal of Denial of Variance Application V-18-91. 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 Department Recommendation Dated November 11, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry advised that Photon Investments is appealing the Planning Commission's denial of a variance to obtain relief from Section 18.20.060 of the Municipal Code, as it relates to the building currently occupied by Redding Radiological Associates at 2020 Court Street. The code states that front-yard setbacks in the "CO" Office District must be a minimum of ten feet and that a side yard adjacent to a dedicated public street must also be ten feet. Mr. Perry explained the various components of the variance, as outlined in the Report to City Council dated November 11, 1991, incorporated herein by reference. Mr. Perry commented that in order to grant a variance, all the criteria must be found in evidence. The following findings have been made regarding the variance and the Planning Commission found only one factor to be in evidence: 1) There is nothing unique about this property as compared to other properties in a like classification. The lot is larger than normal for the area. 2) The applicant has substantial property rights without the requested encroachments. To grant a variance for this building is to grant a variance for any pre-1980 building in the "CO" Office District. 3) Further encroachment of the office structure into the front and side-yard setbacks would not affect the health or safety of the public; but will simply mean unequal treatment in the application of zoning regulations between new construction and remodels. It is the recommendation of both the Planning Commission and staff that the variance be denied. Leonard Wingate, attorney for the applicant, related that there are two issues which need to be addressed, the variance and the encroachment. He stated that the applicant has reviewed many possibilities regarding the improvement of the property and the plan before Council is deemed to be the most reasonable modification from both an aesthetic and architectural standpoint. He explained that, in light of the fact that the building became of non- conforming use as a result of the City's 1980 action in establishing a ten foot set-back for Court Street, the applicant is of the opinion that the required findings are evident. Mr. Wingate commented that, based upon the fact that the property owners cannot modify this property without the variance, a special circumstance has been created. In addition, by acknowledging that a special circumstance does exist, it is also being recognized that property rights will be preserved and that the property owner should be able to modify or enhance the property accordingly. Mr. Wingate stated that the applicant is requesting that Council make the necessary findings and grant the variance as requested. Dr. Richard Steffans, a physician and radiologist with Redding Radiological Associates, explained that his firm was the first specialty medical group to open in Redding in the 1950's and has occupied the building at 2020 Court Street since the early 1960's. He stated that the firm employs approximately 50 people, with 14 associated radiologists, and is the first and only radiology group to service Redding Memorial/Redding Medical Center, Mercy Medical Center, Shasta General Hospital, Shasta Primary Care Clinic, and Redding Specialty Hospital. 10 11/19/91 Dr. Steffans related, that in addition to representing Redding Radiological Associates, he also represents Photon Investments, which is composed of practicing radiologists at Redding Radiological who not only own the subject building, but the entire City block. He stated that approximately two years ago, the group embarked on the concept of moving the practice to a new building. During deliberations, however, it became clear that the ideal site continues to be the Court Street corridor. It was, therefore, decided that the facility should remain at the current location and renovate not only the entire inside of the building, but the outside as well. Dr. Steffans requested Council to grant the requested variance, with the expectation that it will remain Redding Radiological's home for the next 30 years. Mr. Wingate commented that there is a small portion of the building which currently encroaches approximately three inches into the right-of-way, and the proposal adds an additional nine inches, for a total encroachment of twelve inches. He explained that this encroachment does not constitute an increase in the square footage of the building or any change in the sidewalk structure. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Buffum stated that she takes exception to staff's presentation. She indicated that the architectural work is creative, and the fact that it was completed with less than a twelve inch encroachment displays the applicant's awareness and sensitivity. She opined that criteria 2, as presented in the staff report, represents double standards and that the granting of a variance for this building does not automatically constitute a variance to all such buildings, but should be dealt with on a case-by-case basis. She stated that she favors the appeal being upheld. Council Member Arness concurred with Council Member Buffum and suggested that the City ensure, when the encroachment permit is issued, that the applicant is aware that should the City ever require the subject right-of-way that it, in fact, does belong to the City. Council Member Moss also concurred with Council Member Buffum and stated that Court Street represents a vital area of the community which services the medical and legal community, as well as the governmental area of Shasta County, and the improvements being made along the street are very gratifying. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, to uphold the appeal of Variance Application V-18-91, by Photon Investments, approve the project as submitted, find that all three variance criteria are in evidence and authorize staff to issue the necessary encroachment permit. Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton PUBLIC HEARING - re General Plan Amendment GPA-17-90, by Aksel Damgaard (5160 Sunnyhill Lane) (G-030-010) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing regarding General Plan Amendment GPA-17-90. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Department Recommendation Dated November 19, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry stated that a letter was received from the applicant withdrawing his request; therefore, no action is necessary. PUBLIC HEARING - re General Plan Amendment GPA-11-90, Draft Revision to the Land Use Element of the Redding General Plan 11 11/19/91 (G-030-070) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing regarding General Plan Amendment GPA-11-90. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Department Recommendation Dated November 19, 1991 City Clerk Nichols advised that protests were received from the Law Corporation of Carr, Kennedy, Peterson & Frost and the Shasta Group of the Sierra Club. Planning and Community Development Director Perry related that at its regular meeting of October 22, 1991, following the conclusion of a public hearing, the Planning Commission recommended approval of the draft revision to the Land Use Element of the Redding General Plan to the City Council. In addition, the Commission authorized preparation of a draft Notice of Negative Declaration pursuant to the California Environmental Quality Act (CEQA). State law requires that the Council must first act and approve the Negative Declaration before it can act on the draft revision to the Land Use Element. Mr. Perry explained that the Land Use Element is a follow-up to Judge Lund's decision where he made several findings regarding the Redding General Plan, some of which have been previously cured through separate action. One of the findings made was that the General Plan contained obsolete data, principally in the Land Use Element, which is the reason for the amendment. The attempt of the amendment is to update the document's obsolete data and text. In addition, policies and such that have been promulgated by the City Council and the Planning Commission over the years are also reflected in the element. It is important to note that neither the land use classifications, nor the land use maps, are recommended to be changed. The amendment is basically limited to the data, the text and the policies, and not the land use classifications which cover neither the intensity of use, commercial versus residential, nor the density use for the different residential categories, that aspect remains the same. The policies are generally non-specific and do not pertain to one area, but enable the overlapping of the foundation of the land use planning, which has been done in recent years with the area plans on an area plan basis, taking 6, 10 or 12 square miles that are geographically whole at a time, and doing the land use planning within the overall framework of the overall general plan. Mr. Perry related that if Council wants to explore making a real change in direction, either by allowing additional density and intensity of uses that now exist in the plan or reducing them, it will require that the document go back to the Planning Commission for consideration and processing and would require the preparation of an Environmental Impact Report (EIR). Mr. Perry stated that the recently updated Housing Element and the updated Land Use Element are intended to provide a foundation to further amendments to the Redding General Plan. If the proposed schedule for updating other elements, area plans and consolidating areas, which is included in the element, is followed, Council is making a commitment over the next ten years to extend a certain amount of money each year, either for consultants or staff, to continue the overall update of the plan. Upon completion, the end product will probably be essentially the same as it is today, but it will be in a new format in terms of the way the document is written. The document will be based on the statistics in the Land Use Element and other things which are currently occurring; i.e., the River and Waterways Commission is looking in terms of river management, with the first step being the updating of the Open Space and Conservation Element; the Master Traffic Plan is now being finalized through the Department of Public Works and will provide a basis, with the traffic model particularly being the most important part, to update the Circulation Element; and the Comprehensive Park and Recreation Plan, which the Recreation and Parks Department is preparing, will enable an update of the Recreation Element. These three updates are expected to be done during the next year on an in-house type basis without the use of a consultant. In addition, it is the desire of staff to update at least one area plan a year, beginning with the older ones or with areas which currently do not have a plan, and working through until the ones which have been most recently adopted are being updated. 12 11/19/91 Mr. Perry explained that under the California Environmental Quality Act, an update is considered a project. To that end, a Negative Declaration was prepared with the major consideration being that the Land Use maps and classifications are not being amended, nor are any other Elements at this time. What is in effect on the existing maps at this time will be the same both before and after the amendment. He stated that quite clearly, this is a decision that can be challenged here and in California today. Again, the intent, at this time, is to follow through on Judge Lund's findings of obsolescence and try to amend the document to remove those problems. He related that this document represents neither the beginning, nor the end of the Redding General Plan; rather, it is the evolution of a process that has been going on for some years. Mr. Perry said that if Council decides that the plan does have a significant impact, even though the land use maps and the classifications are not being amended, then, as requested by Mr. Frost and the Sierra Club, the appropriate action would be to complete an EIR. If that is done, for all practical purposes, it would be the same as writing an EIR on the existing plan today, as there are no proposed changes to the land use maps or classifications. He indicated that several things do require an EIR under CEQA: 1) Serious public controversy on the element itself, not about some other incidental project; and 2) Disagreement between experts. From his perspective as Planning Director, Mr. Perry related that an EIR on the update is not meaningful and he would rather spend the money on updating other elements if the same amount of dollars have to be spent. Mr. Perry indicated that as an alternative to either a Negative Declaration or an EIR, CEQA does note two other options. The first is the requirement for preparing an EIR on a local General Plan can be satisfied by the General Plan itself. He indicated that he thought this only works within the context of doing an update on the entire General Plan. In other words, it would make sense if the task dealt with updating all the elements, or any future elements you might do, at this particular time, however, does not make sense within just the context of the Land Use Element itself. The second alternative is to use a mitigated Negative Declaration, which is basically the attachment of conditions to the Negative Declaration to modify a project. In this case, it is the update of the adoption of policies and the update of data, eliminating any which are felt to have environmental impacts. This would be difficult because the policies contained in the document are expressly intended to do just that, and basically, if there is a bias in terms of the policies that are being proposed, they are biased toward mitigation. This is also reflected in several of the other elements which have been completed over the last several years, particularly in the area plans which have EIR's as part of the planned development. Mr. Perry indicated that the issues are whether the City should adopt the update of the Land Use Element and if a Negative Declaration should be adopted at this time in order to do that. Mr. Perry stated that Council's alternatives under the Environmental Act or CEQA guidelines are to either adopt the Negative Declaration or require an EIR. If an EIR is required, it will require a budget allocation and the recruitment of a consultant, unless staff is to be relieved of other current assignments in order to work on the EIR. With the current budget deficit, Council may want to simply look at whether there will be sufficient funds for an EIR; although this should not by itself form the basis of either completing or not completing an EIR. Mr. Perry related that Council's options, in terms of the Land Use Element, are to approve the Element as recommended or to adopt the element with some modifications. Any changes which are made to the maps or the intensity or density of the use of property, will require that the document be referred back to the Planning Commission. He opined that this would then require the completion of an EIR. If Council should choose not to do an update, this would leave Council in a somewhat confused condition with respect to projects occurring within the City, as the obsolescent data that one judge has already found needs to be updated would still exist. He indicated that the last full General Plan update which occurred in this area was the County General Plan update and it took over a year to complete and cost approximately $300,000. If the entire General Plan were to be updated, he stated that it would not probably cost that much, however, it would require a considerable amount of 13 11/19/91 time and involve such things as citizens committees. Again, if the direction of the General Plan is changed, it will require that the document go back to the Planning Commission with both funding and direction. At this point, it is the recommendation of staff that the public hearing be opened to consider the draft element and comments on the Negative Declaration. At this particular time, staff is requesting the adoption of the element, however, Council may desire to take additional time, which is entirely appropriate. In response to Council Member Buffum, Mr. Perry stated that if an EIR were to be completed, it would be similar to the one completed on the Enterprise Zone and estimated it would cost between $25,000 and $35,000, depending on the consultant. Dan Frost, 420 Redcliff Drive, entered his letter of November 14, 1991, incorporated herein by reference, into the record. He stated that in addition to himself, he represents the plaintiffs in Phyllis Lawler, et al v. City of Redding, Lance Mayfield, George and Mary Fowler, George and Molly Cole, Agnes Woodford, Dennis and Carol Layman, Jim Wheeler and Linda Vasilakis. He opined that the law clearly requires the preparation of an EIR. He stated that the City of Redding has never had an EIR prepared for its General Plan and CEQA, especially under circumstances where no previous EIR has been prepared, requires an EIR so that the City and all its citizens are fully aware of all the implications of the development which is permitted by that document. He stated that until an EIR has been prepared, Council is not in a position to judge whether or not the amended Land Use Element should be adopted. He asked Council to look at the basic, reasonable requirement and to ensure that it fully understands the implications of what the amended plan will allow. John Stokes, 2899 Fernwood Street, stated that he is concerned about the planning process in the City of Redding and the lack of public input into the update of the General Plan. In addition to State mandated legal notices, he indicated that broad advertising should be done to ensure that citizens are aware of the opportunity to become involved in helping to establish goals which serve to accommodate growth and maintain the existing quality of life, which is one of the most important ingredients of this community. He opined that the City is not coming up with the necessary innovative answers to the crisis of growth and needs to take advantage of the tool, an EIR, which has been provided through state law in order to make informed decisions. Ilene McCarthy, Managing Attorney with Legal Service of Northern California, stated that her firm represents the low and very low income population and is concerned about the relationship between the Land Use Element and the Housing Element of the City of Redding's General Plan. She explained that state law requires that the policies contained in the Land Use Element must be consistent with the policies of other elements of the General Plan, which includes the Housing Element. Ms. McCarthy indicated that the State Department of Housing and Community Development (HCD) is requiring the City to make various changes to the Housing Element which was adopted by the City on April 16, 1991. HCD suggested that the additional information and analysis should include housing needs, a resources analysis which provides an inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment within the timeframe of the element, and an analysis of the relationship of zoning and public facilities to those sites. She stated that there is concern that the Housing Element fails to designate sufficient land for higher densities which are required in order to construct housing which will satisfy the fair share housing needs of the low and very low income population. As changes to the Housing Element may require further revisions to the Land Use Element, she asked that Council defer the adoption of the Land Use Element until the revised Housing Element is available for review. Melinda Brown, 9951 Tilden Road, indicated that the utility users' tax was a move made to protect Redding's future. She stated that land use is one of the most significant areas which has local control, yet the draft plan relies on a 20 year old EIR, which shows a complete disregard for the planning process. She urged Council to direct staff to prepare a plan which incorporates the comments of the County, Bureau of Land Management, the Sierra Club, and Legal Services of Northern California. 14 11/19/91 Kelly Clark, Chair of the Shasta Group of the Sierra Club, entered his letter of November 18, 1991, incorporated herein by reference, into the record. Ed Fowler, 19178 Gravel Plant Road, commented that it will cost approximately an additional $1,000,000 to build the Softball Complex at the proposed location, versus any other site, due to such requirements as the widening of the overpass, creation of on/off ramps, police travel time, and drilling of a well. He opined that the taxpayers' dollars can be put to better use. Richard Johnson, 3000 Valentine Lane, stated he was pleased that the document noted that new development can be beneficial to the City. He related that both the State Department of Finance and Governor Wilson are noting that growth by itself may or may not lead to positive economic benefits. He stated that individuals who want and demand additional infrastructure and services should be allowed to pay for them. He indicated that the cost to maintain the quality of life and planning for the future is not cheap and each dollar spent needs to be closely watched and public input is important. He concluded that until such time as land use classifications and land use maps are changed, a new EIR should be postponed. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Buffum stated that the issue of the Housing Element and the Land Use Element perhaps not being in total agreement, at this time, is of concern to her and indicated that it might be prudent to take time and further review the document. In addition, she thanked the citizens who took time to participate in the public hearing. Council Member Moss expressed his delight at the number of people who realize the importance of the General Plan, particularly the Land Use Element. MOTION: Made by Council Member Buffum, seconded by Council Member Moss, that consideration of General Plan Amendment Application GPA-11-90, Draft Land Use Element, be continued. Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton ORDINANCE NO. 1973 - Rezoning Application RZ-7-91, by W-4 Ltd. (Southwest corner of Highway 37 and Caterpillar Road) (L-010-230) MOTION: Made by Council Member Moss, seconded by Council Member Arness, that the full reading of Ordinance No. 1973 be waived and the City Attorney be instructed to read the full title: The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that Ordinance No. 1973 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ- 7-91). Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton Ordinance No. 1973 is on file in the office of the City Clerk. FISCAL IMPACT STATEMENT (B-130-070) Mayor Dahl asked for Council's support in convening a meeting of the Council's Finance Committee, Council Member Arness and himself, to examine the idea of a "Fiscal Impact Statement" and to report back to Council their findings within the next 60 days. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, for the Finance Committee to meet and examine the idea of a "Fiscal Impact 15 11/19/91 Statement" and to report back their findings to the full Council within the next 60 days. The Vote: Unanimous Ayes POTENTIAL GENERAL FUND BUDGETARY SHORTFALLS (B-130-070) Mayor Dahl recalled that at the November 5, 1991, meeting City Manager Christofferson made a report on the effect of the economic downturn, State legislative actions and other factors on the City's projected General Fund budget balance. Mayor Dahl stated that if both revenues and expenditures can be fine tuned on a relatively immediate basis, without creating irreversible damage to public services, the City would be in a much stronger position to cope with whatever financial problems may face it in the future. Mayor Dahl proposed that Council ask staff to prepare and submit a plan, including options, as well as a list of at least $400,000 in reductions, for its consideration. He requested that the plan include the following: 1) What projects or programs can be deferred or abandoned, and what are the likely impacts of such action; 2) What measures can be taken to reduce labor costs and what results are likely to occur and can travel expenses be deferred or reduced; 3) What material and supply costs can be reduced without adverse impacts; 4) To what extent is the projected PERS rebate likely to produce a solution and will this be a one-time fix; and 5) What other measures can be considered to reduce General Fund cost, or to increase revenues in the short- run, to ensure that the City completes the 1991-1992 fiscal year in the black, which is required by law and by prudent fiscal management. Mayor Dahl asked for Council's support in calling a Special Council Meeting to be held on Tuesday, November 26, 1991, at 5:15 p.m., in the City Hall Conference Room to discuss the aforementioned items, with the expectation that further action can be taken in December and January, if circumstances warrant. Council Member Buffum concurred with Mayor Dahl's recommendation. She stated she will not be able to attend the meeting; however, she will submit her comments in writing to the Mayor to be entered into the record. Council Member Arness opined that people working within the enterprise funds should also have the same introspective goal as those working out of the general fund, as the public views these funds as one in the same. Council Member Moss also concurred with Mayor Dahl's recommendation. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, to call a Special Council Meeting for Tuesday, November 25, 1991, at 5:15 p.m., in the City Hall Conference Room to discuss potential General Fund budgetary shortfalls. The Vote: Unanimous Ayes STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL CUTBACKS (S-050 & A-110) City Manager Christofferson indicated that the State of California has announced serious cutbacks in the State Department of Alcoholic Beverage Control, which includes virtual closure of the Redding office, as well as a number of other offices throughout the state. Inasmuch as alcohol is connected to so many crimes and accidents resulting in injuries and death in our society, this cutback is almost certain to result in some very negative impacts over time, such as lower level of law enforcement in the alcohol area and the shifting of the remaining burden to local law enforcement agencies. It is the recommendation of staff that Council communicate its concerns regarding the cutback in alcoholic beverage law enforcement to such individuals as the Governor, Assemblyman, Senator, and possibly others. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, authorizing that its concerns regarding the cutback in alcoholic beverage law enforcement be communicated to the appropriate individuals. The Vote: Unanimous Ayes PLANNING AND COMMUNITY DEVELOPMENT MONTHLY STATUS REPORT (A-050-250) 16 11/19/91 Planning Director Perry submitted the Monthly Status Report through October, 1991 for the following work areas: (1) annexations; (2) planning and zoning; (3) building and population; (4) housing assistance; (5) Redevelopment Agency; and (6) Cable. This was an information item and no action was required. TREE PRESERVATION ORDINANCE (A-050-220-075) Planning and Community Development Director Perry stated that the Tree Preservation Ordinance, which staff was instructed to prepare, is before Council for first reading. Council Member Buffum explained that the Tree Preservation Subcommittee, consisting of Council Member Moss and herself, has come a long way in working with the Tree Committee, the Shasta Builders' Exchange, and various business persons and environmentalists within the community. In order to make a few additional changes to the proposed ordinance, she stated that Council Member Moss and herself are requesting that the item be continued for an additional two weeks. 17 11/19/91 MOTION: Made by Council Member Buffum, seconded by Council Member Moss, to continue the item regarding the Tree Preservation Ordinance to December 3, 1991. The Vote: Unanimous Ayes PROPERTY TAX EXCHANGE AGREEMENTS (T-010-650 & A-150- ) Planning and Community Development Director Perry recalled that Council directed staff to initiate revised Property Tax Exchange Agreements on all annexations pending at Local Agency Formation Commission (LAFCO). These agreements mirror the Property Tax Exchange Agreements that have been adopted by Shasta County over the past 15 months on these annexations and provide Shasta County with 100% of the Base Year Tax and 100% of all annual tax increment revenue that was allocated to Shasta County prior to annexation. The agreements also provide Redding 100% of the Base Year Tax that was allocated to the Shasta County Fire Protection District before annexation and 100% of all annual tax increment revenue. It is the recommendation of staff that the resolutions rescinding previous Council action and approving new Property Tax Exchange Agreements be adopted. In response to Council Member Buffum, Mr. Perry explained that staff has not received formal notification from LAFCO; however, discussions indicate that the new filing fee, rather than the filing fee at the time the annexation was originally filed, will be required. Council Member Buffum stated that her discussions with Shasta County Board Members indicate that the County will hold out for additional monies. She asked if Council wants to start proceedings, when there is not a confirmed agreement in place. Council Member Arness opined that he sees Council responding to the Board's written request. Mr. Perry explained that the Board has previously adopted Property Tax Exchange Agreements for all pending annexations using this particular formula. Mayor Dahl stated that informal discussions with both the Chair and Vice Chair indicate that they are willing to move forward with the pending annexations and that the other issues can be dealt with on future annexations. In addition, positive signs regarding the proposed agreements were received at the last LAFCO meeting. In response to Council Member Buffum, City Manager Christofferson stated he spoke with Mike Johnson, Shasta County's Chief Executive Officer, and he saw no problem with the adoption of these resolutions, as the Board has previously adopted agreements using the same formula. He indicated that the only issue left is the fee which LAFCO will assess, and that is a separate issue. In view of the General Fund deficit, Council Member Buffum asked if there is a concern regarding the annexations. Mayor Dahl responded that the only other alternative is no annexations. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that the following resolutions be adopted: 1) Resolution No. 91-499, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-368 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. 88-2 (Oregon Gulch/Texas Springs Road Area); 2) Resolution No. 91-500, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-366 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. 88-7 (Old Highway 44); 3) Resolution No. 91-501, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-568 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. 89-5 (Buckeye Area); 18 11/19/91 4) Resolution No. 91-502, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-364 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. 89-14 (Girvan/Pit Road Area); 19 11/19/91 5) Resolution No. 91-503, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-369 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. 89-15 (Bond Ridge Drive); 6) Resolution No. 91-504, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-363 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. 89-16 (Rancho Road); 7) Resolution No. 91-505, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-365 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. 90-1 (Abernathy Lane); 8) Resolution No. 91-506, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-569 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. 90-2 (Quartz Hill/Keswick Dam); 9) Resolution No. 91-507, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-367 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. 90-3 (Clear Creek Mobile Park); 10) Resolution No. 91-508, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-522 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. 90-8 (Hollow Lane Area); 11) Resolution No. 91-509, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-523 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. 90-9 (Kisling Road Area); 12) Resolution No. 91-510, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-524 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. 90-10 (Posey Lane Area); and 13) Resolution No. 91-511, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 90-570 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. 90-12 (Quartz Hill/Keswick Dam Area II). Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss and Dahl Noes: Council Members - None Absent: Council Members - Fulton Resolution Nos. 91-499, 91-500, 91-501, 91-502, 91-503, 91-504, 91-505, 91- 506, 91-507, 91-508, 91-509, 91-510, and 91-511 are on file in the office of the City Clerk. PROPERTY TAX EXCHANGE AGREEMENT - Annexation 90-15, Tierra Oaks (T-010-650 & A-150-237) Planning and Community Development Director Perry recalled that Council directed staff to initiate revised Property Tax Exchange Agreements on all annexations pending at Local Agency Formation Commission (LAFCO). These agreements mirror the Property Tax Exchange Agreements that have been adopted by Shasta County over the past 15 months on these annexations and provide Shasta County with 100% of the Base Year Tax and 100% of all annual tax increment revenue that was allocated to Shasta County prior to annexation. The agreements also provide Redding 100% of the Base Year Tax that was allocated to the Shasta County Fire Protection District before annexation and 100% of all annual tax increment revenue. It is the recommendation of staff that the resolution rescinding previous Council action and approving a new Property Tax Exchange Agreement for Tierra Oaks be adopted. 20 11/19/91 MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that Resolution 91-512 be adopted, a resolution of the City Council of the City of Redding rescinding City Council Resolution No. 91-483 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). 21 11/19/91 Voting was as follows: Ayes: Council Members - Arness, Buffum, and Dahl Noes: Council Members - None Absent: Council Members - Fulton Abstain: Council Members - Moss Resolution No. 91-512 is on file in the office of the City Clerk. ORDINANCE - Conflict of Interest Code (F-010-150) City Clerk Nichols explained that Government Code Section 87300 requires every agency to adopt and promulgate a conflict of interest code which designates the positions within an agency which make or participate in making governmental decisions which may foreseeably have a material effect on any financial interest. Ms. Nichols related that the Fair Political Practices Commission Regulation 18730 contains provisions for the body of a conflict of interest code, which has recently been standardized to apply to all agencies. Incorporating this regulation by reference as the body of the City's code means that all changes to the required provisions of a conflict of interest code will automatically be a part of its code. By doing so, the body, or required provisions of the code, will always be up-to-date and in compliance with the law and only require that the appendix of designated positions and the disclosure categories current with the organizational structure of the agency be amended. It is the recommendation of staff that the Model Conflict of Interest Code be offered for first reading. Council Member Moss offered Ordinance No. 1975 for first reading, an ordinance of the City Council of the City of Redding amending Title 2 of the Redding Municipal Code by repealing Chapter 2.88, 2.89, and 2.90; and adding Chapter 2.90 pertaining to the Conflict of Interest Code for designated positions of the City of Redding. ROUTINE REPORTS AND COMMUNICATIONS Letter from Pacific Gas and Electric Company re Rate Adjustment (S-050-350) Alcoholic Beverage License Applications (A-110-140) Holiday Quality Foods #43 (North State Grocery, Inc.) 2225 Eureka Way ADJOURNMENT There being no further business, at the hour of 8:45 p.m., Mayor Dahl declared the meeting adjourned to 8:30 a.m., November 23, 1991, at the Cascade Room of the Best Western Hilltop Inn, 2300 Hilltop Drive, Redding, California, for a Council workshop. APPROVED: _________________________________ Mayor ATTEST: ______________________________ City Clerk