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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-10-18 -Special City Council, Special Meeting City Council Chambers 1313 California Street Redding, California October 18, 1994 6:00 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. CLOSED SESSION (P-100) Mayor R. Anderson stated that the City Council would adjourn to closed session to discuss the following: 1) Pursuant to California Government Code Section 54956.5 and 54957, Public Employee Discipline/Dismissal/Release; and 2) Pursuant to California Government Code Section 54954.5 and 54957, Public Employment - Employment of independent contractor who functions as an employee-special counsel to the City Council: Bandell Swanson, Attorneys at Law. At the hour of 6:00 p.m., Mayor R. Anderson adjourned the meeting to closed session. At the hour of 7:12 p.m., Mayor R. Anderson reconvened the meeting to regular session. Mayor R. Anderson related that the City Council had nothing to report concerning the closed session regarding Public Employee Discipline/Dismissal/Release. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to employ the firm of Bandell Swanson as employee-special counsel to the City Council. The Vote: Unanimous Ayes Mayor R. Anderson read into the record the following letter from Bandell Swanson: "The City of Redding has expressed an interest in retaining Bandell Swanson to provide advice and counsel on certain matters as selected by the City Council. This letter will confirm that, pursuant to Rules of Professional Conduct, Rule 3-310 (enclosed,) the City waives any conflict of interest of Bandell Swanson in its representation of any client in any matter where the City of Redding may be an adverse party or have an adverse interest." He related that normally when an attorney represents a client, such as the City of Redding, the attorney is prohibited from representing another party who may be suing the City. Bandell Swanson does not want to give up this right and the Mayor requested the City Council's authorization to sign the aforementioned letter agreement. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, authorizing the Mayor to sign the letter agreement from Bandell Swanson, dated October 18, 1994, incorporated herein by reference, waiving any conflict of interest of Bandell Swanson in its representation of any client in any matter where the City of Redding may be an adverse party or have an adverse interest. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 7:15 p.m, Mayor R. Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk City Council, Regular Meeting City Council Chambers Redding, California October 18, 1994 7:15 p.m. The Pledge of Allegiance to the flag was led by Assistant City Attorney Calkins. The Invocation was offered by Sister Margaret Walsh of Mercy Hospital. 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 Electric Utility Lindley, Director of Planning and Community Development Perry, Electric Utility Resources Manager Coleman, Police Chief Blankenship, Assistant City Attorney Calkins, Director of Finance Downing, Assistant City Engineer Aasen, Principal Planner Keaney, Director of General Services Masingale, Director of Information Systems Kelley, Director of Personnel Bristow, Senior Planner King, Budget Services Officer Starman, Risk Manager Mlinarcik, City Clerk Strohmayer, and Secretary to City Council Rudolph. RESOLUTION - Proclaiming October 23-31, 1994, Red Ribbon Week (A-050-060-600) MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 94-297 be adopted, a resolution of the City Council of the City of Redding proclaiming October 23 through 31, 1994, as "Red Ribbon Week." 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. 94-297 is on file in the office of the City Clerk. The following presentations were made on behalf of Manzanita Elementary School's "Just Say No" Club: 1) Bristol Kermode read a poem whereby she pledged to keep herself alcohol, tobacco and drug free. She explained the history of "Red Ribbon Week" and the proposed activities scheduled at the school; and 2) Andrew Duckett referenced various "Red Ribbon Week" activities being held throughout the nation. He encouraged everyone to wear a red ribbon to promote the message "Healthy Means Drug Free." URGENCY ITEM (P-150-150) Interim City Manager McMurry requested the City Council, in accordance with California Government Code Section 54954.2(b)(2), to consider the placement of an urgency item on the agenda regarding a request by the California Attorney General, in cooperation with the California Highway Patrol, for the City of Redding Police Department to assist in the re-enactment of a fatal accident which took place on Churn Creek Road between Lebrun Street and Maragalia Street. Assistant City Attorney Calkins stated that the City Council must make the following findings concerning an urgency item: 1) There is an immediate need for the City Council's action; and 2) The need arose subsequent to the posting of the agenda. Mr. Calkins informed the City Council that the City Attorney's Office was not made aware of the request until the afternoon of October 14, 1994, and did not receive notification from the Attorney General's Office regarding the final format of the indemnification agreement until Monday, October 17, 1994. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to place the request of the California Attorney General's Office for the City of Redding Police Department to provide assistance in the re-enactment of a fatal accident scene on the agenda as an urgency item. The Vote: Unanimous Ayes Police Chief Blankenship reiterated that the Attorney General's Office, in cooperation with the California Highway Patrol, has requested the City's assistance in re-enacting an accident scene on Churn Creek Road on October 29, 1994. He explained that the City's participation would involve roadway monitoring and traffic control. He related that the City Attorney's Office and the Attorney General's Office have agreed upon a total indemnification of the City of Redding by the State of California, however, the final written form has not been received. Upon the City Attorney's receipt, he requested that the Mayor be authorized to execute the acceptance of the indemnification agreement. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, authorizing the City of Redding Police Department to assist the California Attorney General's Office, in cooperation with the California Highway Patrol, in the re-enactment of a fatal accident which took place on Churn Creek Road between Lebrun Street and Maragalia Street, and authorize the Mayor to execute the acceptance of the indemnification agreement. The Vote: Unanimous Ayes 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. 7, check numbers 212168 through 212665 inclusive, in the amount of $4,041,730.59, be approved and paid, Payroll Register No. 8, check numbers 386689 through 387443 inclusive, in the amount of $908,323.63, and Automatic Payroll Deposits, check numbers 21470 through 21672, in the amount of $317,599.97, for a total of $1,225,923.60, for the period September 25, 1994, through October 8, 1994, be approved. TOTAL: $5,267,654.19 Transactions Between $5,000-$25,000 for Third Quarter 1994 (B-050-100) It is the recommendation of the Director of Finance that the City Council accept the third quarter 1994 transaction listing of items between $5,000 and $25,000 approved by the City Manager. Planning and Community Development Monthly Status Report (A-050-250) It is the recommendation of the Director of Planning and Community Development that the Monthly Status Report through September 1994 for the following work areas be accepted: 1) Annexations; 2) Zoning, Subdivisions, and General Plan Amendments; 3) Building and Population; 4) Housing Assistance and Rehabilitation; and 5) Surplus Property. Resolution Setting Public Hearing - re Abandonment Application A-7-94, by Elmer Swanson, Jr. (3000 Stonecrest Place) (A-010-040) It is the recommendation of the Director of Planning and Community Development that Resolution No. 94-298 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of open space easement on Lot 9 (3000 Stonecrest Place) dedicated to the City of Redding with the recording of Unit 11 of the Country Heights Subdivision (A-7-94) and setting a public hearing for 7:00 p.m., November 15, 1994. Set Public Hearing - re General Plan Amendment GPA-5-94 and Rezoning Application RZ-8-94, by Bob Roesner (Southeast Corner of Shasta View Drive and Goodwater Avenue) (G-030-010 & 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., November 15, 1994, to consider General Plan Amendment GPA-5-94, requesting the amendment of the General Plan on property located at the southeast corner of Shasta View Drive and Goodwater Avenue from "Residential, 4.0 units per acre" to "Office Residential" and Rezoning Application RZ-8-94, rezoning said property from "R-1" Single-Family Residential District to "R4-40-B15-F" Multiple-Family Residential District with Site Plan Review Combining District. Request by People of Progress - re Lease of Pasture Land for Community Garden at Diestelhorst Bridge (C-070-100) It is the recommendation of the Director of Planning and Community Development that the letter received from the People of Progress dated October 12, 1994, incorporated herein by reference, concerning the lease of pasture land for a community garden at Diestelhorst Bridge, be referred to the Recreation and Parks Commission for consideration and recommendation. Resolution - Approving Supplement No. 3 to the Northern California Power Agency Joint Powers Agreement to Accept Port of Oakland's Application for Membership (E-120-400) It is the recommendation of the Electric Utility Director that Resolution No. 94-299 be adopted, a resolution of the City Council of the City of Redding approving entering into Supplement No. 3 to the Joint Powers Agreement of the Northern California Power Agency, accepting the Port of Oakland's application for membership, and authorizing the Mayor to sign same. Resolution - Amending Unrepresented Salary Schedule to Include Title of Resource Recovery Manager (P-100-320 & A-050-150-325) It is the recommendation of the Personnel Director that Resolution No. 94- 300 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 94-254 as of midnight, October 8, 1994, and establishing a new Executive Management Pay-for-Performance Salary Plan for unrepresented employees effective October 9, 1994, adding the classification of Resource Recovery Manager at a salary range of $2,639 to $4,165. Set Public Hearing - re Appeal of Grading Violation Fine by Gunner/Clermont, Inc. (3485, 3490, 3497, 3509, 3520, 3533 and 3570 Old Lantern Drive and 3560 First Cabin Court) (A-070-055 & S-100-654-700) It is the recommendation of the Assistant City Engineer that a public hearing be set for 7:00 p.m., November 1, 1994, to consider the appeal of grading violation fine by Gunner/Clermont, Inc. at 3585, 3490, 3497, 3509, 3520, 3533 and 3570 Old Lantern Drive and 3560 First Cabin Court. Resolution Accepting Streets - Commercial Subdivision by Shasta Enterprises LS-52-91 (Airport Road) * (S-070-230 & L-010-150 & S-050-100-020) It is the recommendation of the Assistant City Engineer that Resolution No. 94-301 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Avtech Parkway and Aviation Drive in Shasta Enterprises Commercial Subdivision (LS-52-91). Resolution - Appropriating Construction Tax Funds for Hazard Elimination and Safety (HES) projects * (B-130-070 & G-100-170 & S-050-100 & T-080-300) It is the recommendation of the Assistant City Engineer that Resolution No. 94-302 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 19th amendment to City Budget Resolution No. 94- 199 appropriating $345,000 for hazard elimination and safety projects ($300,000 for guardrail installation at various locations and $45,000 for the left-turn prohibition during certain hours at Hilltop and Grove and left-turn channelization at Court and South projects to cover the City's up- front costs). The City will receive 100 percent reimbursement from the Hazard Elimination and Safety Program (HES) for the guardrail installation project and 90 percent reimbursement from HES for the remaining projects. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution Nos. 94-298, 94-299, 94-300, 94-301, and 94-302 are on file in the office of the City Clerk. - - - - - - - - PUBLIC HEARING - re Rezoning Application RZ-4-93, by the Redding Housing Authority (4455 Oasis Road) (L-010-230 & L-010-410) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Rezoning Application RZ-4-93. 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 October 12, 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 September 13, 1994, recommended approval of a request by the Redding Housing Authority to rezone property located at 4455 Oasis Road 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. The Planning Commission's approval was made in conjunction with the approval of a tentative map for the creation of 21 multiple-family lots and open space (S-11-93). Mr. Perry explained that the recommendation for rezoning the property to "RM-18-F" is based upon a finding that this zoning is consistent with the General Plan and is compatible with the approved tentative subdivision map on the property. It is the recommendation of staff that the City Council approve the Rezoning Application as proposed, ratify the Negative Declaration, and direct staff to submit an ordinance for adoption when a final map is recorded. 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 make the following findings regarding Rezoning Application RZ- 4-93: 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 27, 1994. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to approve the rezoning of property at 4455 Oasis Road 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 and direct staff to submit the necessary ordinance for adoption when the final subdivision map is recorded for S-11-93. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-6-93, by the Redding Housing Authority (4455 Oasis Road) (A-010-100) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Abandonment Application A-6-93. 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 October 13, 1994 City Clerk Strohmayer advised that no protests were received. Director of Planning and Community Development Perry explained that the Redding Housing Authority (RHA) has requested abandonment of a portion of Oasis Road right-of-way adjacent to property at 4455 Oasis Road. The proposed area of abandonment entails the westernmost 660 feet of the frontage of a width of 22 to 30 feet and a small sliver of right-of-way at the extreme east end of the parcel frontage. The abandonment proposal is based upon the land being outside the area necessary to construct the standard 96-foot-wide arterial street section. Mr. Perry related that the purpose of the RHA request is to enhance development of a recently approved subdivision proposal on the adjoining parcel. The RHA has not yet acquired title to the subdivision site, which is currently owned by the City, thus the land could merge with the City's property which was acquired through foreclosure on a sewer bond debt. It is the recommendation of staff that the City Council adopt a resolution abandoning the street right-of-way, declaring the property surplus and authorizing staff to merge the area with the adjoining City property. Mayor R. Anderson determined that there were no individuals present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 94-303 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of 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). It was further recommended that the property be declared surplus and staff authorized to merge the area with adjoining City property. 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. 94-303 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-7-94, by Jim Graves and the City of Redding (1397 Buenaventura Boulevard) (L-010-230 & T-080-750 & S-070-100-065) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Rezoning Application RZ-7-94. 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 October 12, 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 September 27, 1994, recommended approval of Rezoning Application RZ-7-94, by Jim Graves, concerning property on Buenaventura Boulevard, immediately south of Sunset Plaza. It would amend the site-plan-review criteria on the portion of the property currently zoned "CO-B40-F" and would rezone a portion of the property from "C1-B40" Neighborhood Commercial District to "CO-B40-F" Commercial Office District so the zoning is the same for the entire developable portion of the property. Mr. Perry explained that the purpose of the rezoning is to amend the parking restrictions established in 1990 with the current site-plan-review criteria. It is the recommendation of both the Planning Commission and staff that the City Council approve the Rezoning Application as recommended by the Planning Commission and offer the ordinance for first reading. Heidi Risk, 3681 Cal Ore Drive, entered her letter dated October 18, 1994, incorporated herein by reference, into the record and presented a petition containing 96 signatures requesting the following improvements on Buenaventura Boulevard: 1) Installation of street lighting; 2) Installation of sidewalks; 3) Reduction of speed limit (presently 50 miles per hour); and 4) Installation of traffic lights at the intersections of Buenaventura/Placer and Buenaventura/Eureka Way. Applicant Jim Graves, 3712 Sunflower Drive, provided the City Council with a schematic site plan which further clarified his request. He stated that the proposed rezoning request, while providing for a smaller building, permits the building to be used for both medical and professional office space. He explained that the Sunset Plaza development was required to install curbs, gutters and sidewalks the full length of the property line and make a substantial contribution toward the signalization of the intersection. Mr. Graves further stated that the proposed development would also be required to install curbs, gutters and sidewalks and make a contribution in the form of traffic mitigation fees to pay for some of the improvements referenced by Ms. Risk. He requested that the City Council approve the rezoning request and the amendment to the site-plan criteria as recommended by the Planning Commission and staff. In response to Ms. Risk, Mr. Graves stated that the original plans for the project required 45 parking spaces; however, the amended site-plan criteria provides for 60 parking spaces. Given the 50 mile-per-hour speed limit, Ms. Risk asked that the City Council condition the project to require the installation of sidewalks and street lights before any commercial development is authorized. 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 Mayor R. Anderson, Mr. Perry indicated that the traffic signals for both Buenaventura/Eureka Way and Buenaventura/Placer are currently under design, with installation projected for this coming summer. The signal at Buenaventura/Eureka Way will be funded utilizing City, developer and Caltrans funds. The signal at Buenaventura/Placer will probably be funded strictly using traffic impact fees. Mr. Perry related that when the right-of-way was acquired for Buenaventura Boulevard, the City was given the option of either purchasing the right-of- way or agreeing to build the road in exchange for being given the right-of- way. The City agreed to build the road and subdivisions in the area were approved under the premise that the City would be responsible for the improvements. Buenaventura Boulevard will ultimately be a four-lane road and the major portion of the improvements, i.e., curb, gutter and sidewalk, will be the City's responsibility. These improvements will be required to compete for dollars with other projects in the City's Capital Improvement Plan. In response to Mayor R. Anderson, Mr. Perry explained that in order for a traffic citation to stand up in court, a study is conducted by the Police Department and the findings are submitted to the Public Works Traffic Division to determine whether a recommendation should be made to the City Council to change the posted speed limit. Assistant City Attorney Calkins interjected that the statutory language basically requires a traffic engineering study of the traffic progressing up and down a particular right-of-way and, based upon the habits of the drivers, a speed limit is then established. Council Member P. Anderson also requested staff to report back on the issue of crosswalks on Buenaventura Boulevard. Interim City Manager McMurry suggested that the City Council direct staff to undertake such a traffic study and report back to the City Council with a projected completion date. In response to Council Member Murray, Mr. Perry did not believe the budget contained a time line for widening Buenaventura Boulevard or installing sidewalks. He stated that typically the widening of a street would be a precursor to the installation of sidewalks. Council Member Murray supported staff's recommendation to approve the Rezoning Application as recommended. He was, however, sensitive to the testimony and petitions received and recommended that the issues regarding Buenaventura Boulevard be addressed during the budget hearing process. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council approve the Rezoning Application 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 September 27, 1994. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2098 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 "CO-B40-F" Commercial Office District, with site plan review criteria (RZ-7-94). By consensus, the City Council directed staff to conduct a study concerning the speed limit on Buenaventura Boulevard. Mr. McMurry stated that he would coordinate the study with the Police Department and Public Works Department. PUBLIC HEARING - re Appeal of Use Permit Application UP-34-94, by John Abacherli (1721 Henry Avenue) (L-010-390) Director of Planning and Community Development Perry announced that based on the Planning Commission's changes to the conditions of approval of Use Permit Application UP-34-94, the applicant, John Abacherli, withdrew the appeal, thus the public hearing was not necessary. DESIGNATION OF MT. SHASTA AS WILDERNESS AREA (F-200-100) Council Member Kehoe abstained from voting and discussion on this matter. Council Member McGeorge stated that he received a letter from Mo Orwig requesting the City Council to write a letter to the Keeper of the National Register of Historic Places (Keeper) protesting the designation of Mt. Shasta as a "historic district." Council Member McGeorge explained that the "historic district" encompasses approximately 1,000 pieces of private property. He stated that due to the proposed designation and the associated regulatory restrictions, some of the timber has decayed to a point where it is no longer considered useful. Many cities and counties in the north part of the State have elected to send letters of opposition to the Keeper. He indicated that the Department of Forestry originally recommended that the "historic district" designation be placed on land above the 8,000 foot elevation. He presumed that the City of Redding could be impacted by this designation because of the potential impacts on the ski resort. Mayor R. Anderson felt that the proposed designation would impact the City of Redding to some extent and recommended that the City Council authorize the Mayor to send a letter to the Keeper similar to that sent by Shasta County. Council Member P. Anderson supported Mayor Anderson's suggestion. She requested that the letter be more specific, i.e., the letter does not address the fact that the Keeper changed the designated area. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, authorizing the Mayor to send a letter of opposition to the Keeper of the National Register of Historic Places regarding the designation of Mt. Shasta as a "historic district." Voting was as follows: Ayes: Council Members - P. Anderson, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Kehoe AMENDMENT TO CHAPTER 18.49, HOME OCCUPATIONS (L-010-130 & L-010-500-050) Director of Planning and Community Development Perry highlighted the Report to City Council dated October 12, 1994, incorporated herein by reference, which provided background concerning the current and proposed home occupation process and the different approaches considered to date. Mr. Perry explained that the Planning Commission reiterated its original recommendation which created two classes: Group 1 which receives same day permits and Group 2 which follows current practice. He noted various concerns expressed by the Planning Commission regarding the City Council's proposal. Mr. Perry favored a system which educates and sets the rules on a preventive approach as compared to one which relies on code enforcement or civil litigation as the only way to achieve compliance. He indicated that businesses in the home can create problems between neighbors. Therefore, if the City allows businesses in residential areas, it should be by permit and should incorporate a procedure to resolve problems without making things more difficult for government or the homeowners. He explained that one of the effects of the City Council's proposal is that homeowners would have to use the court system to enforce tract restrictions that now tend to be ignored with the City's Home Occupation Ordinance. Mr. Perry questioned how the City Council wanted staff to proceed with the home occupation process. Mayor R. Anderson favored staff's recommendation which allowed same day issuance of all home occupation permits, but provided a mechanism to revoke said permits. Council Member Murray maintained that the Group 1 classification should be deleted. He opined that alternative methods could be developed for educating the community regarding home occupation requirements. He asserted that home occupations which externally exhibit signs of existence should still be required to obtain a permit. Based on the Planning Commission's observations, Council Member Kehoe supported the Planning Commission's recommendation. He preferred handling as many of the issues as possible at the administrative level without involving either the Police Department or the court system. In response to Council Member P. Anderson, Mr. Perry related that the Planning Commission's recommendation requires notices be sent to adjoining property owners for home occupation permits within the Group 2 classification. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, directing staff to prepare the necessary ordinance implementing the Planning Commission's recommendation to create two classes within the Home Occupation Permit process: Group 1 which receives same day permits and Group 2 which follows current practice. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge and R. Anderson Noes: Council Members - Murray Absent: Council Members - None CELEBRITY CITY (A-050-250) Director of Planning and Community Development Perry provided an overview of the Report to City Council dated October 13, 1994, incorporated herein by reference, concerning the Draft Environmental Impact Report (EIR) for the Celebrity City project and responses to the City's comments. The City Council, at its meeting of August 16, 1994, directed staff to voice its concerns regarding the project's regional impacts and request that the EIR disclose the project's impacts. It is staff's opinion that the responses to the City's comments were nonresponsive. The Final EIR argues that specific impacts and mitigations for the proposed General Plan amendment to accommodate Celebrity City will be defined when a specific plan is submitted. At that time, the Final EIR will be added to and recertified if necessary. In staff's opinion, this ignores the question because the 1,600 acres will have already been reclassified to accommodate the project. Mr. Perry advised that the Tehama County Board of Supervisors approved the General Plan Amendment to reclassify 1,600 acres to a commercial designation and certified the EIR with findings of overriding consideration. The California Environmental Quality Act (CEQA) provides for a 30-day, statute- of-limitations period during which projects are subject to legal challenge under CEQA. Other windows of CEQA challenge exist when the environmental review process is reopened to examine a specific project proposal. In addition, the development project itself may be challenged up to the point where a project is about to start. Once a vested right is obtained in reliance on a permit, then legal remedies are exhausted except if the project mitigations of the EIR are not carried out through the required monitoring program. Mr. Perry explained that the City Council has several alternatives which are outlined in the report, as well as the associated implications. Mr. Perry stated that he received a call from Einhard Diaz, representing the proponents of the project, offering to make a presentation to the City Council and requested that no action be taken until such a presentation could be made. Based upon conversations with Mr. Diaz, a specific plan would still be required and would be subject to an environmental review. Mike Cronic conveyed that the Shasta County Board of Realtors supports the Celebrity City project. The Board believes that the project's economic considerations far outweigh the potential problems expressed by the City of Redding. The project's promoter has estimated this to be a five to ten-year project. He stated that the growth rate of the surrounding area for the same time period would be similar, however, not in a concentrated area which requires special consideration for such matters as air quality and ground water. He explained that the employment opportunities created by this project would not all be considered low-income positions. He noted that even low-income jobs generate money for the community, thereby providing for growth and well-being. Mike Braden, 1855 Redwood Drive, President-Elect of the Shasta Association of Realtors, believed that the project would benefit the City as much, if not more, than Tehama County. He stated that 55 to 60 percent of Shasta County's budget is welfare related and the local economy is in need of additional jobs and revenue. He stated that the Shasta Association of Realtors supports Celebrity City. Lance Frederickson, Executive Director of the Shasta Business Council (SBC), related that SBC has not yet taken a position regarding Celebrity City. He asked that the City not institute any legal action which could potentially set a precedent in Northern California. Melinda Brown, 9951 Tilton Mine Road, stated that there are many issues for the City Council to consider as she was informed of a study commissioned by the developers of Celebrity City which shows that if the project is developed, Shasta County would not be in compliance with Federal air requiremets. She added that a study of a similar development in Branson, Missouri, reveals that 98 percent of its homeless population is now employed. Council Member P. Anderson suggested that the City Council defer action until a presentation is made to the City Council. After such a presentation, the City may opt to support the project. Mayor R. Anderson indicated that the project's approval is the responsibility of Tehama County. He believed that the City should, however, request that concerns regarding such matters as air quality be addressed. Council Member Kehoe acknowledged the project's economic development value. He believed, however, that the City had an obligation to its citizens to have critical questions answered relative to air quality impacts, water supply, full environmental disclosure and traffic impacts. Council Member McGeorge stated that he did not oppose the project, but stressed the importance of taking time to review it. Having read the EIR, Council Member Murray stated he does not oppose the project. He noted his main concern is the mitigation of the environmental impacts. The EIR envisions there will be a specific plan adopted prior to the project moving forward. At the time impacts become known, an amendment in support of the specific plan will occur as part of the tiered EIR process. He indicated that the following matters should be addressed: 1) Request to be included as a responding agency for any and all EIR amendments and the specific plan; 2) Ask that the first of the two air monitoring stations be installed at the north end of the project to measure transport air quality impacts; 3) Offer any available information which would assist Tehama County's Planning Department in the preparation and evaluation of a specific plan; and 4) Explore the possibility of inviting the 11 counties within the air basin to participate in the development of basin-wide air pollution control standards. He expressed concern that the EIR did not contain comments from the Shasta County Air Pollution Control Board. It was the consensus of the City Council to only monitor the project and take no action. SET PUBLIC HEARING AND WORKSHOP - re Proposed November 1994 Electric Utility Rate Adjustment (E-090-100) Electric Utility Director Lindley submitted the Report to City Council dated October 13, 1994, incorporated herein by reference, outlining the proposed November 1994 electric utility rate adjustment of 3.42 percent and projected adjustments through 1999. Council Member P. Anderson requested detailed information outlining reasons for the proposed rate adjustment and areas where the money will be utilized. In addition, she asked staff to show where unanticipated revenue from the sale of power is being utilized and if those funds will assist in offsetting the proposed rate adjustment. Council Member Kehoe recommended that the City Council conduct a workshop prior to the public hearing. Given the short time frame, Mayor R. Anderson noted that it might not be possible to have the rate adjustment effective November 1, 1994. It was the consensus of the City Council to hold a workshop the afternoon of November 1, 1994, and conduct the public hearing at its regular meeting on November 1, 1994. EARTHQUAKE INSURANCE FOR REDDING POWER PLANT RESOLUTION - Appropriating Funds * (B-130-070 & R-100-375-550 & E-120-150) Risk Manager Mlinarcik recalled that the City Council, at its meeting of August 12, 1994, approved the placement of builders' risk insurance for the Redding Power Combustion Turbine Project with Zurich American Insurance. At that time, it was noted that earthquake coverage for the turbines under construction and the existing property totaled only $10,000,000 per occurrence, even though all the property at the site is valued at over $93,000,000. It was staff's intent to explore the availability of additional earthquake coverage. Mr. Mlinarcik stated that staff has determined that an additional $20,000,000 of earthquake insurance can be obtained at a cost of $60,000 plus taxes and fees. The resulting $30,000,000 of coverage over a 5 percent of value deductible (approximately $4,700,000) will result in coverage of approximately one third of the total value of the Redding Power Plant site. Mr. Mlinarcik indicated that staff surveyed other public utility agencies regarding earthquake coverage and the results of the survey are outlined in the Report to City Council dated October 18, 1994, incorporated herein by reference. Mr. Mlinarcik acknowledged that earthquake exposure in Redding is considered low when compared to the rest of California; however, Redding Power Plant is a major investment of City funds. Unlike many other utilities which have assets spread throughout a large geographical area, the City has a great concentration of highly valued property in one small area. It is, therefore, the recommendation of staff that, at a minimum, an additional $20,000,000 in earthquake insurance be obtained and a resolution appropriating the necessary funds be adopted. Mr. Mlinarcik explained that staff will continue to evaluate the need for higher insurance limits. In addition, consideration will be given to a probable maximum loss study of the Redding Power Plant to obtain closer estimates as to how the equipment will fare in the event of an earthquake. Council Member Murray questioned why the loss study was not being completed prior to obtaining the additional insurance. Mr. Mlinarcik stated that the study could be completed first, however, based upon the survey of other utilities and the City's investment in the project, it is likely that more earthquake insurance is necessary. In response to Council Member Murray, Mr. Mlinarcik stated that there is considerable variability between plants and any comparison is not going to be exact. He indicated that there is software which deals specifically with earthquakes and the impact on specific types of equipment. The cost to conduct such a study is estimated to be $10,000. Mayor R. Anderson questioned the reliability of the study. Mr. Mlinarcik related that the best estimate is a guess and recommended obtaining the software which tracks the patterns of losses from the different types of earthquakes and incorporate that data with available information and engineering studies. Mr. Mlinarcik stated that he could obtain a proposal which defines the study in further detail for the City Council's consideration. Mayor R. Anderson clarified that the facility is fully insured and the earthquake insurance is the only limited coverage. Council Member Murray supported purchasing the additional earthquake insurance. He requested staff to report back on the value and expertise associated with the recommended study. Mr. Mlinarcik explained that California is the only state where power plants are not insured for full replacement value. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, authorizing staff to obtain an additional $20,000,000 in earthquake insurance for the Redding Power Combustion Turbine Project and adopt Resolution No. 94-304, a resolution of the City Council of the City of Redding approving and adopting the 20th amendment to City Budget Resolution No. 94-199 appropriating $65,000 for earthquake insurance. 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. 94-304 is on file in the office of the City Clerk. RESOLUTION - Rejecting Bid Schedule No. 2886, Baling System for New Transfer Facility and Authorizing Negotiation on the Open Market (B-050-100 & S-020-650) Director of General Services Masingale stated that two bids were submitted for the baling system at the new Transfer Station, Bid Schedule No. 2886. It was determined that the apparent low bidder, Mosely Machinery, dba Harris Waste Management Group, Inc., did not have the appropriate California State Contractor's license. The only qualified bidder meeting all bid specifications was Perin Company, which submitted a bid for $409,389 which was in excess of the $350,000 budgeted for the purchase. It is the recommendation of staff that the City Council reject all bids and direct the Interim City Manager to negotiate on the open market for the baling system. It is believed that a more favorable price can be negotiated on the open market. In response to Council Member Kehoe, Mr. Masingale stated that based on conversations with providers of this type of equipment, staff is confident that the price can be negotiated below the $350,000 budgeted for the purchase. The performance bond requirement may have originally increased the price of the equipment. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to adopt Resolution No. 94-305, a resolution of the City Council of the City of Redding rejecting all bids for a baling system for the new Transfer Facility (Bid Schedule No. 2886); declaring that the required system may be acquired in the open market; and authorizing the negotiation thereof and the execution of a contract by the Interim City Manager. It is further directed that the purchase price not exceed $350,000. 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. 94-305 is on file in the office of the City Clerk. ORAL COMMUNICATIONS (S-070 & P-050-145) Vi Klassen, 2295 Oak Ridge Drive, asked the City Council to consider the issue of sidewalks within the City when updating the land use plans and setting policy. She noted various areas within the City where sidewalks are a problem. Council Member McGeorge suggested that some form of recognition be given to coordinators of Project Playground. Interim City Manager McMurry indicated there would most likely be a dedicational ceremony and recommended that such a presentation be made at that time. ADJOURNMENT There being no further business, at the hour of 9:13 p.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk