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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-08-16 - Special City Council, Special Meeting City Council Chambers Redding, California August 16, 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 Interim City Manager McMurry, and City Attorney Hays. CLOSED SESSION (L-100) 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 (Zurn/NEPCO claim against City of Redding). At the hour of 6:30 p.m., Mayor R. Anderson declared the meeting adjourned to closed session. At the hour of 6:55 p.m., Mayor R. Anderson reconvened the meeting to regular session. ADJOURNMENT There being no further business, at the hour of 6:56 p.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk City Council, Regular Meeting City Council Chambers Redding, California August 16, 1994 7:00 p.m. The Pledge of Allegiance to the flag was led by City Attorney Hays. The Invocation was offered by Elder Wendel Jansen, Lifegate City Church. 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 Interim City Manager McMurry, City Attorney Hays, Director of Public Works Galusha, Director of Planning and Community Development Perry, Electric Utility Engineering Manager Russell, Police Captain Byard, Director of Finance Downing, Director of General Services Masingale, Director of Information Systems Kelley, Director of Personnel Bristow, Associate Planner Morgon, Associate Planner DeMallie, Purchasing Officer Roberts, Housing Supervisor Garrity, Traffic Engineer/Planner Will, City Clerk Strohmayer, and Secretary to City Council Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 3, check numbers 209899 through 210342 inclusive, in the amount of $7,242,269.12, be approved and paid, Payroll Register No. 3, check numbers 382748 through 383534 inclusive, in the amount of $916,370.84, and Automatic Payroll Deposits, check numbers 20476 through 20673, in the amount of $300,279.95, for a total of $1,216,650.79, for the period July 17, 1994, through July 30, 1994, be approved. TOTAL: $8,458,919.91 Resolution - Appropriating Funds for Judgement in Eakens, et al., v. City of Redding * (B-130-070 & L-100) It is the recommendation of the Director of Finance that Resolution No. 94- 225 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 8th amendment to City Budget Resolution No. 94- 199 appropriating $225,000 for payment of judgement in Eakens, et al., v. City of Redding. Set Public Hearing - re Appeal of Conditions of Approval of Tentative Subdivision Map S-9-93, Lincoln Estates, Unit 3, by Joe Delija, et. al. (S-100-437) It is the recommendation of the Director of Planning and Community Development that a public hearing be set for 7:00 p.m., September 6, 1994, to consider the appeal of conditions of approval of Tentative Subdivision Map S-9-93, Lincoln Estates, Unit 3, by Joe Delija, et. al. 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 July 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. Tentative Subdivision Map S-2-94 - Placer Pines Subdivision, by Ron Farley (5010 Placer Street) (S-101-010) The City Council accepted the report containing the map and conditions of approval for Tentative Subdivision Map S-2-94 approved by the Planning Commission granting permission to create 46 single-family residential lots on 22 acres located at 5010 Placer Street, situated southwest of the Mary Lake Subdivision. Tentative Subdivision Map S-4-93 - Spring Hill Park Subdivision, by McDonald Family Trust (East of Churn Creek and north of Edgewood Drive) (S-101-003) The City Council accepted the report containing the map and conditions of approval for Tentative Subdivision Map S-4-93 approved by the Planning Commission granting permission to create 312 single-family residential lots on 154 acres located east of Churn Creek and north of Edgewood Drive. Resolution - Agreement with Northern Valley Catholic Social Service and Catholic Charities of Sacramento, Inc. for the use of HOME Funds (G-100-070-300) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-226 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Catholic Charities of Sacramento, Inc., and Northern Valley Catholic Social Service providing funds for the development of affordable housing units, and authorizing the Mayor to sign same. Resolution - Agreement with Department of Housing and Urban Development for 1994 Community Development Block Grant (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-227 be adopted, a resolution of the City Council of the City of Redding approving the 1994 Community Development Block Grant (CDBG) in the amount of $884,000 for the City of Redding and authorizing the Mayor to sign same. Resolution - Agreement with Golden Umbrella for Community Development Block Grant Funds for Project Match (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-228 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Golden Umbrella, in the amount of $11,500.00, for the period of September 1, 1994, through August 31, 1995, for Project Match, and authorizing the Interim City Manager to sign same. Resolution - Agreement with Laubach Literacy Council of Shasta County for Community Development Block Grant Funds (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-229 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and the Laubach Literacy Council of Shasta County, in the amount of $17,186.00, for the period of September 1, 1994, through August 31, 1995, for providing literacy training services for the citizens of the City of Redding, and authorizing the Interim City Manager to sign same. Resolution - Agreement with Shasta Housing Development Corporation for Community Development Block Grant Funds for Transitional Housing program (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-230 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and the Shasta Housing Development Corporation, in the amount of $32,490.00, for the period of September 1, 1994, through August 31, 1995, for the Transitional Housing Program, and authorizing the Interim City Manager to sign same. Resolution - Agreement with People of Progress for Community Development Block Grant Funds for Expansion of the Community Gardens Program (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-231 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and People of Progress, in the amount of $19,954.00, for the period of September 1, 1994, through August 31, 1995, for the expansion of the Community Gardens Program and authorizing the Interim City Manager to sign same. Resolution - Agreement with Shasta County Women's Refuge for Community Development Block Grant Funds for Housing and Counseling Services (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-232 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Shasta County Women's Refuge, in the amount of $40,000, for the period of November 1, 1994, through October 31, 1995, for housing and counseling services, and authorizing the Interim City Manager to sign same. Resolution - Agreement with Shasta Senior Nutrition for Community Development Block Grant Funds for Emergency Food Assistance Services (G-100-030-039) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-233 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Shasta Senior Nutrition Program, in the amount of $11,200.00, for the period of September 1, 1994, through August 31, 1995, for emergency food assistance services, and authorizing the Interim City Manager to sign same. Resolution - Agreement with PG&E to Perform Tariff Schedule Related Work for Joint Facility Construction along the Quartz Hill/Keswick 115/12kV Transmission Loop Project Route (E-090-160-500) It is the recommendation of the Electric Utility Director that Resolution No. 94-234 be adopted, a resolution of the City Council of the City of Redding approving the agreement to perform tariff schedule related work between the City of Redding and Pacific Gas and Electric Company for joint facility construction along the Quartz Hill/Keswick 115/12kV Transmission Loop Project Route; authorizing payment to PG&E of its actual costs, not to exceed $200,000; and authorizing the Mayor to sign all necessary documentation. Award of Bid - Bid Schedule No. 2879, Pad Type Distribution Switches (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2879, pad-type distribution switches, be awarded to Electrical Equipment, Inc., for furnishing pad-type distribution switches (both Bid Groups I and II) during the specified contract period of September 1, 1994, through August 31, 1995. Funds for these purchases are included in the 1994-95 budget. Resolution - Appropriating Funds for Plastic Processor for Resource Recovery Division Resolution - Authorizing Purchase of One Plastic Processor * (B-130-070 & G-100-070 & S-020-550) It is the recommendation of the Director of General Services that Resolution No. 94-235 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 9th amendment to City Budget Resolution No. 94-199 appropriating $12,000 for plastic processing equipment. It is further recommended that Resolution No. 94-236 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of one (1) plastic processor from Plasticycle of Wisconsin in the amount of $91,661.21; and authorizing the City Manager to execute the appropriate documentation. Resolution - Appropriating Funds for Soil Remediation at Turtle Bay Park and Museum Site It is the recommendation of the Director of Community Services that Resolution No. 94-237 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 7th amendment to City Budget Resolution No. 94-199 (1) appropriating $24,500 to remediate contaminated soil; and (2) authorizing the transfer of $24,500 from the General Fund to the Fleet Management Fund. Resolution Accepting Streets and Acceptance of Improvements - Monterey Springs Subdivision, Unit 2 (Palacio Drive and Churn Creek Road) * (S-070-230 & S-100-493) It is the recommendation of the Director of Public Works that Resolution No. 94-238 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Fountain Circle and Crystal Street in Monterey Springs Subdivision, Unit 2. It is further recommended that the improvements in Monterey Springs Subdivision, Unit 2, be accepted as satisfactorily completed, and the City Clerk instructed to retain the securities until the landscaping is completed. Resolution - Disadvantaged Business Enterprises (DBE) Program Goals for Fiscal Year 1994-95 (G-100-030-300) It is the recommendation of the Director of Public Works that Resolution No. 94-239 be adopted, a resolution of the City Council of the City of Redding setting a single goal of 10 percent for the City's Disadvantaged Business Enterprises Program for fiscal year 1994-95. MOTION: Made by Council Member Kehoe, 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. 94-225, 94-226, 94-227, 94-228, 94-229, 94-230, 94-231, 94- 232, 94-233, 94-234, 94-235, 94-236, 94-237, 94-238 and 94-239 are on file in the office of the City Clerk. - - - - - - REDDING RANCHERIA - Request to Connect to City Water System (W-030-500) Director of Public Works Galusha related that a letter had been received from the Redding Rancheria (Rancheria) requesting to address the City Council regarding the development of an agreement for the City to provide water to the Rancheria. He explained that recent tests of the Rancheria water system indicated high concentrations of methane gas in the well, water, and pumping and storage system. He provided a viewgraph depicting the Rancheria's location to the City's water main, which represents approximately 900 feet. Mr. Galusha recalled that the City Council considered a similar request from the Rancheria, at its meeting of November 3, 1992, whereby staff was directed to negotiate with the Rancheria staff to provide water and sewer service. He indicated that staff and the Rancheria were never really able to come to an agreement. The Rancheria continued to provide its own water through a well and developed a packaged sewage treatment plant to service the facility. He explained that for the past three weeks, the City has been providing water to the Rancheria through water service trucks which have obtained a fire hydrant meter. Mr. Galusha stated that the issue before the City Council deals with providing service outside the City of Redding. Council Member Murray asked staff to described the negotiations which took place following the City Council's direction at its November 3, 1992, meeting and the outcome of those negotiations. City Attorney Hays stated that the attorney for the Rancheria, David Rapport, provided a draft document on which staff commented. During his discussions with Mr. Rapport, an agreement could not be reached on some of the salient issues, i.e., land use, police and fire protection. In response to Council Member Murray, Mr. Hays related that the City's point of contact for the Rancheria was Mr. Rapport. Public Works Director Galusha, Planning and Community Development Director Perry, Chief of Police Blankenship and Lieutenant Davidson had input regarding the City's requirements in the agreement. Council Member Murray questioned what issues the Rancheria was not able to accept. Mr. Hays stated that the Rancheria property is a sovereign nation, therefore, the City has no regulatory control over the area. The City at that time felt that providing water and sewer service to the area would enable the Rancheria to intensely develop. Currently, there is the bingo complex and other activities which the public takes part in, all on the Rancheria's current water supply. There was also concern about planning issues, traffic impacts at the intersection, police and fire protection. These impacts would represent costs to the City that would have no return. It was clear that the Rancheria's trust status was important and permitted gambling activities which were not allowed elsewhere in the community. Council Member Murray related that since the City Council's action in November 1992, he has been unable to ascertain from the record that good faith negotiations were entered into on the part of the City or determine any specific reason for the breakdown in negotiations. Mayor R. Anderson noted that negotiations have to be a two-way street, and possibly negotiations broke down on both sides. Council Member Murray explained that there is nothing in the staff report to indicate what happened during negotiations. Mr. Hays related that previous direction was based upon a Report to City Council that addressed various issues and comments made by the City Council during discussion of the matter. He explained that basically the two parties could not agree upon the principles. Council Member P. Anderson suggested that staff cite how many times the City met with representatives from the Rancheria and who was in attendance. Mr. Hays related that it would be difficult at this point to state how many times staff discussed the matter, as it had been almost a year since his last contact with Mr. Rapport. He and Mr. Rapport spoke several times on the telephone to discuss the draft document which did not deal with some of the salient points that the City wanted to address. He said Mr. Rapport indicated that the nation was not inclined to go forward if it compromised some of their sovereign rights; and at that point, there was no further negotiations undertaken. Mr. Hays asserted that the City has no problem with the Rancheria wanting to maintain some of their sovereign rights, however, it does pose some considerations that the City Council has to deal with. In response to Council Member P. Anderson, Mr. Hays confirmed that his only contact with the Rancheria was through their attorney, Mr. Rapport. Lance Frederickson, 6640 Waterford Drive, representing the Redding Rancheria, stated that the Rancheria has a critical health and safety issue in that explosive gas had been detected in the Rancheria's water supply and drilling another well would probably produce a similar situation. He requested that the City Council approve an emergency water hookup for 60 days at a cost or cost-plus basis to provide representatives from the Rancheria an opportunity to meet with staff and determine if an agreement can be reached. He explained that discussions with Rancheria leaders in the past several days indicate they are anxious to negotiate and resolve problems that have been presented by City staff. They are willing to even consider annexation. The Rancheria is not requesting the City to change its policy of not providing City services without annexation, but recognize perhaps a new policy that would require the City to provide services because this is an unique circumstance as there is only one indian nation in or adjacent to the City. Mayor R. Anderson believed that the Rancheria had made a reasonable request and possibly annexation could be considered while still retaining some of the Rancheria's sovereign rights. Mr. Frederickson reiterated that discussions with individuals at the Rancheria indicated that they are not in opposition to discussing annexation at this time. Joe Murphy, 1939 Rancheria Road, expressed appreciation to the City Council and staff for responding so quickly to the emergency situation at the Rancheria. He explained that on August 3, 1994, Pace Engineering determined that there was a high concentration of methane gas in the water and pump storage system. The system was immediately turned off for the safety of the Rancheria and the surrounding community. He acknowledged the history over the last 30 years whereby the City and Rancheria have had difficulties coming to an agreement on the water system. He stated that the new facility on the Rancheria has been an economic boom for the indians in the area and provided a substantial number of jobs. He related that the Rancheria continues to try and mitigate impact on the community, i.e., traffic. The Rancheria has recently come to an agreement with Caltrans, the City of Redding, and Shasta County for a double traffic light system at the intersection of Redding Rancheria Road and Highway 273. The Rancheria recognizes this as a safety issue and, as a government, it is looking at various ways to ensure the safety of its community and the surrounding community. He advised that the Rancheria has agreements for police and fire protection through a State agreement with indian tribes. Mr. Murphy believed there was previously a lack of communication between the Rancheria and the City in reaching an agreement. The Rancheria is a very small tribe which has been trying to take care of its people on very limited resources. Because of its economic boom, he said the Rancheria is reaching a point of being able to assist in providing necessary services to tribal members. At this point, however, the Rancheria is facing an emergency situation, whereby it has no reliable water. The Rancheria is seeking an emergency connection for 60 days to allow time for an agreement to be reached regarding the provision of water to the area. He stressed that it is vital for any community to have safe and reliable water. Council Member Kehoe asked how many families reside on the Rancheria. Mr. Murphy stated that there are 25 homes and approximately 75 individuals, including children, residing on the Rancheria. He explained that most of the tribal members do not live on the reservation because of the small land base which was allotted to the tribal elders. Bob Foreman, 82931 Redding Rancheria Road, reiterated that the Rancheria has an emergency water situation and would like to connect to the City's water system and work toward the development a long-term relationship. Barbara Murphy, 1939 Redding Rancheria Road, Chief Executive Officer, recalled that she addressed the City Council approximately a year and a half ago. She left that meeting feeling very good at having achieved the City Council's support for moving forward with negotiations to try and resolve a long-standing community problem. The Rancheria's water system has never been very reliable. At that time, it was known that the water contained large amounts of magnesium and iron. When the Rancheria decided to proceed with the gaming enterprise, it recognized its water limitation and wanted to sit down with the City and negotiate some of the issues which were a concern to the City Council and City staff. She stated that the Rancheria must assume much of the responsibility for the break down in communication because the tribe had to put all of its energy into learning how to operate a tribal government, administering large federal grants, opening up a health facility which provides health care to 89,000 indians and their families, and the construction of a 40,000 square foot facility which employs approximately 300 people. Ms. Murphy related that prior to the development of the gaming facility, unemployment in the indian community was close to 85 percent. The Rancheria believes in supporting the local community and has a policy of utilizing local vendors and obtaining supplies locally. The gaming enterprise brings approximately 35 bus loads of people into the community on a weekly basis, many of who stay overnight in local hotels. Preliminary figures from last year indicate that the Rancheria put $21,000,000 back into the local community. The Rancheria is the 7th largest employer in Shasta County, employing many individuals who never worked before but are now becoming viable citizens. Ms. Murphy explained that the Rancheria had to look for an economic business that would provide the resources necessary to move ahead. The enterprise has been successful, and the goal of the Rancheria is to eventually develop a hotel. Ms. Murphy explained that the Rancheria obtained the services of Pace Engineering to provide assistance with regard to its water supply. At that time, it was learned that there was methane gas in the water which had been there for a considerable period of time and represented a dangerous situation. The Rancheria had previously relied on government, however, it did not have the technical expertise. The Rancheria currently has families which are in the need of good quality water. She expressed confidence that some of the past miscommunication and misconceptions can be worked out. The Tribal Council is committed to addressing these issues with the City and in reaching an agreement which is mutually beneficial. Mayor R. Anderson congratulated the Rancheria for what it has achieved for its people to date. Based on testimony received this evening, he believed both parties were finally in a position to sit down and come to an agreement on some of the issues which have posed a problem in the past, while still recognizing the concerns of the nation. Ms. Murphy clarified that any future development, with the exception of a Headstart, would not occur on the Rancheria, but would be developed on fee land. She acknowledged the Rancheria's obligations and expected to meet those obligations during development. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, granting an emergency water hookup to the Redding Rancheria for a period of up to 120 days at no cost to the City of Redding. The Vote: Unanimous Ayes Council Member Kehoe clarified that costs for hooking up to the water system, including any associated staff time, would be borne by the Rancheria. Director of Planning and Community Development Perry stated that staff would need to work out the entity responsible for the emergency water tie, with the understanding that the direction to staff would be to proceed to develop an interim agreement with that entity which provides some type of contractual relationship defining what will happen following the 120 day period. Mayor R. Anderson believed that the interim agreement could be worked out. Mr. Perry confirmed that staff would proceed with developing the agreement and bring it back to the City Council. Council Member Murray did not want the development of the agreement to postpone the Rancheria from obtaining water. Mr. Perry stated that the Rancheria is obtaining water by trucking it in and that it would still be necessary to lay a hose or pipe to get the water to the Rancheria. Council Member Kehoe stressed that his motion was meant to be effective when the City Council took action this evening. Council Member Murray believed that water should be provided to the Rancheria immediately and the problem of paperwork resolved at a later time. Interim City Manager McMurry related that staff has been in contact with Mr. Murphy and has some insight into what needs to be done to provide water. At the City Council's direction, he said staff will do what is necessary to provide the water. Mayor R. Anderson stated that the City Council recognizes the emergency situation and has expectations that within 120 days an agreement will be reached or substantial progress made. He requested that the Rancheria be responsible for contacting staff to begin the negotiation process. He also requested that the City Council be kept apprised of any problems encountered along the way. Council Member Murray suggested that the City Council discuss the composition of the negotiating team and what direction that team should be given from the City Council. He requested a staff report which discussed the difference between annexation and a contract and the associated advantages or disadvantages, as well as the associated costs. He was concerned that absent any other direction, staff would pursue the City Council's historic direction which is not to provide services without annexation. He was not convinced that annexation was appropriate without seeing some type of cost analysis. Council Member P. Anderson also requested staff to research what type of agreements have been developed in other communities which have adjacent indian nations. Council Member McGeorge concurred that water needs to be provided immediately and negotiations started. He stated that the Rancheria's long- range planning goals should also be discussed. Mayor R. Anderson questioned who Mr. McMurry would recommend be part of the City's negotiating team. At the direction of the City Council, Mr. McMurry stated that he would appoint a negotiating team and report back to the City Council regarding its composition. Given other staff priorities, Council Member Kehoe questioned if 120 days provided sufficient time. Mr. McMurry related that after staff has met with representatives of the Redding Rancheria, he would report back to the City Council regarding negotiations and provide a projected timeline. Given the heavy workloads, Council Member Kehoe felt that the City Council would be willing to grant additional time if necessary. He, however, requested that a progress report be provided in a timely fashion. Mr. McMurry stated that he would provide the City Council with a progress report in 60 days and would also provide an initial report which outlined negotiations, the composition of the negotiation team, and the City's progress toward providing a temporary water connection. CONTINUED PUBLIC HEARING - re Rezoning Application RZ-6-94, by the City of Redding (Ravenwood Estates Subdivision, Units 1-9, and Shasta View Manor Subdivision) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Rezoning Application RZ-6-94. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Department recommendation dated August 11, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry stated that the City Council, at its meeting of August 2, 1994, continued the public hearing regarding Rezoning Application RZ-6-94 due to testimony concerning the future of Enterprise Skypark. Staff has contacted Jack Reese, the attorney representing the owner, and confirmed that the property is now in escrow and there are no current discussions for new or extended leases to operate an airport. Don Lynn, the purchaser, has stated to staff that his intent is to subdivide the property. It is recommendation of staff that the City Council approve the rezoning of the property to "R-1" Single-Family Residential District for Ravenwood Estates Subdivision, and to "R-2" Duplex Residential District for Shasta View Manor, ratify the Negative Declaration, and offer the ordinance for first reading. Mayor R. Anderson determined that there was no one present wishing to speak on this matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council approve Rezoning Application RZ-6-94 as recommended and make the following findings: 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 June 28, 1994. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2093 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "R-1" Single-Family Residential District and "R-2" Duplex Residential District. PUBLIC HEARING - re Appeal by North State Asphalt of Use Permit UP-27-94 (16981 Clear Creek Road) (L-010-390) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the appeal of Use Permit UP-27-94 by North State Asphalt. 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 July 29, 1994 City Clerk Strohmayer noted that a letter dated August 8, 1994, was received from Marlyn Bailey opposing the change of the Use Permit conditions. Director of Planning and Community Development Perry provided an overview of the Report to City Council dated July 29, 1994, incorporated herein by reference, regarding the appeal by Northstate Asphalt, Inc. of the Planning Commission's decision prohibiting the use of front-end loaders prior to 6:00 a.m. in conjunction with the operations of its asphalt plant at 16981 Clear Creek Road. The Planning Commissions' action was made as part of approval of the applicant's request to rescind a previous use permit condition imposed by Shasta County that restricted operation of the asphalt plant itself to between the hours of 6:00 a.m. and 6:00 p.m. Based on recorded noise data, the Planning Commission determined that operation of the asphalt plant was appropriate prior to 6:00 a.m.; however, the Commission restricted the use of the loaders out of concern that the noise generated by safety back-up alarms would adversely affect the residents living to the south of China Gulch Road. Mr. Perry explained that the applicant feels it is imperative that Northstate Asphalt be allowed to operate prior to 6:00 a.m. in order to meet contract delivery requirements and to compete with other asphalt suppliers, including those on Clear Creek Road, which do not have such limitations. The request is for start-up as early as 4:00 a.m. for approximately 45 days during the year on an intermittent basis, thereby providing for a worst-case situation. The applicant has stated that start-ups prior to 5:00 a.m. would be rare. Mr. Perry related that the available data suggests that Northstate Asphalt has made a successful effort to reduce its noise level and can operate within the standards of the General Plan. Its request is to operate in a similar manner as the other industrial uses in the City along Clear Creek Road. On that basis, staff recommends that the City Council uphold the appeal of Use Permit Application UP-27-94 by deleting the restriction on loaders in Condition 1c based upon a finding that operation of the asphalt plant in compliance with the use permit will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area and will not be detrimental to surrounding property. In response to Council Member Kehoe, Associate Planner DeMallie related that Friendly Hills Estates Subdivision was approved by Shasta County in 1976 and China Gulch was approved in the 1980s. Mr. Perry explained that Northstate Asphalt's original permit was issued in 1979 and amended in 1987 to permit the asphalt operation. In response to Council Member Kehoe, Mr. Perry believed the County's intent of placing a 6:00 a.m. to 6:00 p.m. restriction on the operation was to avoid early morning disturbances to the residents in the China Gulch area. City staff made its recommendation, however, based on the fact that there are several noise sources in this area, i.e., gravel plant, asphalt plant, equipment. He noted that Northstate Asphalt has made changes to the plant itself which has assisted in reducing the noise level. Joann Diffenderfer, 7082 Karma Lane, related that she is one mile closer to the plant than the test site and cited the following problems: When all the plants are operating, cannot go outside; the operations are extremely loud and very dirty; the area has been classified as industrial use and is becoming saturated; traffic, especially trucks. She requested that the City Council visit the area, when the various plants are operating. In response to Council Member P. Anderson, Ms. Diffenderfer stated that her home was built in 1974 and she moved in February 1979. John Lovell, 17274 Gannero Court, President of the Friendly Hills Housing Association, expressed appreciation to Northstate Asphalt for its efforts to make the plant quieter. He appealed to the City Council to consider what effects these operations would have on the area at 4:00 a.m. He noted that the residents on the bluff side of the subdivision are already conditioned to waking up at 6:00 a.m. when operations begin. He referenced noise which is also heard from the Redding Power Plant. He explained that the area has reached its limit with regard to noise problems and he appealed to the City Council not to increase that problem. Joe Porrazzo, 17427 China Gulch Drive, stated that the City Council needs to give consideration to the fact that this permit to operate before 6:00 a.m. will add to the already existing noise. He believed that prior City Councils and County Supervisors have been negligent in considering citizens and not industry. John Heath, 7083 Bohn Blvd., believed that Shasta County placed restrictions on this operation to protect the residents. He recognized that the residents need to learn to coexist with industry, however, government needs to be responsive in reviewing the situation. He did not feel the residents were adequately represented at the Planning Commission, possibly because they don't reside in the City of Redding. The County issued a permit with certain restrictions for a good cause and Mr. Schmitt is now attempting to change the requirements because of his recent annexation. He stressed the importance of children receiving adequate sleep without noise disturbance. He opined that Mr. Schmitt has been competitive and running a profitable business. Cookie Kravitz, 7083 Bohn Blvd., explained that her residence was utilized by Mr. DeMallie for the noise testing. She stated that she installed double-pane windows, as well as a CD player in the bedroom, to eliminate some of the noise problems. She indicated that she would be required to disclose the noise problems when selling her residence, thereby, reducing her property value. She believed the County had a reason for imposing the time restrictions and said the City Council could not fully understand the nature of the problem unless they were at her residence at 4:00 a.m. to hear the associated noise. Virgil White, 7198 Bohn Blvd., explained that he purchased his home to retire. He stated that he is a real estate broker and would be required to disclose the noise problems. He did not feel he could continue to live in the area because of the noise. Bill Schmitt, Northstate Asphalt, sympathized with the residents regarding the noise issue. He stated, however, that there are other operations in the area, with Northstate Asphalt being the one taken out of the competitive mode because it is not authorized to operate a loader before 6:00 a.m. He explained that the City of Redding recently had two contracts which required asphalt to be laid in the middle of the night. He related that Northstate Asphalt has met all criteria of the City and noted that the plant is located in an industrial corridor. He conveyed that when he originally applied for the permit with the County in 1979, he requested a 6:00 a.m. to 6:00 p.m. operation. Mr. Baker subsequently requested a 24-hour operation and received it with no problem. He emphasized that he is only requesting permission to load at 4:00 a.m. on certain occasions. He noted that the ready-mix concrete plant is authorized for 24-hour operation. He expressed a desire to be a good neighbor. Richard Smith, 7035 Siesta Court, explained that he is totally deaf on the left-hand side and cannot sit on his patio at 6:00 a.m. or 7:00 a.m. and enjoy a conversation because of the noise from the commercial development. He too believed that the disclosure of the noise would be a hinderance when selling his residence. Mr. Perry clarified that the operation is approved for 24-hour operation except the City's noise standards must be met during certain periods. The only restriction is on the back-up devices noted in Condition 1c. Mayor R. Anderson determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. In response to Council Member P. Anderson, Mr. Perry related that these industries came into the City with restrictions imposed by the County. Staff noted that the back-up alarms are a requirement of CalOHSA and was not aware of any alternative provisions. Council Member Murray stated that he was on the County Planning Commission in the early 1980's when the industrial zone district was applied to the Clear Creek area and the same arguments heard this evening were heard at that time. This is an industrial zone district because of the location of the resources. He viewed the problem as being the fact that a subdivision was permitted to be located next to an industrial area. With regard to the comment made regarding government too often serving industry and not people, he indicated that the industries along Clear Creek Road are one of the largest single tax generators in the City of Redding which help fund police protection. He explained that the City is concerned about the residents living outside of the City of Redding and that is evidenced by the imposition of noise limits, by inviting comment from those in the area, conducting public hearings, and trying to be a good neighbor. He related that within the next four months, the Redding Power Plant will be in operation; and because of its desire to be a good neighbor, the City went to considerable expense to muffle the sounds of the turbines. He reemphasized that the problem occurred when the subdivision was approved. Council Member McGeorge noted Northstate Asphalt should be given the opportunity to operate at the same hours as the other operations along Clear Creek Road. He believed Mr. Schmitt had gone the extra mile in trying to reduce the noise levels and believed he would continue to do so. He did not believe the City Council should defer making a decision. If necessary, he expressed a willingness to visit the location at a time determined to be the noisiest. Council Member Kehoe noted that Friendly Hills Subdivision was developed in 1976 and Mr. Schmitt was granted a permit in 1987 which imposed hours of operations. He believed the homeowners observations were valid and had a substantial amount of empathy for the residents. In response to Council Member P. Anderson, Mr. Perry stated that many of the businesses are non-operational at 4:00 a.m. Operations begin at different times depending on bid requirements and work schedules. In response to Council Member P. Anderson, Mr. DeMallie indicated that he was not aware of any operations working 24 hours. He noted, however, that J.F. Shea begins operating as early as 4:00 a.m. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to uphold the appeal of Use Permit UP-27-94 by deleting the restriction on loaders in Condition 1c based upon a finding that operation of the asphalt plant in compliance with the Use Permit will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area and will not be detrimental to surrounding property. The Vote: Unanimous Ayes At the hour of 8:38 p.m., Mayor R. Anderson declared the meeting recessed. At the hour of 8:54 p.m., Mayor R. Anderson reconvened the meeting to regular session. PUBLIC HEARING - Rezoning Application RZ-5-94, by Ron Farley (Placer Pines Subdivision) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Rezoning Application RZ-5-94. 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 August 9, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry related that the Planning Commission, at its meeting of July 26, 1994, recommended approval of a rezoning of approximately 22 acres located at 5010 Placer Street from "R1-B2" Single-Family Residential District to "R1-BFM" Single-Family Residential District. The rezoning was initiated concurrent with the Placer Pines Subdivision to allow lots smaller than 20,000 square feet, which is the minimum lot size allowed in the "R1-B2" District. It is the recommendation of both the Planning Commission and staff that the City Council approve the Rezoning Application as recommended, ratify the Negative Declaration and offer the ordinance for first reading. Mayor R. Anderson determined that there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council approve Rezoning Application RZ-5-94 as recommended and make the following findings: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on July 6, 1994. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2094 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "R1-BFM" Single-Family Residential District. ORDINANCE NO. 2092 - Amendment of Redding Municipal Code Chapter 2.64 re Composition of Redding Redevelopment Agency (R-030) MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2092 be waived and the City Attorney instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member P. Anderson, seconded by Council Member Murray, that Ordinance No. 2092 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 2.64, Redevelopment Agency, by amending Section 2.64.010 entitled "Establishment" permitting members of the community to serve on the Redding Redevelopment Agency. 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. 2092 is on file in the office of the City Clerk. DESIGNATION OF MT. SHASTA AS AN HISTORIC DISTRICT (F-200-100) Council Member Kehoe abstained from discussion and voting on this matter. Interim City Manager McMurry conveyed that letters had been received from Congressman Wally Herger and State Senator K. Maurice Johannessen relating to the decision by the Keeper of the National Register of Historic Places that Mt. Shasta is eligible for designation as an Historic District. Mr. McMurry explained that unless the City Council believes it has sufficient information at this point to go on record as firmly supporting or opposing the designation of Mt. Shasta as an Historic District, it would seem that the best course of action would be to designate the Mayor, other members of the City Council, or a City staff member, to attend the August 30, 1994, meeting being convened by Congressman Herger for the purpose of gaining as much information as possible regarding the proposed designation. Council Member Murray supported receiving more information on the matter. He was not in favor of becoming involved unless there was some compelling reason. Council Member McGeorge volunteered to attend the August 30, 1994, meeting for the purpose of obtaining as much information as possible. He believed that this designation would have an impact on both the City of Redding and the northstate. He also requested that a staff member accompany him to the meeting. SET PUBLIC HEARING - Adjustment to Schedule of Fees and Service Charges for Convention Center and Police Departments Only (F-205-600) Director of Finance Downing stated that the City Council, at its meeting of August 2, 1994, continued the public hearing regarding the proposed adjustments to the Schedule of Fees and Service Charges based on concerns surrounding proposed changes to Planning, Building, and Public Works fees. Staff is requesting that the City Council bifurcate consideration of changes in the entire fee schedule and set a public hearing for September 6, 1994, to consider changes to the following fees: a) Convention Center facility usage; b) Police report copies; and c) Sex offender registration. In response to Council Member Murray, Ms. Downing clarified that the public hearing was continued only to deal with those fees which dealt with Community Development and Planning. This request is to discuss only the fees associated with the Convention Center facility usage and two minor fee changes concerning the Police Department. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to set a public hearing for 7:00 p.m., September 6, 1994, to consider an adjustment to the Schedule of Fees and Service Charges for the Convention Center and Police Departments only. The Vote: Unanimous Ayes PROPOSED INTERCHANGE AT HILLTOP DRIVE OVERCROSSING OF INTERSTATE 5 (S-070-100 & R-030-050-310) Director of Planning and Community Development Perry provided an overview of the Report to City Council dated August 1, 1994, incorporated herein by reference, concerning a letter received from John Sharrah regarding his client's desire to seek Federal Highway Administration (FHWA) approval of an interchange at the Hilltop Drive overcrossing of Interstate 5. Mr. Perry explained that from staff's perspective, the City has spent many years exploring an interchange at this location. Given the written response to the interchange study by the FHWA, the fact that funds have now been raised to widen the Hilltop Drive overcrossing from two lanes to four lanes and the need for an interchange is not driven by the current General Plan, staff believes it is time to pursue the project's development. While it is possible to delay the design of the project, the effect will be to compress work later at the risk of missing a construction season. The goal of the property owners, a retail center, is achievable with substantial traffic mitigation and grading; however, it is not necessarily a better location, except for its adjacency of Interstate 5. Because of this location and the size and nature of the project, there is the potential for a large amount of public input. Mr. Perry explained that if the City Council wants to support the owners' efforts, it should advise the property owners that it will send a letter stating its support of the development of an interchange at this location as being desirable for the City; however, it would not predicate any future land-use decisions of the City Council. If the City Council wants to proceed on this basis, staff would need to delay work on the project study report and the preparation of a request for proposals to select a consultant for the widening of the overcrossing. After November, the Redding Redevelopment Agency needs to proceed with the widening of the overcrossing without incurring additional costs associated with delay or further study. As a further option, the City Council could require a good faith deposit based on the loss of value of the bonds as a product of inflation. For $2,000,000, that could be about $30,000 for a five-month delay, assuming a 3.5 percent inflation rate. This deposit could be refunded if a written approval of an interchange were received by FHWA by December 31, 1994. If not, then the deposit would be forfeited. Mayor R. Anderson questioned whether the City could proceed with the widening of the overcrossing, while permitting Mr. Sharrah's client to pursue the proposed interchange. Mr. Perry replied that there might be a problem with configuring the alignment as it could involve massive road work. In addition, a Negative Declaration could be utilized on the overcrossing widening, whereby an interchange would require an Environmental Impact Report (EIR). In response to Council Member McGeorge, Mr. Perry depicted on the viewgraph the proposed plans for Browning Street. Council Member Murray questioned whether the widening of the overcrossing had been approved. Mr. Perry replied that the Redding Redevelopment Agency (RRA) authorized the sale of the bonds for the project, which is on its Capital Improvement Program, and directed staff to prepare a Request for Proposal (RFP) for the engineering design work. RRA has budgeted funds in the 1994-95 budget to perform the necessary environmental review. John Sharrah, representing Summit Development Corporation, stated that the interchange was always included in the basis of the development fees, therefore, it was assumed that the City would proceed with the interchange. All reports indicate the interchange is desirable and there are benefits associated with the interchange. Mr. Sharrah related that his client has deferred development of his property until the selected alignment and configuration of the Hilltop Interchange were determined. In February 1994, staff at the FHWA recommended that no further study be conducted with regard to the interchange. Mr. Sharrah explained that his client is willing to appeal the FHWA's decision in Washington D.C. at his expense; however, the City's support is required. In response to Mayor R. Anderson, Mr. Sharrah related that he had not studied the terrain, and did not know if he could fast track the project enough to be able to modify the design before construction was completed. Public Works Director Galusha conveyed that the bridge is sloped and staff intends to parallel the existing structure. Council Member P. Anderson questioned when a decision would need to be made regarding the slope of the bridge. Mr. Perry replied that a final decision would be made after the selection of a consultant, which he anticipates in November or December; and the award of said contract should occur around the first part of January. In response to Mayor R. Anderson, Mr. Sharrah stated that if a decision is not received by the end of 1994, it could be assumed that there will be no decision. Mayor R. Anderson questioned whether staff could require that the consultant not begin work on the project until January 1995. Mr. Perry stated that without knowing the configuration of the project, project costs cannot be determined. Currently, it is anticipated that the benefiting party would pay for the interchange. Mr. Sharrah stated that his client approved his letter which was presented in such a manner that the benefiting party would be paying for the interchange. He further requested that any other benefiting party participate in a Reimbursement Agreement. Council Member Murray did not feel there was any degradation of the City's timeline by permitting Mr. Sharrah's client to proceed with the concept of an interchange. Mayor R. Anderson saw no problem with supporting the interchange since it is a desirable improvement from the City's stand point. Mr. Perry stated that if the interchange is pursued, the design would include both the bridge and a street alignment. Funds collected to date include a bridge and its approaches. Mayor R. Anderson suggested that the RFP require the designer to bid the project to include both scenarios. Mr. Perry emphasized that if the interchange is developed, an EIR would be necessary and would take approximately six months to prepare. Council Member P. Anderson recommended endorsing Mr. Sharrah's proposal and requested that the City Council receive progress reports. Mr. Sharrah stated that the consultant anticipates beginning negotiations in Washington D.C. in October. In response to Mayor R. Anderson, Mr. Perry stated that the loss of value of money noted in the Report to City Council involves the construction time lost due to the preparation of an EIR. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to endorse the effort to obtain an interchange, with all expenses to be paid by Mr. Sharrah's client, and direct staff to proceed with the selection of the project designer, but not authorize actual design work to begin until January 1995. The Vote: Unanimous Ayes ENVIRONMENTAL IMPACT REPORT - Tehama County General Plan in Association with "Celebrity City" (L-010-075-575) Director of Planning and Community Development Perry provided an overview of the Report to City Council dated August 1, 1994, incorporated herein by reference. The report discussed the notice received from the Shasta County Regional Transportation Planning Agency of a "subsequent" environmental impact report (EIR) to amend the Tehama County General Plan regarding a 3,278-acre parcel associated with the "Celebrity City." Mr. Perry explained that the two main issues for the City are air quality and traffic on Interstate 5. In both cases, the project would utilize capacity in this area sooner than otherwise could be used by development in Shasta County and its cities. Mr. Perry indicated that perhaps the most positive thing Redding could do is to support the project and offer to assist Tehama County process the project. While this offer could be rejected, Redding does have expertise in conventions, airports, traffic, public works, and planning matters, policing, fire and other urban issues. This would, hopefully, result in a positive and proactive relationship and a mutual recognition of the interaction that occurs in the region, which will grow in the future. At the minimum, the City should either support the project to full mitigation of air quality impacts and planned contributions to the improvement of I-5 over a period of 20 years or request full disclosure of the impacts and the submittal of a development application now. In response to Mayor R. Anderson, Mr. Perry stated that there is probably sufficient information available with respect to air quality and traffic to support a recommendation. There is not sufficient information available, however, with regard to such issues and social and economic impacts and sales tax. Mayor R. Anderson believed that the City should express its concern, along with Shasta County, with regard to the project's impacts. He did not favor taking a position on the project. In response to Council Member P. Anderson, Mr. Perry related that the City's comments on the EIR are required by August 18, 1994, and it appears there will be subsequent EIRs. Council Member Murray stated his main concern is the impact on air quality. He related that the City needs to ensure that the extended impacts of the project are offset to prevent the degradation of the basin's air quality. In response to Council Member Murray, Mr. Perry explained that there is not a Regional Air Quality Board and he did not know the exact role of the State Air Quality Board regarding matters such as this. Council Member Murray opined that at a minimum, the City needs to ensure full mitigation of air quality impacts and the City's concerns need to be registered not only with Tehama County but all applicable State agencies. He believed that governmental agencies within the air basin need to be sensitive to one another. Mayor R. Anderson favored voicing the City's concerns to all the agencies involved without taking a position on the project. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, directing staff to submit comments on the EIR to Tehama County and all State agencies, but not make any other recommendations, and request full disclosure of the impacts and the submittal of a development application. The Vote: Unanimous Ayes APPEAL OF APPROVAL OF USE PERMIT UP-17-94 AND DENIAL OF VARIANCE APPLICATION V-6-94 - By Donald Nelson (7051 Riverside Drive) (L-010-390 & L-010-410) Director of Planning and Community Development Perry related that the City Council, at its meeting of July 19, 1994, directed the preparation of a Negative Declaration for the use permit and variance application and directed staff to return both the use permit and variance to the City Council for consideration after the required 20-day public review. Mr. Perry noted that the City Council recently received a letter from Dr. Nelson addressing the City Council's action of July 19, 1994, to deny his request for the abandonment of Riverside Drive. The City Council's action to deny the abandonment is final as it relates to Abandonment Application A- 5-93, however, Dr. Nelson does have the option of submitting a new application for abandonment. It is the recommendation of staff that the City Council ratify the Negative Declaration and approve the alternative developed during the July 15, 1994, field review as outlined in the Report to City Council dated July 15, 1994, incorporated herein by reference. Dr. Don Nelson provided a viewgraph which depicted the recommendation proposed by staff and his recall of what was to have been recommended. He stated that staff's recommendation was not sufficient for his purposes. He related that the lot was created in 1960 and the County created the problem by requiring a 100-foot radius to prevent a septic system from being placed near the street. He indicated that he used his best judgement when he purchased the property and the purchase was conditioned upon the abandonment of the street. When the septic system was installed, there were no fill requirements or setbacks. He questioned whether the City would drill a well that close to someone's property and deny them the right to install a septic system. He believed the County acted in good faith in approving the system which provided just enough room for a buildable pad. He noted that he had not received a response to his letter addressing the City Council's action to deny his abandonment request. Mayor R. Anderson stated that the City Council would not be taking any action with regard to the abandonment. Dr. Nelson conveyed that he did not withdraw his request, but stated that he could not accept the abandonment with the requirement for public access. He requested that the City Council approve the fill as depicted on his viewgraph which utilized a trend line from the property to the north and curve toward the street and not the river. Mayor R. Anderson stated that the City Council's position is clear regarding the abandonment and the City did not intend to abandon the entire street as requested. He noted that Dr. Nelson had the right to reapply for the abandonment. Dr. Nelson requested a letter which stated that the City did not intend to yield from its position with regard to the abandonment. Mayor R. Anderson indicated he did not intend to change his position and did not recall making a commitment regarding the abandonment. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council make the following findings regarding Variance Application V-4-94: 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; and ratify the Negative Declaration authorized by the City Council on July 19, 1994. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council make the following findings regarding Use Permit Application UP-17-94: 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; and ratify the Negative Declaration authorized by the City Council on July 19, 1994. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, approving Use Permit UP-17-94 and Variance Application V-4-94, as recommended in the Report to City Council dated July 15, 1994. The Vote: Unanimous Ayes Dr. Nelson demanded that his viewgraph be returned, therefore, it is not available as part of the record. OFFER TO ACQUIRE LORENZ HOTEL (C-070-010 & H-150-675-300) Director of Planning and Community Development Perry related that the City Council, at its meeting of August 2, 1994, continued consideration of the offer by the Department of Housing and Urban Development (HUD) to sell the City the Lorenz Hotel. The offer was outlined in the Report to City Council dated August 11, 1994, incorporated herein by reference. Mr. Perry explained that the risks of ownership are related to cash flow and seismic issues. The risks of not owning are restrictions on the use of the remainder of the City's property at some future date, the building being managed in such a manner as to become a blight on the downtown, and that whoever takes title will get the City to put money into the building on other than a loan basis if seniors are at risk. The true benefits of ownership are the future value of the land for today's price of $1.00 and keeping a residential occupancy for seniors. Absent the seismic concern, the building with subsidies and a viable management entity could be a viable housing project. Mr. Perry stated that conversations with HUD indicate that HUD will find an owner, thus it is not essential for the City to take title to preserve this housing resource. Therefore, it is the recommendation of staff that the City decline the offer. Mayor R. Anderson stated that the City's main purpose is to provide low- income housing and not necessarily to speculate in real estate. He noted that HUD is apparently inclined to continue the low-income housing, therefore, because of the downside risks associated with the project, he did not see any reason for the City to become involved. Prior to rejecting the offer, Council Member Murray believed the City should fully understand the implications and opportunities. He suggested that the City submit a counter offer which provides for a release of the housing obligation in the event of a catastrophic event which is not fully covered by insurance or any act of either the state or federal government. Mr. Murray said the City could determine whether it wanted to proceed with the transaction if it were able to obtain the assurance of availability of housing vouchers and had an opportunity to review the specific contract and transfer documents. Council Member Kehoe stated that he did not necessarily want the City to become involved in property management. He concurred, however, with Council Member Murray's recommendation to conduct further negotiations for a specified period of time. Council Member Murray stated that one item of negotiation is who takes title to the property. He wanted to develop a transaction which provided the needed housing opportunity, preserved the City Council's influence over the improvement of the downtown area, and provided the City with the widest range of options. Mayor R. Anderson did not view HUD as being receptive to further negotiations, and, therefore, believed staff's time would be wasted. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, to decline the Department of Housing and Urban Development's offer to the City to acquire the Lorenz Hotel. Voting was as follows: Ayes: Council Members - P. Anderson, McGeorge and R. Anderson Noes: Council Members - Kehoe and Murray Absent: Council Members - None RESOLUTION - Approving Annexation Map No. 1 of Community Facilities District No. 1992-1 RESOLUTION - Intention to Annex Territory, Twin Tower Drive Annexation 90-5, to Community Facilities District No. 1992-1 and Levy a Special Tax and Set Public Hearing (A-170-035-001) Director of Planning and Community Development Perry related that the Local Agency Formation Commission (LAFCO) approved Annexation 90-5, Twin Tower Drive. In accordance with the agreement entered into between the City and the applicants, the next step in the annexation is formation of the Mello- Roos District. Mr. Perry explained that rather than creating a separate Mello-Roos district for each new annexation, it is the recommendation of staff that the annexing territory also annex to Community Facilities District 1992-1 (CFD 1992-1. In order to proceed with Annexation No. 1 to CFD 1992-1, it is the recommendation of staff that the City Council take the following action: 1) Adopt a resolution approving the Boundary Map; 2) Adopt a resolution of Intention to Annex Territory to CFD 1992-1; and 3) Set a public hearing for September 20, 1994, to consider annexing territory to CFD 1992-1. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-240 be adopted, a resolution of the City Council of the City of Redding approving Annexation Map No. 1 of Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California. 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. 94-240 is on file in the office of the City Clerk. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-241 be adopted, a resolution of the City Council of the City of Redding of intention to annex territory to Community Facilities District No. 1992-1, levy a special tax, and set a public hearing for 7:00 p.m., September 20, 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. 94-241 is on file in the office of the City Clerk. COMMUNITY FACILITIES DISTRICT NO. 1992-1 - Adjustment of Special Taxes for Property Tax Year 1994-95 (A-170-035-001) Director of Planning and Community Development Perry provided an overview of the Report to City Council dated August 16, 1994, incorporated herein by reference which represented the annual review of the special tax within Community Facilities District 1992-1 for property tax year 1994-95. It is the recommendation of staff that the City Council not increase the special tax for property tax year 1994-95. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, to not increase the special tax for property tax year 1994-95 for Community Facilities District No. 1992-1. The Vote: Unanimous Ayes DEVELOPMENT OF SCHOOL IN MOUNTAIN LAKES INDUSTRIAL PARK (E-060-630) Director of Planning and Community Development Perry provided an overview of the Report to City Council dated August 1, 1994, incorporated herein by reference, which contained correspondence between the City and the County Office of Education. In summary, the Office of Education plans to place a school in an existing building on Caterpillar Road in the Mountain Lakes Industrial Park. Staff advised the Office of Education of the zoning prohibition and the fact that a school could be detrimental to the use of property in the area for industrial purposes. It is staff's understanding that it is not a vocational school, rather there will be a normal course program. Mr. Perry explained that pursuant to State law, a school district may preempt local zoning by a four-fifths vote of its board. On July 27, 1994, the Shasta County Board of Education chose to proceed with the location of a school in the Industrial Park. Council Member Murray questioned whether the City had control over such matters as building permits, use permits, electrical services, etc. City Attorney Hays replied that the City does not have authority over these matters because of the authority which has been given to schools which void local land use requirements. Once the plans are approved by the State, the issuance of a building permit is basically an administrative act on the part of the City. In response to Council Member P. Anderson, Mr. Hays stated that the State does not necessarily have to approve the school's location. School plans are approved by the State. Council Member Murray expressed concern that the Shasta County Board of Education chose to ignore the City's zoning ordinance, as well as the fact that a school does not belong in an industrial park. He was offended that the members of the Board of Education did not contact members of the City Council prior to taking such an action. Council Member Kehoe viewed the County Board of Education's decision to be at variance to the City Council's goal of forming partnerships with other elected bodies. Given the intense level of safety concerns regarding school facilities, he questioned whether the facility meets earthquake and hazardous materials standards. Council Member Murray opined that the community should be incensed by the fact that the Board of Education is permitting a school to encroach into an industrial district. Council Member P. Anderson added that when the Live Oak School complex was developed, the direction by the County Board of Education was that there was to be no extension. She maintained there is room on the present Live Oak School site for portable facilities. This was an informational item and no action was required. PURCHASE OF OPERATING SYSTEM UPGRADE FOR AS/400 (A-070-090) Director of Information Systems Kelley explained that previously new version and new release updates of software for the AS/400 were provided by IBM at no cost to the City. In the past year, IBM has changed its pricing policy for software and is now charging for new versions of the Operating System and its associated software. The City's purchase price of the upgrade and associated software is 10 percent of the list price. It is the recommendation of staff that the City Council approve the purchase of the operating system upgrade at a cost of $32,890, $2,385 sales tax, for a total of $35,275 to be financed over a four-year period in monthly installments of approximately $850. The Information Systems' 1994-95 budget contains funds for software upgrades which could be utilized for this purpose. Council Member Murray noted that software is a perishable commodity and questioned why the City is proposing to purchase it over a four-year period. In response to Council Member P. Anderson, Mr. Kelley stated that the City would realize an approximate $5,000 savings by purchasing the software outright. Because of the tight budget constraints, staff has tried to spread out the burden of the cost of improvements. Of the $35,000 purchase, approximately $17,000 would be attributable to the General Fund. Mayor R. Anderson favored purchasing the software outright, versus payments. Interim City Manager McMurry stated there is significant benefits to spreading the cost out over time. Purchasing the software outright would require that improvements to the data processing system, which are essential to maintaining the level of staff productivity, be deferred. Before making a policy change, he recommended that staff prepare a report for the City Council's consideration. It was the consensus of the City Council to defer action on the matter until staff prepares a comparison of the cost to purchase the software versus financing. RESOLUTION - Rescinding Resolution #94-151 and Establishing a New Executive Management Pay-for-Performance Salary Plan for Unrepresented Employees, Specifically the Addition of a New Classification Title of Financial Management Specialist (A-050-135 & P-100-320) Director of Finance Downing and Director of Personnel Bristow related that staff is recommending a new classification title of Financial Management Specialist. As a result of Finance Department special projects and resultant work load, the need for long-term financing for the various City department projects, additional bargaining units, and the resulting increased demands of the labor relations work load, it has become necessary to utilize Finance Department personnel more frequently in long-term debt and labor relations issues. The creation of this classification would have a zero net impact on the General Fund as an existing employee within the Finance Department would be reclassified to Financial Management Specialist. The 1994-95 budget provides for the anticipated costs of this status change. It is the recommendation of staff that the City Council adopt the necessary resolution approving the new classification of Financial Management Specialist. Mayor R. Anderson expressed concern with establishing a new position; however, discussions with staff indicate that it actually involves the transfer of the Assistant Finance Director to the proposed position of Financial Management Specialist. Interim City Manager McMurry stated that staff is basically proposing reducing the number of hours of the existing position. For staff to fill the position of Assistant Finance Director, it would require the City Council's approval. Mayor R. Anderson had no problem approving the position if staff is eliminating the position of Assistant Finance Director. Council Member Kehoe questioned whether staff was abolishing the position of Assistant Finance Director. Mr. McMurry explained that the position of Assistant Finance Director would remain vacant, however, the classification would not be abolished. Mayor R. Anderson noted that the 1994-95 budget does not authorize a part- time Financial Management Specialist and recommended that the position of Assistant Finance Director be removed from the budget. Mr. McMurry stated that staff is not requesting an additional position this evening. Under the authority delegated to the City Manager, he intended to make the position of Assistant Finance Director into a part-time Financial Management Specialist. Mayor R. Anderson reiterated that the budget authorizes one individual to be Assistant Finance Director and that is the position he recommended be eliminated. Mr. McMurry assured that he would eliminate that position from the 1994-95 budget. In response to Council Member P. Anderson, Ms. Downing stated that the Assistant Finance Director has requested to go to a part-time status and no longer meets the requirements of the specifications for an Assistant Finance Director and, thereby, required the creation of a new classification. Council Member Kehoe questioned whether the proposed action implied that the City no longer required an Assistant Finance Director. Mr. McMurry replied that staff does not intend to fill the Assistant Finance Director position during this budget year; however, staff may at some time in the future request that the City Council authorize the position of Assistant Finance Director to be filled. Council Member Kehoe questioned why the position of Assistant Finance Director was necessary four months ago when the budget was approved, and is now not needed. Mr. McMurry related that the individual talents of the person are still required; however, personal circumstances require the employee to work a less than full-time schedule. He maintained that the individual is crucial to the City's financing programs, heads up a labor relations collective bargaining team with active on-going negotiations, and handles other key special projects in the Finance Department. The specifications for the Financial Management Specialist retain that individual's talents. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, that Resolution No. 94-242 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 94-151 as of midnight, August 13, 1994, and establishing a new Executive Management Pay- for-Performance Salary Plan for Unrepresented Employees effective August 14, 1994, adding the classification of Financial Management Specialist, and directed staff to eliminate the position of Assistant Finance Director from the 1994-95 budget. 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. 94-242 is on file in the office of the City Clerk. AWARD OF BID - Bid Schedule No. 2875, One 8,000 Pound Forklift for Resource Recovery Division (B-050-100) Director of General Services Masingale related that bid packages were sent to seven vendors for an 8,000-pound forklift for the Resource Recovery Division, however, only two bids were received. The low bid was received from Tenco Tractor Company in the total amount of $31,815.71. The Resource Recovery Division has funds available from the transfer facility financing to purchase this equipment. It is the recommendation of staff that the City Council award Bid Schedule No. 2875 to the low bidder, Tenco Tractor Company, in the amount of $31,815.71. Mayor R. Anderson questioned whether the City's bid specifications are too restrictive due to the lack of bids received. Mr. Masingale stated that staff contacted all the vendors which received bid proposals and found the following reasons for firms not responding: A. G. Industrial Equipment - is not a forklift dealer and forwarded the package to Hyster; B & T Industrial Trucks - deals in used equipment only; Becker Forklift Parts & Equipment - appears as the Clark Lift bid; Hyster Sales Company - is not prepared to respond because of a company name change; Northwest Lift Service - deals in rental equipment only; Tenco Tractor - submitted bid; and Weaver Equipment - does not sell forklifts with 8,000 lb. lifting capacity. Mr. Masingale explained that General Services staff worked very closely with the Purchasing Department and believes the bids are responsive. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Bid Schedule No. 2875, one 8,000 pound forklift for Resource Recovery Division, be awarded to the low bidder, Tenco Tractor Company, in the total amount of $31,815.71. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 2876, One Skid-Steer Loader with Long Wheel Base for Resource Recovery Division (B-050-100 & S-020-550) Director of General Services Masingale related that bid packages were sent to ten vendors for a skid-steer loader with long-wheel base for the Resource Recovery Division, however, only two bids were received. The low bid was received from George's Equipment Company in the total amount of $26,498.26. The Resource Recovery Division has funds available from the transfer facility financing to purchase this equipment. It is the recommendation of staff that the City Council award Bid Schedule No. 2876 to the low bidder, George's Equipment Company, in the amount of $26,498.26. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Bid Schedule No. 2876, one skid-steer loader with long-wheel base for Resource Recovery Division, be awarded to the low bidder, George's Equipment Company, in the amount of $26,498.26. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 2877, Two Rubber Tire-Loaders for Transfer Station and Resource Recovery Divisions (B-050-100 & S-020-550 & S-020-650) Director of General Services Masingale related that bid packages were sent to nine vendors for two rubber-tire loaders for the Transfer Station and Resource Recovery Divisions. The apparent low bid was received from Peterson Tractor, however, the bid did not comply with the bid specification requirements for foam-filled tires or solid rubber tires. Weaver Equipment Company submitted the second low bid for a loader with foam-filled rubber tires in the total amount of $300,250.32. Weaver Equipment Company's bid noted a deviation to the City specifications, whereby the City specified a planetary transmission and Weaver bid a countershaft transmission. Staff believes this to be an acceptable deviation which will not affect the overall capability of the equipment to perform the function for which it is to be acquired. The Resource Recovery Division has funds available from the transfer facility financing to purchase this equipment. Mr. Masingale explained that the bid specifications were based on a Caterpillar 950F Type 2 loader or its equivalent, which eliminates a substantial amount of work in developing generic bid specifications. The individual vendor is then required to note any deviations from the specifications. It is the recommendation of staff that the City Council award the bid to Weaver Equipment Company in the amount of $300,250.32. Mr. Masingale noted that Royce Stevens, representing Peterson Tractor, would like to address the City Council regarding this matter. Based upon Mr. Masingale's presentation, Mr. Stevens declined to speak. In response to Council Member Murray, City Attorney Hays explained that, under State law, the City cannot specify a particular piece of equipment. Whether formally stated in the bid, it is implied that an equivalent is acceptable to be bid on a public contract. Given the parameters of use, staff is suggesting to the City Council that the transmission in the John Deere equipment is acceptable. With regard to the tire, a non-foam filled tire is not equivalent given the considerably higher incidence of tire damage. Council Member Murray expressed concern with preserving the integrity of the City's bidding process. Interim City Manager McMurry interjected that staff puts a considerable amount of time and effort into maintaining the integrity of its bidding process. Council Member P. Anderson questioned whether the unsuccessful bidders are notified as to why their bid was not accepted. Purchasing Officer Roberts stated that the bidders are usually in constant contact with the City and are aware that the bid is usually awarded to the low bidder. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to award Bid Schedule No. 2877, two rubber tire-loaders for Transfer Station and Resource Recovery Divisions, to Weaver Equipment Company in the total amount of $300,250.32. The Vote: Unanimous Ayes SET PUBLIC HEARING - re Application for Ambulance Owners License from Shasta View Ambulance, Inc. (T-100-030) Council Member P. Anderson and Mayor R. Anderson abstained from discussion and voting on this matter. City Clerk Strohmayer related that a new application for an Ambulance Owners' License was received from Shasta View Ambulance, Inc. It is the recommendation of staff that the City Council set a public hearing for 7:00 p.m., September 20, 1994, to determine public convenience and necessity for the operation of an ambulance company. Vice Mayor Kehoe suggested that the City Council request staff to prepare definitions and measurements for the term public convenience and necessity. Because the City of Redding has access to a considerable amount of data, he requested a comprehensive staff report on how public convenience and necessity is being served or not being served. Interim City Manager McMurry related that the Police Department has prepared a report regarding the ambulance situation, dispatching, etc. City Attorney Hays explained that the definition of public convenience and necessity would be similar to that definition verbally received at the City Council meeting on August 2, 1994. In response to Council Member Murray, Mr. Hays stated that the applicant was specifically informed of the requirement to demonstrate a need for the proposed service. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to set a public hearing for 7:00 p.m., September 20, 1994, to consider the Application for an Ambulance Owners License from Shasta View Ambulance, Inc. Voting was as follows: Ayes: Council Members - McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - P. Anderson and R. Anderson SECOND QUARTER TRANSACTION LISTING (B-050-100) Director of Finance Downing presented the City Council with the Second Quarter 1994 Transaction Report listing transactions between $5,000 and $25,000 approved by the City Manager. Council Member Kehoe questioned why the City Council was being requested to approve the transaction listing when the authority had been delegated to the City Manager. Ms. Downing replied that, in the future, the City Council will only be requested to accept the report. In response to Council Member Kehoe, Ms. Downing explained that the City of Redding acted as Treasurer for the golf tournament held by the City of Redding and the Record Searchlight. Purchase Order No. 47621 represents reimbursement of those monies to Gold Hills. Additionally, Purchase Order No. 47481 is the same item referred to in Item 9-15(d) on tonight's agenda. The report is compiled by the date of the purchase order and not necessarily when the work was performed. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to accept the Second Quarter Transaction Listing of Acquisitions between $5,000 and $25,000 approved by the City Manager. The Vote: Unanimous Ayes RENTAL OF MILLING MACHINE - Authorize Payment to Bobbie Mack Grinding Company, Inc. (B-050-100) Director of Public Works Galusha related that the Public Works Street Division rented an asphalt pavement grinder in July for two weeks at $10,000 per week. During the program, staff determined that it would be beneficial to rent the grinder for an additional week. The additional week allowed the Street Department to do "dig outs" and preparation work required for the current pavement overlay program. Using the grinder instead of the normal backhoe method allowed more work to be accomplished in a shorter period. The additional week of rental caused the total invoice price to exceed the $25,000 City Manager approval limit. The City Council's approval is now required for the total invoice price of $30,320. Adequate funds are available in the Street Department's operating materials and supplies budget. It is the recommendation of staff that the City Council authorize payment to Bobbie Mack Grinding Co., Inc. for $30,320. Council Member Kehoe questioned how the matter was brought to Mr. Galusha's attention and what remedial action, if any, he was planning to take. Mr. Galusha stated that he was first made aware of the situation when Public Works Operations Manager Russell informed him that the foreman had inadvertently exceeded the $25,000 purchase order limitation. The contractor had indicated that he had additional time available and the foreman inadvertently authorized additional work without obtaining authorization. Mr. Galusha stated that in this instance, he was comfortable with the decision as it represented a very cost effective method of having the work completed. He assured the City Council that the error would not occur again and noted that the City Council might want to consider a policy which is more flexible and covers issues such as this. He related that this was a decision that was required to be made on a Thursday afternoon and there was not time to bring it before the City Council for consideration. Council Member Kehoe questioned what would occur if the City Council declined to approve the expenditure. Interim City Manager McMurry suspected that Mr. Mack would probably take legal action against the City to recovery the money. Council Member Kehoe questioned whether City employees are empowered to function under the limitation of expressed authority or implied authority. Mr. McMurry replied that the answer was clear prior to the City moving forward with the Empowerment Policy, however, employees are required to abide by rules which are formulated by the City Council, the City Manager and Departments. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, authorizing payment to Bobbie Mack Grinding Co., Inc. in the amount of $30,320 for the rental fees of an asphalt pavement grinder. The Vote: Unanimous Ayes RESOLUTION - Public Convenience and Necessity Requiring the Acquisition of a Portion of Real Property Owned by Frank L. Little and Doris L. Little, Assessor's Parcel Number 071-270-07, for Road Purposes (Extension of Browning Street) (S-070-100) City Attorney Hays stated that the Report to City Council dated July 29, 1994, incorporated herein by reference, explains that the purpose of the meeting and the hearing is to determine if public interest and necessity require the extension of Browning Street; the project is planned or located in a manner that would be most compatible with the general public good and the least private injury; and the property sought to be acquired is necessary for the project. He indicated that Director of Planning and Community Development Perry would discuss the planning issues associated with the project and Traffic Engineer-Planner Will would discuss the traffic circulation issues. Subsequent to the presentations, he requested that the City Council adopt the Resolution of Public Convenience and Necessary so that orderly acquisition of right-of-way can continue, thereby keeping the project on schedule. Director of Planning and Community Development Perry provided a viewgraph depicting the proposed extension of Browning Street. He explained that the issue originally came up in 1975 when the City was reviewing circulation. The initial proposal was a Figure 8 pattern route in the Mt. Shasta Mall area. It was determined that this route was not feasible due to topographic requirements. Subsequently, an Environmental Impact Report (EIR) resulted in the relocation of Browning and also the relocation of the Churn Creek overpassing. The relocation of the Churn Creek overpass also involved a change in the Quail Ridge Subdivision whereby Victor Avenue was not to be extended. It was felt the extension of Victor would take people too far north. The current Browning Street alignment was selected as it would pick up people coming off of Hilltop Drive and people coming east on Old Alturas Road would be able to access Hilltop Drive without utilizing the Dana Drive area. The supplement to EIR-3-79 which was completed for the Costco project further elaborated on this. This was followed by an EIR for the Canby- Hilltop-Cypress Redevelopment Project which resulted in the current proposed alignment of Browning. He depicted on the viewgraph right-of-way which had previously been dedicated in exchange for a General Plan Amendment that classified property as "Retail." Subsequent to that, a use permit was issued for a shopping center, with the first phase of that project being the Home Base property. As a condition of approval of the shopping center, the developer was required to extend Browning Street down to Old Alturas Road to provide local street circulation in and around the shopping center. Traffic Engineer-Planner Will added that the roadway alignment is consistent with the City's General Plan and Circulation Element. It will ultimately be a four-lane facility with traffic projections indicating that it would carry between 7,000 and 10,000 cars per day when the area is built out. It also has the potential for relieving some of the capacity problems of Dana Drive and Churn Creek Road. In response to Council Member P. Anderson, Mr. Perry highlighted on a viewgraph the property in question and right-of-way which has been acquired to date. In response to Council Member P. Anderson, Mr. Hays stated that staff has followed the necessary procedures, the necessary offers have been made, and the property owners have not accepted the offer. The property owners were advised of the meeting this evening and the fact that it provides them the opportunity to address the City Council with regard to the proposed road right-of-way. Mayor R. Anderson determined that neither the property owner nor a designated representative was present to address the City Council on the matter. In response to Council Member Kehoe, Mr. Perry stated that, in his opinion, the following determinations have been met: public interest and necessity require the project; the project is planned or located in a manner that would be most compatible with the general public good and the least private injury; and the property sought to be acquired is necessary for the project. MOTION: Made by Council Member McGeorge, seconded by Council Member Murray, that Resolution No. 94-243 be adopted, a resolution of the City Council of the City of Redding finding that public convenience and necessity require the acquisition for road purposes a portion of real property owned by Frank L. Little and Doris L. Little, commonly referred to as Assessor's Parcel Number 071-270-07. 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. 94-243 is on file in the office of the City Clerk. ORDINANCE - Amending Title 2 of the Redding Municipal Code by Adding Chapter 2.42, Terms of Boards and Commissions ORDINANCE - Amending Various Sections of the Redding Municipal Code Title 2 Pertaining to the Airports Commission (B-080 & B-080-010) City Attorney Hays related that the City Council, at its meeting of August 2, 1994, requested that staff prepare the necessary ordinance to alter the makeup and meeting schedule of the Airports Commission. In addition, the City Council directed that an ordinance be prepared which applied a sunset provision of October 1, 1997, to all commissions except for the Board of Appeals, the Board of Administrative Review, and the Planning Commission. Council Member Kehoe offered Ordinance No. 2095 for first reading, an ordinance of the City Council of the City of Redding amending Title 2, Administration and Personnel, of the Redding Municipal Code by adding Chapter 2.42, Terms of Boards and Commissions (sunset provisions). Council Member Kehoe offered Ordinance No. 2096 for first reading, an ordinance of the City Council of the City of Redding amending various sections of Redding Municipal Code Title 2, Administration and Personnel, pertaining to the Airports Commission. ROUTINE REPORTS IRS Compliance Filing of PG&E, Docket No. ER92-595-003 10-3 FERC - Order Granting Rehearing for Purpose of Further Consideration, PG&E, Docket No. ER92-595-004, PG&E, Docket No. ER92-596- 003, and Southern California Edison Company, PG&E, and San Diego Gas & Electric Company, Docket No. ER92-626-004 10-4 FERC - Protest and Comments of the Northern California Power Agency on the COA Compliance Filing, PG&E, Docket No. ER92-595, PG&E, Docket No. ER92-596, Southern California Edison Company, PG&E, San Diego Gas & Electric Company, Docket No. ER92-626-005 10-5 FERC - Errata of the Northern California Power Agency, PG&E, Docket No. ER94-1438 (E-120-050) ADJOURNMENT There being no further business, at the hour of 11:15 p.m., Mayor R. Anderson declared the meeting adjourned to 12:00 noon, August 30, 1994, in City Hall Conference Room A, 760 Parkview Avenue, Redding, California, for a closed session pursuant to California Government Code Section 54957 to review candidates for the position of City Manager with Robert Murray of David M. Griffith & Associates. APPROVED: Mayor ATTEST: City Clerk