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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-07-191 07/19/94 City Council, Regular Meeting City Council Chambers Redding, California July 19, 1994 7:00 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 Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Director of Public Works Galusha, Director of Electric Utility Lindley, Electric Utility Resources Manager Coleman, Public Works Operations Manager Russell, Director of General Services Masingale, Director of Information Systems Kelley, Director of Personnel Bristow, Assistant Finance Director Sundin, Director of Utilities/Customer Service Vokal, Associate Planner Manuel, City Clerk Strohmayer, and Secretary to City Council Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of May 17, 1994 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 1, check numbers 208592 through 209298 inclusive, in the amount of $7,264,384.81, be approved and paid, and Payroll Register No. 1, check numbers 380797 through 381797 inclusive, in the amount of $1,219,093.81, for the period June 19, 1994 through July 2, 1994, be approved. TOTAL: $8,483,478.62 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 June 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. Animal Permit A-2-94 - by Mike Schmitz (A-130-140) It is the recommendation of the Board of Administrative Review and staff that the City Council approve Animal Permit A-2-94, by Mike Schmitz, subject to the lists of conditions and authorize the City Manager to issue said permit. Set Public Hearing - re appeal by Northstate Asphalt, Inc. of Use Permit UP- 27-94 (16981 Clear Creek Road) (L-010-390) It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., August 16, 1994, to consider the appeal of Use Permit UP-27-94 by Northstate Asphalt, Inc. Award of Bid - Bid Schedule No. 2874, Purchase of 115kV Polymer Insulators for the Quartz Hill/Keswick 115/12kV Transmission Loop Project (B-050-100 & E-090-160-500) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2874, purchase of 115kV polymer insulators for the Quartz Hill/Keswick 115/12kV Transmission Loop Project, be awarded to the evaluated low bidder, Western States Electric, Inc., in the amount of $138,095.10. Funds for this work are included in the 1993 Electric System Project Financing Program, Job Order No. 9157-19. Redding Power Plant Insurance (R-100-375-550 & E-120-150) It is the recommendation of the Risk Manager that the City Council authorize continued property insurance coverage for the Redding Power Plant with 2 07/19/94 Zurich-American at the existing rate of $0.2375 per $100 of value for the next six months. Resolution - Agreement with Shasta County Women's Refuge for Rape Crisis Intervention Services (P-150-150) It is the recommendation of the Chief of Police that Resolution No. 94-205 be adopted, a resolution of the City Council of the City of Redding approving entering into the agreement between the City of Redding and the Shasta County Women's Refuge to provide rape-crisis intervention services for the period July 1, 1994, through June 30, 1995, and authorizing the Mayor to sign same. Resolution - Proclaiming August 2, 1994, as "National Night Out" (A-050-060-600 & P-150-150) It is the recommendation of the Chief of Police that Resolution No. 94-206 be adopted, a resolution of the City Council of the City of Redding supporting crime- and drug-prevention efforts in Redding, and proclaiming August 2, 1994, as "National Night Out." Resolution - Approving Sub-Sublease to Enterprise Flying Club (C-070-100) It is the recommendation of the Airports Director that Resolution No. 94-207 be adopted, a resolution of the City Council of the City of Redding approving the following documentation pertaining to the "Shasta Enterprises Facilities" at the Redding Municipal Airport: Sub-Sublease Agreement (of a portion of the facilities) dated June 10, 1994, entered into between International Air Service Company, Ltd., a California Corporation, as Sub-Sublessor, and Enterprise Flying Club, a California non-profit corporation, as Sub- Sublessee, and approved by Shasta Enterprises. Set Public Hearing - Application for Ambulance Owners' License from Shasta View Ambulance, Inc. (T-100-030) It is the recommendation of the City Clerk that a public hearing be set for 7:00 p.m., August 2, 1994, to consider the Application for an Ambulance Owners' License from Shasta View Ambulance, Inc. Street Banner Schedule (U-500-850) It is the recommendation of the Director of Utilities/Customer Service that the City Council approve the placement of a street banner the week of August 22, 1994, for the Northern California Hardball Association and authorize staff to prepare the necessary transmittal letter to the California Department of Transportation. Resolution - Amendment to United States Bureau of Reclamation Buckeye Water Contract (W-030-050) It is the recommendation of the Director of Public Works that Resolution No. 94-208 be adopted, a resolution of the City Council of the City of Redding authorizing entering into a contract with the Bureau of Reclamation, to supersede Contract No. 14-06-200-5272A dated February 22, 1971, providing for water services to the Buckeye area. Resolution - Supplemental Appropriation for Construction of a Sewer Force Main to Service Swimming Pool Filter System at Enterprise High School (W-020-575) It is the recommendation of the Director of Public Works that Resolution No. 94-209 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 4th amendment to City Budget Resolution No. 94-199 (1) appropriating $30,000 for construction of a six-inch force main to modify Enterprise High School's existing pool filter backwash system, subject to Shasta Union High School District's approval of the reimbursement agreement; and (2) authorizing the receipt of $18,000 in revenue from the Shasta Union High School District. Notice of Completion - Bid Schedule No. 2795, 1993-94 Slurry Seal Program (B-050-020 & S-070-200) It is the recommendation of the Director of Public Works that Bid Schedule No. 2795 (Job No. 9519), 1993-94 slurry seal program, awarded to California Pavement Maintenance, be accepted as satisfactorily completed, and the City 3 07/19/94 Clerk authorized to file a Notice of Completion. The final contract price is $161,822.82. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, 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. 94-205, 94-206, 94-207, 94-208, and 94-209 are on file in the office of the City Clerk. - - - - - - - - MASTER PLAN FOR SHASTA COUNTY LIBRARIES - Presentation by Lois Bromagem (B-080-477) Lois Bromagem, the City's representative to the Regional Library Commission of Shasta County, presented the City Council with copies of the 1993 Master Plan for Shasta County Libraries which was developed prior to the March 1993 tax election. She suggested that this plan be retained as an historical document and record of events which led to the proposed temporary sales tax which failed to pass. It will also serve as the basis for the ongoing planning process for the Shasta County Library System. In response to Council Member P. Anderson, Ms. Bromagem related that there are currently plans being discussed for a foundation of some type to take over when the Commission sunsets. This was an informational item and no action was required. CONTINUED PUBLIC HEARING - re Amendments to Title 17 of the Redding Municipal Code, Subdivision Ordinance (S-100 & L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the continued public hearing regarding amendments to the Subdivision Ordinance. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Department recommendation dated July 12, 1994 City Clerk Strohmayer advised that no protests were received. Associate Planner Manuel provided an overview of the Report to City Council dated July 12, 1994, incorporated herein by reference, which discussed the proposed amendments to the Subdivision Ordinance. Mr. Manuel explained that for both the public and staff, it is desirable to update the City's Subdivision Ordinance. Last year represented the first chance to work on the document in over ten years and the first chance for Planning and Public Works staff to try to update the entire ordinance. While the document is large, it is a document used every day when dealing with subdivisions, lot splits, lot-line adjustments, administrative parcel maps, and lot mergers. It is the recommendation of both the Planning Commission and staff that the City Council ratify the Negative Declaration and offer the ordinance for first reading. In response to Council Member Murray, Director of Planning and Community Development Perry stated that staff would change Section 17.20.010 to include both the Electric and Fire Departments in the initial preliminary subdivision review conference. In response to Council Member Murray, Mr. Manuel related that language can be added to Section 17.20.20(b)(13) to clarify that permits are to be obtained as required by approving agencies. 4 07/19/94 Paul Edgren expressed appreciation for having the opportunity to meet with staff and review the proposed ordinance. He noted the difficulties a developer can encounter in the development stages of a subdivision and requested that the City follow the same guidelines as permitted by the Subdivision Map Act (SMA). He also requested that the City consider the following: 1) Allow a period of time before the ordinance becomes effective in order to allow existing tentative maps to proceed; 2) Not apply the new conditions to already approved tentative maps; 3) Removal of two-percent cap for inspection fees - how will these costs be accounted for; and 4) Section 17.38.01(b) - define adversely. With regard to Section 17.38.01(b), Director of Planning and Community Development Perry indicated that it is basically semantics. If there were a problem with a subdivision, the Planning Commission would be required to make a finding that it would not adversely affect the downstream property owners. Relative to the policy impacting subdivisions in the conditioning process, Mr. Manuel related that all the requirements on tentative map submittal have been addressed by the previous City Council policy. In addition, State law will not permit the City to change any conditions to an already approved Tentative Subdivision Map. In response to Council Member P. Anderson, Mr. Manuel related that six-year maps pose some problems and would probably require staff to receive more information up front to ensure that all issues are covered with regard to future road alignments, etc., thereby costing the developer more at the outset. Mr. Perry explained that there have been occasions in the past where things changed too rapidly to deal with changes on tentative subdivision maps. Two things have occurred since the last time the subdivision ordinance was updated: 1) If $125,000 or more in off-site improvements are required, the tentative map is functionally a ten-year map; and 2) State law only permits the City to either approve an extension or deny it. Mr. Manuel noted that State law did extend the life of every approved tentative subdivision map for two years in recognition of the economic lull. Electric Utility Director Lindley clarified that the new subdivision policy would be consistent with the Electric Utility's existing service policy. Under the policy, if the undergrounding of existing overhead utilities outside and adjacent to the subdivision were required, the cost would be passed on to the developer, thereby avoiding the community and citizens paying twice for the utilities. In response to Council Member Murray, Mr. Lindley related that the City's current Service Policy deals with the subdivision commercial development but does not deal with the area outside the subdivision. Mr. Perry stated that the Planning Commission has historically required the undergrounding of utilities within an immediate area adjacent to the subdivision, as this is the time the streets are widened, sidewalks and landscaping are put in and the lights are tied into the street lighting system. Kent Dagg, Shasta Builders Exchange, also thanked the City Council for providing an opportunity to review the ordinance. He suggested the following changes: 1) The time limit for subdivision maps should parallel that which is provided for in the Subdivision Map Act; 2) Section 17.38.10 - Placement of arterial barriers in Landscape Maintenance Districts; and 3) Section 17.40.010 -maintain two percent cap on inspection fees. He also questioned when the ordinance would be reviewed again to correct any possible errors which have been overlooked. Mayor R. Anderson stated that this is an ordinance which is subject to amendment at any time and stressed that any problems encountered can be brought back to the City Council for consideration. In response to Council Member McGeorge, Mr. Perry explained that if a moratorium is declared, tentative maps are automatically given an extension. 5 07/19/94 Laura Baker, Jaxon Enterprises, questioned why the City was proposing shorter time limits on Subdivision Maps than that which the State Subdivision Map Act provides, as it creates additional work and added costs. Given the current development climate and the fact that there are approved maps which remain undeveloped, she did not feel the shorter time period was warranted. In response to Council Member P. Anderson, Mr. Perry related that the Subdivision Map Act allows a Tentative Subdivision Map to be approved for three years with one, two, or three one-year extensions. Developer Fred Willis stated that the approved tentative subdivision map conditions of his subdivision in the Quartz Hill area provide that a special district can be established at any time. He questioned why the City would not permit a map to go for more than four years without requiring changes, when subdivisions are being held to projections which are 26 years into the future. He also favored the utilization of the time limits provided for in the Subdivision Map Act. 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 saw no justification for providing time limits different from State law. Council Member Kehoe questioned how the public good would not be served by going to a three-year time limit configuration. Mr. Perry indicated that the issue would be how long of a period the City Council would want before it had an opportunity to change any of the conditions. Absent that, longer time limits reduce staff work and provide a longer period of stability for the developer to market the subdivision. Council Member Kehoe suggested utilizing the longer time limits and if they are found to be debilitating to the City, it could then be changed. Council Member Murray stated that he could support staff's recommendation if it would not affect tentative subdivision maps currently in the process. He noted that if a circumstance arises whereby someone six months from now can prove that this ordinance caused a significant economic hardship, he would be inclined to waive that provision of the ordinance. He further requested that Section 17.58.020 utilize the same language as provided in the Subdivision Map Act, thereby not clouding title to the property. Mr. Manuel explained that the Subdivision Map Act requires a notice be sent to the property owner regarding any violation. The City's ordinance would also require a notice of intent to file a violation be sent to the County Recorder, thereby protecting anyone wanting to purchase that particular piece of property between the date a problem is believed to exist and the 60 or 90 days before it can actually be determined if there is a problem. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council make the following findings regarding Amendments to Title 17 of the Subdivision 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 February 8, 1994. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2091 for first reading, an ordinance of the City Council of the City of Redding repealing Redding Municipal Code Title 17 and adding a new Title 17 entitled Subdivisions with the following modifications: 1) Section 17.12.090(a) & (b) and 17.24.020 - Tentative Parcel Map and Tentative Subdivision Map approval shall be an initial three-year approval with one three-year extension; 2) Section 17.40.010 - maintain present cap of 2 percent of the cost of the improvement work for inspections; 3) Section 17.58.020 - language for this section is to parallel the language set forth in the Subdivision Map Act; 4) Section 17.20.010 - Electric and Fire Departments are to be included in initial 6 07/19/94 preliminary subdivision review conference; and 5) Section 17.20.20(b)(13) - permits are to be obtained as required by approving agencies. CONTINUED PUBLIC HEARING - re Appeal of Conditions of Planning Commission approval of Tentative Subdivision Map S-9-93, Lincoln Estates, Unit 3, by Joe Delija, et al (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 Planning Commission approval of Tentative Subdivision Map S-9-93. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Department recommendation dated July 15, 1994 City Clerk Strohmayer advised that a letter was received from Frank Cabezud. Director of Planning and Community Development Perry related that the public hearing was continued to allow time to conduct a City Council field trip and to allow the applicant to evaluate alternative access improvements with staff. He provided an overview of the Report to City Council dated July 15, 1994, incorporated herein by reference. Mr. Perry explained that the developer of Lincoln Estates has argued that the cost is prohibitive for just 32 lots and that the Greenway Subdivision was not conditioned to reimburse anyone who builds Lawrence Road before Phase II of the Greenway Subdivision is built. Mr. John Mellow, the developer of the Greenway Subdivision, has argued that Lincoln Estates would still be "land locked" if he had not built 1,900 feet of new streets in the Greenway Subdivision and widened 1,500 feet of Middleton Lane out to Hartnell Avenue, representing roughly $175,000 in street costs. Staff has chosen not to support one argument over the other. Rather, staff has attempted to point out to both developers, without success, possible benefits to working together. The Greenway Subdivision has an approved tentative map that cannot be modified at this time, except voluntarily by the developer. It is the recommendation of staff that the appeal be denied. Council Member Murray did not see where any new information had been provided. He questioned whether there might be another alternative available through discussions with the developer of Lincoln Estates and staff that would provide for some form of partial development of Lawrence Road. Mr. Perry noted that the question would be whether public need and necessity could be found if Greenway Subdivision were not willing to dedicate right-of- way through the subdivision to get to Lawrence Road. Council Member Murray opined that if there is no compromise, the property is not probably ready for development. Mr. Perry indicated that staff would be happy to meet with the developers again. Staff is interested in obtaining acceptable improvements on Lawrence Road to handle the additional traffic, however, two willing parties are required. David Codromac, 4881 Saratoga Drive, opposed any modifications to the Lincoln Estates Tentative Subdivision Map because of the following issues which have not been addressed since 1990: 1) The box culvert at Lawrence Road and Hartnell Avenue has considerable obsolescence built into it; and 2) Pedestrian and vehicular traffic from the high school. He requested that the City Council address the box culvert and a traffic signal at Lawrence Road. He further noted that property values in the area are declining, and his apartment complex has suffered a tremendous loss of both rent and tenants. Frank Cabezud favored Council Member Murray's suggestion. He expressed a willingness to meet with staff and try and resolve the situation. He noted a willingness to pay a fair share for the development of Lawrence Road, however, it is too expensive. Mr. Perry suggested that the City Council close the public hearing, as it could always reopen it. Unless the public hearing is continued to a date 7 07/19/94 certain, it would have to readvertised and if there are some significant changes, it should be readvertised. Mayor R. Anderson determined that there were no additional individuals wishing to speak on the matter and closed the public hearing. Council Member Murray opined that access to the subdivision must be via Lawrence Road. Mayor R. Anderson concurred. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that the appeal of conditions of Planning Commission approval of Tentative Subdivision Map S-9-93 be referred back to staff for further discussion and brought back to the City Council for consideration at some point in the future. The Vote: Unanimous Ayes Council Member Kehoe suggested that if staff does not see any progress, the matter should be brought back for the City Council to resolve and did not favor leaving the matter open. Mr. Perry indicated that he would bring the matter back for the City Council's consideration at its second meeting in August. CONTINUED PUBLIC HEARING - Appeal of Approval of Use Permit UP-17-94 and Denial of Variance Application V-4-94, by Dr. Donald Nelson (7051 Riverside Drive) (L-010-390 & L-010-410) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the continued public hearing regarding the appeal of approval of Use Permit UP-17-94 and denial of Variance Application V-4-94. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Department recommendation dated July 15, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry provided an overview of the Report to City Council dated July 15, 1994, incorporated herein by reference, which outlined the City Council's direction to staff at the conclusion of its field review as follows: 1) Fill in the Floodplain - During the field review, Dr. Donald Nelson modified his request for new fill and identified a ground location for a new top of slope location that was acceptable to the City Council. This location was somewhat in line, north to south, with the southeast corner of the covered porch on the adjoining house to the north; 2) Pedestrian easement -Eliminate Condition 4 of the Use Permit as approved by the Planning Commission if it can be verified that no fences or barricades would be installed beyond his south property line, which could prohibit any access to the river outside his property; 3) Building setback from the new top of slope - Depict a setback that would allow a house for Dr. Nelson that would be approximately ten feet closer to the river than the house to the north. It is the recommendation of staff that the City Council authorize the preparation of a Negative Declaration based on the initial study and direct staff to bring back the Use Permit and Variance Application to the City Council for approval after the required 20-day public review of the Negative Declaration. Council Member Murray questioned if the area was defined so as to not create a snag in the flow of the river. Mr. Perry believed it had been adequately defined. He related that staff basically utilized the corner of the house next door and measured from that point. Council Member Murray questioned whether the conditions could be defined in such a way that the elevation is no higher than that of the neighbor to the north, including top soil required for grass. Mr. Perry related that it could be defined as such. Dr. Donald Nelson indicated that the exhibit portrayed in the Report to City Council was not what he believed was agreed upon during the field review. He stated that there was not enough room to build on as there was on the map he 8 07/19/94 provided for the City Council's consideration. He provided a viewgraph which depicted staff recommendation compared to his request. He added that he had spent a considerable amount of time preparing the exhibit to ensure the accuracy of the measurements. Mr. Perry stated that Associate Planner Hanson went back following the field review and measured from the rock to the defined reference points. Mayor R. Anderson noted that Dr. Nelson reviewed the placement of the rock. Dr. Nelson noted that the rock was a pretty loose reference point, as he had his boat in the water in case anyone was interested in going up the river to view the property to the north. He indicated that during the process of removing his boat from the water, he could have hit the rock and moved it. He stated that staff has not addressed the matter of equitable estoppel. The lot has an approved septic system, which is a substantial investment that usually indicates a party would be permitted to build. He related that he should be allowed to continue with a reasonable development as planned and fill without all these problems. He stated that he has been told that the channel belongs to the City and he questioned who actually owns the channel. Mr. Perry stated that to his knowledge the City does not own the channel but that it would probably be tied back to individuals that have homes around the lagoon. Dr. Nelson stated that the property is deeded to George Smith who developed the Lake Manor Subdivision. He questioned what right the City had to control who goes on Mr. Smith's property and why the ten feet should be taken off as public access if it is still an easement. Mayor R. Anderson recalled that the City's position was that it did not wish to abandon the entire parcel and Dr. Nelson indicated at the field review that he did not want the abandonment if he were not able to obtain all the property. Dr. Nelson stated that he would be giving up a strip of the property as an easement. He noted that this was not a condition in the beginning and he cannot meet the setback requirements without it. He indicated that it was conditioned that if he would provide access, the City would abandon the street; however, he was not willing to do that as there was not justification for it. Even if the street were to be abandoned with the ten feet taken off, the property would still need to be appraised and paid for just because it was deeded to the City. He stated that the City did not pay for the property and if the City has no use for it, it should be returned to the property owner who would best utilize it. Steven Clapp, 3175 Island Drive, opined that Mayor R. Anderson did not have the qualifications to determine where a residence should be built on the lot. He returned "the rock" to Mayor R. Anderson which marked the location of the fill. He explained that this particular piece of property is significant as it is at the tail end of the Sacramento River and the water influx to the south at high water time is not being considered. He suggested that the City tell Dr. Nelson to either meet the setback requirements or not build. He did not believe that the City Council had really considered the ramifications of Dr. Nelson's request. Dr. Nelson indicated that the State only owns the land to the normal low water mark on rivers. Between the normal low water and normal high water there is a public trust easement on the water over the land. Council Member Murray questioned whether the exhibit in the Report to City Council was reflective of the dimensions set out by the City Council during its field review. Mr. Perry replied that Mr. Hanson had prepared the exhibit utilizing a tape measure to define the rock and define from the other residence the setbacks and to use that as the reference point. Mr. Hanson related that the exhibit included in the Report to City Council is basically an overlay of Dr. Nelson's exhibit and any reference points are based upon his design and location. He noted that following the discussion 9 07/19/94 at the field review, the rock was basically placed between the tree along the outfall and the corner of the house on the lot next door. He then measured from a point that Dr. Nelson pointed out as his corner property line, approximately four feet into the bushes west of the physical barrier itself and came out 156 feet to the location of the rock which was approximately in between the tree and the corner of the house. He then measured 110 feet from the rock over to the channeled fence. He acknowledged that it is possible there might be some inaccuracies, but it was based on the exhibit presented by Dr. Nelson. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, authorizing the preparation of Negative Declarations in association with Use Permit UP-17-94 and Variance Application V-4-94 by Donald Nelson and directing staff to return both the Use Permit and Variance to the City Council for approval after the required 20-day public review of the Negative Declarations. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - Abandonment Application A-5-93 by Donald Nelson (7051 Riverside Drive) (A-010-100) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the continued public hearing regarding Abandonment Application A-5-93. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Department recommendation dated July 15, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry related that during its July 15, 1994, field trip, Dr. Nelson verbally withdrew his request to have Riverside Drive right-of-way abandoned. Unless Dr. Nelson is interested in acquiring the surplus property (right-of-way), proceeding with the abandonment would result in substantially reducing Dr. Nelson's street frontage and further reduce development options. Given Dr. Nelson's verbal withdrawal, staff would recommend that the City Council recognize that the abandonment proceedings are terminated. He noted that Public Works Director Galusha indicated that the 10-foot easement could be utilized as access to the well for maintenance. Dr. Donald Nelson explained that Right of Way Specialist Zoll had accompanied him to the property prior to the submission of the application. Mr. Zoll noted that the worse case scenario would be that his driveway might be blocked for two to four days if the well needed to be redrilled. Other than that, there would be no reason for the City to retain the land. Mayor R. Anderson determined that there were no other individuals present wishing to speak on the matter and closed the public hearing. City Attorney Hays stated that given the fact that Dr. Nelson appeared this evening and championed his cause for the abandonment request, the City Council should either deny his request or grant it modified. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to deny Abandonment Application A-5-93, by Donald Nelson. The Vote: Unanimous Ayes The hour of 9:15 p.m. having arrived, Mayor R. Anderson declared the meeting recessed. The hour of 9:25 p.m. having arrived, Mayor R. Anderson reconvened the meeting to regular session. VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES 1994 ANNUAL CONFERENCE (L-040-150 & A-050-060) MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to appoint Council Member Murray as the City's voting representative at the League of California Cities 1994 Annual Conference. The Vote: Unanimous Ayes 10 07/19/94 MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to appoint the City Manager as the City's alternate voting representative at the League of California Cities 1994 Annual Conference. The Vote: Unanimous Ayes REPORT ON TRIP TO WASHINGTON D.C. REGARDING NEXRAD (A-090-100-935) Mayor R. Anderson provided an overview of his summary of the trip to Washington D.C. regarding the Next Generation Radar (NEXRAD) issue and proposed closure of the National Weather Service station in Redding dated July 18, 1994. He stated that the delegation had a very good reception and provided Congressman Herger with the necessary ammunition to carry the argument forward. Congressman Herger is drafting a letter for signature by himself, Congressman Fazio, and Senators Boxer and Feinstein requesting a NEXRAD unit to be located in Red Bluff. This letter will be circulated among the Senate and Congress to obtain as many signatures as possible before forwarding it to the Secretary of Commerce, with copies to the White House. It is now a concerted effort of everyone representing this area, regardless of party, to try and obtain the NEXRAD equipment. He indicated that the delegation met with a representative from Governor Wilson's Office who hopes to also obtain an endorsement from Government Wilson. Mayor R. Anderson noted that the situation has been elevated considerably, but pressure needs to be kept on Washington D.C. Council Member Kehoe expressed appreciation to Mayor R. Anderson for devoting five days of his time to represent the North State in Washington D.C. This was an informational item and no action was required. RESOLUTION - Memorandum of Understanding with Redding Public Safety Dispatchers Association RESOLUTION - Appropriating Funds * (B-130-070 & P-100-050-130) Interim City Manager McMurry provided an overview of the Report to City Council dated July 13, 1994, incorporated herein by reference, which discussed the Memorandum of Understanding reached with the Redding Public Safety Dispatch Association covering wages, hours and working conditions. The term of the agreement runs from July 3, 1994, until the City no longer provides public safety dispatch functions. Economic features of the agreement include a three percent wage adjustment effective July 3, 1994, and payment of one-half of the fiscal year uniform allowance of $195. Also included are a number of changes in non-economic items involving work conditions. The Memorandum of Understanding has been ratified by the members of the Redding Public Safety Dispatch Association and it is the recommendation of staff that the City Council adopt the necessary resolutions approving the Memorandum of Understanding and appropriating necessary funds. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-210 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding entered into between the City of Redding and the Redding Public Safety Dispatchers Association, effective July 3, 1994. 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. 94-210 is on file in the office of the City Clerk. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-211 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 5th amendment to City Budget Resolution No. 94-199 appropriating $16,000 for personnel costs related to the new Memorandum of Understanding with the Redding Public Safety Dispatchers Association. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson 11 07/19/94 Noes: Council Members - None Absent: Council Members - None Resolution No. 94-211 is on file in the office of the City Clerk. APPLICATION FOR RECYCLING MARKET DEVELOPMENT ZONE PROGRAM (E-050) Director of Planning and Community Development Perry highlighted the Report to City Council dated July 12, 1994, incorporated herein by reference, which discussed the Recycling Market Development Zone Program established by the State of California. He noted that the goal of the program is to designate 40 zones in California. To date, there are 29 such zones, and the applications are due by November for the final round to designate the final 11 additional zones. Mr. Perry noted that a letter was received from Short's Scrap Iron & Metal, Inc. offering the assistance of their Senior Management Consultant, Meinert Toberer and Registered Environmental Assessor, Alan Bodiford. From staff's perspective, the City should make an application in order to reinforce its economic development and recycling efforts already made and to be as competitive as possible for jobs. It is the recommendation of staff that the City Council designate the following: the Enterprise Zone areas of Redding, Anderson, Shasta Lake, and Shasta County and the area within the Redding sphere of influence as a fall-back if the other agencies are not interested in participating. Mr. Perry related that conversations with a representative from the Waste Management Board indicate that the application would take approximately three weeks for an individual to compile, excluding typing time. This application would be a joint effort between the General Services Department and the Planning Department. Meinert Toberer, representing Short's Scrap Iron & Metal, Inc., stated that he was available to answer any questions from the City Council. He noted that his contacts with members of the local community, representatives of the Integrated Waste Management Board, and one other jurisdiction have indicated a very favorable response for proceeding with this application. He looked forward to working with staff on this application. Council Member Murray questioned what problems or opportunities might be presented by accepting Short's Scrap Iron & Metal, Inc.'s offer to provide Mr. Toberer's services at no cost to the City. City Attorney Hays related that before he could provide a complete response, he would need to know more about the program. He believed, however, that Short's Scrap Iron & Metal, Inc.'s offer represents a volunteer effort and is not something that would cause the City a problem. There are other local recyclers that could also participate and the City is not making this an exclusive circumstance. He viewed the offer as only assisting in the completion of the application in terms of the City's ability to compete effectively for consideration of one of the zones. Council Member Murray questioned whether the arrangements with outside parties could be coordinated through the City Attorney's Office to ensure that this volunteer effort presented no problem to the City. Mr. Hays indicated that he would be willing to assist in this manner. In response to Council Member P. Anderson, Mr. Perry noted that the only area in Shasta County that might be interested in being included in the application would be the Burney Basin area. Much of the necessary information has already been compiled with regard to utilizing the Enterprise Zone area as the boundaries. Mayor R. Anderson indicated that staff would be in contact with Mr. Toberer for assistance in the completion of the application. Council Member Kehoe favored keeping the City Attorney involved in the utilization of outside assistance which results in no cost to the City. 12 07/19/94 MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, authorizing staff to submit an application for Recycling Market Development Zone Program and designating the following boundaries: the Enterprise Zone areas of Redding, Anderson, Shasta Lake, and Shasta County and the area within the Redding sphere of influence as a fall-back if other agencies are not interested in participating. The Vote: Unanimous Ayes DRAFT AIR QUALITY EMISSIONS BANKING RULE 2.2 (E-020-010) Director of Planning and Community Development Perry highlighted the Report to City Council dated July 12, 1994, incorporated herein by reference, which contained a draft of a new air quality rule entitled Rule 2.2 Emissions Reduction Credit and Banking Rule. The County's Air Quality Management District (District), in coordination with the other air districts of our air basin, drafted the rule in response to a new State law that requires the air pollution control boards of all air quality management districts to adopt the rule. The County Air Pollution Control Board (Board) has scheduled a public hearing on July 26, 1994, to consider the adoption of the rule, which would also be applicable to all three cities of the County. In staff's opinion, the emissions banking rule is a good idea, but it does need to be modified to be clear in several areas. It is the recommendation of staff that the City Council authorize staff to send the letter depicted in the Report to City Council regarding Rule 2.2, which outlines the City's concerns and requests that the public hearing be continued so that the State- mandated rule can be recirculated. In response to Council Member Kehoe, Interim City Manager McMurry related that the County of Shasta has requested that staff meet next Monday to discuss the configuration the Air Quality Management Board. Mayor R. Anderson stated that he spoke with Shasta County Board of Supervisor Chair Sullivan who stated that it was her understanding that all the appointed representatives from the cities would receive notification and agendas for the upcoming Board meeting. Mayor R. Anderson was uncertain who would be allowed to vote at the meeting. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, authorizing staff to send the letter as depicted in the Report to City Council dated July 12, 1994, outlining the City's concerns and request that the Board continue the public hearing to permit the State-mandated rule to be recirculated. The Vote: Unanimous Ayes RESOLUTION - Letters of Agreement with Northern California Power Agency for Demand Side Management Related Services from Energy Masters Corporation (E-120-400) Electric Utility Director Lindley provided an overview of the Report to City Council dated July 7, 1994, incorporated herein by reference, discussing the City's need to consider its Demand-Side Management (DSM) services. Mr. Lindley explained that in 1991, the Northern California Power Agency (NCPA) issued a nationwide request for proposal to Energy Service Companies (ESCOs). Many electric utilities employ ESCOs for their specialized expertise, for one-of-a-kind projects, or to supplement staff efforts. NCPA selected Energy Masters Corporation (EMC) as its preferred ESCO. As a member of NCPA, Redding can avail itself of specialized expertise and services from EMC as needed through Letters of Agreement with NCPA, thereby taking advantage of NCPA's competitive, complete and thorough procurement process. It is the recommendation of both the Electric Utility Commission and staff that the City Council adopt the necessary resolution authorizing the City to enter into Letters of Agreement with the NCPA for DSM related services from EMC and authorize the City Manager to sign Letters of Agreement for DSM- related services as needed up to the City Manager's current authorized purchase order limit of $25,000 to supplement staff DSM efforts. Council Member Murray stated that this is an excellent program which is needed and supplements an effort that has historically been completed by staff. He expressed concern, however, that the City Council's approval would represent essentially a blanket purchase order and since individual orders would not exceed $25,000, the City Council would not review this matter 13 07/19/94 again. He suggested that the City Council adopt the necessary resolution but direct staff not to utilize the related services until the City Council has received a recommendation from the Electric Utility Commission regarding guidelines for utilization of the service. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that Resolution No. 94-212 be adopted, a resolution of the City Council of the City of Redding authorizing entering into Letters of Agreement with the Northern California Power Agency (NCPA) for demand-side management related services from Energy Masters Corporation of Overland Park, Kansas, the preferred energy service company for NCPA members; and the execution thereof by the City Manager. The City Council further directed that staff is not to utilize the related services until the City Council has received a recommendation from the Electric Utility Commission regarding guidelines for utilization of the service. 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. 94-212 is on file in the office of the City Clerk. AIRPORTS COMMISSION MEETING - Time and Location of Meetings (B-080-010) Airports Director Perry stated that the Airports Commission has requested an ordinance changing the place and time of its regularly scheduled monthly meetings. It is recommended that the City Council offer the necessary ordinance for first reading changing the time and location of the Airports Commission meetings to the first Monday following the second meeting each month of the City Council in City Hall Conference Room A. It was the consensus of the City Council to defer action on this matter until the City Council has reviewed all City Commissions. RESOLUTION - Appropriating Additional Funds for Temporary Taxiway at Redding Municipal Airport * (B-130-070 & A-090-100) Airports Director Perry explained that Mid Pacific Air Corporation dba Reno Air Express may begin serving Redding Municipal Airport in August, 1994. It will be operating the British Aerospace Jetstream 31, nineteen passenger aircraft and has indicated a desire to lease a portion of the Evergreen Helicopter Facility located at the northeast end of the Airport for its aircraft maintenance. Mr. Perry related that there is currently no airfield access to the Evergreen Facility. Staff has the Federal Aviation Administration's approval to proceed with a federally-funded project which includes a new taxiway, aircraft parking ramp, utilities and ground vehicle access. However, the timeline for this project will not meet the needs of Mid Pacific Air Corporation. In order to meet its needs, the City would be required to build a temporary taxiway adjacent to the planned location of the permanent taxiway, thereby allowing immediate airfield access by aircraft. Additionally, the temporary taxiway would allow uninterrupted access for Mid Pacific Air Corporation during the construction of the permanent taxiway. The Public Works Department has estimated the cost of this temporary taxiway to be $19,000.00. It is the recommendation of staff that the City Council adopt the necessary resolution appropriating funds for the construction of a temporary taxiway. In response to Council Member Kehoe, Mr. Perry related that the construction of the permanent taxiway could be one to two years away, depending on when enabling legislation is approved to start the flow of monies. Therefore, the Public Works Department was requested to design a temporary taxiway to last approximately one to two years. Council Member Kehoe questioned if there was a cost benefit to the City to expend $19,000 for a temporary taxiway. Mr. Perry viewed it as a favorable expenditure to the extent that Mid Pacific Air Corporation desires to 14 07/19/94 establish a maintenance facility in Redding. It would also represent a positive cashflow generated from the facility. In response to Mayor R. Anderson, Mr. Perry stated that he would like to negotiate a possible two to three year repayment schedule for the construction of the temporary taxiway. Mr. Perry requested the City Council's approval to appropriate the funds with the understanding that a more definite commitment would be received from Mid Pacific Air Corporation prior to requesting the Public Works Department to proceed. MOTION: Made by Council Member McGeorge, seconded by Council Member Murray, that Resolution No. 94-213 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 3rd amendment to City Budget Resolution No. 94-199 (1) appropriating $19,000 for a temporary taxiway and (2) authorizing the transfer of $19,000 from the General Fund to the Municipal Airport Fund. 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. 94-213 is on file in the office of the City Clerk. REQUEST TO RELOCATE WATERLINE ON LAKESIDE DRIVE - by Don Papin (W-030-725) Public Works Operations Manager Russell highlighted the Report to City Council dated July 15, 1994, incorporated herein by reference, outlining staff's research regarding the options available concerning the waterline location on Lakeside Drive and Mr. Papin's property, the history of the lot splits, and the history of the development of Lakeside Drive. Mr. Russell related that the waterline was constructed in 1957, prior to the development of the lots in question. The waterline was constructed in the right-of-way of a future street without knowledge of future street grades. The development of property on the east side of Lakeside Drive was required to make all improvements necessary to develop. Currently City policy requires that the property owners on the west side of Lakeside Drive make the public improvements necessary, including lowering or relocating the waterline to develop the property. Special driveway requirements and grading restrictions will only allow development of two of the four lots, lowering the waterline would be required to develop the other two lots. It is the recommendation of the Public Works Department that the City Council follow current City policy and require the property owners on the west side of Lakeside Drive to make all the necessary improvements required to develop the property at their expense. In response to Mayor R. Anderson, Mr. Russell indicated that the waterline could be lowered to provide adequate access. He noted that the other alternative would be to apply for a variance for the driveway section through the Planning Department. In reviewing the most recent automobile models, it is the larger model cars which would present a problem. Don Pappin indicated that he was not notified until Monday of this meeting and did not have sufficient time to prepare. He reiterated that it is not his intent to develop the lot, but that it is necessary to sell it to keep his wife's mother in the facility where she resides. He stated that his wife's parents purchased the two lots in 1960 and the only reason that the lot was shown as split in 1991 was that it was sold to Craig Miller. Mr. Miller, after verbally being told he would be required to lower the waterline to develop the lot, walked away from the property. He noted that it would cost approximately $35,000 to lower the waterline and the total value of the property is $30,000. He indicated that the other property owners are not interested in selling or developing their property and are waiting to see the outcome of Mr. Papin's request. Mr. Papin indicated that he was only interested in resolving the issue involving this one particular lot. In order to sell the property, he requested that the City Council direct the 15 07/19/94 Public Works Department to lower the waterline or provide something which indicates a driveway could be constructed on the property. In response to Council Member McGeorge, Mr. Russell indicated the cost to lower 500 feet of the waterline is estimated at $35,000. Council Member Murray questioned what the cost would be to lower the waterline on the two lots to the north. Mr. Russell indicated it would probably cost $15,000 because of the required tie-ins. Council Member Murray stated that staff commented that it requires development to make all necessary improvements. City policy, however, does not provide for development to degrade adjacent property and that is what staff has allowed to happen. He opined that the developer of the property across the street should have been required to lower the waterline at the time the street was constructed. He did not believe that directing staff to lower the waterline would set a precedent, because any staff mistakes cost all City customers. He favored allowing Mr. Papin and the adjacent property owner to place a cap over the waterline and direct the Water Department to lower the waterline at the juncture of the other two lots so that a similar cap could be installed. Director of Public Works Galusha related that the development across the street was required to perform considerable relocation of water lines to accommodate his improvements and also lower a portion of the line at the time it was done. The reason the water line was not lowered on the other side by the developer was that it was not impacted by that development. As the property developed on the west side of Lakeside Drive, it would then be required to lower the waterline. Council Member Murray stressed that Lot 12 was impacted by dropping the level of the street below the level of the water line. Mr. Galusha explained that staff was concerned about treating two property owners differently and did not see the City as having a liability in this particular case. Staff believed that the property owners should bear the cost of lowering the water line. Council Member McGeorge questioned who allowed the street to be lowered. Mr. Galusha replied that the City approved the plan. Council Member McGeorge concurred with Council Member Murray and that the City should accept part of the responsibility. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, directing staff to proceed with Alternative No. 2 as outlined in the Report to City Council dated July 15, 1994, allowing the development of Mr. Papin's lot and the lot to the south with special driveway requirements and grading restrictions and directing the Water Utility Division to lower the waterline to permit the two lots to the north to also construct driveway access with special driveway requirements and grading restrictions. The Vote: Unanimous Ayes BID SCHEDULE NO. 2815 - Solid Waste Transfer Station Project - Contract Change Orders and Increase in Project Contingency Fund (B-050-020 & S-020-650) Director of Public Works Galusha recalled that the City Council, at its meeting of June 15, 1994, discussed the wet soil problem on the solid waste transfer station project site. At that time, the City Council authorized staff to proceed on a time and materials basis to have the contractor remove the soil and dry it out so it could be replaced and compacted on the site. The work is nearly completed and the final costs are expected to be $150,000, which is less than one half the estimated $318,000 discussed at the City Council meeting. Mr. Galusha related that it was previously explained that the Materials Recovery/Transfer Station Project was a fast-tracked project in order to take advantage of cost savings associated with operating the solid waste collection from the new transfer station versus the existing inefficient method. In fast tracking, it was recognized that items of work would have to be added at a future time under the change order process. Also, it was 16 07/19/94 expected that fast tracking and bidding the project before final plan check would cause additional changes to the plans. Usually doing additional work is more expensive when done by change order; however, the advantage of having the new operational base earlier than otherwise might have been expected was believed to outweigh the increased costs. Mr. Galusha related that the City has been in the process of negotiating the costs for additions to the project that are necessary. Attachment A, depicted in the Report to City Council dated July 15, 1994, incorporated herein by reference, summarizes the costs and justifications for necessary revisions/changes to the materials recovery facility. The total cost for these changes is $115,600. Attachment B provides the status of all change orders approved or authorized by the Director of Public Works or the City Council as of July 15, 1994. As indicated, with the approval of all building changes, the project contingency fund will be at a deficit of $111,649. In order to approve the change order, the contingency fund will need to be increased by $200,000 to cover the current project contingency deficit and provide for any additional change orders required prior to the completion of the project. There is currently approximately $470,000 available from the Solid Waste Department's portion of the financing proceeds to cover these additional costs. Council Member Kehoe questioned what period of time staff made the observations noted in paragraph two of the Report to City Council regarding the fast tracking of the project and change orders. Mr. Galusha believed it occurred in either October or November when the bidding of the project was discussed. While the fast tracking of the project has always been a concern of the Public Works Department, he was not sure, however, that the concerns were expressed to the City Council. Council Member Kehoe did not recall this information being conveyed to the City Council and related that a review of the minutes of the October 6, 1992, meeting indicate that any additional costs associated with the fast track concept were germane to contract management rather than the contract itself. Mr. Galusha explained that the engineer proposed a fast tracking program as part of their Request for Proposal (RFP) and that aspect encouraged staff to select that consultant as it would speed up the project. He reiterated that he did not believe these concerns were verbalized to the City Council. Staff is, however, using it as justification for some of the change orders. Because the Building Department's plan review results were not known prior to the bid opening, this has resulted in additional change orders. Mayor R. Anderson concurred with Council Member Kehoe's recollection. He suggested that in the future when staff anticipates a large number of change orders that the City Council be advised as it could result in a different decision. He recalled controversy over who would develop the plans and that fast tracking had been discussed at that time, but did not recall the issue of change orders being discussed. Council Member Kehoe stated that he did not want to leave the impression that the City Council was aware of this situation, because he did not believe that to be the case. Mr. Galusha stated that staff is learning from this process and he would not recommend another fast tracking project. Interim City Manager McMurry believed that fast tracking had been the recommendation of the City Manager's Office and he assured the City Council that during this interim period he would not be recommending any fast tracking projects. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, authorizing the additional work as depicted in Attachment A of the Report to City Council dated July 15, 1994, estimated to be $115,600, and authorize the contingency fund to be increased by $200,000 to $500,000. Voting was as follows: Ayes: Council Members - P. Anderson, McGeorge, Murray and R. Anderson Noes: Council Members - Kehoe 17 07/19/94 Absent: Council Members - None ROUTINE REPORTS AND OTHER COMMUNICATIONS Notice of Proposed Increase in Gas Rates by PG&E PUC-Notice of Hearing Schedule on Electric Industry (S-050-350) ADJOURNMENT There being no further business, at the hour of 10:39 p.m., Mayor Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk