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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-09-20 - Special City Council, Special Meeting City Council Chambers 1313 California Street Redding, California September 20, 1994 6:15 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, Assistant City Attorney Calkins, Personnel Director Bristow, City Clerk Strohmayer, and Special Counsel Dugan Barr. CLOSED SESSION - Anticipated Litigation (L-100 & E-120-150) Mayor R. Anderson stated that pursuant to California Government Code Section 54956.9(b)(1), the City Council would adjourn to closed session to discuss significant exposure to litigation involving two cases (City of Redding-MLP Energy and Zurn/NEPCO-City of Redding). At the hour of 6:15 p.m., Mayor R. Anderson adjourned the meeting to closed session. At the hour of 7:18 p.m., Mayor R. Anderson reconvened the meeting to regular session. Special Counsel Dugan Barr related that the City has had extensive mediation with both Zurn/NEPCO and MLP in an attempt to resolve the approximately $17,000,00 in claims which MLP has made against the City and the $4,700,00 Stop Notice the City received from Zurn/NEPCO. Mr. Barr stated that the City received the signed Settlement Agreement and Release from Zurn/NEPCO today. Mr. Barr recommended that the City Council adopt the Settlement Agreement and Release based on the following facts: 1) Zurn/NEPCO was the contractor building the project pursuant to the Development Agreement between the City and MLP; 2) Zurn/NEPCO's claim is for work performed on the project for which it was not paid while the agreement was still in effect; 3) Because of the lack of a Payment Bond by MLP, a potential liability of the City directly to Zurn/NEPCO was created; 4) The agreement provides a payment to Zurn/NEPCO in the amount of $3,206,000 and resolves the $4,700,000 claim which has been accruing interest since the early part of the year; 5) The $3,206,000 payment represents the amount retained from the contract which the City had with MLP; 6) In return for the $3,206,000 payment, the City will receive a full and complete release of any obligation it had to Zurn/NEPCO under the $4,700,000 Stop Notice; 7) The City will receive a release of the Stop Notice; 8) The City will receive an assignment of all of Zurn/NEPCO's rights for payment of its $4,700,00 claim, plus interest, against MLP; 9) The City will be paying a firm for work from which the City has received value; and 10) Zurn/NEPCO will provide the City with releases or indemnification for all claims of subcontractors through August 11, 1994. Mr. Barr emphasized that the Settlement Agreement and Release provides the City with a counter claim of approximately $5,000,000 against MLP in the event that the City cannot resolve the litigation with MLP. It creates a situation whereby MLP would have to recover more than the amount of the counter claim back against the City before any money would be owed to MLP by the City. Based on his investigations, he opined that threshold would never be reached. Mr. Barr stated that approval of the Settlement Agreement and Release is in the best interest of both the City and the ratepayers of the City's Electrical Department and recommended its acceptance. Council Member Kehoe questioned what affect the proposed Settlement Agreement and Release would have on the existing rate structure and projected rate structure. Interim City Manager McMurry stated that the monies are part of the financing which was done for the facilities and the debt service is included in the current rate base. The Settlement Agreement and Release would have no impact in terms of future rate increases. Mayor R. Anderson asked if the Settlement Agreement and Release would eliminate any claims that Zurn/NEPCO may have against the City for any cause other than the recently signed contract to complete the facility. Mr. Barr indicated that the Settlement Agreement and Release eliminates any claims that Zurn/NEPCO may have against the City. He noted that it also eliminates the substantial exposure the City would have with regard to legal costs. In response to Mayor R. Anderson, Mr. Barr stated that mediation would continue with MLP. If mediation is not successful, the City would, however, have a $5,000,000 safety net. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, authorizing the Mayor to sign the Settlement Agreement and Release with Zurn/NEPCO, in the amount of $3,206,000, at 5:00 p.m., September 21, 1994, without further authorization from the City Council, thereby providing the City Council time to review the technical language contained therein. The Vote: Unanimous Ayes At the hour of 7:27 p.m., Mayor R. Anderson declared the meeting recessed. At the hour of 8:45 p.m., Mayor R. Anderson reconvened the meeting to regular session. CLOSED SESSION - re Labor Negotiations (P-100-050-050 & P-100-050-120) Mayor R. Anderson stated that pursuant to California Government Code Section 54957.6(a), the City Council would adjourn to closed session to discuss the following: a) Labor negotiations with the Peace Officers Association of Redding- Miscellaneous Employees; and b) Labor negotiations with the International Association of Fire Fighters, AFL-CIO, Firefighters Unit At the hour of 8:45 p.m., Mayor R. Anderson adjourned the meeting to closed session. At the hour of 9:30 p.m., Mayor R. Anderson reconvened the meeting to regular session. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-289 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding entered into between the City of Redding and the Peace Officers Association of Redding, Miscellaneous Employees, effective September 11, 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. 94-289 is on file in the office of the City Clerk. CLOSED SESSION - Candidates for Position of City Manager (A-050-080) Mayor R. Anderson stated that pursuant to California Government Code Section 54957, the City Council would adjourn to closed session to discuss candidates for the position of City Manager. At the hour of 9:30 p.m., Mayor R. Anderson adjourned the meeting to closed session. At the hour of 10:00 p.m., Mayor R. Anderson reconvened the meeting to regular session. No action was taken. ADJOURNMENT There being no further business, at the hour of 10:00 p.m., Mayor Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk City Council, Regular Meeting City Council Chambers Redding, California September 20, 1994 7:27 p.m. The Pledge of Allegiance to the flag was led by Assistant City Attorney Calkins. The Invocation was offered by Father Les Westling, All Saints Episcopal 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, Director of Public Works Galusha, Director of Planning and Community Development Perry, Police Chief Blankenship, Fire Chief Bailey, Assistant City Attorney Calkins, Director of Community Services Gorman, Director of Finance Downing, Principal Planner Keaney, Director of Information Systems Kelley, Director of Personnel Bristow, Senior Planner King, Associate Planner Morgon, Associate Planner DeMallie, Transportation Coordinator Duryee, Budget Services Officer Starman, Housing Supervisor Garrity, 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. 5, check numbers 211000 through 211534 inclusive, in the amount of $4,529,220.70, be approved and paid, Payroll Register No. 6, check numbers 385134 through 385928 inclusive, in the amount of $929,205.12, and Automatic Payroll Deposits, check numbers 21069 through 21267, in the amount of $300,891.32, for a total of $1,230,096.44, for the period August 28, 1994, through September 10, 1994, be approved. TOTAL: $5,759,317.14 1994-95 Shasta County Air Quality Grant Pre-Application (G-100 & E-020-010) It is the recommendation of staff that the City Council authorize staff to submit a pre-application for the 1994-95 Shasta County Air Quality Grant in the amount of $39,200 for the purpose of purchasing computer equipment, software and pay set-up and the first-year costs associated with the establishment of an interactive computer-based telecommunications center that would allow users to retrieve information and interact with the City via computers and modems. 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 August 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. Survey of Properties - Annexation 94-1, Oasis Road (A-150-250) It is the recommendation of the Director of Planning and Community Development that the City Council authorize staff to survey registered voters in the area depicted on the location map in the Report to City Council dated September 20, 1994, incorporated herein by reference. It is further recommended that the City Council direct staff to prepare a letter to the Local Agency Formation Commission (LAFCO) regarding possible amendments to LAFCO's annexation policies concerning boundary configuration. Resolution - Appropriating Funds for Rental Rehabilitation Program * (B-130-070 & G-100-145) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-275 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 17th amendment to City Budget Resolution No. 94-199 (1) appropriating $10,390 from the Housing Rehabilitation Program; and (2) authorizing the receipt of $8,890 in revenue. Tentative Subdivision Map S-3-94 - Country Heights, Unit 14, by Paul Edgren (Ridge between Blue Gravel Canyon on the north and Canyon Creek on the south) (S-101-108) The City Council accepted the report containing the maps and conditions of approval for Tentative Subdivision Map S-3-94 approved by the Planning Commission granting permission to subdivide 21 acres into 40 single-family residential lots located on a ridge between Blue Gravel Canyon on the north and Canyon Creek on the south. Tentative Subdivision Map S-11-93 - Redding Housing Authority (South of Oasis Road between Beltline Road and Buckeye Creek) (S-101-001) The City Council accepted the report containing the maps and conditions of approval for Tentative Subdivision Map S-11-93 approved by the Planning Commission granting permission to subdivide 21.9 acres into 21 multiple- family residential lots and open space on property located adjacent to and south of Oasis Road between Beltline Road and Buckeye Creek. Set Public Hearing - re Rezoning Application RZ-4-93, Oasis Road Area, by Redding Housing Authority (4455 Oasis Road) (L-010-230) It is the recommendation of the Director of Planning and Community Development that a public hearing be set for 7:00 p.m., October 18, 1994, to consider the request to rezone property from "CO-B20-F-FP" Office District with Site Plan Review Combining District and Floodplain Combining District and "U-F-FP" Unclassified District with Site Plan Review Combining District and Floodplain Combining District to "RM-18-F" Multiple-Family Residential District with Site Plan Review Combining District and "U-F-FP" Unclassified District with Site Plan Review Combining District and Floodplain Combining District. Resolution Setting Public Hearing - re Abandonment Application A-6-93, by Redding Housing Authority (4455 Oasis Road) (A-010-040) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-276 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon that portion of the Oasis Road Right-of-Way, declared surplus, shown on the map and described in Exhibit A, and lying adjacent to property located at 4455 Oasis Road (A-6-93) and setting a public hearing for 7:00 p.m., October 18, 1994. Resolution - Agreement with Shasta County for Asphalt Concrete Paving at West Central Landfill (E-120-150 & S-020-900) It is the recommendation of the Electric Utility Director that Resolution No. 94-277 be adopted, a resolution of the City Council of the City of Redding approving entering into an agreement with the County of Shasta for the purpose of paving 1,000 feet of road at the West Central Landfill; and authorizing the Mayor to sign the same. Funds for this item will be charged to Job Order 9703-19. Resolution - Appropriating Funds to Replace Air Conditioning Unit at Redding Museum of Art & History (B-030-070 & C-050-450) It is the recommendation of the Director of General Services that Resolution No. 94-278 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 15th amendment to City Budget Resolution No. 94-199 (1) appropriating $7,890 for the replacement of an air conditioning compressor at the Redding Museum of Art & History; and (2) authorizing the transfer of $7,890 from the General Fund to the Building Maintenance and Construction Fund. Notice of Completion - Bid Schedule No. 2864, Removal of Sludge from Pond Nos. 3B & 9 at Clear Creek Wastewater Treatment Facility (B-050-020 & W-010-450) It is the recommendation of the Director of Public Works that Bid Schedule No. 2864 (Job No. 9684), removal of sludge from Pond Nos. 3B and 9 at Clear Creek Wastewater Treatment Facility, awarded to McCollum Engineering, be accepted as satisfactorily completed, and the City Clerk authorized to file a Notice of Completion. The final contract price is $31,215.35. Resolution - Appropriating Funds for the Cost of City Services for the Construction of a Portion of Buenaventura Boulevard * (B-130-070 & S-070-100-065) It is the recommendation of the Director of Public Works that Resolution No. 94-279 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 16th amendment to City Budget Resolution No. 94- 199 appropriating $30,000 for City services associated with the construction of a portion of Buenaventura Boulevard. Resolution - re Right-of-Way Services Agreement with the State of California for Right-of-Way Acquisition for South Bonnyview/Interstate 5 Interchange Improvements (S-070-100-707) It is the recommendation of the Director of Public Works that Resolution No. 94-280 be adopted, a resolution of the City Council of the City of Redding approving entering into the Right-of-Way Services Agreement between the City of Redding, the Redding Redevelopment Agency, and the State of California acting by and through its Business, Transportation, and Housing Authority, Department of Transportation, District 2, Redding, for right-of-way acquisition for the South Bonnyview/Interstate 5 Interchange Improvements. Project Identification: 02-SHA-5-R11.7, 412.7, E.A. 287512. This agreement is to supersede the prior agreement dated August 16, 1993, between the State and the Redding Redevelopment Agency. Resolution - Approving Parade Route for Redding Trade Club's Christmas Parade and Authorizing City Co-Sponsorship (P-010-050 & P-030-250) It is the recommendation of the Director of Public Works that Resolution No. 94-281 be adopted, a resolution of the City Council of the City of Redding pertaining to the Redding Trade Club Christmas Parade to be held December 3, 1994, specifically prohibiting parking and vehicular traffic along Parade Route 2 and authorizing the City's co-sponsorship of said parade. Increase in Contingency Fund - Bid Schedule No. 2807, Transfer Station/Corporation Yard Offsite Streets and Utilities (B-050-020 & C-050-100-040 & S-020-650) It is the recommendation of the Director of Public Works that the City Council authorize the addition of $37,000 to the contingency fund of Bid Schedule No. 2807, Transfer Station/Corporation Yard Offsite Streets and Utilities. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution Nos. 94-275, 94-276, 94-277, 94-278, 94-279, 94-280 and 94-281 are on file in the office of the City Clerk. - - - - - - - - WILSHIRE DRIVE AREA WATERLINE ASSESSMENT DISTRICT NO. 1994-1 (A-170-150) Director of Public Works Galusha recalled that the City Council authorized staff to initiate an assessment district for water service for residents of Rother Subdivision along Wilshire Drive, Henderson Road, Inez Street, and Brent Street. There is no fire protection within this area and some property owners are experiencing problems with contamination of private wells. The estimated cost for the construction and formation of the assessment district is $193,700, to be raised by the sale of municipal bonds, and repaid with annual assessments levied against each property owners' tax bill. Based on petitions signed by 68 percent of the property owners of the land area within the proposed district boundary, it is recommended that the City Council adopt the following resolutions: 1) resolution accepting petitions; 2) resolution approving boundary map; 3) resolution approving agreement for legal services; and 4) resolution of intention. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Resolution No. 94-282 be adopted, a resolution of the City Council of the City of Redding accepting the petition in Wilshire Drive Area Waterline Assessment District No. 1994-1. 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. 94-282 is on file in the office of the City Clerk. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Resolution No. 94-283 be adopted, a resolution of the City Council of the City of Redding approving the boundary map in Wilshire Drive Area Waterline Assessment District No. 1994-1. 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. 94-283 is on file in the office of the City Clerk. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Resolution No. 94-284 be adopted, a resolution of the City Council of the City of Redding approving the agreement for legal services with Orrick, Herrington & Sutcliffe as special bond counsel in Wilshire Drive Area Waterline Assessment District No. 1994-1. 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. 94-284 is on file in the office of the City Clerk. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Resolution No. 94-285 be adopted, a resolution of the City Council of the City of Redding of intention to order improvement in Wilshire Drive Area Waterline Assessment District No. 1994-1. 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. 94-285 is on file in the office of the City Clerk. PUBLIC HEARING - re Annexation No. 1 to Community Facilities District 1992-1 (Annexation 90-5, Twin Tower Drive) (A-170-035-001 & A-150-227) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Annexation No. 1 to Community Facilities District 1992-1. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated September 20, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry recalled that the City Council, at its meeting of August 16, 1994, approved the boundary map and adopted the Resolution of Intention to annex territory to existing Community Facilities District No. 1992-1 (CFD 1992-1) for Annexation 90-5, Twin Tower Drive. The action before the City Council is to conduct a public hearing and election to consider annexing the properties within Annexation 90-5 to CFD 1992-1. Mr. Perry explained that the determining vote in the election to form the district is by land owners with each owner having one vote for each acre of portion thereof. A two-thirds positive vote is necessary for approval. In this case, each of the property owners involved has signed in favor of annexing to CFD 1992-1. Mayor R. Anderson determined that there were no individuals present wishing to speak on the matter and closed the public hearing. Staff submitted the following documents for the City Council's consideration: Certificate of Director of Planning Appointment of Representative to Act for Property Owner Certificate of City Clerk regarding Waiver and Consent Resolution of Annexation of Territory to Community Facilities District and to Levy a Special Tax MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-286 be adopted, a resolution of the City Council of the City of Redding of annexation of territory (Annexation 90-5, Twin Tower Drive) to Community Facilities District No. 1992-1 and to levy a special tax in 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. 94-286 is on file in the office of the City Clerk. Resolution Calling Special Mailed-Ballot Election MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-287 be adopted, a resolution of the City Council of the City of Redding calling Special Mailed-Ballot Election in 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. 94-287 is on file in the office of the City Clerk. City Clerk's Certificate of Service of Ballot Waiver and Consent Shortening Time Periods and Waiving Requirements for Conducting Mailed-Ballot Election City Clerk's Certificate of Election Results Resolution Declaring Election Results MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-288 be adopted, a resolution of the City Council of the City of Redding declaring election results in Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California as follows: Total votes cast "Yes" equaled 125 and total votes cast "No" equaled zero. The votes cast "Yes" equaled 100% of the total votes cast. 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. 94-288 is on file in the office of the City Clerk. PUBLIC HEARING - re Amendment to Chapter 18.49, Home Occupations (L-010-500 & L-010-130) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the Amendment to Chapter 18.49, Home Occupations. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated September 14, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry provided an overview of the Report to City Council dated September 14, 1994, incorporated herein by reference, which detailed staff recommendations to the Planning Commission and the alternative chosen by the Planning Commission with regard to the Home Occupation Ordinance. Mr. Perry explained that the proposed system should accomplish the following, while still maintaining the City's responsibility to effectively and efficiently control business activity in residential neighborhoods: 1) Frees up one-quarter of a Planner; 2) Eliminates the $22,000 subsidy of the current system; 3) Allows a reduction in fees to Group 1 applicants by avoiding the notice to neighbors; and 4) Improves service to Group 1 applicants by providing for same-day permits, eliminating the five to seven- day processing time and a seven-day appeal period. Mr. Perry indicated that Group 1 includes those businesses which are the equivalent of a typewriter, phone and a FAX machine in their residence. There are no signs on the property and no customers coming to the property. These permits would be issued on the same day over the counter. Group 2 includes those businesses which have the potential to know that a business is located in the residence, i.e., piano teacher, arts and crafts, contractors without equipment yards, etc. Group 2 permits would be processed under the existing system, however, the notification radius would be reduced to 100 feet. Mr. Perry stated that the current system for regulation of home occupations has worked well in protecting the peace and quiet in residential areas from obvious and intrusive commercial activities. However, the system costs the City a subsidy of approximately $22,000 in comparing fees to costs for this one application. At a time when demand for public services in increasing and staffing is decreasing, it is imperative to consider a less expensive system for regulation of home occupations. The Planning Commission and staff believe that the proposed system is a step in that direction. The system should equitably regulate home occupations while protecting the rights of the surrounding residents. It is the recommendation of staff that the City Council ratify the Negative Declaration and offer the necessary 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. Council Member Murray recommended that Group 1 be deleted to permit those businesses listed to operate without a permit or interference by the City and limit the Home Occupation process to Group 2 businesses. Council Member Kehoe questioned whether staff could develop a comprehensive definition in addition to the examples cited under Group 1 Home Occupations. Mr. Perry replied that a more elaborate definition could be provided. Council Member Kehoe was concerned about the reduction of the mailing notification from 300 feet to 100 feet. He also asked when the City Council became involved in an appeal of a Group 2 Home Occupation under the proposed structure. Mr. Perry explained that the Administrative Section of the Redding Municipal Code provides the formal mechanism to bring an appeal before the City Council. Ultimately, any decision could be appealed to the City Council. Council Member P. Anderson questioned if there was any relationship between obtaining a Home Occupation Permit and a Business License. Mr. Perry stated that the business license is a tax. In order to obtain a business license, there must be a (physical location) place of business and the Home Occupation Permit allows the use of residences for that purpose. The cost of the Home Occupation Permit covers the cost of processing and having an individual at the counter. Council Member Murray favored requiring vehicles which are identified with the Home Occupation Permit to be parked in the garage or behind a fence. He noted that the Home Occupation process should not be granting something which might not be allowed in an area's Covenants, Codes and Restrictions (CC&R). Mr. Perry explained that the commercial vehicles are limited to one ton. A number of people which do not have Home Occupation Permits have cars which they bring home and there is no restriction on this, therefore, staff did not see a reason for making a particular distinction. Council Member Murray recommended that Section 18.49.010(13) prohibit all advertising on site. Mr. Perry indicated that the elimination of Group 1 places the City in an enforcement position. The City is currently trying to avoid reactive reinforcement. The nominal cost associated with the Home Occupation Permit represents a good preventive practice and makes the City's regulations known to businesses operating out of residences. The real enforcement is through the business license tax which requires an individual to obtain a Home Occupation Permit. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to refer the Amendment to Chapter 18.49 of the Redding Municipal Code, Home Occupations, to the Planning Commission to consider the deletion of Group 1 and changes to Section 18.49.010(13) prohibiting all advertising on site, including vehicles, and developing a definition of home occupations which includes a comprehensive list of businesses. The Vote: Unanimous Ayes PUBLIC HEARING - re 1993 Community Development Block Grant Grantee Performance Report (G-100-030-038) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the 1993 Community Development Block Grant Grantee Performance Report. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated September 20, 1994 City Clerk Strohmayer advised that no protests were received. Housing Supervisor Garrity provided an overview of the Report to City Council dated September 20, 1994, incorporated herein by reference, outlining the programs undertaken utilizing the $926,780 in Community Development Block Grant Funds which were committed to activities which benefitted low- and moderate-income persons within the community, including projects carried over from the previous year's program. It is the recommendation of staff that the City Council accept the 1993 Community Development Block Grant Grantee Performance Report. Mayor R. Anderson determined that there were no individuals present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to accept the 1993 Community Development Block Grant Grantee Performance Report. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Amendment to Schedule of Fees and Service Charges (F-205-600) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the continued public hearing regarding the Amendment to the Schedule of Fees and Service Charges. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Planning Department recommendation dated September 14, 1994 Director of Planning and Community Development Perry related that the City Council, at its meeting of August 2, 1994, continued consideration of the Planning and Public Works permit fees and directed that these fees be considered along with the traffic impact fees and other development fees. Subsequent to that, the Traffic Impact Fee Task Force had undertaken a study for the City Council's consideration. The study was received by the City on September 16, 1994. It is the recommendation of staff that the public hearing be continued to permit staff time to review the study. Kent Dagg, Executive Director of the Shasta Builders Exchange and member of the Fees Task Force, requested the City Council's permission to make his oral presentation at the next public hearing. He expressed appreciation to staff for their assistance on the study, as well as the task force members. Mr. Perry indicated that staff will meet with members of the Task Force to review the information contained in the study. Charlie Menoher, Shasta County Office of Education, explained that the Office of Education, at the request of both the Shasta County Board of Supervisors and the City, has been working with the development community and members of the City Planning Department and County Planning Department to include school fees as part of the infrastructure. He noted that a consultant has been hired to assist with the fee development process. A study has been conducted which identifies common student yield factors, enrollments, and enrollment projections. The Office of Education will keep the City informed on its progress. Mayor R. Anderson continued the public hearing regarding the amendment to the Schedule of Fees and Services Charges to November 1, 1994. PUBLIC HEARING - re Ambulance Owner's Application, by Shasta View Ambulance, Inc. (T-100-030) The hour of 7:00 p.m. having arrived, Vice Mayor Kehoe opened the public hearing regarding an application for Ambulance Owner's License by Shasta View Ambulance, Inc. 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 City Clerk Strohmayer advised that a letter was received from Redding Medical Center dated September 19, 1994 City Clerk Strohmayer related that the City Council, at its meeting of August 16, 1994, set a public hearing for September 20, 1994, to consider a reapplication by Shasta View Ambulance, Inc. for an Ambulance Owner's License. On September 6, 1994, the Police Department presented a report regarding ambulance service within the City of Redding and the City Council requested staff to prepare additional information which is in the development stages. Staff anticipates presenting this information at the October 4, 1994, meeting. It is, therefore, the recommendation of staff that the City Council open the public hearing and continue it to October 4, 1994. Ms. Strohmayer conveyed that the applicant has been notified of staff's recommendation and is in accord with the recommendation. Robert Lintern, Shasta View Ambulance, Inc., concurred with staff's recommendation to continue the public hearing to October 4, 1994. He conveyed that he would be prepared to proceed with the application request on October 4, 1994, even if the information requested by the City Council was not available for consideration. In order to prepare for the public hearing, he requested a copy of the staff report as soon as it was available. Council Member Murray conveyed that his main interest was determining the fairness of the City's policy regarding ambulances. He requested that the report on October 4, 1994, address the following questions: 1) Is the definition of the term public convenience and necessity adequately known in the community and does it have a rigid legal definition; 2) Given the apparent lack of documentation available on public record or through Northern California Emergency Medical Services (NCEMS), is it possible to answer the questions posed regarding public convenience and necessity; 3) If the applicant cannot demonstrate public convenience and necessity because there are no records by which to demonstrate public convenience and necessity, does the City have a condition in its ordinance which cannot ever be met; and 4) Should the City be involved with ambulance licensing. Vice Mayor Kehoe recalled requesting staff to develop some measurement mechanisms for evaluating public convenience and necessity. He viewed this framework as also being applicable to taxi cab licensing. Interim City Manager McMurry stated that staff had a list of questions that were specifically recorded in the minutes from the September 6, 1994, City Council meeting. With regard to Council Member Murray's request, he believed staff would be able to provide the necessary responses. He noted the report may cause the City Council to change some of the current procedures and may require either guidance from the City Attorney or an agreement from Mr. Lintern to continue the matter in order to effect the changes. Council Member Murray believed the City Council was dealing with two separate issues: 1) The application from Shasta View Ambulance, Inc.; and 2) The issue of whether the City's process is fair and should it be changed. Vice Mayor Kehoe concurred. Vice Mayor Kehoe continued the public hearing regarding the Application for an Ambulance Owner's License by Shasta View Ambulance, Inc. to October 4, 1994. APPOINTMENTS TO TURTLE BAY PEDESTRIAN BRIDGE COMMITTEE (B-080-600 & P-050-460-700) Mayor R. Anderson conveyed that he had appointed the following individuals to the Turtle Bay Pedestrian Bridge Committee: Bob Anderson, David Kehoe, Jim Chapin, Brian Sindt, Bob Morrison, Sr., Bill Evanhoe, Jim Elkins, Karen Bennett, and John Mancasola. Mayor R. Anderson indicated that the following members of staff will serve as advisors to the committee: Phil Perry, Terry Hanson, Bob Galusha, Fred Mathis and John Gorman. Mayor R. Anderson stated that the first meeting of the committee is scheduled for 8:00 a.m., September 27, 1994. The City Attorney has advised that the meetings of this committee will fall under the Brown Act. This was an informational item and no action was required. CITY REPRESENTATION ON AIR POLLUTION CONTROL BOARD (B-080-460) Interim City Manager McMurry stated that information concerning the impasse which exists between Shasta County and the three cities regarding the composition of the Air Pollution Control Board is detailed in the Report to City Council dated September 15, 1994, incorporated herein by reference. Mr. McMurry summarized that the Shasta County Board of Supervisors (Board) believes that the Air Pollution Control Board should be comprised of either five or seven members, with a majority of the members being from the Board of Supervisors. It is the City's position that the provisions of AB75 specify that if agreement regarding the composition of the Board has not been reached by July 1, 1994, the cities should have equal representation on the governing board. Mr. McMurry conveyed that he was contacted by the County Administrative Officer who conveyed that the Board had again considered the composition of the Air Pollution Control Board and found no reason to change its position. The Board was willing to continue to discuss the issue; however, if the City felt a declaratory relief judgment was the proper way to settle the issue, it should proceed with that avenue. The Board was not willing to be a party to such an action. Mr. McMurry provided the City Council with a letter received from the Board dated September 20, 1994, and a memorandum prepared by Senior Planner King regarding the Board's action at its meeting on September 20, 1994. It is the recommendation of staff that the City join with the cities of Anderson and Shasta Lake and pursue a declaratory relief action in Superior Court concerning the composition of the Air Pollution Control Board. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to direct the City Attorney to again meet with the County's legal counsel to reach a mutual understanding of the intent of AB75. If a mutual understanding cannot be reached, the City Attorney is directed to file a declaratory relief judgment in Superior Court regarding the interpretation of AB75 and request that the Cities of Shasta Lake and Anderson join in the filing of such an action. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, and R. Anderson Noes: Council Members - Murray Absent: Council Members - None REQUEST BY REDDING RODEO ASSOCIATION - re Financing for Improvements to Rodeo Grounds (C-050-560) Director of Finance Downing recalled that the City Council, at its meeting of September 6, 1994, considered the request of the Redding Rodeo Association (Association) for the City to finance a number of improvements at the rodeo grounds and requested that a member of the Association be present at the September 20, 1994, meeting to address the issue in more detail. Ms. Downing stated that Council Member Murray expressed concern about making additional improvements to the rodeo grounds absent a long-term plan regarding the future use of the property. Community Services Director Gorman has indicated that the proposed improvements would enhance both the Association's and the City's ability to generate additional revenue at the facility. The City Council may wish to consider the creation of a committee to analyze the potential long-term uses of the rodeo grounds, and more globally, Turtle Bay West. To the extent the City Council is interested in assisting the Association arrange financing for improvements to the Rodeo Grounds, it is the recommendation of staff that the City Council direct staff to explore the possibility of arranging outside financing for the improvements or utilize an existing financing to pay for the improvements and proceed with the most viable alternative. Council Member Murray stated that he met with Community Services Director Gorman and Pete Peters and recommended proceeding with the facilitation of the loan request. He noted that the Association could obtain the loan on its own; however, utilizing the City's financing will enable it to obtain a lower interest rate. He noted that their discussions also included the possibility of the Mayor appointing an ad hoc committee to review long-range planning and land use surrounding the Convention Center for the next 20 to 30 years and prepare a report for the City Council's consideration in four to six months. Pete Peters, Redding Rodeo Association, explained that the Association has redone the arena for an upcoming event. The Association would like to make other improvements which would be beneficial both to the rodeo and the community. The Association is looking for the best possible source of funding to pay for the improvements. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, authorizing staff to explore arranging outside financing or utilizing an existing financing to pay for improvements to the Rodeo Grounds and proceeding with the most viable alternative. The Vote: Unanimous Ayes Council Member Murray suggested that the appointment of an ad hoc committee to prepare a recommendation regarding long-range uses of Turtle Bay West be referred to Mr. Gorman and requested that he prepare a report which addresses the concept and provides some indication of interest on the part of participating parties, i.e., Rodeo Association, Asphalt Cowboys, Planning Commission, Recreation and Parks Commission, Museum, etc. Director of Planning and Community Development Perry noted that the City received a grant from the McConnell Foundation a couple of years ago which embarked on a planning study with regard to all public lands along that particular area. A consultant was hired and a seven-member committee was appointed. The work was approximately three-quarters completed when it was put on hold until it could be determined what was going to occur with regard to Benton Ranch and the siting of the museum. The report may provide a foundation, however, that determination will need to be made. He indicated that the key issue with respect to the Rodeo Association is whether Auditorium Drive is connected to North Market Street. In response to Mr. Perry, Council Member Murray suggested that Mr. Gorman prepare the report because of the Planning Department's heavy work load. He believed the project should be geared more toward a volunteer effort than a staff intensive effort. Mayor R. Anderson requested that Council Member Murray review the report referenced by Mr. Perry to determine if it is applicable to today's needs. ORDINANCE - Amending Conflict of Interest Code (F-010-150) City Clerk Strohmayer explained that Government Code Section 87306.5 of the Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate and up- to-date or, alternatively, that the code must be amended. Ms. Strohmayer stated that staff has determined that the list of Designated Employees should be amended to delete the position of Manager of Museum of Art and History, add the position of Financial Management Specialist, and create a new category of Officials Who Manage Public Investments to include the Director of Finance. It is the recommendation of staff that the City Council offer the necessary ordinance for first reading. Council Member Kehoe offered Ordinance No. 2097 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 2.90 pertaining to the Conflict of Interest Code for designated positions of the City of Redding to include the position of Financial Management Specialist, create a category of Officials Who Manage Public Investments to include the Director of Finance, and delete the position of Manager of Museum of Art and History. ADJOURNMENT There being no further business, at the hour of 8:30 a.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk