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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1993-03-16 - Special1 03/16/93 City Council, Special Meeting City Council Chambers 1313 California Street Redding, California March 16, 1993 6:30 p.m. The meeting was called to order by Mayor Moss with the following Council Members present: Anderson, Arness, Dahl, Kehoe and Moss. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, City Clerk Strohmayer and Secretary to City Council Rudolph. CLOSED SESSION (L-100) Mayor Moss stated that City Council would adjourn to closed session pursuant to California Government Code Section 54956.9(a) to discuss the status of pending litigation in the case of Pacific Bell v. City of Redding, et al., Shasta County Superior Court Case No. 96288. At the hour of 6:30 p.m., Mayor Moss declared the meeting adjourned to closed session. At the hour of 6:47 p.m., Mayor Moss declared the meeting reconvened to regular session. MOTION: Made by Council Member Anderson, seconded by Council Member Dahl, authorizing settlement of pending litigation in the case of Pacific Bell v. City of Redding, et al., Shasta County Superior Court Case No. 96288, as discussed in closed session. The Vote: Unanimous Ayes APPOINTMENTS - Redding-Shasta Home Financing Authority (R-025) MOTION: Made by Council Member Kehoe, seconded by Council Member Dahl, appointing Council Members Anderson and Arness to the Redding-Shasta Home Financing Authority. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 6:49 p.m., Mayor Moss declared the meeting adjourned. APPROVED: _____________________________________ Mayor ATTEST: ___________________________________ City Clerk City Council, Regular Meeting City Council Chambers Redding, California March 16, 1993 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Pastor Dan Byus, Christian Life Center. The meeting was called to order by Mayor Moss with the following Council Members present: Anderson, Arness, Dahl, Kehoe and Moss. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development 2 03/16/93 Perry, Fire Chief Bailey, Director of Finance Downing, Assistant City Engineer Aasen, Director of General Services Masingale, Director of Information Systems Kelley, Assistant Finance Director Sundin, Airports Director Ruff, Associate Planner DeMallie, Public Information Officer Bachman, City Treasurer Linville, Assistant City Clerk Moscatello, City Clerk Strohmayer and Secretary to the City Council Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 17, check number 190858 through 191278 inclusive, in the amount of $1,986,047.17, be approved and paid, and Payroll Register No. 18, check numbers 353755 through 354469 inclusive, in the amount of $835,069.62, and Automatic Payroll Deposits, check numbers 14894 through 15059 inclusive, in the amount of $237,958.26, for a total of $1,073,027.88, for the period of February 14, 1993 through February 27, 1993, be approved. TOTAL: $3,059,075.05 Treasurer's Report - February, 1993 (A-050-100-600) Total Treasurer's Accountability- $ 48,663,627.05 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities- $142,082,104.69 Request from Service Employee International Union/Redding Employees Organization - re Dues Deduction (P-100-050-126) It is the recommendation of the Assistant City Manager that Council authorize the Service Employees International Union/Redding Employees Organization to have the dues of its members, who have expressly so authorized in writing, deducted from pay checks. Request for Proposals - re Underwriting Services for Transfer Station/Materials Recovery Facility Project (D-050 & S-020-650) It is the recommendation of the Director of Finance that Council authorize staff to circulate requests for proposal for underwriting service for the planned transfer station/materials recovery facility long-term debt issue. Planning and Community Development Monthly Status Report (A-050-250) It is the recommendation of the Planning and Community Development Director that the 1992 Year End Report and the Monthly Status Report through February 1993, for the following work areas in the Planning and Community Development Department be accepted: (1) Annexations; (2) Zoning, Subdivisions, and General Plan Amendments; (3) Building and Population; (4) Housing Assistance and Rehabilitation; and (5) Redevelopment. Set Public Hearing - re Amendment of Chapter 18.64 of the Redding Municipal Code relating to Environmental Review Pursuant to CEQA (L-010-500-050) It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., April 6, 1993, to consider an amendment to Redding Municipal Code Chapter 18.64 pertaining to the processing procedures and content requirements of environmental documents pursuant to the California Environmental Quality Act (CEQA). Resolution - Extending Agreement with Economic Development Corporation re Economic Development Revolving Loan Fund (G-100-030-037 & B-130-030-045) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-78 be adopted, a resolution of the City Council of the City of Redding extending the term of the agreement between the City of Redding and the Economic Development Corporation for the Economic Development Revolving Loan Fund to May 31, 1993, and authorizing the Mayor to sign same. Accept Schedule - re 1993 Community Development Block Grant Program Schedule (G-100-030-038) 3 03/16/93 It is the recommendation of the Planning and Community Development Director that Council accept the 1993 Community Development Block Grant (CDBG) Program schedule as depicted in the Report to City Council, dated March 16, 1993, incorporated herein by reference. Resolution Setting Public Hearing - re Abandonment Application A-10-92, by the City of Redding (Between Lucerne Court and Creekside Street) (A-010-040) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-79 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a surplus ditch easement and a surplus pedestrian easement located between Lucerne Court and Creekside Street and setting a public hearing for 7:00 p.m., April 20, 1993 (A-10-92). Award of Bid - re Bid Schedule No. 2730, Purchase of Steel Structures for Beltline Substation (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2730, purchase of steel structures for Beltline Substation, be awarded to the evaluated low bidder, Falcon Steel, in the amount of $69,703.92. Funds for the purchase of this equipment are included in the 1989 Electric System Project Financing Program, Job Order No. 9284-25. Rejection of Bid - re Bid Schedule No. 2717, Energy Control System (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2717, energy control systems, be rejected and staff authorized to rebid the necessary equipment. Request to Issue Request for Proposal - re Contract Operation of the Redding Power Plant (E-120-150) It is the recommendation of the Electric Utility Director that Council authorize the issuance of the Request for Proposal (RFP) when completed by Henwood Energy Services, Inc. It is further recommended that Council authorize the concurrent opening of the Henwood estimate of the City's cost to operate the Redding Power Plant and the proposals received in response to the RFP. Resolution - Approving Operating Agreement with M-S-R Public Power Agency, the Modesto Irrigation District, and the City of Santa Clara (E-120-500) It is the recommendation of the Electric Utility Director that Resolution No. 93-80 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Operating Agreement between the M-S-R Public Power Agency and the Modesto Irrigation District, the City of Santa Clara, and the City of Redding, and authorizing the Mayor to sign same. There are sufficient funds included in the current budget to cover the associated expenses for the 1993-93 fiscal year, Job Order No. 4807-23. Resolution - Approving Amendment of Permit with Rodney D. and Marilyn K. Thomas dba Redding Raceway (C-070-100 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 93-81 be adopted, a resolution of the City Council of the City of Redding approving the Amendment to Permit, providing a month-to-month rental agreement, between the City of Redding and Rodney D. Thomas and Marilyn K. Thomas, doing business as Redding Raceway, for activities at Redding Municipal Airport, and authorizing the Mayor to sign same. Resolution - re Proposals for Restaurant at Redding Municipal Airport (B-050-100 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 93-82 be adopted, a resolution of the City Council of the City of Redding declaring that no statements of interest and qualifications were received to the City's Request for Proposals (RFP) for a restaurant at the Municipal Airport (Bid Schedule 2715); that proposals may be acquired in the open market; and that the RFP process be bypassed and the City Manager authorized to conduct the negotiations therefor and execute the necessary documentation. 4 03/16/93 Approval of Request - by Exchange Club of Redding to Hold Air Show '93 at Redding Municipal Airport (A-090-100) It is the recommendation of the Airports Director that Council approve the Exchange Club of Redding's request to hold Air Show '93 at the Redding Municipal Airport on May 22 and 23, 1993. Resolution - Establishing Dog License Fees * (F-205-600 & A-130-100) It is the recommendation of the City Clerk that Resolution No. 93-83 be adopted, a resolution of the City Council of the City of Redding amending its Schedule of Fees and Service Charges to provide for a one-, two-, and three- year dog licensing program. Request to Sell Alcohol - by Redding Rodeo Association at Team Penning Event at Redding Rodeo Grounds (A-110-100) It is the recommendation of the City Clerk that Council approve the request of the Redding Rodeo Association to sell alcoholic beverages at its Team Penning event to be held at the Redding Rodeo Association's rodeo grounds on May 1, 1993, from 10:00 a.m. to Midnight. Resolution - Proclaiming Week of March 29 through April 4, 1993, as Shasta Dixieland Jazz Festival Week (A-050-060-600) It is the recommendation of the Recreation and Parks Director that Resolution No. 93-84 be adopted, a resolution of the City Council of the City of Redding proclaiming March 29 through April 4, 1993, as Shasta Dixieland Jazz Festival Week. Resolution - Annual Update/Amendment to Investment Policy (A-050-060-555 & D-050) It is the recommendation of the City Treasurer that Resolution No. 93-85 be adopted, a resolution of the City Council of the City of Redding expanding its Investment Policy No. 408 in accordance with Assembly Bill 3576. Resolution - Appropriating Funds re Bid Schedule No. 2608, Construction of Redding Municipal Airport Corporate Taxiway "D" Extension * (B-130-070 & G-100-070-095 & A-090-100 & B-050-020) It is the recommendation of the Public Works Director that Resolution No. 93- 86 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 54th amendment to City Budget Resolution No. 92- 306 (1) Appropriating $60,000.00 for parallel taxiway "D" extension; and (2) Authorizing the receipt of $60,000.00 in related revenue. Resolution Accepting Streets and Acceptance of Final Map and Improvements - Cumberland Heights Subdivision (S-3-92) (South of Placer Street on the west side of Cumberland Drive) * (S-070-230 & S-100-119-100) It is the recommendation of the Public Works Director that Resolution No. 93- 87 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Whitney Court in the Cumberland Heights Subdivision. It is also recommended that the improvements in Cumberland Heights Subdivision, developed by Gifford Construction, Inc., be accepted as satisfactorily completed and the City Clerk be instructed to file the Map with the Shasta County Recorder. Resolution - re Street Closures for Nor Cal Run (P-030-250) It is the recommendation of the Public Works Director that Resolution No. 93- 88 be adopted, a resolution of the City Council of the City of Redding pertaining to the John Frank Norcal Run to be held on Saturday, March 27, 1993, from 6:00 a.m. to 3:00 p.m. in Caldwell Park and authorizing closure of certain portions of the City Street System, sponsored by the Shasta Wonderland Elite Athletic Team (S.W.E.A.T.). It is further recommended that the conditions set forth by the Recreation and Parks Commission be ratified. 5 03/16/93 Resolution - Ordering Abatement of Property Located at 2515 Howard Drive, Owned by Craig H. Scott (A-030-070) It is the recommendation of the City Attorney that Resolution No. 93-89 be adopted, a resolution of the City Council of the City of Redding approving the Report and Findings of the Board of Appeals, and ordering the abatement of the unsafe and unsightly building(s) and debris on the property at 2515 Howard Drive, owned by Craig H. Scott. MOTION: Made by Council Member Kehoe, seconded by Council Member Dahl, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Anderson, Arness, Dahl, Kehoe & Moss Noes: Council Members - None Absent: Council Members - None Resolution Nos. 93-78, 93-79, 93-80, 93-81, 93-82, 93-83, 93-84, 93-85, 93- 86, 93-87, 93-88 and 93-89 are on file in the office of the City Clerk. - - - - - - - - LETTER OF RESIGNATION - From Jack Kenealy from Board of Appeals (B-080-050) MOTION: Made by Council Member Kehoe, seconded by Council Member Dahl, accepting the resignation of Jack Kenealy from the Board of Appeals effective immediately. The Vote: Unanimous Ayes PUBLIC HEARING - re Establishment of Fire Department Medical Response Fees (F-205-600 & P-150-070) Assistant Finance Director Sundin reviewed the Report to City Council dated March 9, 1993, incorporated herein by referenced. She indicated that in 1970, the City consisted of 15.2 square miles and a population of 16,659. Serving that area and population was one fireman per 617 people. Today, the population is 75,000 with an area of 58.5 square miles. There is currently one fireman per 1,119 people, which is an 81 percent decline in fire personnel from 1970. By and large, the mainstay of providing public services for the City has been property tax and sales tax. Property tax has declined in percentage of total funding from 29 percent of the General Fund in 1972 to 17.5 percent in 1992. Ms. Sundin explained that as the City and people have changed, so has the mission of the Fire Department. From what was once mainly fire containment and then suppression, services have grown into fire prevention, rescue services and paramedic services. Currently, the Fire Department estimates that two-thirds of its training, response, and standby time can be allocated to rescue and paramedic services. Ms. Sundin stated that given the circumstances that funding for the General Fund is inadequate, the individual receiving services from the Fire Department can afford to pay for them or insurance coverage is available to cover the cost of emergency medical services received, it would appear prudent to recover the cost of these services. A number of agencies in California have implemented fees or other alternative revenues to fund such services. Ms. Sundin further commented that Medi-Cal and Medicare do not automatically cover such services. However, in speaking with a consultant which deals in this area, it was his opinion that the City could reasonably expect approval of the extension of coverage to the City's services. It is the recommendation of staff that Council adopt a resolution implementing certain fees for identified services within the Fire Department, particularly medical response fees, resulting in a net revenue estimate of $230,000.00. Mayor Moss determined that there was no one present wishing to speak on the matter and closed the public hearing. Council Member Arness acknowledged the services provided by the Fire Department and the fact that the City's population is nearing 80,000. He 6 03/16/93 concurred with staff's recommendation and supported the implementation of certain medical response fees. Council Member Dahl indicated that this is a perfect example of where a General Fund supported department is stretched to its limit and can no longer afford to provide many subsidies. He commented that this is an instance where the City can take a business-like posture and require individuals to pay for a service being received. He noted that out of the estimated $390,000.00 considered billable, the estimated collectable amount of $230,000.00 represents a significant amount of additional revenue for the department. He, therefore, concurred with the implementation of certain medical response fees. Mayor Moss related a personal incident where he had to utilize the Fire Department's services under a 911 emergency call. He stated that the Fire Department arrived approximately 15 minutes before the ambulance and in that period of time made both the patient and family more comfortable. He opined that the additional $75.00 to $100.00 added to the other major medical expenses, in most cases, would be considered minimal. He viewed the additional costs well worth the quality of services provided. Given the current economic environment, Council Member Kehoe did not feel that this was an appropriate time to impose increased fees on individuals or businesses. Secondly, he viewed the medical response fees as a possible barrier for people utilizing the Fire Department's emergency services. He noted that this is an area in which the City has traditionally provided the services free of charge, and he was not prepared to implement such fees. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, that Resolution No. 93-90 be adopted, a resolution of the City Council of the City of Redding authorizing fees for certain services provided by the Fire Department and are herein incorporated into the City's Schedule of Fees and Charges. Voting was as follows: Ayes: Council Members - Arness, Dahl and Moss Noes: Council Members - Anderson and Kehoe Absent: Council Members - None Resolution No. 93-90 is on file in the office of the City Clerk. REAPPOINTMENTS TO TOURISM AND CONVENTION COMMISSION (B-080-540) MOTION: Made by Council Member Dahl, seconded by Council Member Anderson, to reappoint Karla Dayton and Warren Lane to the Tourism and Convention Commission to serve four-year terms expiring January 1, 1997. The Vote: Unanimous Ayes ORDINANCE NO. 2043 - re Revisions to Redding Municipal Code Chapter 14.16, Sewers (W-010) MOTION: Made by Council Member Dahl, seconded by Council Member Anderson, that the full reading of Ordinance No. 2043 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes City Attorney Hays explained that the Government Code provides for the publication of summary ordinances. Given the length of the sewer ordinance, staff is requesting that Council ratify and authorize the summary publication of the sewer ordinance and designate the City Attorney's office as the point of preparation of the summary. He noted that this would result in a savings of approximately $1,500.00. MOTION: Made by Council Member Anderson, seconded by Council Member Dahl, that Ordinance No. 2043 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 14, Utilities, by repealing Chapter 14.16 in its entirety and adding a new Chapter 14.16 pertaining to sewers. Voting was as follows: Ayes: Council Members - Anderson, Arness, Dahl, Kehoe and Moss Noes: Council Members - None Absent: Council Members - None Ordinance No. 2043 is on file in the office of the City Clerk. 7 03/16/93 MOTION: Made by Council Member Dahl, seconded by Council Member Kehoe, to ratify and authorize the summary publication of Ordinance No. 2043 regarding sewers and designate the City Attorney's office as the point of summary preparation. The Vote: Unanimous Ayes ESTABLISHMENT OF ADJOURNED MEETING - re Preferred-Provider Program and Meet- and-Confer Status (A-050-060) City Manager Christofferson recalled that Council has received several written progress reports on efforts to develop a Preferred-Provider Proposal relating to health insurance. The City's consultant, Charles Bertolina, was unable to attend the March 16, 1993, meeting. Staff is proposing that Council adjourn this meeting to Tuesday, March 23, 1993, at 5:15 p.m. to discuss the Preferred-Provider Proposal and for a closed session to discuss the status of meet-and-confer activities. Council Member Kehoe noted that three Council Members will be attending the Regional Transportation Planning Agency meeting at 4:00 p.m., March 23, 1993. He, therefore, recommended that Council adjourn to 6:00 p.m., March 23, 1993. It was the consensus of Council to adjourn to 6:00 p.m., March 23, 1993, to consider the Preferred-Provider Proposal and for a closed session to discuss the status of meet-and-confer activities. RECOMMENDATION FOR MEETING LABOR RELATIONS NEGOTIATING NEEDS (P-100-050) City Manager Christofferson reviewed the Report to City Council dated March 9, 1993, incorporated herein by reference, which provided additional information with regard to meeting labor relations negotiating needs. He noted that Council, at its meeting of March 2, 1993, requested additional information relative to a "blended cost" of the labor relations negotiating program. Mr. Christofferson explained that the main part of the information requested is a blend of three different elements: 1) The cost of a staff negotiator; 2) The staff specialist who would accompany the negotiator; and 3) The contract negotiator. He noted that the staff specialist is common to each scenario and is not really part of the equation. The cost of the staff negotiator has been identified at $64,000.00, which is inclusive of benefits. He stated that the contract negotiator portion of the blend is a little more difficult to calculate. Staff found that in 1990-91 the actual billings paid to the contract negotiator was $35,640.00, in 1991-92 $25,236.14, and $32,593.17 for the first six months of the current year. A straight-line extension of this figure would produce an annual cost of about $65,000.00 this year, and the budget contains $68,250.00 for this purpose. A more realistic extension for the second half of the year would be in the $75,000.00 to $90,000.00 range, if the contract negotiator is utilized more extensively, as is contemplated, particularly if a staff negotiator is not on board in May or June. Mr. Christofferson indicated that the best estimate as to the blended cost is, therefore, $64,000.00 for the staff negotiator and about $75,000.00 for the contract negotiator, for a total of $139,000.00. If the total number of hours involved in negotiations rises as the result of the increase from six bargaining units to ten, the contract negotiator's bill will rise, assuming that it is not supplemented by staff involvement. The staff members borrowed from operating departments do not represent an additional cost, but rather, work that is not accomplished in the department assigned. As such, the cost of collective bargaining is concealed in operating departments, and primary work assigned is not being completed. Mr. Christofferson explained that while, at about $30.00 per hour, the cost of staff support at the bargaining table and a primary staff negotiator are about the same, the same objective is not served. The "second chair" at the bargaining table is essential to provide specialized information in the particular negotiations at hand, as well as representing the operating department, development of comparability data from public and private employers, development of proposals and counter proposals, costing out proposals, developing specific contract language, and note taking. The primary staff negotiator provides the steam behind the whole effort, in terms 8 03/16/93 of continuity, strategy, and uniformity of approach, in consultation with Council and this office. Mr. Christofferson stated that the more work that the proposed staff negotiator can absorb, the lower the cost, and the more the City must rely on contract negotiators, the higher the cost. Mr. Christofferson noted that a letter has been received from John McCammon, Shasta County's Administrative Officer, expressing interest in possibly buying some the City's staff negotiator's time. Mr. Christofferson referenced the letter received from the Shasta Business Council which stated that the salary of $48,000.00 would not hire a negotiator with the skills required for the job. He indicated that cities all over the State of California are doing this very thing and it is consistent with his own experience. As far as the staff negotiator having a conflict of interest, he stated that Council is not seeking an independent individual but one who has the ability to conduct negotiations in harmony with Council's policy. The letter also cites the City of Sunnyvale which has a program strikingly similar to the City's in terms of the number of hours and how much is paid to negotiators. He indicated that it might be better to compare the City to the cities which are typically used as comparisons, all of which are more similar than Sunnyvale, and utilize a program which is similar to the one being proposed by staff. Staff is of the opinion that the Shasta Business Council's suggestion would be extremely expensive in the long run. Staff is recommending that council establish the position of the Labor Relations Manager, adopting the job description and salary plan amendment. The request for a supplemental appropriation was withdrawn, as it appears most unlikely that there would be sufficient time to advertise, recruit, screen, interview and investigate candidates and have a person on board prior to July 1, 1993. Lance Frederickson, Executive Director of Shasta Business Council, thanked Council for the opportunity to provide a recommendation regarding a Labor Relations Manager. He explained that the Shasta Business Council's letter is basically an overall philosophical statement backed up by a number of individual findings and built on two very basic premises: 1) The City is justified in retaining its freeze on creating new positions, especially in the middle of a fiscal year; and 2) The City should take into account, not only the dollars it is going to spend for each individual involved in the negotiating process, but also the overall financial picture and examine the amount being spent on a negotiator versus what is being received. He noted that the City of Sunnyvale utilizes Becker and Bell, which charges $125.00 per hour. They recently had to go through essentially seven negotiations because of a two-thirds ratification required by one union which resulted in a total bill for consultant work of $50,000.00. In speaking with the Assistant City Manager and Personnel Director of Sunnyvale they indicated that approximately 3,519 hours of staff time was also required, in comparison to the City of Redding's 4,700 hours. He explained that one possible explanation for the difference in hours is the fact that the negotiating team, in conjunction with the City Manager, meets directly with the Council to get their marching orders. He expressed appreciation to John Fitzpatrick, Archer Pugh, George Lewellen, and Del Williamson for their assistance with this brief study. He also indicated that his comments regarding the California Association of Employees were not meant to discount the organization. He acknowledged their extensive experience, but his findings indicate that it has not provided basic bargaining services for an entire city. Mr. Christofferson interjected that the City of Redding's process of the negotiator and City Manager meeting with Council parallels Sunnyvale's process. Mr. Frederickson replied that there are people who would disagree with that. Council Member Dahl expressed his displeasure with the erroneous information conveyed by Mr. Frederickson regarding Redding's process. In his seven years of negotiations, the City's negotiators always met directly with the City Council who then set out the parameters of what could be negotiated, and any proposal was then brought back to Council for further direction. He 9 03/16/93 explained that when erroneous information is contained in a recommendation, it affects the credibility of the entire recommendation. He suggested that Mr. Frederickson go back to his source of misinformation and explain the error. Mr. Frederickson asked Council to accept his complete apology if the comments were in error in any way. Mayor Moss, while concurring with Council Member Dahl, stated that it does assist Council in its deliberations to have individuals of the stature represented by the Shasta Business Council providing information on issues such as this. He was not sure that in the long run it would be economically beneficial to have a labor negotiator on staff. In the short term, Mr. Moss preferred to contract for the service due to the very demanding negotiating schedule for nine bargaining units. He was also concerned about the effectiveness of bringing new staff into the process cold. In his opinion, the recommended salary would not attract someone with the clout and knowledge required. Mayor Moss asked how much the City has spent this year or in the last fiscal year on outside legal assistance. City Attorney Hays was unable to provide a cost figure for outside legal assistance as that is either allocated within the Risk Management or Personnel Departments depending on the type of assistance required. Mr. Christofferson explained that while the capabilities, talents and skills of the Labor Relations Manager are substantial, they are not any greater than the skills required for the Police Chief, Fire Chief, Electrical Director, etc. The Council, in fact, exercises more direct control over the Labor Relations Manager than any of the other departmental functions. If Council wants to pay the Labor Relations Manager more, he indicated that could be arranged, but he did not believe a consultant is required to perform the necessary work. In response to Council Member Dahl, Mr. Christofferson replied that if Council were to opt to go with a consultant, the process would be simple. Staff would just expand Ron Reynold's contract. If that were not acceptable, a Request for Proposal (RFP) could be issued but would probably take the same amount of time as it would to recruit someone to hire. If the City were to recruit a Labor Relations Manager, it would recruit individuals with skills and experience. He stated that he felt a professional responsibility to notify Council when something is more cost effective; however, once that has been done, the final decision rests with Council and staff will make it work. Council Member Anderson concurred that it is important to have an experienced negotiator. He favored, for at least one or two years, utilizing a contract negotiator. Council Member Arness opined that there is a real need for corporate memory and did not know how that would be maintained with a contract negotiator. He did not believe peer pressure would be a problem as purported by the Shasta Business Council. He stated that the hiring of a Labor Relations Manager is not new to the City, because the City previously employed Ron Reynolds, who represented the City in contract negotiations. He indicated that he was leaning toward postponing a decision, but he reiterated that he definitely places a value on corporate memory. Council Member Kehoe stated that he has not heard any compelling reason for the City to vacate its present hiring freeze relative to the addition of the Labor Relations Manager. His first preference was to utilize an individual within the City without requiring another position. It is apparent, however, that there is not the corporate will to make this happen. Absent the willingness to adjust some of the elements of certain positions, he recommended that the City maintain the status quo relative to the current contract environment and request Assistant City Manager McMurry to become more actively involved in certain elements of negotiations. Council Member Dahl saw merit with pursuing Council Member Kehoe's suggestion as a possible alternative before investing significant amounts of money into consultants. Even if it were only utilized for the current fiscal year, he would like to further review it. 10 03/16/93 Mr. Christofferson stated that while there are employees with the necessary skills, there are only five or six people on staff with the requisite experience and all of them have current responsibilities. He concurred that Mr. McMurry is very good at negotiating and recently negotiated the police contract. He noted that the Council has placed a very high premium on the economic development program. If it is Council's desire to move in that direction, however, it can be accomplished. Council Member Anderson concurred with utilizing the Assistant City Manager more in the negotiation process. He requested that staff provide an analysis of the Assistant City Manager's time for Council's review to determine if some of the responsibilities can be reconfigured. Mayor Moss stated that economic development is extremely important, but given the fact that the City currently has nine units with which to negotiate, he concurred that someone of the Assistant City Manager's stature is required. MOTION: Made by Council Member Kehoe, seconded by Council Member Dahl, requesting the City Manager to conduct a limited work force analysis relative to the Assistant City Manager position that would outline the alternatives and consequences if the Assistant City Manager were utilized in labor relations negotiation. The Vote: Unanimous Ayes LEGISLATIVE MATTERS (L-040-300) Council Member Anderson abstained from discussion and voting on this matter. In a Report to City Council dated March 11, 1993, incorporated herein by reference, Public Information Officer Bachman explained that the following bills are currently under consideration and recommended possible positions Council may wish to take on each: 1) Support AB418 which would remove the exemption of banks and other financial corporations from paying local taxes such as the City's business license tax; 2) Support AB401 which would increase the recycling of bottles by creating a financial incentive for people to take them to a recycling center; 3) Oppose SB243 which would require local government agencies to refund subdivision map fees and applicant costs to developers in a case where the City or other local jurisdiction exceeds the short time limits in existing law for processing subdivision maps; 4) Support AB193 which would allow local government agencies to choose not to use prevailing wage requirements for public works projects that are entirely funded by local revenue; and 5) Support AB898 which would release cities from responsibility for hazardous waste clean-up in cases where unbeknownst to the City a customer of their waste water utility releases substances into the waste water system that create a hazardous waste situation. Council Member Arness did not support AB401 relating to recycling incentives as it appears more money is being spent with little return. MOTION: Made by Council Member Dahl, seconded by Council Member Kehoe, directing staff to take the necessary steps to make the City's support of AB418, AB401, AB193, and AB898 and opposition to SB243 known to appropriate state officials. Voting was as follows: Ayes: Council Members: Dahl, Kehoe and Moss Noes: Council Members: Arness Absent: Council Members: None Abstain: Council Members: Anderson OFFER BY GENE CRIPPA TO SELL CITY PROPERTY (C-070-010) Planning and Community Development Director Perry recalled that on December 1, 1992, Council directed that an appraisal be obtained for the property Mr. Crippa offered to sell to the City if the Department of Fish and Game would not do a joint appraisal. Fish and Game advised us that this information would be proprietary and would not be a Member of Appraisal Institute (MAI) appraisal. The appraisal received provided a total appraised value of $542,000.00 for the 48.44 acres, of which $232,000.00 is within the floodplain area. Mr. Perry stated that the values were conveyed to Mr. Crippa's agent who, after conveying the information, reported that Mr. Crippa was not interested 11 03/16/93 in selling for the appraised value. He did indicate, however, that Mr. Crippa was interested in trading for other land owned by the City. Given the fact that the City has only identified one speculative use for the property, that being the golf course, it is recommended that acquisition be deferred until that issue is better reviewed or until it is known if the design would require the property. MOTION: Made by Council Member Kehoe, seconded by Council Member Dahl, to defer acquisition of the property Mr. Gene Crippa has offered to sell to the City until the issue is better reviewed or until it is known if the design for the golf course would require the property. The Vote: Unanimous Ayes SOLID WASTE TRANSFER STATION/MATERIALS RECOVERY FACILITY - Use Permit Application UP-8-93 and Environmental Impact Report EIR-3-90 (East of Abernathy Lane and south of Viking Way) (L-010-075 & L-010-390 & S-020-650) Planning and Community Development Director Perry related that the Planning Commission, at its meeting of March 9, 1993, approved Use Permit UP-8-93, an application by the City Department of General Services to construct and operate a solid waste transfer and recycling facility on approximately 30 acres generally located east of Abernathy Lane and south of Viking Way. Mr. Perry explained that Environmental Impact Report EIR-3-90 was prepared for the proposed solid waste management facility. The EIR addressed the gamut of environmental impact topics with an emphasis on traffic and circulation, biological resources, and land-use compatibility issues. The EIR analyzed two prospective sites identified as Eastside Road and Abernathy Lane. Subsequent to direction from Council, a supplement to the EIR was prepared addressing a revised access route to the Abernathy Lane site and provided additional information in regard to wetlands and protected plant species. Environmental Impact Report EIR-3-90 was certified as meeting the standards of the California Environmental Quality Act (CEQA) by the Planning Commission on May 14, 1991. The supplement was certified by the Planning Commission on March 9, 1993. EIR-3-90 concludes that practical mitigations are available to reduce the potential environmental effects of the project to a level of insignificant impact. The analysis does not identify any environmental impacts that necessitate a finding of overriding consideration. Mitigation measures are identified in the Mitigation Monitoring and Reporting Program attached to EIR-3-90 and the conditions of approval of UP- 8-93. It is the recommendation of staff that Council find it has reviewed EIR-3-90 and its supplement, that the EIR was completed in compliance with CEQA, and that the Mitigation Monitoring and Reporting Program be included in the project along with the conditions of Use Permit UP-8-93. In response to Council Member Arness, City Attorney Hays explained that Council is only being requested to determine whether the EIR has performed its function as an informational document and meets the required process. In response to Council Member Arness, Mr. Perry was not of the opinion that the City would have any significant costs associated with wetlands mitigation. MOTION: Made by Council Member Dahl, seconded by Council Member Anderson, finding that Council has reviewed Environmental Impact Report EIR-3-90 and its supplement, that the EIR was completed in compliance with the California Environmental Quality Act (CEQA), and that the Mitigation Monitoring and Reporting Program be included in the project along with the conditions of Use Permit UP-8-93. The Vote: Unanimous Ayes COMMUNITY GIFT CATALOGUE DONATION - by Viacom Cablevision (G-100) Planning and Community Development Director Perry explained that the City has received a donation of $2,000.00 from Viacom Cablevision through the Community Gift Catalogue. Viacom has requested that $1,000.00 be used to sponsor the annual luncheon held during National Volunteer Week to honor the Police Department's corps of active volunteers and to purchase lapel pins and hour bars signifying the number of hours donated. It has also been requested that $1,000.00 be used to initiate a scholarship for Redding youths whose families cannot afford registration costs for Recreation and Parks Department activities and programs. It is estimated that as a result of this generous 12 03/16/93 donation, 40-50 young people will be able to participate in a variety of recreational activities. It is the recommendation of staff that Council authorize the Mayor to sign a Certificate of Appreciation in recognition of Viacom's support of the Redding Police Department's volunteer program and youth recreational activities. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, authorizing the Mayor to sign a Certificate of Appreciation in recognition of Viacom's support of the Redding Police Department's volunteer program and youth recreational activities through its $2,000.00 Community Gift Catalogue donation. The Vote: Unanimous Ayes CABLE SIGNAL SURVEY (T-040-050) Planning and Community Development Director Perry explained that each December and January, the City is obligated to review its franchise agreement with Viacom. As part of the review, the City conducted a telephone survey of 80 residences selected by geographic area to evaluate signal quality, to verify if service had been extended, and to see if a consultant needs to be retained to check if technical standards are being met. The results of the survey were depicted in the Report to City Council dated March 15, 1993, incorporated herein by reference. This was an information item and no action was required. CONTRACT FOR DESIGN OF TRANSFER STATION/MATERIALS RECOVERY FACILITY (S-020-650) General Services Director Masingale recalled that Council, at its meeting of October 6, 1992, authorized staff to issue Requests for Proposal (RFP) for the design of the City's solid waste transfer station/materials recovery facility at the preferred Viking Way site. Six proposals were received in the range of $343,694.00 to $891,341.00. The screening panel selected the following four firms for oral interviews: Black & Veatch of Concord, CH2M Hill of Redding, HDR Engineering, Inc. of El Dorado Hills, and URS Consultants of Portland, Oregon. Oral interviews were held and the screening panel recommended the selection of the firm of URS Consultants of Portland, Oregon. He stressed the fact that the screening process is a subjective procedure. Mr. Masingale related that in the area of acquisition of easements, the original RFP noted 14 parcels; however, the actual number has been identified as 22 parcels. A lump sum amount of $542,000.00 has been negotiated with URS Consultants for the design work as noted in Attachment A of the Report to City Council dated March 16, 1993, incorporated herein by reference. Mr. Masingale explained that the normal method of design for a project of this size would be to create a single set of drawings and specifications for bidding out as one contract. Under the "fast tracking" method, the design would create four separate sets of plans and specifications with each one being bid out at different times. He noted the difficulty of managing multiple contracts. If the contract is awarded to URS, staff would probably be returning at a later date recommending that URS manage the multiple contracts. Since the Solid Waste Utility is now spending about $50,000.00 per month extra in personnel and fleet costs to make the 26 mile round trip to the West Central Landfill, the two to three month earlier completion of the project due to the "fast tracking" method would save approximately $100,000.00 to $150,000.00. The disadvantage to "fast tracking" is that it would cost more to manage multiple contracts than it would for just one contract. Staff believes, however, that Solid Waste could still realize savings of about $75,000.00 by utilizing this method. The lump sum amount negotiated with URS Consultants is for the "fast tracking" design. Mr. Masingale stated that to date, approximately $800,000.00 has been collected via a portion of the February, 1991, solid waste rate increase which was designated for the construction of the transfer station. Amounts are currently being collected which are sufficient to cover the long debt associated with building this project. Mr. Masingale related that the Use Permit addresses the matter of rebuilding Abernathy and Tarmac thereby improving road conditions. As far as increased noise caused by the trucks and chipper, staff does not believe noise should 13 03/16/93 be a problem as the houses are closer to the Benton Landfill and no complaints have been received. It is the recommendation of staff that Council approve the agreement with URS Consultants for the design of the transfer station/materials recovery facility for the lump sum amount of $542,000.00 and that an additional $30,000.00 be approved as a contingency fund. It is further recommended that Council authorize the Mayor to sign the Agreement and adopt a resolution appropriating the necessary funds. Council Member Dahl questioned how "fast tracking" impacted the overall cost of the project. Mr. Masingale related that "fast tracking" would allow the transfer station to be in operation three months earlier, representing a savings of approximately $150,000.00. He noted, however, that approximately $75,000.00 of that savings would be needed for the additional cost of contract management. Staff will receive bid proposals on the contract management from both the Public Works Department and URS Consultants. If URS Consultants performs the contract management and something is wrong with the project, the City would look to URS Consultants to resolve it. As seen with the last two wastewater treatment plants, Council Member Arness noted that ultimate responsibility still lies with the project's designer. Council Member Dahl stated that he could not support staff's recommendation for the following reasons: 1) The cost appears high considering the type of building being designed; and 2) Given the local economy, he has a problem awarding a contract to an out-of-state firm when there is a local company with the expertise necessary to perform the job. He also had concerns about the additional costs associated with "fast tracking." If Council were to reject the bid, he questioned whether it would have to go back to the RFP process. City Manager Christofferson indicated that staff would need guidance from Council as to what it wanted accomplished. In essence, if there is a defect in the process, the answer would be to start the process over. Mr. Masingale noted that although it was not a major consideration, out of the six responses received to the RFP, URS Consultants was the low bidder. The process staff followed was designed to receive the lowest cost. In response to Council Member Dahl, Mr. Masingale noted that the engineer's estimates on the project were $4,500,000.00 for the construction of the facility and roadwork and $1,500,000.00 for equipment. Design costs are approximately eight percent. In addition, the design contractor would be required to do the permit work, which can be very time consuming. He stated that all of the firms interviewed could have done a good job, however, it was the consensus of the panel that URS Consultants was better qualified based on its past experience. He reiterated that it is a very subjective process, and five different individuals might have reached a different conclusion. URS Consultants recently completed a similar project in Sunnyvale. In addition, URS Consultants would assist in analyzing which equipment would best fit the City's needs. He considers the local firm of CH2M Hill to be a landfill expert, however, does not have the experience URS Consultants has with regard to the design of a transfer station. In response to Council Member Anderson, Mr. Masingale stated that all the firms were qualified to do the required work. Given the economy, Council Member Anderson also supported utilizing a local firm as long as it was qualified. Mr. Masingale requested additional direction from Council. He questioned whether he would have to go through another RFP procedure, of if Council could arbitrarily indicate who it wanted staff to negotiate the contract with. Council Member Arness related that a one percent advantage is given to local vendors on purchase items. Council has indicated that it wants to utilize RFP's for professional work, however, if preferential treatment is going to be given to local bidders, it should be specifically noted in the RFP. 14 03/16/93 Mr. Masingale again noted that when the original proposals were received, URS Consultants was the low bidder. The negotiations that have occurred since the original proposal are based on new information which has been received. One example of this is the fact that acquisition of easements is now required on 22 parcels, versus the original 14 noted. Planning and Community Development Director Perry explained that none of the firms would perform the entire project; ie, the local firm Sharrah Dunlap was common to each proposal received to provide engineering. In response to Council Member Dahl, Mr. Masingale noted that the following price proposals were originally received: URS Consultants $498,000.00; Black & Veatch $747,000.00; HDR Engineering, Inc. $670,000.00; and CH2M Hill $592,000.00. He noted that the local firm was almost $100,000.00 higher. He stressed, however, that price was not a major reason for deciding upon URS Consultants. Council Member Anderson commented that the bidding process seems to be lost when the City later negotiates the contract price upwards. Mr. Masingale commented that there were changing circumstances. Mr. Christofferson noted that the correct approach for handling an RFP for professional services is to first review the professional qualifications and once the firm thought best for the job is selected, the negotiation process is then begun. He stated it is a misnomer to refer to it as a bidding process. Council Member Dahl questioned what action Council could take if it disagrees with staff's recommendation and concludes it wants to negotiate with the local firm. City Attorney Hays replied that the process would be similar to that of rejecting a bid and would require a 4/5 vote. Mr. Masingale commented that URS Consultants is going to be very disappointed, as it has made three or four trips down to discuss the project with the City. Council Member Arness stated that staff did exactly what Council requested and that was to issue an RFP. He indicated that the RFPs are utilized to maintain the integrity of the system. He opined that it is wrong for Council just to select whomever it wants, as there is always going to be someone complaining. He again suggested that the parameters for local preferential treatment be spelled out in future RFPs. Council Member Dahl stated that the process was not based on cost, but expertise and reiterated that all four finalists were felt to be qualified to perform the work. He stressed that this situation dictates that Council look to the local firm, thereby keeping money in the local economy. Council Member Kehoe acknowledged that if the panel were to be reconvened with four or five different individuals, an entirely different conclusion might be reached, as the process is highly subjective. Mr. Masingale indicated that in the interest of time, he would have the firm provide quotes on both a "slow track" and "fast track" basis. From a legal standpoint, Council Member Kehoe asked if it would be inappropriate for Council to reject staff's recommendation and direct staff to negotiate with the local firm. Mr. Hays responded that while there is nothing inappropriate with the action, he has seen firms ask for compensation based upon efforts expended prior to the award of a contract on large projects. Council Member Dahl hoped that a trend was not developing where it is assumed that Council would rubber stamp staff's recommendation. Mr. Hays stated that the reaction was not that of rubber stamping a recommendation, but that the firm might feel there is a process which has been completed and there appears to be a normal conclusion. 15 03/16/93 Council Member Arness noted that Council has historically been very consistent. Council Member Kehoe questioned whether the selection panel might have indicated to the contractor that they would have the bid and that Council would automatically approve it. Mr. Hays stated that not having been present, he did not know what was conveyed by the selection panel. He clarified that he was just noting circumstances where contractors, engineers, and consultants in similar circumstances have tried to make a case. Mr. Masingale indicated that the panel did not have the authority to make any commitments. He noted that by staff's actions, URS Consultants could have assumed it would eventually be awarded the contract. Council Member Kehoe said it was clearly understood that the final decision making body was Council. As Council Member Dahl suggested, Council is a free and independent body and it may make decisions from time to time which vary from the recommendation of the selection panel. Mayor Moss stated that as much as legally and economically possible, he would consistently do whatever he could to see that the City spends dollars locally. MOTION: Made by Council Member Dahl, seconded by Council Member Kehoe, rejecting staff's recommendation relative to the award of the contract for the design of the transfer station/materials recovery facility to URS Consultants of Portland, Oregon, and directing staff to negotiate a price with the local firm of CH2M Hill and bring back the negotiated contract for Council's consideration at its meeting on April 6, 1993. Voting was as follows: Ayes: Council Members - Anderson, Dahl, Kehoe and Moss Noes: Council Members - Arness Absent: Council Members - None RESOLUTION - Appropriating Funds REDDING CONVENTION CENTER RE-ROOFING * (B-130-070 & C-050-050) Assistant City Engineer Aasen recalled that Council, at its meeting of January 5, 1993, recommended that a contract be awarded to Pace Engineering to design the roof reconstruction at the Redding Convention Center. A quick evaluation of the existing roof system was performed to determine the composition of the roofing material. Subsequently, it was learned that the entire roof coating has asbestos in it. Staff then instructed Pace to analyze the roofing material to determine both the cost of removal and the possibility of encapsulating the asbestos in place rather than removing it. This process is not possible with a metal roof replacement but is a common practice with the foam roof system. Pace reported that about 75 percent of the existing roof could be left in place and covered with the foam roof and the remaining 25 percent needed to be removed due to water being continually trapped under the roofing material. The cost to remove all of the existing roof was estimated at $90,000.00; however, the ability to encapsulate about 75 percent of the roof would reduce the removal and disposal cost to approximately $24,000.00, or a net savings of about $66,000.00. Mr. Aasen related that the final conclusion indicates that the service life of both the metal roof and the foam roof is 20 years. In addition, metal roof systems can only be warranted for a maximum of 20 years no matter how well it is maintained. The foam roof systems, however, can be warranted in consecutive five year blocks for an indefinite period as long as the roof is properly maintained. A preliminary cost estimate prepared by Pace indicates the construction costs for a foam roof system to be about $250,000.00 versus the construction cost of a metal roof system approaching $525,000.00. The Community Services Director has indicated that the maximum funding level that he could support with bond debt payments is approximately $350,000.00. Mr. Aasen explained that the original contract with Pace Engineering was for $39,800.00. At that time, it was unknown what the actual costs for the design work would be until the foam roof/metal roof issue was resolved. In addition, the asbestos problem was unknown at the start of the contract. 16 03/16/93 Total contract cost is now estimated to be $44,350.00, thereby requiring an additional appropriation of $4,550.00 to cover all of the design work plus the extra work and still leave money in the contingency fund. It is the recommendation of staff that Council direct staff to proceed with the design of the foam roofing system. It is further recommended that Council adopt a resolution appropriating the additional $4,550.00 to the contract and authorizing a change order for the extra work associated with the asbestos analysis and removal. Bob Harp, Project Engineer from Pace Engineering, reiterated the fact that the foam roof has a ten-year guarantee with five-year renewals as long as the required maintenance has been performed. He displayed samples of the foam roof for Council's review. MOTION: Made by Council Member Dahl, seconded by Council Member Kehoe, that Resolution No. 93-91 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 55th amendment to City Budget Resolution No. 92-306 appropriating $4,550.00 for the design of the replacement roof at the Convention Center. Voting was as follows: Ayes: Council Members - Anderson, Arness, Dahl, Kehoe and Moss Noes: Council Members - None Absent: Council Members - None Resolution No. 93-91 is on file in the office of the City Clerk. MOTION: Made by Council Member Dahl, seconded by Council Member Kehoe, to direct staff to proceed with the design of the foam roofing system for the Redding Convention Center and authorize a change order to Pace Engineering's contract for the extra work associated with the asbestos analysis and removal. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) California Cattle Company (Garrett, Jeff Patrick) 400 E. Cypress Docs Hilltop Skyroom (Peapod Productions, Inc.) 10 Hilltop Drive Hoang's Chinese Bar-B-Q (Hoang, Chieu) 2295 Hilltop Drive #14, #15, #16 ADJOURNMENT There being no further business, at the hour of 8:49 p.m., Mayor Moss declared the meeting adjourned to 6:00 p.m., March 23, 1993, at City Hall Conference Room A, 760 Parkview Avenue, Redding, California. APPROVED: ____________________________ Mayor ATTEST: _______________________________ City Clerk