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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-06-21 - Special City Council, Special Meeting City Council Chambers 1313 California Street Redding, California June 21, 1994 6:30 p.m. The meeting was called to order by Mayor Anderson with the following Council Members present: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Electric Utility Lindley, Electric Utility Operations Manager Ryan, Electric Utility Power Plant Manager Heckenberg and Special Counsel Bonnie Baker representing Dugan Barr. CLOSED SESSION (L-100 & E-120-150) Mayor Anderson stated that pursuant to California Government Code Section 54956.9(b)(1), the City Council would adjourn to closed session to discuss one case of anticipated litigation (City of Redding and MLP Energy). At the hour of 6:30 p.m., Mayor R. Anderson declared the meeting adjourned to closed session. At the hour of 7:24 p.m., Mayor R. Anderson reconvened the meeting to regular session. No action was required on this matter. ADJOURNMENT There being no further business, at the hour of 7:24 p.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk City Council, Regular Meeting City Council Chambers Redding, California June 21, 1994 7:25 p.m. The Pledge of Allegiance to the flag was led by City Attorney Hays. The meeting was called to order by Mayor R. Anderson with the following Council Members present: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Police Chief Blankenship, Fire Chief Bailey, Director of Community Services Gorman, Director of Finance Downing, Assistant City Engineer Curtis, Principal Planner Keaney, Public Works Operations Manager Russell, Director of General Services Masingale, Director of Information Systems Kelley, Director of Personnel Bristow, Director of Utilities/Customer Service Vokal, Assistant Director General Services Kohn, Risk Manager Mlinarcik, Associate Planner Hanson, Associate Planner Morgon, Associate Planner Manuel, Assistant Planner Haddox, Assistant City Clerk Moscatello, City Clerk Strohmayer, and Secretary to City Council Rudolph. RESOLUTION - Commending retiring City Manager Robert M. Christofferson for his service to the City (A-050-080) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Resolution No. 94-164 be adopted, a resolution of the City Council of the City of Redding in appreciation of the services of Robert M. Christofferson to the City of Redding upon the occasion of his retirement. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 94-164 is on file in the office of the City Clerk. 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. 23, check numbers 207294 through 207903 inclusive, in the amount of $6,815,143.12, be approved and paid, and Payroll Register No. 25, check numbers 379132 through 379975 inclusive, in the amount of $973,013.18, and Automatic Payroll Deposits, check numbers 19896 through 20085, in the amount of $285,379.13, for a total of $1,258,392.31, for the period May 22, 1994 through June 6, 1994, be approved. TOTAL: $8,073,535.43 Planning and Community Development Monthly Status Report (A-050-250) It is the recommendation of the Planning and Community Development Director that the Monthly Status Report through May 1994 for the following work areas be accepted: (1) Annexations; (2) Zoning, Subdivisions, and General Plan Amendments; (3) Building and Population; (4) Housing Assistance and Rehabilitation; and (5) Surplus Property. Resolution - Appropriating funds for annexation processing costs and authorizing receipt of related revenue * (B-130-070 & A-150) It is the recommendation of the Planning and Community Development Director that Resolution No. 94-165 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 77th amendment to City Budget Resolution No. 93-239: (1) appropriating $4,600 for annexation fees; and (2) authorizing the receipt of $4,600 in revenue. Acquisition of Property - Offer by Jess W. Nelson (3232 Nicolet Lane) (C-070-010 & P-050) It is the recommendation of the Planning and Community Development Director that the City advise Jess W. Nelson it is not interested in acquiring property at 3232 Nicolet Lane for a park site and direct staff to notify the Redding School District of the property's availability. Animal Permit AP-1-94 - by Stephen and Ann Gaines (A-130-140) It is the recommendation of the Board of Administrative Review and the Planning and Community Development Director that the City Council approve Animal Permit AP-1-94, by Stephen and Ann Gaines, subject to the Conditions of Approval dated June 2, 1994, and authorize the City Manager to issue said permit. Resolution - Agreement with Redding Housing Authority for administration of Tenant-Based Assistance Program (H-150) It is the recommendation of the Planning and Community Development Director that Resolution No. 94-166 be adopted, a resolution of the City Council of the City of Redding between the City of Redding and the Housing Authority of the City of Redding for administration of the Tenant-Based Assistance Program funded through the Home Investment Partnerships Program. Resolution - Authorize Submission of 1994 HOME Program Application (G-100-075-202) It is the recommendation of the Planning and Community Development Director that Resolution No. 94-167 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file an application for federal fiscal year 1994 funding under the Home Investment Partnership (HOME) Program in the amount of $1,000,000 with the California State Department of Housing and Community Development. Resolution - Extension of Cooperation Agreement with the Redding Redevelopment Agency (R-030-010) It is the recommendation of the Planning and Community Development Director that Resolution No. 94-168 be adopted, a resolution of the City Council of the City of Redding authorizing the extension of the Cooperation Agreement with the Redding Redevelopment Agency through June 30, 1995. Resolution - Consent to Assignment of Lease of Office Suite B in Building C at Diestelhorst Landing Office Park (C-070-100) It is the recommendation of the Planning and Community Development Director that Resolution No. 94-169 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to execute the Consent to Assignment of Lease, effective June 30, 1994, of Office Suite B in Building C at Diestelhorst Landing office Park from the Shasta Region Big Brothers/Big Sisters, Inc. to the Shasta County Child Abuse Prevention Coordinating Council. Resolution - re Execution of Employee Benefits Contracts (P-100-150-030 & P-100-150-055 & P-100-150-060 & P-100-150) It is the recommendation of the Personnel Director that Resolution No. 94-170 be adopted, a resolution of the City Council of the City of Redding approving entering into and authorizing the Mayor to execute contracts with the following companies: 1) The Insurance Company of North America for insuring employee life and dependent life insurance benefits, as well as the City's excess health and dental policy, for the period July 1, 1994 through June 30, 1995; 2) The Unum Life Insurance Company of America for long-term disability (renewal), for the period July 1, 1994, through June 30, 1996; 3) Coresource to administer the health care (renewal), for the period July 1, 1994, through June 30, 1995; and 4) Charles E. Bertolina, doing business as CEB Business Insurance Services-Business Insurance Consulting Agreement (renewal), for the period July 1, 1994, through June 30, 1995. Requests for Proposal - Automatic Call Distribution Phone System (B-050-100 & C-175-825) It is the recommendation of the Director of Utilities/Customer Service that the City Council authorize staff to prepare and distribute a request for proposal for the purchase of an Automatic Call Distribution system, with voice mailbox and automated attendant capabilities which can interface with the AS 400 to provide direct access to utility customer information. Resolution - 1994-95 Shasta Interagency Narcotics Task Force Budget (P-150-150) It is the recommendation of the Chief of Police that Resolution No. 94-171 be adopted, a resolution of the City Council of the City of Redding approving the fiscal year 1994-95 budget for the Shasta Interagency Narcotics Task Force depicting operating and equipment needs in the amount of $108,795. Resolution - Reapplication for Serious Habitual Offender Grant (G-100-170 & P-150-150) It is the recommendation of the Chief of Police that Resolution No. 94-172 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of the necessary documentation to continue the City of Redding Serious Habitual Offender (SHO) Program, funded in part from funds made available through the SHO Program administered by the Office of Criminal Justice Planning (OCJP). Resolution - Agreement with State of California for Assignable Lease Option for Property at Benton Airpark (C-070-100) It is the recommendation of the Airports Director that Resolution No. 94-173 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and the State of California, acting by and through the Director of the Department of General Services, for an assignable lease option for a certain parcel at Benton Airpark, and authorizing the Mayor to sign same. Award of Bid - Bid Schedule No. 2869, Three Transfer Truck Tractors for Solid Waste (B-050-100 & S-020-650) It is the recommendation of the General Services Director that Bid Schedule No. 2869, three transfer truck tractors for Solid Waste, be awarded to the low bidder, F. B. Hart Company, in the amount of $238,439.27. Funds for this purchase are available in the Solid Waste Collection fund. Award of Bid - Bid Schedule No. 2870, Three Transfer Trailers for Solid Waste (B-050-100 & S-020-650) It is the recommendation of the General Services Director that Bid Schedule No. 2870, three transfer trailers for Solid Waste, be awarded to the low bidder, Central Valley Truck Center, in the amount of $127,458.05. Funds for this purchase are available in the Solid Waste Collection Fund. Resolution - Contract for Custodial Services (B-050-100 & A-070-020) It is the recommendation of the General Services Director that Resolution No. 94-174 be adopted, a resolution of the City Council of the City of Redding bypassing the formal bidding process pursuant to Redding Municipal Code Section 4.20.080(A)(4), and authorizing the City Manager to negotiate and sign a contract with the Shasta County Opportunity Center for custodial services at all City locations and any new City locations that may be added, with the exception of the Electric Department facility on Heather Lane, for a one year period with the option to renew the contract for two subsequent years. Resolution - Agreement with Richard Guy Paulson dba Paulson's Catering for Catering/Concession Services at Redding Convention Center (Bid Schedule No. 2838) (B-050-100 & C-050-050) It is the recommendation of the Community Services Director that Resolution No. 94-175 be adopted, a resolution of the City Council of the City of Redding approving entering into an agreement for catering/concession services to the Convention Center by and between the City of Redding and Richard Guy Paulson, individually and dba Paulson's Catering, for the period of July 1, 1994, through June 30, 1999, with options to renew for two successive one-year terms. Notice of Completion - Bid Schedule No. 2811, Redding Municipal Airport Sign Installation and Runway 12-30 Lighting (B-050-020 & A-090-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2811 (Job No. 9314), Redding Municipal Airport Sign Installation and Runway 12-30 Lighting, awarded to Hill Construction Co., be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $239,968. Resolution - Supplemental Appropriation for Unanticipated Costs Associated with Current Litigation * (B-130-070 & A-050-300 & L-100) It is the recommendation of the Public Works Director that Resolution No. 94- 176 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 75th amendment to City Budget Resolution No. 93-239 appropriating $8,900 for legal costs associated with Eakens versus the City of Redding. Award of Bid - Bid Schedule No. 2864, Removal of Sludge from Pond 3B and 9 at Clear Creek Wastewater Treatment Facility (B-050-020 & W-010-450) It is the recommendation of the Public Works Director that Bid Schedule No. 2864 (Job No. 9684), removal of sludge from Pond 3B and 9 at Clear Creek Wastewater Treatment Facility, be awarded to McCollum Engineering in the amount of $25,700, an additional $2,500 be approved to cover contract change orders, and $2,000 be approved to cover the cost of engineering and inspection fees, for a total of $30,200. Funds for this work have been provided for in the 1993-94 wastewater budget. Award of Bid - Bid Schedule No. 2865, 1993-94 Asphalt Concrete Overlay Program (B-050-020 S-070-200) It is the recommendation of the Public Works Director that Bid Schedule No. 2865 (Job No. 9523), 1993-94 Asphalt Concrete Overlay Program, be awarded to J. F. Shea in the amount of $662,997.85, authorize the issuance of a change order for approximately $227,000 to overlay four additional streets, and an additional $10,000 for testing and contingencies, for a total project amount of $900,000. Funding for this project consists of $866,000 from ISTEA funds, $17,000 from the wastewater utility for raising manholes and rod holes, and $17,000 from the water utility for raising water valves. Award of Bid - Bid Schedule No. 2846, Ferric Chloride (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2846 (Job No. 5330-35), ferric chloride, be awarded to Imperial West Chemical Co. in the amount of $376.82 per dry ton, including freight. Award of Bid - Bid Schedule No. 2847, Liquid Sulfur Dioxide (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2847 (Job No. 5330-33 and 5340-33), liquid sulfur dioxide, be awarded to All Pure Chemical Co. in the amount of $489 per ton for one to four containers, and $459 per ton for five or more containers. Award of Bid - Bid Schedule No. 2848, Liquid Sodium Bisulfite (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2848 (Job No. 5330-33), liquid sodium bisulfite, be awarded to Sierra Chemical Co., in the amounts of $1.10 per gallon for 2500 gallons, $1.22 per gallon for 2000 gallons, and $1.35 per gallon for 1500 gallons. Award of Bid - Bid Schedule No. 2849, Lime (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2849 (Job No. 5330-34 and 5203-15), lime, be awarded to Chemical Lime, Co., in the amount of $115.20 per dry ton delivered. Award of Bid - Bid Schedule No. 2850, Liquid Aluminum Sulfate (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2850 (Job No. 5203-15), liquid aluminum sulfate, be awarded to Rhone-Poulenc Basic Chemicals of Southgate, California, in the amount of $147.93 per ton. Funds for these purchases have been requested in the 1994-95 budget. Award of Bid - Bid Schedule No. 2851, Liquid Cationic Polymer (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2851 (Job No. 5203-15), liquid cationic polymer, be awarded to Calgon Corporation of Pittsburgh, Pennsylvania, in the amount of $0.358 per pound. Funds for these purchases have been requested in the 1994-95 budget. Award of Bid - Bid Schedule No. 2852, Liquid Chlorine (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2852 (Job No. 5203-15, 5330-32), liquid chlorine, be awarded to All Pure Chemical Company of Tracy, California, in the amount of $396 per ton for ten or more tons, $379 per ton for four to nine tons, and $389 per ton for one to four tons. Award of Bid - Bid Schedule No. 2853, Water Meters It is the recommendation of the Public Works Director that Bid Schedule No. 2853 (Job No. 5221-10, 5204-15), water meters, be awarded to Schlumberger Industries for Items 1, 2, 3, and 9 and to Badger Meter Inc. for Items 4, 5, 6, 7 and 8. Funds for these purchases have been requested in the 1994-95 budget. Award of Bid - Bid Schedule No. 2854, Rock & Mineral Products (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2854, rock and mineral products, be awarded to J. F. Shea for Items 1, 2, 5, 6, and 10, to Northstate Asphalt for Items 3, 4, and 9, to Morgan Emultech for Items 11a and 11b, and to Swarts Sand and Gravel for Items 7 and 8. Funds for these purchases have been included in the 1994-95 budget. Award of Bid - Bid Schedule No. 2867, Liquid Sodium Hydroxide (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2867 (Job No. 5340-35), liquid sodium hydroxide, be awarded to Sierra Chemical Co. in the amount of $1.35 per gallon. Funds for these purchases have been included in the 1994-95 budget. Award of Bid - Bid Schedule No. 2868, Liquid Sodium Hypochlorite (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2868 (Job No. 5340-36), liquid sodium hypochlorite, be awarded to Sierra Chemical Co. in the amount of $.89 per gallon. Funds for these purchases have been included in the 1994-95 budget. Resolution - Supplemental Appropriation for Various Safety Improvements at the Downtown Mall Parking Structure * (B-130-070 & M-010-200) It is the recommendation of the Public Works Director that Resolution No. 94- 177 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 74th amendment to City Budget Resolution No. 93-239 (1) appropriating $11,000 for costs associated with maintaining the Downtown Mall Parking Structure; and (2) authorizing an advance of $11,000 from the General Fund to the Parking Fund. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution Nos. 94-165, 94-166, 94-167, 94-168, 94-169, 94-170, 94-171, 94- 172, 94-173, 94-174, 94-175, 94-176, and 94-177 are on file in the office of the City Clerk. - - - - - - - - SHASTA COUNTY OWNERS RENT STABILIZATION COMMITTEE (A-050-060) The following individuals made a presentation on behalf of the Shasta County Owners Rent Stabilization Committee: Earl Murphy, 4617 Underwood Drive, related that the Western Mobile Home Park Owners Association missed its deadline for placing an initiative on the November State ballot. Park owners within the state, however, are attempting to obtain signatures from 600,000 registered voters at $1.00 per signature to qualify a similar initiative for the March 1996 California Presidential Primary Ballot. If it prevails, the initiative would eliminate the legal power of cities and counties to regulate mobilehome park rent. He noted that AB122 and AB1320 are also pending in the Senate Judiciary Committee and represent the repeated efforts of mobilehome owners to have the State legislature take away the rights and protection provided for in the California Mobilehome Residency law and eliminate the power of municipalities to regulate mobilehome rents. He indicated that there are currently 85 cities and 7 counties in the State which have enacted local ordinances establishing control of mobilehome park rents. He requested that the City Council appoint a committee to review various material and make a recommendation to the City Council regarding whether an ordinance similar to that enacted by Calistoga in 1993 should be adopted in the City of Redding. The suggested committee composition would include the City Attorney, Planning Director, Assistant City Manager, and Housing Supervisor. Based on statistics provided by the Department of Housing and Community Development in April 1994, there are 1,752 mobilehome lots within the City of Redding. He submitted petitions signed by 740 residents of mobilehome parks requesting the City Council to enact a rent control ordinance. Robert Kerr, Director of Region 4 of the Golden State Mobilehome Owners League, related that his volunteer position allows him to connect with 25 chapters in 6 northern California counties and allows direct connection to lobbyists who work full time in Sacramento monitoring bills. He explained that the main function of the league is to create legislation which enhances mobilehome lifestyle. The Shasta County Mobilehome Owners Rent Stabilization Committee gave birth to a formula to provide protection to prevent outside influences from creating programs which alter lifestyles and adding exorbitant amounts to the monthly cost of living in a mobilehome park. He related that there are currently 92 ordinances in successful operation in the State. If an ordinance were adopted, the residents of mobilehome parks would gain the comfort of knowing what lies in store from them. Nancy Sismondo asserted that the proposed ordinance would do the following: 1) ensure fairness and recognize the property rights of all parties concerned; 2) establish a panel of community representatives to handle any disputes; 3) cover residences not on a long-term lease; 4) accept only leases which are in complete compliance with the mobilehome residency law; 5) stop forcing new home buyers to sign long-term leases before they can move in; 6) install vacancy control; 7) provide for rent increases every 12 months according to current economical indicators occurring in the free enterprise system; 8) limit pass through of utilities or outside services to actual costs incurred; and 9) require reduction in services to have a corresponding reduction in rent. She explained that under the current established guidelines, rent could be increased annually. It is suggested that the Social Security cost-of-living adjustment be utilized with a four percent cap, or a formula for passing through capital improvements if that is preferred. If the landowner requires a higher rent, he may appeal it to the rent review commission established under the ordinance and the commission would consider such things as rents in other parks, change in property tax, natural disasters, fair rate of return on investment, etc. If the dispute is not resolved after 90 days, an appeal to the commission for a hearing within 60 days can be made. Fees to cover the administrative costs are paid by the parties petitioning to the commission. She requested that the City Council appoint a committee to review the matter. Lance Fredrickson, representing the Shasta Mobilehome Park Owners Association, stated that the County, through its Housing Director, Jerry Brown, has repeatedly examined the issue during the past 12 months and meetings have been held with representatives of the mobilehome park industry and the Shasta County Mobilehome Owners Rent Stabilization Committee. Mr. Brown has reported that progress is being made in the private sector and the mobilehome park owners have been cooperative to date in resolving some of the issues. Mr. Frederickson indicated that the City of Shasta Lake has also examined the issue. The City of Redding previously examined the issue and in a memorandum from the City Manager dated October 14, 1993, the results depicted the rent for the last four years in some of the key mobilehome parks and recommended that the matter be monitored, however, there did not appear to be a problem at that time. Mr. Frederickson acknowledged that the speakers this evening have raised issues that everyone is concerned about, however, government cannot and should not resolve every perceived grievance of its electorate. He maintained that progress is being made and resolution will be made in the free market system. Council Member McGeorge shared the speakers concerns, however, he did not believe this was an area the City should become involved in. Council Member Kehoe concurred with Council Member McGeorge and shared certain sympathies for those individuals on fixed incomes. He viewed rent stabilization as an intrusion of government into the private sector and he personally favored less government intervention. While not in favor of becoming directly involved with a rent stabilization ordinance, he was receptive to receiving information from time to time from the Shasta County Mobilehome Owners Rent Stabilization Committee and monitoring the situation. He noted that he received telephone calls from two residents of mobilehome parks who were concerned about the City becoming involved in rent stabilization. Council Member Murray did not favor rent control. Based on information he has received, he was concerned, however, with the widespread belief in the park residence community that rights are being violated in some fashion. He suggested that the City Attorney compile a list of legal resources available to individuals on low or moderate incomes where legal advice can be sought as to whether their rights are being interfered with. He opined that the City has an obligation to ensure that there are sufficient mobilehome spaces available in the community to preserve competition. He also wanted to make sure that the appropriate vehicles are in place to permit mobilehome parks to be converted to condominium projects, whereby the owners can purchase the lots. Mayor R. Anderson stated that the City needs to be concerned about unreasonable increases, however, the figures he has reviewed do not indicate it. He noted that there has been some indication on the part of the mobilehome park owners to work with the residents and work out any problems at the private sector level. Mr. Murphy indicated that the Shasta County Mobilehome Owners Rent Stabilization Committee will consult with the mobilehome park owners' representative and report the results back to the City Council. He also related that the City has provisions to convert mobilehome parks to condominium projects, however, it is an expensive proposition. City Attorney Hays indicated that he would work with the Housing Department to develop a listing of legal resources available and forward it to Earl Murphy. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to not take any action on the request to appoint a committee to review the proposed mobilehome rent stabilization ordinance. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Amendment to Chapter 18.47 of the Redding Municipal Code, Floodplain Ordinance CITY COUNCIL POLICY - re Floodplain Development and Storm Water Detention (L-010-500-050 & A-050-250) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the continued public hearing regarding the amendment to Chapter 18.47 of the Redding Municipal Code, floodplain ordinance. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning department recommendation dated June 14, 1994 Associate Planner Manuel related that the City Council, at its meeting of May 17, 1994, continued consideration regarding the proposed amendments to the floodplain ordinance in order to consider the draft City Council policy regarding floodplain development. Staff's recommendation has not changed; however, depending on the City Council's disposition of the policy document, additional amendments may be necessary. Mr. Manuel noted that the City Council, at its meeting of May 17, 1994, directed staff to meet with the local engineering community and Council Member Murray to ensure that all the issues and alternatives relative to the proposed floodplain development and storm water detention policy have been identified. A meeting was held on May 27 and was attended by a broad cross-section of local engineers. The concerns raised at the meeting are included in the Report to City Council dated June 14, 1994, incorporated herein by reference. Mr. Manuel explained that the policy arose as a result of the City Council's acceptance of the Storm Drain Master Plan prepared by Montgomery Watson Engineers. Principally, the study was commissioned to determine the sizing needs for culverts and bridges on the various streams and drainage ways in the City based on future urbanization of watersheds. An outgrowth of the study, however, was the development of data that identified what the 100-year floodplain elevations would be at full development. Mr. Manuel stated that prior to this study, two sources were used for floodplain data: 1) Federal Emergency Management Agency (FEMA); and 2) Information required to be provided by developers to supplement FEMA data if alterations to the floodplain are requested or when FEMA data is not available. Significant difference exists in the underlying assumptions of the FEMA data and that provided in the Storm Drain Master Plan (SDMP). FEMA data projects flooding based on the level of urban development in 1985. The SDMP considered future full urbanization of watersheds and the higher runoff that will occur with increasing impervious cover. Therefore, the two are not comparable. The SDMP represents a worst-case scenario. FEMA assumes that future development would not significantly alter flood flows in that local jurisdictions would institute measures to ensure that flood elevations would not increase. At this point in time, across-the-board measures to prevent such flow increases have not been adopted by any Shasta County agency. Mr. Manuel said that the proposed policy and related floodplain ordinance text amendments attempt to establish how the SDMP data will be used. The Planning Commission and staff feel that the base flood elevation should be based on the worst-case scenario, the SDMP data, given that life and property are at risk. This is particularly crucial since, with the exception of Clover Creek, the upper reaches of each stream are located in the jurisdictions of either Shasta County or the City of Shasta Lake. The City of Redding must be proactive in protecting its citizens from land-use decisions beyond their control. Neither of these jurisdictions currently have ordinances or formal policies dealing with this important issue. Mr. Manuel provided an overview of the following policies: 1) Recorded maps that have lots below FEMA and SDMP 100-year flood elevations; 2) Recorded maps that have lots below the SDMP, but above the FEMA 100-year flood elevation; 3) Approved tentative maps based only on the 100-year FEMA flood elevation; 4) Tentative maps not yet submitted; and 5) Subdivision density and detention requirements for maps not yet submitted. He provided an overview of the ramifications of the policies based on the requirement to use data which shows the highest flood elevation. Mr. Manuel explained that the engineering firms advocate a regional detention basin system, indicating that if sites are identified (and presumably purchased and constructed) now, the increased flows predicted by the SDMP will not be realized. This is not disputed; the issue is timing. With the exception of Clover Creek, the headwaters of creeks traversing Redding are located in the jurisdictions of Shasta County and the City of Shasta Lake. This is viewed as a time-consuming and costly process of identifying and constructing sites, one that may be exacerbated by the fact that preferred sites may not even be located within Redding's corporate boundaries. The question before the City Council is whether the City can afford to do nothing to protect land owners along its creeks in the meantime given both funding and political uncertainties. It is the opinion of staff that the potential liability issues are too great to ignore. It is staff's opinion that the City would be remiss in its charge to protect the public if the issue were ignored. Accordingly, it is the recommendation of staff that the City Council adopt the policy as proposed. Utilizing the "ultimate urbanization" flood elevations and requiring detention provides a safeguard if upstream jurisdictions remain uninvolved in this problem. It is further recommended that the City request Shasta Lake and Shasta County to refer projects in the drainage basins to the City for review and comment. Mr. Manuel related that staff proposed to eliminate the requirement for an environmental impact report (EIR) for every floodplain fill over 20,000 square feet. The engineering firms have concurred. The City Council, Planning Commission or staff could require an EIR at any time if it is warranted. In response to Council Member P. Anderson, Mr. Manuel indicated that staff met with representatives of Weld-Brower & Associates today to review the data submitted. He did not believe that any information received indicated the City's study was faulty. Council Member P. Anderson questioned the urgency of adopting the policy and whether the City of Redding had worked with the City of Shasta Lake in developing regional area detention basins. Mr. Manuel responded that the urgency is liability to the City. The homeowners in the Churn Creek Bottom have put the City on notice that it can expect to be sued if it does not take proactive action with regard to increased water levels downstream. Staff has had conversations with both the City of Shasta and Shasta County and they do not appear to be concerned enough at this point to pursue a policy. Assistant City Engineer Curtis explained that if an engineering firm disagrees with information the City uses as a basis for its decisions, it can present additional information which the City will review. At this point, staff has not received any information which would invalidate the study being used. Planning and Community Development Director Perry stated that the City hired an engineering firm to develop a SDMP which has only been accepted by the City Council. The information contained in the SDMP provides the City with constructive notice that reliance on FEMA floodplain is not adequate. It does not mean that the FEMA floodplain will be the ultimate floodplain, but will depend on further studies down the road which will need to be funded over a period of time by the City Council to create basin plans, and perform flood channel design work. It is a cycle which could take the next 10 to 20 years to complete due to the number of creeks and floodplain. He noted that it is difficult to do things on a cooperative basis with other agencies when the only threat is a lawsuit. Many of the residents in the Churn Creek bottom have been allowed to build in floodplain and the City's goal is to not increase the flood levels and geographically expand the floodplain. City planners will rely on engineers, both public and private, to make reasonable approaches to this community problem. Virgil Weld, Weld-Brower & Associates, stated that he does not have concern with the floodplain ordinance. His concern relates to the magnitude of flows which were calculated in the SDMP. He opined that if the City is looking at ultimate runoff and detention facilities, it is compounding the problem. He believed other jurisdictions would be receptive to considering regional detention facilities. He encouraged the City Council to consider a combination of alternatives four and five. He offered his assistance in obtaining cooperation from the other jurisdictions. Chris Kraft, Planning Director of Sharrah Dunlap Sawyer, Inc., stated that the SDMP shows that future development will cause an expanded floodplain. He noted that the main issue is the requirement for onsite retention and detention facilities by every project which is located adjacent to any creek. He explained that some basins are so steep that retention and detention basins are not required. In other cases, the area is too flat and would require pumping. He supported alternative five, possibly in conjunction with alternative four, as an interim solution. He had no objection to the adoption of the proposed ordinance. Mayor R. Anderson determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. Council Member Murray pointed out that the ordinance still contains reference to requiring an EIR for an area with fill in excess of 20,000 square feet. Mr. Perry stated that it would be acceptable to staff for this reference to be deleted. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that the City Council make the following findings regarding Amendments to Chapter 18.47 of the Redding Municipal Code, floodplain ordinance: 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 Planning Commission on April 12, 1994. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2089 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 17 by repealing Title 17 in its entirety and adding a new Title 17 entitled Subdivision Ordinance with the following modification to Section 18.47.130: delete reference to requiring an environmental impact report (EIR) for encroachments which exceed 20,000 square feet. Council Member Murray related that the Montgomery Watson study projects flooding at ultimate build out 50 years from now. An alternative premise which has been presented assumes no increase in runoff beyond current levels based on mitigation to be incorporated into the project, which is a combination of alternatives four and five. Mr. Murray inquired as to the proposed ordinance's triggering mechanism. Mr. Perry explained that the triggering mechanism is two things: 1) FEMA; and 2) Absent FEMA, the City Council would have to adopt something such as the SDMP or a basinwide drainage plan. Council Member Murray favored the adoption of alternative four and the first two sentences of alternative five. He also believed it was necessary to define the purpose of the proposed ordinance, what study is being utilized, and at what level. He desired to use the Montgomery Watson study using 1994 figures. Since the premise for adopting the ordinance and these policies is that there will be no increase in flood flows, there is no need for infrastructure. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, directing staff to utilize the 1992 year flood flows estimated by the Storm Drain Master Plan rather than the higher, full urbanization estimates and directed staff to undertake additional studies to determine the most feasible locations for detention facilities as proposed by the local engineers. The study could focus on the more general parameters of establishing detention facilities in each basin. Floodplain elevations are to be derived from the Montgomery Watson study for July 1, 1994. The Vote: Unanimous Ayes MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, directing staff to contact Shasta County and the City of Shasta Lake for a project referral on all projects originating in either of those entities impacting the storm drainage basins within the City of Redding, thereby making the City of Redding a reviewing agency under California Environmental Quality Act (CEQA) provisions for review and comment. The Vote: Unanimous Ayes At the hour of 8:35 p.m., Mayor R. Anderson declared the meeting recessed. At the hour of 8:45 p.m., Mayor R. Anderson reconvened the meeting to regular session. PUBLIC HEARING - re Amendment to Chapter 18.62, Off-Street Parking and Loading Regulations (P-030-200 & L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the amendment to Chapter 18.62, off-street parking and loading regulations. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June 14, 1994 City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry related that the Planning Commission, at its meeting of May 10, 1994, recommended approval of amendments to the off-street parking ordinance. The amendments are necessitated by the disabled persons access requirements of the Federal Americans with Disabilities Act (ADA). With the signing of the act into law, the State of California has also taken action to ensure that its regulations are consistent with the Federal requirements. One of the many aspects of these regulations that affects development in the City is disabled parking regulations. Mr. Perry explained that the California State Accessibility Standards and the California Multiple Family Disabled Access Regulations specify numerous requirements to ensure that adequate parking and access are available to those persons with physical disabilities. Among other things, those regulations cover the following areas: number of accessible parking spaces required; location of accessible parking spaces; signage and striping requirements; size of spaces; and arrangement and slope of parking spaces. Mr. Perry noted that the proposed amendments are the minimum necessary to meet the above mandates. This requires an increase in the required number of handicapped spaces by approximately 35 percent over existing code, as well as ensuring that routes of travel from parking areas to building entrances are provided. The size of these parking stalls remains unchanged, except that at least one space in each eight handicapped spaces must be "van accessible" with a total width of 17 feet. It is the recommendation of staff that the City Council ratify the Negative Declaration and offer the ordinance for first reading. Mayor R. Anderson determined that there were no individuals present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that the City Council make the following findings regarding the amendment to Chapter 18.62 of the Redding Municipal Code: 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 Planning Commission on May 10, 1994. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2090 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 18.62, off-street parking and loading regulations, by repealing Section 18.62.300 and adding a new Section 18.62.300 entitled special requirements. PUBLIC HEARING - re General Plan Amendment GPA-14-92, Upper Stillwater Area Plan (G-030-010) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding General Plan Amendment GPA-14-92, Upper Stillwater Area Plan. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June 21, 1994 City Clerk Strohmayer advised that a letter was received from Pacific Gas & Electric. Assistant Planner Haddox related that the Planning Commission, at its meeting of May 24, 1994, recommended approval of the Upper Stillwater Area Plan, GPA- 14-92. The amendment was initiated by the City and is intended to be a refinement of the Redding General Plan which will establish the future land use and circulation pattern in the area, as well as address the recreation, shopping, employment, and housing needs of the area's present and future residents. The plan area encompasses 5,690 acres, or approximately 8.87 square miles, and is generally bounded on the north and east by the City's Sphere of Influence boundary, on the south by State Highway 299E, and on the west by the extension of Sun Ridge Drive northerly to Moody Creek then north along Moody Creek to the City's Sphere of Influence boundary. The Area Plan document and Final Environmental Impact Report (EIR) EIR-4-92 were delivered to the City Council on May 26, 1994. Ms. Haddox provided an overview of the Report to City Council dated June 21, 1994, incorporated herein by reference, which discussed the area plan and noted that all environmental impacts, except those related to the area's school facilities, can be mitigated to a less than significant level through mitigation measures incorporated into the Area Plan as policies. Alternative 3 in the EIR forms the basis of the recommended General Plan in the Area Plan document. The mitigation measures identified in the EIR form the basis of the mitigation monitoring program intended to be utilized during any discretionary permit review in the plan area upon annexation into the City of Redding. The Mitigation Monitoring and Reporting Program is Appendix A of the Area Plan. Ms. Haddox explained that as required under the California Environmental Quality Act (CEQA) Section 15093, the decision makers need to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The unavoidable environmental risk is the continued overcrowding of the area's school facilities due to the potential population growth facilitated by the adoption of the Area Plan's higher residential densities. As discussed in the EIR, both elementary school districts within the plan area are operating at capacity. Additional growth, regardless of whether it is facilitated by the adoption of the Area Plan, will severely impact currently overcrowded facilities. Application of all feasible mitigation measures will not significantly reduce this impact. Ms. Haddox highlighted the four requests received to modify the proposed General Plan which were discussed at the Planning Commission's May 24, 1994, meeting and the appropriate recommendations. It is the recommendation of the Planning Commission and staff that the City Council approve the Upper Stillwater Area Plan, GPA-14-92, as recommended by the Planning Commission. It is further recommended that: 1) pursuant to Section 15090 of the CEQA guidelines, the City Council adopt the resolution certifying that it has read and considered the Final EIR and find that the Final EIR was prepared in accordance with CEQA; 2) under Section 15091 of the CEQA guidelines, the City Council find that changes or alterations have been required in, or incorporated into the project design which mitigate or avoid certain significant environment effects associated with the project as identified in the text of the Final EIR and the Mitigation Monitoring and Report Program for the Project; 3) pursuant to Section 15093 of the CEQA guidelines, the City Council adopts a Statement of Overriding Considerations regarding certain project facilitated unavoidable environmental impacts; and 4) pursuant to Section 21081.6 of the Public Resources Code, the City Council adopt the Mitigation Monitoring and Report Program prepared for the Project. Mayor R. Anderson determined that there were no individuals present wishing to speak on the matter and closed the public hearing. Council Member Murray opposed the adoption of the area plan, as it is not integrated with the Air Quality Element of the General Plan and does not include means for alternate transportation. He did not accept staff's premise that the plan was a building block for getting some where. He understood the purpose of area plans to be the further refining and defining of the general plan in a great deal of specificity. He did not believe the area plan contained sufficient specificity to warrant its adoption and suggested that the matter be tabled until the City Council has reviewed the Planning Department's General Plan process and procedures. In response to Council Member Kehoe, Planning and Community Development Director Perry related that the urgency behind the area plan's adoption is that there are projects, i.e., Tierra Oaks, which are in the City but are not covered by the City's General Plan. It also protects the City's sphere of influence. Mr. Perry related that assuming Council Member Murray is correct, the proposed area plan is still 100 percent more complete than currently exists. He believed staff did a pretty good job in preparing the area plan due to the lack of testimony at the Planning Commission and the very few requests received regarding change in the amount of density. In response to Council Member P. Anderson, Mr. Perry noted that the issue of bike trails was raised and part of that will be accomplished on public streets. In the long term, however, the City is going to need to make a decision on whether it wants to develop a bike corridor plan. He commented that while there is not a major community park in the area, there will be neighborhood parks. He concurred that the plan does not support bussing except in the Shasta College area, however, it is a low density area. He reiterated that this is not the final product, but is better than what currently exists today. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that Resolution No. 94-178, approving General Plan Amendment GPA-14-92, the Upper Stillwater Area Plan, finding that, inter alia, final EIR-4-92, adequately addresses the environmental impacts of the Upper Stillwater Area Plan; and adopting (1) findings for the project; (2) a Statement of Overriding Considerations for the project; and (3) a Mitigation Monitoring and Reporting Program for the project. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, and R. Anderson Noes: Council Members - Murray Absent: Council Members - None Resolution No. 94-178 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Conditions of Planning Commission Approval of Tentative Subdivision Map S-9-93, Lincoln Estates, Unit 3 (S-100-437) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the appeal of conditions of the Planning Commission's approval of Tentative Subdivision Map S-9-93, Lincoln Estates Unit 3. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June 14, 1994 City Clerk Strohmayer advised that a letter dated July 18, 1994, was received from Frank Cabezud of Shasta Construction. Associate Planner Hanson explained that the Planning Commission, at its meeting of April 26, 1994, granted Joe Delija, et al., permission to subdivide 17.43 acres into 34 single-family residential lots. The subdivision site is located southeast of Enterprise High School, south of Lawrence Road, and east of Harpole Road in a "U" Unclassified District. Mr. Hanson related that during its review of the application, the Planning Commission addressed the issue of secondary access, primarily the cost of off- site improvements to Lawrence Road. Lincoln Estates and an adjoining subdivision to the north, Greenway Subdivision, Unit 2, which both have the requirement to make substantial improvements to the off-site Lawrence Road before any additional lots may be recorded. These conditions were applied in 1990. Since then, the Lincoln Estates Tentative Map has expired, requiring a reapplication. The developers of the Lincoln Estates Subdivision objected to the off-site Lawrence Road improvements and have filed a letter of appeal. A letter was received from the engineer for the Greenway Subdivision objecting to the applicant's request to modify conditions. The Report to City Council dated June 14, 1994, incorporated herein by reference, provided a background on the project and the issues raised by the applicant. Mr. Hanson related that the developers of Lincoln Estates want to modify the off-site Lawrence Road improvements requirement in Condition 7 should Lincoln Estates develop before the Greenway Subdivision. The developer is hoping to obtain relief from the off-site improvement requirements to Lawrence Road by establishing a per-lot fee for reimbursing the Greenway Subdivision developer for Middleton Road improvements and a second per-lot fee for an escrow account for future improvements to Lawrence Road. Under this proposal, the 34 lots in Lincoln Estates, Unit 3, would use Middleton Lane. Mr. Hanson explained that in reviewing the developer's request, the Commission expressed concern that additional traffic would burden Middleton Lane residents. The Commission also suggested that the conditions as approved for Lincoln Estates not be modified unless both developers reached an agreement that resulted in appropriate and timely improvements to Lawrence Road. Several Middleton Lane residents expressed concern for the developer's proposed conditions during the Planning Commission hearing. Mr. Hanson indicated that from staff's perspective, the requirements for secondary access are necessary to avoid a substantial traffic-safety problem. It is also important for the City Council to understand the history of the two tentative maps. Both tentative maps were submitted in 1990, one right after the other. Both sets of conditions were developed and approved with the same expected result, that Lawrence Road would be improved as the primary access, including a signal at Hartnell Avenue to allow safe ingress and egress to the subdivisions, with Middleton Lane providing secondary access. The developers have lived with these requirements and the City's concern for traffic safety for four years. Changing the requirements for one will lead to a request for leniency from the other. If Lincoln Estates is permitted 34 more lots with only Middleton Lane access, Greenway Subdivision can also be expected to request 34 additional lots (in addition to the 50 already recorded) with access only via Middleton Lane. In the end, the Lawrence Road improvements may not be built. Mr. Hanson related that the intent of the conditions was to allow some phasing of off-site costs relative to the number of lots constructed. In other words, both Middleton Lane and Lawrence Road need to be upgraded, but it is not realistic to require both roads up front with the first phase regardless of who built first. By itself, the per-lot costs for Lincoln Estates would be higher. That is to be expected since the project is an additional 1,500 feet from any paved public street. Mr. Hanson recognized that the off-site costs are substantial for just 34 lots; however, at the time the property was acquired and a tentative map approved, access to a paved public road was not available without expensive off-site acquisition and off-site construction. It is the opinion of staff that the Planning Commission's reasoning on this issue was sound and that lacking any agreement between the two developers, the Commission's approval should not be changed. Boyd Cassidy, 3201 Middleton Lane, expressed concern that the road is only 33 feet from the edge of the curb to a power pole on the opposite side of the street. Middleton Lane is utilized as a thoroughfare by students from Enterprise High School. He opined that it would create an unsafe situation to add additional traffic from the proposed lots. Virgil Weld, of Weld-Brower & Associates, representing the applicants, related that the subdivision as conditioned and approved by the Planning Commission would mean a cost of $23,500 per lot, thereby not allowing for a profit margin. He noted his greater concern, however, is the inequity which has occurred in the conditioning of the project. He referenced a letter from Planning Commissioner Brown which states he believed the Planning Commission was mislead and the conditions were represented to be mere images of those placed on Greenway Subdivision, now known as Daphney Subdivision. He pointed out that the conditions for Greenway Subdivision does not require reimbursement to the developers of Lincoln Estates if they build Lawrence Road, whereas the conditions for Lincoln Estates requires its developers to contribute to the cost of Lawrence Road if Greenway developers construct it. Mr. Weld believed the only way to rectify the situation would be to create a zone of benefit or something of a similar nature. On a conservative basis, he estimated that if Lincoln Estates were permitted to develop utilizing Middleton Lane, it would generate approximately 1,000 vehicle trips per day. He requested that the City Council consider all the factors before making a decision. Frank Cabezud stated that the issue is allowing the exiting of 34 lots from Lincoln Estates and 50 lots from Greenway Subdivision through Middleton Lane. He noted that the Planning Commission did not know that the safety issue had already been considered by the Planning Department and these conditions were set forth with Lincoln Estates and Greenway Subdivision. It did not become an issue until the Planning Department realized that allowing Greenway Subdivision to develop the first phase and not contribute to the improvement of Lawrence Road was a mistake on the part of the Planning Department. He stressed that the issue of traffic on Middleton Lane had already been resolved to allow 84 lots, 34 from Lincoln Estates and 50 from Greenway Subdivision, to exit Middleton Lane. He alleged that the Planning Department contradicted itself during the proceedings that only 50 lots were allowed on Middleton Lane. He suggested that the only way to have Lawrence Road improved is via a benefit district, which is equitable to both developers. He opined that if the proposal is not approved, it is doubtful that Greenway Subdivision will proceed due to the high cost of developing Lawrence Road. Mayor R. Anderson determined that there were no additional individuals wishing to speak on the matter and closed the public hearing. In response to Council Member P. Anderson, Planning and Community Development Director Perry stated that the two subdivisions were processed at different times. Staff's original intent was to have both subdivisions contribute to the upgrading of Middleton Lane and Lawrence Road, which provide access to the area. Middleton Lane, which is a substandard street, has been somewhat improved by Greenway Subdivision. The disadvantage to Lincoln Estates is that it has no paved access, while Greenway Subdivision has the advantage of having paved access it can connect to. Mr. Perry believed that the only way a benefit district could be formed is for an arterial street, not a local residential street. If both parties are agreeable, however, an assessment district could be formed. Staff does not believe the developers of Greenway Subdivision would be willing to participate in an assessment district. With regard to Greenway Subdivision's conditions, the only way the conditions can be changed is at the time the map has completely expired or the developer is willing to change the conditions. Council Member Murray opined that the City is utilizing new development to solve a problem which already exists on Lawrence Road. Mr. Perry related that the residents on Middleton Lane are requesting that no further traffic be allowed without further improvement to Lawrence Road. Council Member McGeorge questioned whether at any time the developers of Lincoln Estates believed they had permission to utilize Middleton Lane. Associate Planner Hanson explained that in developing the conditions for Lincoln Estates, staff tried to consider all possibilities. There was a condition that would have allowed the utilization of Middleton Lane had Lincoln Estates been approved first. The development of three-fourth of a mile of off-site improvements would have been the only way Lincoln Estates would have been allowed to utilize Middleton Lane. The developer chose not to do that and delayed development of other phases of the subdivision, presumably waiting for Greenway Subdivision to develop. Mr. Hanson related that the conditions were written that if Greenway Subdivision developed first, it would be required to develop off-site improvements to Lawrence Road. If Greenway Subdivision developed Lawrence Road, Lincoln Estates would be required to pay a per-lot fee to reimburse Greenway Subdivision. The only reason no reimbursement agreement was attached to Greenway Subdivision is that it was approved prior to Lincoln Estates' application. Mr. Perry noted that the ideal situation would be for both property owners to share the cost of developing Lawrence Road through an assessment district, however, there is no mechanism to force that to occur. Mr. Hanson noted that staff contacted the developer and engineer for Greenway Subdivision and suggested that Lincoln Estates' proposal would assist them in future development, however, they did not want to enter into a cooperative agreement. Council Member Kehoe questioned whether staff and the Planning Commission had the capability of developing additional alternatives to the situation. Mr. Perry stated that could be done, however, the problem is the ability to work with two subdividers in developing a workable solution. The City Council must deal with this specific appeal and once the public hearing is closed, it has 30 days to render a decision unless there is agreement to continue the public hearing. Council Member Kehoe favored continuing the public hearing and taking a field trip to the property. Mayor R. Anderson reopened the public hearing. Betty Cassidy related that Middleton Lane does not have room to walk other than on the road. In her view, it is unsafe to add additional traffic to a street occupied with children and bikes. Joe Delija, developer and co-owner of Lincoln Estates, stated that had they known that Lincoln Estates would not be permitted to exit Middleton Lane, they would not have invested to this extent. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the public hearing regarding the appeal of conditions of Tentative Subdivision Map S-9-93, Lincoln Estates, Unit 3, be continued to July 5, 1994. The Vote: Unanimous Ayes APPOINTMENT AND REAPPOINTMENTS - Economic Development Corporation (B-080-150) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to appoint John Dunlap and reappoint George Lewellen and Alan Hill to the Economic Development Corporation for two-year terms expiring June 30, 1996. The Vote: Unanimous Ayes REAPPOINTMENTS - Senior Citizens Facility Advisory Commission (B-080-450) MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to reappoint Mary Martz and Beverly Romero to serve as the Soroptimist International of Redding's representatives to the Senior Citizens Facility Advisory Commission for two-year terms expiring May 1, 1996. The Vote: Unanimous Ayes ORDINANCE NO. 2087 - Amendment to Chapter 16.28 of the Redding Municipal Code, Swimming Pools (L-010-500-050) MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2087 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Ordinance No. 2087 be adopted, an ordinance of the City Council of the City of Redding amending portions of Chapter 16.28 of the Redding Municipal Code pertaining to swimming pools. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Ordinance No. 2087 is on file in the office of the City Clerk. ORDINANCE NO. 2088 - Amendments to Chapter 18.55 of the Redding Municipal Code, Trash Container Enclosure (L-010-500-050) MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2088 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Ordinance No. 2088 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 18, Zoning, by repealing Chapter 18.55 and adding a new Chapter 18.55 entitled Trash Container Enclosures. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Ordinance No. 2088 is on file in the office of the City Clerk. ALTERNATIVE FOR COMPLETION OF COMBUSTION TURBINE POWER PROJECT (E-120-150) Mayor R. Anderson stated that the City Council hoped to be able to make a recommendation regarding the City's three options and provide a cost estimate to complete the combustion turbine power project, however, the process has proven to be more complex than anticipated and there are legal implications which must be considered. He hopes to have a more definitive proposal regarding the project within the next two weeks. RESOLUTION - Memorandum of Understanding with the Peace Officers Association of Redding (P-100-050-120) Assistant City Manager McMurry stated that City negotiators have reached agreement on a proposed 39-month Memorandum of Understanding (MOU) with the Redding Peace Officers Association (RPOA) covering wages, hours, and working conditions. The term of the agreement runs for 39 months to September 19, 1997. Economic features of the agreement include a 4 percent wage adjustment effective in the current payroll period, an additional 4 percent effective June 18, 1995, a 5 percent adjustment effective June 17, 1996, a flat $100 increase in the Uniform Allowance, and a flat $100 increase in educational incentive program, and implementation of the 1959 third level survivor's benefit under PERS. Also included are a number of changes in non-economic items involving working conditions. Mr. McMurry related that the MOU was ratified by members of the Redding Peace Officers Association through a formal secret ballot election. It is the recommendation of staff that the City Council adopt the necessary resolution approving the MOU and providing for an agreement covering wages, hours, and working conditions for employees in the police unit represented by the Redding Peace Officers Association for 39 months ending September 19, 1997. MOTION: Made by Council Member McGeorge, seconded by Council Member Murray, that Resolution No. 94-179 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding between the City of Redding and the Peace Officers Association of Redding, effective June 19, 1994 through September 19, 1997. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 94-179 is on file in the office of the City Clerk. LEASE PURCHASE AGREEMENT - United Financial of Illinois, Inc. re Future Equipment Purchases (D-050-400-100) Director of Finance Downing recalled that the City Council, at its meeting of November 17, 1993, approved entering into a lease purchase agreement with United Financial of Illinois for the purchase of equipment valued at $420,000. In February 1994, the City Council approved extending this lease to include additional equipment purchases through September 1994 with a maximum value of $1,800,000. Terms of the November lease would be extended to such purchases. However, when staff received documents for this lease extension, the terms were somewhat different. United Financial is proposing an equipment lease purchase with the following interest rates: 1) 3-year term - 5.3 percent; 2) 4-year term - 5.4 percent; and 3) 5-year term - 5.5 percent. Ms. Downing explained that since this was a significant change in the lease proposal, staff requested proposals from a number of other leasing companies. The best of the eight proposals received was from Sutro & Co., Inc. and proposed the following interest rates: 1) 3-year term - 5.85 percent; 2) 4- year term - 5.9 percent; and 3) 5-year term - 5.9 percent. The lease- purchase financing being proposed by United Financial, though different from its November proposal, still provides the City attractive interest rates. Staff has reviewed the equipment currently on order and equipment included in the proposed 1994-95 budget and it appears that equipment purchases through September 1994 will total approximately $1,200,000. Cost savings could still be accomplished if these purchases were pooled together into one equipment lease purchase financing. Equipment purchased through this financing mechanism would be subject to the justification and control procedures of the budget and purchasing process. It is the recommendation of staff that the City Council approve the extension of the lease purchase financing arrangement with United Financial of Illinois, Inc. to include an additional $1,200,000 for future equipment purchases through September 1994 and authorize the City Manager to sign the necessary documentation. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to approve the extension of the lease purchase financing arrangement with United Financial of Illinois, Inc. to include an additional $1,200,000 for future equipment purchases through September 1994 and authorize the City Manager to sign the necessary documentation. The Vote: Unanimous Ayes ADJUSTMENTS TO SCHEDULE OF FEES AND SERVICE CHARGES (F-205-600) Director of Finance Downing provided an overview of the Report to City Council dated June 15, 1994, incorporated herein by reference, providing a report depicting the fees and service charges which are proposed to be adjusted on the master schedule at the public hearing on July 5, 1994. Ms. Downing added that the Airports Commission has recommended delaying an increase in the Airports' fees, as the Airports Master Plan will be received some time in July or August and the Airports Commission will be making a recommendation to the City Council in November based upon that study. In response to Council Member P. Anderson, Ms. Downing explained that staff has not finished the comparison of development costs and the information would not be available for the July 5, 1994, City Council meeting. In response to Council Member Murray, Ms. Downing related that the 1994-95 budget does not include any of the proposed increases. No action was required on this item. CONSIDERATION OF NORTHEAST AREA FIRE STATION (C-050-275) Director of Planning and Community Development Perry related that the City Council, at its meeting of June 7, 1994, raised three additional questions regarding the Northeast Area Fire Station. He provided an overview of the Report to City Council dated June 14, 1994, incorporated herein by reference, which outlined the questions and staff's responses. Mr. Perry explained that one question which was not asked was what funding would be used to construct a new station, which would probably occur before the sale of the old station. The cost of a new station would be approximately $600,000, which is too small for a bond issue with competitive rates. He cited the following ways in which a new station could be financed: 1) Fold it in with another bond issue and make the equivalent of mortgage payments over the term of the bonds; 2) Fund the cost of construction out of the City's Building Fund, established by City Council Policy No. 407, and then repay that fund upon the sale of the old station; 3) Utilize proceeds from the City's Capital Improvement Tax over a period of three or four years to fund construction; and 4) Establish a fire station benefit fee for the area covered by the station whereby new development would pay a fee to repay the cost of construction. Mr. Perry indicated that staff is unsure if the City Council wants to proceed with a fire station in this area. If it does, then the City Council needs to continue to raise money for design and construction tied to the eventual relocation of the people and equipment on the Canyon Creek location. If not, then determinations need to be made on what happens when Buenaventura Boulevard is extended, what other station is wanted, and how to back out of the agreement entered into with the developer and the commitment made to the Local Agency Formation Commission (LAFCO). It was the consensus of the City Council to delay consideration of the northeast area fire station until the City Council has reviewed the City's Capital Improvement Plan. ANNEXATION WEST OF KNIGHTON ROAD/I-5 INTERCHANGE (A-150) Director of Planning and Community Development Perry related that the City Council commenced annexation proceedings for Annexation 94-2, Knighton Road/I- 5 Interchange, at its meeting of June 7, 1994. At the meeting, staff identified additional properties that wanted to be but were not included in Annexation 94-2. Since the meeting, staff received a written request for annexation from several of the adjoining parcels. The applicants understand that this is a separate request and that Annexation 94-2 must be recorded in order for their properties to be contiguous to the City limits. The reason for annexation is to receive City services. Mr. Perry explained that pursuant to City Council policy, the applicants will be required to enter into an Agreement to pay all fees and staff costs associated with the formation of a Mello-Roos district in conjunction with the processing of the annexation request. It is the recommendation of staff that the processing of this annexation request be deferred until Annexation 94-2 is approved by LAFCO. If Annexation 94-2, Knighton Road/I-5 Interchanges is denied, withdrawn or held up pending litigation, there would be no point in processing this current request. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council defer the processing of the annexation request of properties west of the Knighton Road/I-5 Interchange until Annexation 94-2 is approved by the Local Agency Formation Commission (LAFCO). The Vote: Unanimous Ayes PURCHASE OF CITY SURPLUS LAND - by Wells, Wingate, Small, Selke and Graham (2440 Sonoma Street) (C-070-200) Director of Planning and Community Development Perry stated that a Letter of Intent to purchase City surplus land located at 2440 Sonoma Street was received from Haedrich & Cox on behalf of Wells, Wingate, Small, Selke and Graham (WWSS&G). The property requested is Parcel 1 of LS-12-92, which was created in 1993 when Assessor's Parcel Number 104-880-06 was subdivided into four lots. WWSS&G proposes to acquire the property to construct offices and for future office expansion. The City recently entered into a purchase agreement with WWSS&G for Parcel 2 which is located directly south of the subject property. Mr. Perry explained that the Letter of Intent is not a legally binding offer to purchase. The City Council is being asked to indicate its willingness to enter into a Purchase Agreement based on the terms and conditions outlined in the Letter of Intent. A summary of the terms and conditions presented in the Letter of Intent was included in the Report to City Council dated June 21, 1994, incorporated herein by reference. Mr. Perry stated that the terms are consistent with the policies set forth in City Council Policy 1901 regarding the sale of surplus City property adopted by the City Council on May 17, 1994. The Letter of Intent indicates that it is the intent of WWSS&G to purchase the property at the City's asking price. The $5,000 non-refundable deposit equates roughly to the amount of interest the City would earn on $380,000 over a three-month period if invested at five percent. Additionally, the buyer anticipates expending a considerable amount in pursuing due diligence to determine the feasibility of developing the property for their purposes. It is the recommendation of staff that the City Council waive a property auction and advise WWSS&G that the City is prepared to enter into a Purchase Agreement with the purchase price to be the current fair market value with the timing for WWSS&G to obtain financing for the purchase to conform with the time schedule identified in Article 10 of the Letter of Intent. Council Member Murray asked that the following language be added to Item #11 of the Letter of Intent: "In the event of cancellation, all such surveys, tests, engineering or other studies shall be released to and become the property of the City of Redding. Said document release shall precede any release of deposit." In response to Council Member Murray, City Attorney Hays stated that if the Purchase Agreement contained any material changes from the Letter of Intent, it would require the City Council's approval. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to waive a property auction of City surplus land at 2440 Sonoma Street and directed staff to advise Wells, Wingate, Small, Selke and Graham (WWSS&G) that the City is prepared to enter a Purchase Agreement with the purchase price to be the current fair market value with the timing for WWSS&G to obtain financing for the purchase to conform with the time schedule identified in Article 10 of the Letter of Intent, and the following modification be made to Article 11 of the Letter of Intent, "In the event of cancellation, all such surveys, tests, engineering or other studies shall be released to and become the property of the City of Redding. Said document release shall precede any release of deposit." The Vote: Unanimous Ayes CITY COUNCIL POLICY RE VOLUNTEER WORK PROJECTS (A-050-060-555) Risk Manager Mlinarcik related that City Council Policy No. 209 encourages volunteers and establishes a City-wide program for recruitment and training. In addition to the daily activities of volunteers who donate their time in City service, various citizen groups have also requested approval to perform specific work projects. Some of the individuals or groups may be unwilling or unable, due to financial or other considerations, to provide insurance to cover the liabilities associated with their proposed activities. Those activities may cause bodily injury or property damage to the participants and/or the general public and thereby expose the City to potential liability. Mr. Mlinarcik explained that the City requires its employees to adhere to various safety regulations. All contractors are also required to do so and provide evidence of insurance covering the liabilities associated with their activities on behalf of the City. A City Council policy requiring volunteer groups to follow similar guidelines reinforces the City's existing policy which places the safety of its personnel and the public as its highest priority. Mr. Mlinarcik provided an overview of the proposed City Council policy regarding volunteer work projects as depicted in the Report to City Council dated June 21, 1994, incorporated herein by reference. Mr. Mlinarcik acknowledged that some items would not be possible for all events, but if that were the case, the project would need to brought back to the City Council for its exclusive approval so that it is aware of the potential liabilities. He noted that the purpose of the policy is not to create additional paperwork, but to ensure that the volunteer groups carefully evaluate safety issues which may arise and keep the City Council apprised of the liability issues of the projects and help assess the benefits and risks of the projects, thereby allowing an informed decision to be made. Mayor R. Anderson stated his main concern is not to make the process so burdensome that it discourages volunteer activities. He also questioned if reviewing a group's safety training would place the City in a position of assuming liability and endorsing the training program. Mr. Mlinarcik believed that the City would be involved in any event, as the volunteer group would be working on City property and giving some approval to the project. He related that staff's main concern is that there be some type of training and that the group understands what is involved before the project starts. He stated that he spoke with the gentlemen who was the safety coordinator for Project Playground in Fairfield and he indicated that the main concern was power tools and ensuring that only the skilled individuals used the power tools. City Attorney Hays did not believe staff would be passing on the adequacy of the training programs, but merely asking the groups to perform in a manner that would allow the City to make some judgement as to what type of safety program is being utilized and provide the information necessary to evaluate and judge the risks associated to the project and make a decision with regard to insurance requirements. Council Member Murray questioned why the procedures needed to be included in the actual City Council Policy. Mr. Mlinarcik related that the procedures had been included to ensure volunteer groups understand the City's concerns and what is being required. He noted, however, that the procedures could be omitted from the policy and included in an internal working document if that was the City Council's desire. Council Member P. Anderson opined that requiring volunteer groups to provide the City insurance is insulting considering that the group is donating their time and money to build a City resource. Mr. Mlinarcik stated that he does not take the recommendation lightly and the issue has been a matter of controversy among different public agencies and how to approach the matter of insurance. He acknowledged that requesting volunteer groups to provide insurance is a lot to request, however, they are performing a service for the City and there is the potential for exposure which may be borne by the City. The more severe the exposures are, the more important the need for insurance. Council Member P. Anderson suggested that the cost of the insurance become part of the project cost borne by the City and budgeted accordingly by the appropriate department. She believed that if the City required volunteer groups to provide insurance, volunteer group efforts would become nonexistent. Council Member Kehoe concurred with Council Member P. Anderson. He stated that the associated risks cannot be ignored and noted the importance of providing some guidance with regard to job hazard analysis, child labor laws, blood borne pathogens program, etc. He asked why staff felt it necessary to distinguish between group and individual activity. Mr. Mlinarcik related that the primary reason for the distinction is that group activity is on a much larger scale, i.e., Project Playground. Council Member Kehoe was of the opinion that the City Council envisioned a significant expansion of the Volunteer Program and that it is very possible that volunteers in the future would be working with the Public Works Department utilizing chain saws, etc. He noted that it would be logical for the City to provide some training and analysis to the volunteers. Mr. Hays believed that the proposed policy is geared toward volunteer projects which are not supervised by the City but are located on City-owned property. Council Member Kehoe related that there are three classifications of volunteers, individuals, groups and sponsored volunteers. In most situations, agreements are written in such a fashion that the sponsored group assumes the liability and insurance protection. He was hesitant to have volunteers working on behalf of the City without some level of supervision. Assistant City Manager McMurry had the understanding that Project Playground would be built by a group of volunteers under the direction of the architect on City-owned property. In response to Mayor R. Anderson, Mr. Mlinarcik related that discussions are still ongoing with regard to the Redding Rotary sponsoring Project Playground. Mr. Hays related that a Sponsorship Agreement was provided for the project, however, it had not yet been signed. In response to Council Member Murray, Mr. Hays noted that there have been numerous occasions where insurance has been in place for volunteer projects. Council Member Murray acknowledged that it is staff's job to present these matters and relay the associated risk. It is then the City Council's responsibility to make a decision on what it chooses to do. He noted that it would be helpful to have a policy which differentiates between the traditional type groups. He suggested that the policy be rewritten to better define the categories which have been alluded to. Council Member McGeorge concurred. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to refer the City Council policy relating to volunteer work projects back to staff for further clarification and definition. The Vote: Unanimous Ayes PROPOSAL TO AMEND CITY COUNCIL AGENDA FORMAT (A-050-060) City Clerk Strohmayer highlighted the Report to City Council dated June 15, 1994, incorporated herein by reference, concerning suggested changes to the City Council agenda format. Council Member P. Anderson related that it would be helpful to have informational items placed in a different section of the agenda from action items. City Clerk Strohmayer responded that informational items are delineated from action items by noting "information" under the recommendation. Council Member Murray concurred that the agenda needs to clearly define the City Council's intended action. No action was taken by the City Council on this matter. RESOLUTION - Museum Funding Agreement with Turtle Bay Park & Museum, Redding Museum of Art & History, and Shasta Natural Science Association (B-130-070 & C-070-250-250) Community Services Director Gorman explained that the Redding Museum of Art and History and the Carter House Natural Science Museum are City agencies, but are also private sector non-profit corporations: the Redding Museum directly, and Carter House, indirectly, under its corporate parent, the Shasta Natural Science Association. Mr. Gorman stated that for some years now, the City has provided staff and other services to these agencies, in accordance with provisions contained in lease agreements for their use of City-owned facilities in Caldwell Park, and otherwise as requested by the museums from time to time. Additional funds for agency programming have been developed from the private sector, and administered by City staff under the guidance of the Board of Directors. Mr. Gorman related that in 1989, these two agencies joined with the Forest Museum, a private sector non-profit corporation, to form yet another private sector non-profit corporation, the Alliance of Redding Museums, for the purpose of developing new museum facilities at Turtle Bay. Early in 1991, the City leased to the Alliance sixty acres of land at Turtle Bay for that purpose. Design work began shortly thereafter, and has continued throughout the intervening time. Early last year, the Alliance reorganized its corporate structure, and began doing business as the Turtle Bay Park and Museum. Mr. Gorman said that last fall, the Board of Directors of the Redding Museum, Carter House, and The Forest Museum approved a plan for reorganization of the museum community that calls for an eventual merger of the agencies into the newly restructured, and fully private Alliance, dba Turtle Bay Park and Museum. It was evident at that point that appropriate action should be taken to move the City museums the remaining distance into the private sector. Shortly thereafter, staff began a series of discussions with agency representatives as to how best to accomplish full privatization, while assuring sufficient funding for museum purposes during an orderly transition, and providing City museum employees the opportunities and considerations due their service. The product of those discussions is the Museum Funding Agreement which is before the City Council for consideration. Mr. Gorman provided an overview of the key points of the agreement as outlined in the Report to City Council dated June 14, 1994, incorporated herein by reference. It is the recommendation of staff that the City Council adopt the necessary resolution approving the agreement. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, that Resolution No. 94-180 be adopted, a resolution of the City Council of the City of Redding approving entering into the Museum Funding Agreement between the City of Redding, the Alliance of Redding Museums, the Redding Museum of Art and History, and the Shasta Natural Science Association, and authorizing the Mayor to sign on behalf of the City. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 94-180 is on file in the office of the City Clerk. ORAL COMMUNICATIONS (A-050-060) It was the consensus of the City Council to conduct a workshop at 8:00 a.m. Saturday, July 16, 1994, in City Hall Conference Room A to consider planning issues, the City's area plans and General Plan, annexations, and Mello-Roos Districts. A subsequent workshop will deal with the City's capital improvement plan. ADJOURNMENT There being no further business, at the hour of 10:37 p.m., Mayor Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk