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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-03-071 03/07/95 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California March 7, 1995 7:00 p.m. The Pledge of Allegiance to the flag was led by Interim City Attorney Calkins. The invocation was offered by Pastor Mark McLeod, Palo Cedro Assembly. The meeting was called to order by Mayor R. Anderson with the following Council Members present: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson. Also present were City Manager Warren, Assistant City Manager Perry, Director of Electric Utility Lindley, Police Chief Blankenship, Fire Chief Bailey, Administrative Services Director Starman, Interim City Attorney Calkins, Director of Community Services Gorman, Assistant City Engineer Aasen, Acting Planning Director Keaney, Director of Information Systems Kelley, Director of Personnel Bristow, Assistant Director- General Services Kohn, Management Assistant to City Manager Bachman, City Clerk Strohmayer, and Secretary to the City Council Rudolph. PRESENTATION OF PLAQUE - Steve Gaines, Tourism and Convention Commission (B-080-540) Mayor R. Anderson presented a plaque to Steve Gaines and expressed the City's appreciation for his eight years of service on the Tourism and Convention Commission. 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 16, for the period February 14, 1995, through February 28, 1995, check numbers 216593 through 217272 inclusive, in the amount of $3,825,803.16, and Payroll Register 17, check numbers 394058 through 394809, and electronic deposit transaction numbers 22683 through 22876, totaling $1,206,767.07, for the period January 29, 1995, through February 11, 1995, and Payroll Register 18, check numbers 394810 through 395537, and electronic deposit transaction numbers 22877 through 23078, totaling $1,194,816.68, for the period February 12, 1995, through February 25, 1995, be approved. TOTAL: $6,227,386.91 Treasurer's Report - January 1995 (A-050-100-600) Total Treasurer's Accountability - $ 61,991,821.32 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $209,414,205.48 Cash Reconciliation Report - January 1995 (F-205-095-650) It is the recommendation of the Director of Administrative Services that the Cash Reconciliation Report for January 1995 be accepted. Ordinance No. 2112 - re Rezoning Application RZ-12-94, by Signature Northwest (Country Heights Subdivision, Unit 12) (L-010-230) It is recommended that Ordinance No. 2112 be adopted, 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-B10" Single-Family Residential District with "B" Combining District, "U-F" Unclassified District with Site Plan Review Combining District and "U" Unclassified District (RZ- 12-94). 2 03/07/95 Ordinance No. 2115 - re Rezoning Application RZ-4-93, by Redding Housing Authority (4455 Oasis Road) (L-010-230) It is recommended that Ordinance No. 2115 be adopted, 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 "RM-18" Multiple-Family Residential District and "U-F-FP" Unclassified District with Site Plan Review Combining District and Floodplain Combining District (RZ-4-93). Resolution - Appropriating funds for HOME Program and authorizing receipt of funds from the State Department of Housing and Community Development * (B-130-070 & G-100-070-300) It is the recommendation of the Assistant City Manager that Resolution No. 95-056 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 48th amendment to City Budget Resolution No. 94-199 (1) appropriating $1,235,000 for the HOME Program and (2) authorizing the receipt of $1,235,000 in revenue from the State Department of Housing and Community Development. Possession of Alcoholic Beverages at Street Dance (A-110) It is the recommendation of the Assistant City Manager that the City Council approve the Asphalt Cowboys' request to waive Redding Municipal Code Section 6.38.062, thereby permitting the consumption and possession of alcoholic beverages at the street dance to be held on Wednesday, May 17, 1995, subject to coordination of the dance with the Police Chief. Amendment of Equipment Lease with United Financial (D-050-400-100) It is the recommendation of the Director of Administrative Services that the City Council accept the report regarding the amendment of the equipment lease with United Financial of Illinois, thereby reducing the principal amount of Master Lease MLPA-444 by $86,585. Resolution - Approving Client-Consultant Agreement with Woodward-Clyde Federal Services for preparation of Seismic Risk Assessment (G-030-070) It is the recommendation of the Acting Planning Director that Resolution No. 95-057 be adopted, a resolution of the City Council of the City of Redding approving the Woodward-Clyde Federal Services Agreement, in an amount not-to-exceed $24,136, for the preparation of a Seismic Risk Assessment and authorizing the Mayor to sign said agreement. Sources for funding this project include Community Development Block Grant (CDBG) funds and General Fund monies. Resolution - Approving filing of joint application with the Shasta Natural Science Association for an urban streams restoration grant on Sulphur Creek (G-100-170) It is the recommendation of the Acting Planning Director that Resolution No. 95-058 be adopted, a resolution of the City Council of the City of Redding approving the filing of a Joint Application with the Shasta Natural Science Association for an Urban Streams Restoration Grant to be utilized on Sulphur Creek. Set Public Hearing - re Modification of Variance Application V-4-94 and Withdrawal of Use Permit UP-17-94 by Donald Nelson (7051 Riverside Drive) (L-010-390) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., March 21, 1995, to consider the request to modify the line of fill allowed under Variance Application V-4-94 and, if approved, withdraw Use Permit UP-17-94, which granted reduced setbacks from the 100-year floodplain of the river. Tentative Subdivision Map - La Rinconada Estates (S-9-94), by James Huber (S-101-013) 3 03/07/95 It is the recommendation of the Acting Planning Director that the City Council accept the report regarding Tentative Subdivision Map S-9-94, La Rinconada Estates, by James Huber, whereby the Planning Commission granted permission to subdivide 21.5 acres into 21 single-family residential lots and 7.93 acres designated remainder parcel. Resolution - re Filing of Application with Economic Development Administration for grant for Turtle Bay Park and Museum (G-100-170) It is the recommendation of the Acting Planning Director that Resolution No. 95-059 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of an application with the Economic Development Administration, United States Department of Commerce, United States of America, for a grant in the amount of $1,600,000 under the terms of the Public Works and Economic Development Act of 1965, as amended, for the Turtle Bay Park and Museum. Street Banner Schedule Update for 1995 (U-500-850) It is the recommendation of the Director of Administrative Services that the street banner schedule for 1995 be updated to include the following: Sponsor Week of Event Employment Development Dept. April 17 Job Expo 95 Shasta County Dept. of Social Services June 26 Foster Parent Recruitment Camp Fire Boys and Girls October 9 Bowl-athon Shasta County Dept. of Social Services November 20 Foster Care Resolution - Adding classification of Secretary to the City Manager to Executive Management Pay-for-Performance Salary Plan Resolution - Amending Memorandum of Understanding with REO/SEIU Confidential Employees' Unit deleting classification of Administrative Assistant to the City Manager * (P-100-050-125 & P-100-320) It is the recommendation of the Director of Administrative Services that Resolution No. 95-060 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 95-042 as of midnight, February 25, 1995,; and establishing a new Executive Management Pay-for- Performance Salary Plan for Unrepresented Employees effective February 26, 1995, adding the classification of Secretary to the City Manager. It is further recommended that Resolution No. 95-061 be adopted, a resolution of the City Council of the City of Redding amending Exhibits B-2, B-3, and B-4 to the Redding Employees Organization of the Service Employees International Unit Confidential Employees' Unit Memorandum of Understanding deleting the classification of Administrative Assistant to the City Manager effective February 25, 1995. Resolution - Appropriating funds for purchase of tools and equipment for fire engines and approving reimbursement from Buckeye Fire Protection District * (B-130-070 & P-150-070-700) It is the recommendation of the Fire Chief that Resolution No. 95-062 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 51st amendment to City Budget Resolution No. 94-199 appropriating $10,000 for small tools and equipment and authorizing reimbursement from Buckeye Fire Protection District. Award of Bid - Bid Schedule No. 2907, Solid Waste Containers (B-050-100 & S-020-100) It is the recommendation of the Director of General Services that Bid Schedule No. 2907, solid waste containers, be awarded to the low bidder, Consolidated Fabricators, in the amount of $57,719.81. Funds for this purchase are contained in the 1994-95 fiscal year budget. Resolution - Authorizing destruction of documents (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 95-063 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain records. 4 03/07/95 Resolution - Appropriating funds for contractual obligations relative to AS400 Model B60 * (B-130-070 & A-070-090) It is the recommendation of the Director of Administrative Services that Resolution No. 95-064 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 50th amendment to City Budget Resolution No. 94-199 appropriating $38,600 for five capital lease equipment payments relative to the AS400 Model B60. Resolution - Approving street closures for Kool April Nites Parade (P-010-050 & P-030-250) It is the recommendation of the Director of Public Works that Resolution No. 95-065 be adopted, a resolution of the City Council of the City of Redding pertaining to the 5:00 p.m. to 10:00 p.m. closure of Parade Route 1 for the Kool April Nites Parade on April 14, 1995. Purchase Order - re Gas Main relocation work on Abernathy Lane in conjunction with the Corporation Yard, Bid Schedule No. 2818 (B-050-020 & C-050-100-040) It is the recommendation of the Director of Public Works that the City Council authorize the issuance of a Purchase Order to Pacific Gas & Electric (PG&E) for gas main relocation work on Abernathy Lane in conjunction with the Corporation Yard, Bid Schedule No. 2818. Funds to cover this additional work are available from the Corporation Yard and Solid Waste Transfer Station bond proceeds. Notice of Completion - Bid Schedule No. 2809, Materials Recovery Facility & Transfer Station Pre-Engineered Building Systems (B-050-020 & S-020-650) It is the recommendation of the Director of Public Works that Bid Schedule No. 2809 (Job No. 2009), Material Recovery Facility & Transfer Station Pre-Engineered Building Systems, awarded to Gary Mitchell Construction, Inc., be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $1,019,248.76. Acceptance of Final Map - Country Heights Subdivision, Unit 10 (S-41-90) (North of Canyon Creek Road at the north end of Starburst Drive) (S-100-108) It is the recommendation of the Director of Public Works that the Final Map for Country Heights Subdivision, Unit 10, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk instructed to file the map with the Shasta County Recorder. Resolution - Prohibiting parking for Rodeo Week celebrations May 15, 1995, through May 20, 1995 (P-010-100 & P-030-250) It is the recommendation of the Director of Public Works that Resolution No. 95-066 be adopted, a resolution of the City Council of the City of Redding authorizing street closures in association with the Redding Rodeo Association's and Asphalt Cowboys' 47th Annual Rodeo Week Celebrations to be held May 15 through May 20, 1995. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that all the foregoing items on the Consent Calendar be accepted, 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. 95-056, 95-057, 95-058, 95-059, 95-060, 95-061, 95-062, 95-063, 95-064, 95-065 and 95-066 are on file in the office of the City Clerk. RESIGNATION - Planning Commissioner Kelly Combs (B-080-300) MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, to accept the resignation of Planning Commissioner Kelly Combs effective April 30, 1995. The Vote: Unanimous Ayes 5 03/07/95 RESIGNATION - Redding Community Access Corporation Board of Director Namaste' (B-080-120) MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, to accept the resignation of Redding Community Access Corporation Board of Director Namaste' effective immediately. The Vote: Unanimous Ayes RESIGNATIONS - Senior Citizens Facility Advisory Commissioners William Seiffert and Al Ehrhardt (B-080-450) MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to accept the resignations of Senior Citizens Facility Advisory Commissioners William Seiffert and Al Ehrhardt effective immediately. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re General Plan Amendment Application GPA-7- 94, by Howard Taylor (888 Mercedes Lane) (G-030-010) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding General Plan Amendment Application GPA-7-94. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Planning Commission recommendation dated February 22, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning Director Keaney recalled the Planning Commission, at its meeting of January 24, 1995, recommended approval of a General Plan amendment to reclassify a five-acre parcel located at 888 Mercedes Lane from "Residential, 9.0 units per acre" and "Greenway" to "Residential, 12.0 units per acre" and "Greenway." He explained the request is precipitated by Lot Split LS-19-94 approved by the Board of Administrative Review (BAR) on January 25, 1995. With the proposed lot split, a total of five lots would be created at the terminus of Mercedes Lane, which exceeds the allotted density credit by one unit. He noted BAR's approval of LS-19-94 limits each lot to a single-family residence. Mr. Keaney explained the item was continued at the February 21, 1995, meeting to allow time to address the issue of a deed restriction placed on the property in 1988. The restriction placed a maximum density of 36 total units for property fronting Mercedes Lane (Parcel 2 of Lot Split LS-49-88). The restriction was recorded by the City at the request of The McConnell Trust, who owned the land in 1988. The City is listed on the deed restriction as a third-party beneficiary with the power of enforcement. He stated the General Plan Amendment cannot be approved unless the density limitation is lifted or modified. The McConnell Trust has no opposition to an amendment to the deed restriction which would allow one additional single-family lot. It is the recommendation of staff that the City Council conceptually approve the amendment, ratify the Negative Declaration, and direct staff to submit the necessary resolution for adoption after the deed restriction has been amended. Virgil Weld, representing the applicant, supported staff's recommendation. Mayor R. Anderson determined there were no additional individuals present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to conceptually approve General Plan Amendment GPA-7-94 to reclassify property at 888 Mercedes Lane to "Residential, 12.0 units per acre" and "Greenway," direct staff to submit the necessary resolution for adoption after the deed restriction has been amended, and make the following findings: 1. Project is compatible with the Redding General Plan; 6 03/07/95 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 December 28, 1994. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-9-94, by Caryn Rhoads (East of Twin View Boulevard, west of Salt Creek, and north of 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-9-94. 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 February 23, 1995 City Clerk Strohmayer advised that no protests were received. City Manager Warren stated that he had the opportunity to meet with Mr. Levenson, the adjacent property owner to the property in question. Mr. Warren requested the public hearing be continued to April 4, 1995, to permit him to meet with Mr. and Mrs. Rhoads and determine if some type of resolution can be reached between these two property owners. He noted that Mrs. Rhoads has requested the hearing only be continued for two weeks; however, given the nature of the matter, he believed four weeks was necessary. Council Member Murray questioned the time constraints associated with the abandonment application. Interim City Attorney Calkins was not aware of any statutory time constraints associated with this type of application. Assistant City Manager Perry noted the City would still be within the timeline requirements set by the California Environmental Quality Act (CEQA) if the hearing were continued to April 4, 1995. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, to continue the public hearing regarding Abandonment Application A-9-94, by Caryn Rhoads, to April 4, 1995. The Vote: Unanimous Ayes APPOINTMENT - Recreation and Parks Commission (B-080-350) MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to appoint Leo Graham to the Recreation and Parks Commission to fill an unexpired term through May 1, 1995. The Vote: Unanimous Ayes APPOINTMENT - Redding Community Access Corporation and Planning Commission (B-080-120 & B-080-300) Due to legal posting requirements, Mayor R. Anderson stated it would be necessary to delay the appointment of a representative to both Redding Community Access and the Planning Commission until March 21, 1995. REPORT REGARDING ELECTRIC JOINT POWERS AGREEMENTS * (L-040-070 & L-040-300 & E-120 & E-120-500 & E-120-250 & E-120-400 & E-120-900) Council Member Murray read his comments into the record, incorporated herein by reference, outlining various legislative matters which may affect the City's electrical rates. Mr. Murray stated that the City's ability to offer low cost power to the residents of Redding is under serious attack at both the state and federal levels. He explained the California Public Utilities Commission (CPUC) issued an order in April 1994 to "investigate policies governing restructuring California electric service industry and reforming regulation thereof." This action has resulted in several proposals being recommended to "deregulate" the power industry. He indicated that, although the City is not regulated by the CPUC, much of the power 7 03/07/95 it receives comes through independent producers which are regulated, i.e., San Diego Gas & Electric, Southern California Edison, and Pacific Gas & Electric. He related that virtually every scenario put forward as a "deregulation proposal" will have a negative impact on the City's electric rates. The CPUC has promised to provide a proposed policy decision on March 22, 1995. Mr. Murray further related the City's power rates are directly under attack by the federal government by President Clinton's proposal to sell the Power Marketing Administrations (PMA). Under this proposal, the Western Area Power Administration (WAPA), which is the City's primary supplier of power, would be up for sale. WAPA is the marketing division which sells power generated by Shasta and Keswick Dams and also owns the transmission grid that delivers power throughout the western United States. WAPA does not, however, own the generators at Shasta and Keswick Dams and are not currently being proposed for sale by the administration. Mr. Murray stated that through the City's involvement in the various joint power agencies, as well as the American Public Power Association, two courses of action are being taken: 1) Strongly lobby against the sale of WAPA on the basis it makes no fiscal sense to do so. The PMA's make money, and if the federal government wants to sell an asset, it should focus on those which lose money; and 2) Determine a way to purchase WAPA if the lobbying effort fails. If WAPA is purchased, the City's power rates will potentially go up to offset the increase in interest on the assumed debt. If WAPA is not purchased, rates will go up to cover the interest increase, as well as profits realized by a buyer such as PG&E, Chevron Oil, or some other company. Mr. Murray noted President Clinton's proposal is to sell the PMAs for the net remaining debt. There is, however, a strong Republican move afoot to sell both the PMAs, as well as the generators and dams. Furthermore, the Republican proposals include selling these federal assets not at remaining debt value, but at current market value. He stated that such a sale would be disastrous for Redding and other municipal rate payers. Several water associations in California have banded together to form a joint powers agency to buy the dams if they are put up for sale. The City, through the Northern California Power Agency (NCPA), is currently studying whether or not it would be in the City's best interest to align with this joint powers agency. Mr. Murray related that both he and the City electric staff are monitoring the situation closely and participating in all lobbying and negotiation efforts. He suggested the City Council and individuals in the community write letters opposing the sale of federally-owned power generation and distribution facilities. The City has committed a significant amount of resources, both money and manpower, to protect its electric utility. Both the state and federal proposals will probably result in significant rate increases for City residents. Mayor R. Anderson viewed the federal government's selling of these major assets as a short-term cure, but indicated the long-term effect would mean higher utility rates for the citizens. In response to City Manager Warren, Mr. Murray presumed Congress' answer to President Clinton's proposal would be known prior to the adoption of the federal budget. He did not believe Congressman Herger had taken a position on the issue. It was the consensus of the City Council that the Mayor send a letter to the City's legislative representatives opposing the sale of WAPA. RETIREMENT OF FIRE CHIEF (P-100-060) City Manager Warren announced the intention of Fire Chief Bailey to retire July 1, 1995. He stated that he planned an open and promotional recruitment where individuals inside the organization and qualified candidates outside the area may apply. He anticipated conducting interviews in June and making an appointment soon thereafter. 8 03/07/95 REQUEST FOR WATER SERVICE BY REDDING RANCHERIA (W-030-500) Assistant City Manager Perry recalled the City Council approved temporary water service for the Redding Rancheria (Rancheria) in August 1994 due to methane in the well water serving the area. At that time, staff was directed to develop a long-term agreement with the Rancheria which covered various issues. A draft agreement was submitted to the Rancheria on December 22, 1994. After receipt of the draft agreement, the Rancheria submitted a letter setting forth a desire to have the City furnish only water and asking that the matter be placed on the City Council agenda if staff felt it could not negotiate just a water service agreement. Given City policies regarding services outside the City, staff believed it necessary to seek more than a water service agreement. Mr. Perry indicated that given the position of the Rancheria with respect to annexation or assigning certain rights to the City, the issue becomes one of all or nothing. The Rancheria's three main reasons to obtain water services without annexation are the health and safety of residents in the Rancheria, the retention/creation of jobs, and the preservation of Native American rights through a general purpose government. With the temporary water service connection, the City has solved the immediate problems. There are probably ways for the Rancheria to develop water without the City, including new wells, water treatment, or acquiring water rights to Clear Creek. As a comparison, the City is probably the most cost-effective solution, provides the best backup, and provides necessary fire flows for more intensive uses to reduce the cost of fire insurance. Mr. Perry stated that staff views the efforts of the Tribal Council as an economic development opportunity and does not see any reason for the City to encourage development outside the City by extension of water service for uses that are in competition with uses in the City and which do not contribute to the funding of services provided by the City. He opined the efficiencies of scale, the quality of services, the health and safety of residents, and the implementation of similar standards can be agreed upon in a manner that will not diminish essential tribal rights nor set up a duplicate service structure for just a 30-acre area. Mr. Perry related the Rancheria and the City are either one community or they are not. If they are not and there is not any benefit to the residents of the City in providing service to the Rancheria, then there is not any reason to provide the services. The City is not in the business to facilitate commercial development outside the City; it is in the business to provide services to its citizens and residents and those who invest in the City. For the benefit of both parties, staff believes the City Council should either offer to provide water service generally subject to the terms outlined in the draft agreement or require annexation and subordination of the Rancheria to services and rules and regulations the same as anywhere else in the City to obtain any City service. City Manager Warren recommended the City Council only authorize staff to negotiate an agreement which would allow City standards to be applied to the Rancheria and would require all costs associated with servicing the area be paid by the Rancheria. Joe Murphy, 1939 Redding Rancheria Road, Redding Rancheria Project Director for Economic Development, communicated the importance of having government-to-government communication. He stated the casino has permitted tribal members to gain self-esteem, as well as the ability to obtain employment elsewhere in the community. He also conveyed the importance of the tribe's land to its members. He cited problems which would develop having to abide by all City ordinances, i.e., obtaining a fire permit for the weekly "sweats," which he viewed as having to obtain a permit to pray. He cited a newspaper article which he believed summed up the problems associated with the City annexing the Rancheria. He asked the City Council to direct staff to negotiate a straight government-to-government agreement for water service only with 9 03/07/95 conditions which address the City's concerns regarding the Rancheria's outside impacts on the surrounding community. In response to Council Member Murray, Mr. Murphy stated that he is no longer a member of the Tribal Council. David Rapport, legal counsel for the Redding Rancheria, viewed annexation as detrimental to both parties and believed it complicated the agreement negotiation process by creating legal uncertainties which cannot be resolved by either party. Citing the recent article regarding Yolo County, he explained that particular property is owned by the tribe; therefore, the tribe can enter into a contract adopting certain development standards. The Redding Rancheria, however, is comprised of multiple property owners and the tribe cannot confer jurisdiction on the City by agreement or any other means. He explained that if the City were to annex the Rancheria, it would be obligated to provide identical services to the Rancheria as it does to any other part of the City. Mr. Rapport recommended the development of a straight contractual agreement to furnish water or other utilities in exchange for the Rancheria agreeing to take steps to deal with the City's concerns regarding impacts which have been created by the Rancheria's activity. If the Rancheria fails to meet its obligation under this agreement, the City can then terminate service. He related the Rancheria is not opposed to negotiating any of the concerns identified by staff, as long as annexation is not required. He requested the City Council direct staff to negotiate an agreement which does not require annexation but addresses the City's concerns regarding activity on the Rancheria. In response to Council Member P. Anderson, Mr. Rapport stated that if water is not obtained from the City, the Rancheria will explore all other alternatives. He cited one possibility being the acquisition of contractual water rights under provisions of the Water Code and possibly make demand on the City to wheel the water to the Rancheria. Under this scenario, as long as the City has excess system capacity, the Rancheria would only be obligated to pay the City the actual cost of wheeling the water through its system. Council Member Murray cited Mr. Murphy's comment referencing government- to- government negotiations, yet no one from the Tribal Council addressed the City Council this evening. He related the City extended water service to the Rancheria for health and safety reasons and directed staff to negotiate an agreement in good faith. He viewed the City's December 22, 1994, proposal being rejected without further negotiation. He maintained that negotiation should occur on a staff-to- staff level. Mr. Rapport clarified that the tribe did not abort negotiations, but felt an impasse had been reached based on the fact that City staff believed annexation was a requirement. If annexation is not an absolute requirement, the tribe is prepared to continue negotiations and attempt to develop an agreement which both parties can equally recommend to their respective governing bodies. Mr. Warren stated this is the first he has heard the tribe was willing to negotiate on the other issues contained in the draft proposal. He believed it would be possible to reach an agreement if, in fact, the tribe was serious about meeting the City's concerns on costs and standards. Council Member Murray suggested the City Attorney's office be part of the City's negotiating team. Mayor R. Anderson assured the Tribal Council's representatives that staff would not be acting without City Council direction. Mr. Murphy explained that the Tribal Council Chairman, Bob Foreman, has attended all the water negotiation meetings but was unable to attend the meeting this evening. He apologized for his earlier comment regarding government-to-government communication and stated the intent behind the comment was to develop a straight contractual agreement which would be 10 03/07/95 used with any other governmental agency. He explained the tribe is required to provide services to its people and all available resources are currently being utilized in order to meet those needs. Mayor R. Anderson supported the concept of both parties working as one community to reach an acceptable agreement. It was the consensus of the City Council to continue contract negotiations and directed the City Attorney to become involved in said process. At the hour of 8:14 p.m., Vice Mayor Kehoe declared the meeting recessed. At the hour of 8:24 p.m., Vice Mayor Kehoe reconvened the meeting to regular session. SALE OF SURPLUS PROPERTY - (Northeast corner of Churn Creek Road and Mistletoe Lane) (C-070-200) Mayor R. Anderson abstained from discussion and voting on this matter. Assistant City Manager Perry recalled the City Council, at its meeting of January 17, 1995, declared the property on the northeast corner of Mistletoe Lane and Churn Creek Road as surplus. He explained the Redding Bank of Commerce has proposed to purchase the property and incorporate it into its parking and landscape plans. Mr. Perry stated the bank ordered an appraisal of the property, pursuant to the City Council's conceptual approval, which established the value at $60,000. The bank has requested a credit for some of the channel improvements it made against the value of the property. In reviewing the request, the channel improvements divide into three parts: 1) The northerly part of the channel along Churn Creek Road was done to obtain direct access to Churn Creek Road and to not have a fence between the bank and the street. Staff does not feel the bank should get a credit for this portion; 2) The middle portion of the channel is proposed to be used as parking for the bank. Since the bank will be getting use of this area, staff also feels there should not be a credit for this section; and 3) The southerly portion of the channel, or the 40 feet nearest Canby Road, could have been left open and fenced. The fact that the bank covered the area, even if it did not acquire the property nor use the area for parking, certainly is an aesthetic benefit and for which staff believes a credit could be given in the amount of $40,000, since it added value to the remaining City property worth about four parking spaces. It is the recommendation of staff that the City Council agree to sell the surplus property for $20,000 subject to the following conditions: 1) waiver of access rights to adjacent streets from the portion of the property south of the covered channel; 2) property line is to be established at 9.5 feet behind the back of curb; and 3) public service easements are to be retained for the drainage channel and water, sewer, cable TV, and telephone lines which exist in the area of sale. The sale of the property also eliminates landscape maintenance cost to the City and will put the property back on the tax roll. While the property could be put out to bid, staff does not believe driveways near the intersection of Churn Creek Road and Mistletoe Lane are in the public's interest. Council Member Murray stated he reviewed the appraisal made on this subject parcel and the appraiser indicates the parcel's only value is plottage value, therefore, there is no way of knowing the property's independent value to the bank. He questioned why the City was treating this parcel different from other abandonments, whereby the property is given to the adjoining property owner. Mr. Perry explained that typically when a street is abandoned, City policy has been to trade for improvements which would not otherwise have occurred as quickly. He cited an instance where the Redding Redevelopment Agency, subject to the City Council's approval, traded 11 03/07/95 surplus property, valued at $95,000, in exchange for formal drainage improvements, which exceeded the value of the property, at the time of development. Interim City Attorney Calkins noted that abandonment law has specific provisions regarding what occurs to the underlying fee at the time property is abandoned by the City Council. He stated the general rule is that the underlying fee vests in the owner of the adjacent fee, however, that situation differs from this particular circumstance. Council Member McGeorge related that the improvements would not have occurred if they were not beneficial to the bank. He was not comfortable with relinquishing the property without due compensation. Council Member P. Anderson noted the bank's property value may be greater with this added area if the bank were to opt to sell its property at some point in the future. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, approving the sale of the City-owned surplus property located at the northeast corner of Churn Creek Road and Mistletoe Lane to the Redding Bank of Commerce for $20,000 subject to the following conditions: 1) waiver of access rights to adjacent streets from the portion of the property south of the covered channel; 2) property line is to be established at 9.5 feet behind the back of curb; and 3) public service easements are to be retained for the drainage channel and water, sewer, cable TV, and telephone lines which exist in the area of sale. Voting was as follows: Ayes: Council Members - P. Anderson, McGeorge and Kehoe Noes: Council Members - Murray Absent: Council Members - None Abstain: Council Members - R. Anderson Vice Mayor Kehoe turned the meeting back over to Mayor R. Anderson. MONTHLY FINANCIAL REPORT - January 1995 (B-130-070) Director of Administrative Services Starman provided an overview of the Report to City Council dated February 23, 1995, incorporated herein by reference, which detailed the Monthly Financial Report for January 1995. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, to accept the Monthly Financial Report for January 1995. The Vote: Unanimous Ayes RESOLUTION - Appropriating additional funds for plan checking * (B-130-070 & A-050-250-030) Acting Planning Director Keaney explained The McConnell Foundation requested that Pace Engineering be allowed to plan check the structural portion of its new office located at 800 Shasta View Drive. He stated the City has a policy of utilizing outside plan check consultants if the applicant so requests. The additional costs are paid fully by the applicant requesting this option. Mr. Keaney stated Pace Engineering estimated the total plan checking fees to be $15,000. The Foundation's representative had no problem with the fee and Pace was authorized to proceed. Due to incomplete structural plans and many resubmittals, the fees have spiraled to $19,281.41. Pace Engineering has notified the City there may be additional fees of $15,000 to complete the structural check. Mr. Keaney indicated Pace Engineering is paid directly by the City for the plan checking on this project. However, since this is at the Foundation's request, the City will be reimbursed for all costs paid to Pace Engineering, with these funds flowing directly to the General Fund. The consulting service budget has been depleted; therefore, it is the recommendation of staff that the City Council approve a budget amendment for an additional $30,000 to pay for outstanding and anticipating billings for projects through June 30, 1995. 12 03/07/95 In response to Council Member Murray, City Manager Warren stated staff would establish a trust account to eliminate the need for future appropriations. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 95-067 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 49th amendment to City Budget Resolution No. 94-199 appropriating $30,000 for plan checking expenditures. 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. 95-067 is on file in the office of the City Clerk. NOTICE OF COMPLETION - Bid Schedule No. 2731, Buckeye Water Treatment Plant (B-050-020 & W-030-600) Assistant City Engineer Aasen stated the construction of the Buckeye Water Treatment Plant, Bid Schedule No. 2731, awarded to Auburn Constructors, is now complete. He noted the project was completed on time and came in under the total projected budget of $6,338,850.00. He stated the original bid price was $6,037,000; and the final contract price is $6,069,712.83. Mr. Aasen expected the plant to be fully operational in approximately 30 days with dedication sometime in April 1995. It is the recommendation of staff that the City Council accept the project as satisfactorily completed and authorize the City Clerk to file a Notice of Completion. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that Bid Schedule No. 2731 (Job No. 9814), Buckeye Water Treatment Plant, be accepted as satisfactorily completed, and the City Clerk authorized to file a Notice of Completion. The Vote: Unanimous Ayes ORDINANCE NO. 2111 - Amending portions of the Redding Municipal Code Chapter 6.32, Vehicles for Hire (taxicabs, limousines) (T-100-150 & T-100-500) Interim City Attorney Calkins recalled that Council Member P. Anderson requested a report concerning amending the ordinance pertaining to vehicles for hire to require proof of licensing by the Public Utilities Commission (PUC) prior to a City permit being issued. Mr. Calkins indicated the City Attorney's Office reviewed the applicable statutory and regulatory background available and found no reference requiring a taxicab to be licensed by the PUC. The Transportation and Licensing Bureau of the PUC stated that the PUC does not license taxicabs, however, it does license limousines. Based on this information, it is recommended that the following language be added to Redding Municipal Code Section 6.32.070(d): If the vehicle is a limousine, it must be licensed by the California Public Utilities Commission (PUC); and the applicant must provide proof to the satisfaction of the City Clerk that he has a valid license issued by the PUC. It is the recommendation of staff that Ordinance No. 2111 be reoffered for first reading by title only and the full reading of said ordinance be waived. Council Member P. Anderson noted there are additional transportation activities which are regulated by the PUC and questioned whether the language should be more generic to include these other activities. Interim City Attorney Calkins replied that this specific section of the Redding Municipal Code refers to vehicles for hire and further defines limousines and taxicabs. He stated he would need to review Public Utilities Code Section 5353 to determine the other transportation 13 03/07/95 activities which are regulated by the PUC and amend any relevant provisions of the City's Municipal Code. Council Member P. Anderson requested staff, at some point in the future, to make the language contained in Section 6.32.070(d) more generic, rather than applying specifically to limousines. Council Member P. Anderson reoffered Ordinance No. 2111 for first reading, an ordinance of the City Council of the City of Redding amending portions of Redding Municipal Code Chapter 6.32, Vehicles for Hire, eliminating the need and necessity provision and requiring limousine companies to show proof of PUC licensing. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2111 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes James Fennell, 9225 Placer Street, provided the background history of the taxicab industry within the City of Redding. He welcomed competition and concurred with permitting the free market to determine the outcome of a business. ROUTINE REPORTS AND COMMUNICATIONS Notice from Federal Energy Regulation Commission to Portland General Electric Company re Docket No. ER95-414-000 (E-120-050) ADJOURNMENT There being no further business, at the hour of 8:56 p.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Clerk