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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-05-161 05/16/95 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California May 16, 1995 7:00 p.m. The Pledge of Allegiance to the flag was led by City Clerk Strohmayer. The invocation was offered by Pastor Ron Bridges, Anderson First Baptist Church. The meeting was called to order by Mayor Kehoe with the following Council Members present: P. Anderson, R. Anderson, McGeorge, Murray and Kehoe. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Director of Public Works Galusha, Acting Planning Director Keaney, Chief of Police Blankenship, Electric Utility Resources Manager Coleman, Director of Administrative Services Starman, Superintendent-Wastewater Craig, Electric Utility Resource Planner Gilfoy, Senior Planner King, Transportation Coordinator Duryee, Personnel Analyst Sciarra, Management Analyst Sciarra, Management Assistant to the City Manager Bachman, City Clerk Strohmayer, and Secretary to the City Council Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special Meeting of March 7, 1995 Regular Meeting of March 7, 1995 Regular Meeting of March 21, 1995 Special Meeting of April 4, 1995 Regular Meeting of April 4, 1995 Regular Meeting of April 18, 1995 Adjourned Regular Meeting of April 25, 1995 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register 21, for the period May 2, 1995, through May 11, 1995, check numbers 219537 through 219941 inclusive, in the amount of $1,213,103.24, and Payroll Register 23, check numbers 398418 through 399136 inclusive, and electronic deposit transactions numbers 23916 through 24128, totaling $1,194,656.21, for the period April 23, 1995, through May 6, 1995, be approved. TOTAL: $2,407,759.45 Ordinance No. 2126 - re Amending portions of Redding Municipal Code Chapter 18.64 entitled Environmental Review (L-050-500-050) It is recommended that Ordinance No. 2126 be adopted, an ordinance of the City Council of the City of Redding amending portions of Redding Municipal Code Chapter 18.64 entitled environmental review, thereby implementing 1993 and 1994 environmental legislation. Ordinance No. 2127 - re Amending Redding Municipal Code Section 10.20.035 to the Redding Municipal Code entitled Drug Free Zones (P-050 & P-150-150) It is recommended that Ordinance No. 2127 be adopted, an ordinance of the City Council of the City of Redding adding Section 10.20.035 to the Redding Municipal Code entitled Drug Free Zones. Disaster Assistance - re Federal Emergency Management Agency (P-150-050) It is the recommendation of the City Manager that the City Council designate the City Manager or his designee as the City' designated agency for submitting and obtaining disaster assistance from the Federal Emergency Management Agency (FEMA) and authorize the City Manager to submit the necessary Designation of Applicant's Agency Resolution to FEMA. 2 05/16/95 Support of Grant Proposal - re Automated Library System (L-050) It is the recommendation of the City Manager that the City Council authorize the Mayor to submit a letter to The McConnell Foundation supporting the Shasta County Library's grant request for an automated library system. Resolution - re Opposition to a portion of proposed regulations of Internal Revenue Service relative to Mello Roos Financing It is the recommendation of the City Manager that Resolution No. 95-121 be adopted, a resolution of the City Council of the City of Redding declaring its opposition to a portion of certain proposed regulations of the Internal Revenue Service with respect to private activity bonds and urging deletion of said portion of the proposed regulations which would affect the City's ability to utilize Mello Roos financing. Resolution - approving License Agreement with Exchange Club of Redding for Use of Redding Municipal Airport for Air Show '95 (A-090-100) It is the recommendation of the City Manager that Resolution No 95-122 be adopted, a resolution of the City Council of the City of Redding approving the License Agreement between the City of Redding and the Exchange Club of Redding for use of the Redding Municipal Airport during Air Show '95, and authorizing the Mayor to sign same. Resolution - Issuance of Tax and Revenue Anticipation Note (TRANS) for fiscal year 1995-1996 (D-050) It is the recommendation of the Director of Administrative Services that Resolution No. 95-123 be adopted, a resolution of the City Council of the City of Redding authorizing and approving the borrowing of funds for fiscal year 1995-1996; the issuance and sale of a 1995-1996 Tax and Revenue Anticipation Note therefor and participation in the California Communities Cash Flow Financing Program. Paper Acquisition - Fiscal Year 1995-96 (B-050-100) It is the recommendation of the Director of Administrative Services that the City Council approve the acquisition of paper products through the joint bid with the Shasta County Office of Education as follows: Construction Paper - Eastman $539.63; Computer Paper - Moore Business Forms, Inc. $15,401.69; and Bond and Xerographic Paper - Zellerbach $37,269.91. Annual Report - General Plan (G-100) It is the recommendation of the Acting Planning Director that the City Council accept the annual report on the General Plan. Set Public Hearing - re General Plan Amendment GPA-1-95, by Redding Transport and Distribution Systems (1156 Continental Street) (G-030-010) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., June 6, 1995, to consider the request to amend the General Plan from "Office" to "Service Commercial" on property located at 1156 Continental Street. Award of Bid - Bid Schedule No. 2917, 15kV URD Cable (#2, #4/O, 750 KCM and 1000 KCM Aluminum) (B-050-100) It is the recommendation of the Director of Electric Utility that Bid Schedule No. 2917, 15kV URD Cable (#2, #4/O, 750 KCM and 1000 KCM Aluminum) for fiscal year 1995-96, be awarded to Cablec Utility Cable Company, in the evaluated amount of $385,941.00. Funds for this purchase are included in the proposed 1995-96 budget. Award of Bid - Bid Schedule No. 2918, Treated Wood Poles (B-050-100) It is the recommendation of the Director of Electric Utility that Bid Schedule No. 2918, treated wood poles for fiscal year 1995-96, be awarded to Taylor Lumber & Treating, Inc., in the evaluated amount of 3 05/16/95 $85,662.00. Funds for this purchase are included in the proposed 1995- 96 budget. Award of Bid - Bid Schedule No. 2919, electric power metering equipment (B-050-100) It is the recommendation of the Director of Electric Utility that Bid Schedule No. 2919, electric power metering equipment for fiscal year 1995-96, be awarded as follows: 1) Bid Group 1 (single phase meters), WESCO Distribution, Inc., in the amount of $23,348; 2) Bid Group 2 (three phase meters), WESCO Distribution, Inc., in the amount of $17,773; and Bid Group 3 (instrument transformers), WESCO Distribution, Inc., in the amount of $6,223. Funds for these purchases are included in the proposed 1995-96 budget. Resolution - Authorizing destruction of certain documents (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 95-124 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain records. Notice of Completion - Bid Schedule No. 2815, Transfer Station/Materials Recovery Facility (B-050-020 & S-020-650) It is the recommendation of the Public Works Director that Bid Schedule No. 2815, transfer station/materials recovery facility, awarded to Baker Gifford Joint Venture, be accepted as satisfactorily completed, and the City Clerk authorized to file a Notice of Completion. The final contract price is $5,936,123.54. Agreement - with Mercy Healthcare North re Airpark/Placer Improvements (A-070-300 & S-070-100 & T-080-700) It is the recommendation of the Director of Public Works that the City Council authorize entering into an agreement with Mercy Healthcare North for the design, award and construction of the signalization of the Airpark/Placer intersection and the realignment of Airpark from Placer to Gold as one project, and by which the project costs will be shared in accordance with the conditions of approval for Use Permit UP-60-92. It is further recommended that the Public Works Department be authorized to advertise the project for construction bids in June 1995. Initiate Assessment District Proceedings - re Sewer system improvements in the Cascade Racquet Club Estates-Forest Hills Drive Sewer Assessment District (Forest Hills Drive off Argyle Road) Resolution - appropriating funds for preliminary engineering * (B-130-070 & A-170-100) It is the recommendation of the Director of Public Works that the City Council authorize staff to initiate assessment district proceedings for sewer system improvements in the Cascade Racquet Club Estates - Forest Hills Drive Sewer Assessment District. It is further recommended that Resolution No. 95-125 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 62nd amendment to City Budget Resolution No. 94-199 appropriating $10,000 for preliminary engineering for the proposed Forest Hills Drive Assessment District. Requests for Proposals - re Preliminary design of the expansion of the Clear Creek Treatment Plant Lift Station (W-010-450) It is the recommendation of staff that the City Council authorize staff to disseminate Request for Proposals for the design of the Clear Creek Treatment Plant Lift Station expansion. MOTION: Made by Council Member McGeorge, seconded by Council Member R. 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 4 05/16/95 Absent: Council Members - None Ordinance Nos. 2126, 2127 and Resolution Nos. 95-121, 95-122, 95-123, 95-124, and 95-125 are on file in the office of the City Clerk. - - - - - - - - - PUBLIC HEARING - re Landscape Maintenance District "A" (A-170-075-050) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding Landscape Maintenance District "A." 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 Staff recommendation dated May 5, 1995 City Clerk Strohmayer advised that no protests were received. Senior Planner King related the purpose of the public hearing is to accept testimony regarding the levying of the annual assessment for Landscape Maintenance District "A." He explained the annual assessment is based on the Engineer's Report which indicates that each property owner should pay an annual assessment of $18.87 for landscape maintenance for fiscal year 1995-96. Mr. King stated staff met with Fred Wilson, who spoke at the May 2, 1995, City Council meeting, and explained the Engineer's Report and the long-term advantage of district consolidation. He related that Mr. Wilson was satisfied with the findings; however, he felt a little more information should be included in the public hearing notice explaining how the cost was derived. He noted the difference between the proposed assessment and the assessment prior to consolidation is $1.00. It is the recommendation of staff that the City Council adopt a resolution levying the 1995-96 assessment for Landscape Maintenance District "A" at $18.87 per lot. In response to Council Member Murray, Mr. King related that staff is continually evaluating methods to reduce maintenance costs, i.e., plants, decorative concrete, etc. He stated that staff has developed a method to reduce maintenance by 50 percent, however, the up-front cost to the developer is greater due to the paved material. Council Member P. Anderson recommended contacting the Soil Conservation District for suggestions, as it installed plants for the Bella Vista Water District to demonstrate low water usage. Mayor Kehoe determined that there was no one present wishing to speak and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, that Resolution No. 95-126 be adopted, a resolution of the City Council of the City of Redding confirming the diagram and the $18.87 per lot assessment in Landscape Maintenance District "A" for fiscal year 1995-96, pursuant to the Landscaping and Lighting Act of 1972. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 95-126 is on file in the office of the City Clerk. PUBLIC HEARING - re Landscape Maintenance District "B" (A-170-075-051) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding Landscape Maintenance District "B." 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 Staff recommendation dated May 5, 1995 5 05/16/95 City Clerk Strohmayer advised that no protests were received. Senior Planner King related the purpose of the public hearing is to accept testimony regarding the levying of the annual assessment for Landscape Maintenance District "B." He explained the annual assessment is based on the Engineer's Report which indicates that each property owner should pay an annual assessment of $65.65 for landscape maintenance for fiscal year 1995-96. Mr. King stated staff met with Ralph Slane, who spoke at the May 2, 1995, City Council meeting, along with two of his neighbors, to discuss their concerns. Mr. King indicated that the Recreation and Parks Department is working with the contractor to resolve the maintenance issue. Staff also explained that the district consolidation will even out and possibly reduce the costs in the long term, particularly as new low-maintenance areas are added with the high ratio of lots. He noted that it is important to recognize that there will always be a certain amount of inequity in that some lots are far removed from the landscape within the subdivision and may even have a different entrance so they do not see the landscape. The point is, the overall neighborhood benefits in different ways and to different degrees. To isolate the degree of benefit relative to the cost of landscape maintenance would be difficult and a nightmare to administer, therefore, the law allows the legislative body to assume a uniform benefit and cost to the benefit to spread over all lots, as well as lots within noncontiguous subdivisions that are in a district. He noted the proposed assessment for East Redding Estates would be $33.00 more per lot had the consolidation not occurred. It is the recommendation of staff that the City Council adopt a resolution levying the 1995-96 assessment for Landscape Maintenance District "B" at $65.65 per lot. Ralph Slane, 2591 Ishi Drive, did not believe the assessment was distributed equitably. He viewed both the increased assessment and the 50 increase in administrative costs to be exorbitant. Mayor Kehoe determined that there were no further individuals present wishing to speak on the matter and closed the public hearing. Mr. King clarified that the total costs for District "B" are $43,224, of which $5,600 represents administrative costs. Council Member Murray related that last year's assessment for District "B" was approximately $26.00 due to the surplus of funds received from several subdivisions which comprise the district, thereby artificially lowering the rate for one year. He explained that absent the subsidy, the rate for the district has only increased approximately $4.00 this year. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, that Resolution No. 95-127 be adopted, a resolution of the City Council of the City of Redding confirming the diagram and the $65.65 per lot assessment in Landscape Maintenance District "B" for fiscal year 1995-96, pursuant to the Landscaping and Lighting Act of 1972. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 95-127 is on file in the office of the City Clerk. PUBLIC HEARING - re Landscape Maintenance District "C" (A-170-075-052) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding Landscape Maintenance District "C." The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing 6 05/16/95 Affidavit of Publication - Notice of Public Hearing Staff recommendation dated May 5, 1995 City Clerk Strohmayer advised that no protests were received. Senior Planner King related the purpose of the public hearing is to accept testimony regarding the levying of the annual assessment for Landscape Maintenance District "C." He explained the annual assessment is based on the Engineer's Report which indicates that each property owner should pay an annual assessment of $8.95 for landscape maintenance for fiscal year 1995-96. Mr. King explained that the assessment for District "C" is the lowest of the three districts for two reasons: 1) it acts as a temporary holding district for areas that either do not have landscape yet or the landscape is pending acceptance by the City. Once the landscape has been accepted, the area can be annexed to District "A" or "B." In the interim, the administrative cost of carrying the district is paid by lot owners; and 2) a few of the areas have a landscape maintenance cost that is very low relative to Districts "A" and "B." Mr. indicated that the annexation of Forest Homes Estates Subdivision, Phase 3, will add 58 assessed lots to the current 272 lots in District "C." It is the recommendation of staff that the City Council adopt a resolution levying the 1995-96 assessment for Landscape Maintenance District "C" at $8.95 per lot and approving the annexation of Forest Homes Estates Subdivision, Phase 3, into the district. Mayor Kehoe determined that there was no one present wishing to speak and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-128 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of additional territory, namely Forest Homes Estates Subdivision, Phase 3, into Landscape Maintenance District "C," and confirming the diagram and the $8.95 per lot assessment in Landscape Maintenance District "B" for fiscal year 1995-96, pursuant to the Landscaping and Lighting Act of 1972. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 95-128 is on file in the office of the City Clerk. PUBLIC HEARING - re Amendment to Redding Municipal Code Chapter 16.28, Swimming Pools (L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding the amendment to Redding Municipal Code Chapter 16.28, swimming pools. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated May 3, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning Director Keaney stated the proposed amendment to Redding Municipal Code Chapter 16.28 is in response to the expiration of emergency State legislation which went into effect in February 1994. After hearings by the Department of Housing and Community Development, Division of Codes and Standards, the State decided not to adopt the provisions of the emergency legislation on a permanent basis. The most controversial component of the State legislation was a requirement for either alarming any door that exits a residence toward a swimming pool or provision of an isolation fence around the pool in addition to the property-line fence. 7 05/16/95 Mr. Keaney explained the City responded to the emergency State legislation by amending Chapter 16.28 to reference requirements of the Uniform Building Code (UBC), which mirrored the State's emergency regulation. Expiration of the State legislation did not affect the UBC, resulting in the City's having more stringent requirements than mandated by the State, which was not the City Council's intent. Staff is proposing to amend the Code to reflect expiration of the State requirement for door alarms or an isolation fence. Mr. Keaney further stated the proposed amendments include specific construction standards for property-line fencing and access gates. These additions to the code are in response to the most commonly asked questions by local pool builders. A provision for substitute barriers under special circumstances by approval of the Board of Appeals is also included. It is the recommendation of staff that the City Council ratify the Negative Declaration and offer the ordinance for first reading by title only, thereby providing consistency with the State's action to eliminate the requirement for door alarms or an isolation fence and respond to the local desire for clarification of property-line fencing construction standards, and waive the full reading of said ordinance. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to approve the amendments to Redding Municipal Code Chapter 16.28 and make the following findings: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on April 12, 1995. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2128 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 16.28 entitled Swimming Pools, thereby providing consistency with the State's action to eliminate the requirement for door alarms or an isolation fence and respond to the local desire for clarification of property-line fencing construction standards. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2128 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes PUBLIC HEARING - re Request from John Hoeflich for a Public Transit Operating Permit (T-100-070) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding the application for a Public Transit Operating Permit by John Hoeflich. 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 Staff recommendation dated May 9, 1995 City Clerk Strohmayer advised that no protests were received. Director of Public Works Galusha stated that John Hoeflich has filed an Application for a Public Transit Operating Permit in conformance with Redding Municipal Code Chapter 6.28. The City Council is required to determine whether public convenience and necessity require that such a permit be granted. Mr. Galusha indicated that a review of the data submitted by Mr. Hoeflich does not demonstrate that public convenience and necessity exists to grant a permit. In fact, Mr. Hoeflich's hours of operation and requested route overlaps that of the Redding Area Bus Authority. 8 05/16/95 Mr. Galusha explained that the burden of proof with regard to providing documentation that a public need exists is with the applicant. Based on the information submitted to date, staff is not in a position to recommend approval to grant a permit to operate a public transportation system in an area currently being served by the Redding Area Bus Authority. Therefore, it is the recommendation of staff that the request be denied based on a lack of demonstration of public convenience and necessity exists. Mayor Kehoe determined there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, to deny John Hoeflich's request for a Public Transportation Operating Permit. The Vote: Unanimous Ayes CAPITAL IMPROVEMENT PLAN 1995-2000 (B-130-010) City Manager Warren recalled the City Council met earlier this year to review the Capital Improvement Plan (CIP) by department and by fund. Mr. Warren submitted the resultant CIP document which illustrates the projects that the City will be completing over the next five year period, the estimated amount of the project, the funding source, and the revenue stream. It is recommended that the City Council accept the Capital Improvement Plan as a living document which will change as the City's desires, income, and goals change in the upcoming year. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to accept the Capital Improvement Plan for 1995-2000 as a living document. The Vote: Unanimous Ayes ASSEMBLY BILL 1202 (L-040-070) Mayor Kehoe stated he is an officer of the U.S. Forest Service which wrote a letter to the Chairman of the Assembly Committee on Utilities and Commerce indicating strong support for the goal of Assembly Bill 1202. He related that the City Attorney has opined that neither a conflict of interest is apparent nor exists; therefore, he will participate in the discussion this evening. City Manager Warren stated that on February 23, 1995, California State Assemblyman Tom Woods introduced AB1202 to the Assembly Committee on Utilities and Commerce. The bill would require the California Public Utilities Commission (CPUC) and other regulatory agencies to effect rules and regulations mandating that a certain amount of the electricity generated in California be derived from biomass-fueled power plants located in California. Mr. Warren related Congress enacted the Public Utilities Regulatory Policy Act (PURPA) in 1978. One of the intents of PURPA was to promote the development of alternative and renewable electric resources. As a result of recent Federal Energy Regulatory Commission (FERC) action, however, conditions under which PURPA mandates are applied in California will be changing. He highlighted the Report to City Council dated May 12, 1995, incorporated herein by reference, which detailed AB1202's impact on electric rates, not only within the City of Redding, but throughout California, as well as comments from various organizations with interests in the outcome of a vote. Mr. Warren noted the following positive aspects associated with the proposed bill: 1) assist with unemployment in the timber industry and potential unemployment in the biomass industry; 2) cleans up the forests; and 3) eliminates material being placed in landfills. Conversely, he noted the following negative aspects: 1) $0.50 per month increase in electric rates for the average residence; and 2) it would impact traditional local control over municipal-owned utilities. He explained that one alternative would be to exclude municipally-owned power utilities, as not one of the 24 City-owned utilities, which generate approximately 20 percent of the State's electricity, is believed to utilize biomass generated power. 9 05/16/95 Mr. Warren explained the report is being provided primarily to keep the City Council informed on the bill. The Electric Department believes that AB1202 conceivably could cost the City an additional $500,000 per year, or $0.50 per month for the average electric ratepayer. Therefore, the Electric Department respectfully recommends that, at this time, the City go on record as opposing this bill until the impacts of the restructuring of California's electric utility industry are further defined. Milton Schultz, Manager of Burney Forest Products, Steve Jolly, 30094 Forest Hills Drive, Melinda Brown, Chair of the Shasta-Tehama Bi-Region Council, and Bill Carlson, representing Wheelabrator Shasta Energy Co., Inc., spoke in support of AB1202 for the following reasons: 1) waste reduction - The biomass plants consume more than 7.5 million tons of waste from wood-product facilities, agricultural residues, urban wood waste, and forest management residues. This equates to approximately 20 percent of all the waste which goes into landfills each year in California; 2) Shasta County has five operating biomass plants with a total capacity of 115 megawatts per hour and represent an investment of $200,000,000; 3) employment - Industry provides 150 direct jobs and another 200 jobs, i.e., truck drivers, loggers, etc., who are dependent upon the operations; 4) health of the forests; 5) forest fire reduction; 6) air pollution reduction; 7) fuel diversity; 8) provides alternate energy benefits; 9) benefits of biomass energy far outweigh the projected monthly utility bill increase of $0.50 per month; and 10) property tax revenue collected from biomass facilities. The City Council was requested to appoint a representative to work with Assemblyman Woods and members of the biomass industry to reach a meaningful solution to this problem. Council Member Murray explained that Assemblyman Wood's bill has two parts: 1) benefits inherent with using biomass fuel; and 2) who is expected to pay for this source of energy. He explained how and why biomass plants came into existence. He noted that the City's electric utility is not regulated by the California PUC and is locally controlled and sets its own rates and regulations. He related that the City entered into a 40-year contract to purchase coal-fired energy from San Juan, New Mexico, in an attempt to find alternative fuel sources as required by PURPA. This fuel costs City residents approximately $0.07 to $0.08 per kilowatt hour. He indicated that unfortunately even though the price of energy has dropped drastically due to the deregulation of gas companies and the abundance of hydropower, the City's ratepayers will continue to pay the $0.07 to $0.08 per kilowatt hour until the San Juan, New Mexico contract expires. He conveyed that the independently- owned utilities such as PG&E will experience a reduction in rates even under Assemblyman Woods' bill. Council Member Murray understood and appreciated the goals and motives of Assembly Bill 1202 with regard to the benefits provided by the biomass energy producers. He was not, however, convinced that the price ought to be borne by City ratepayers, while PG&E ratepayers experienced a reduction in rates. Council Member Murray recommended writing a letter to Assemblyman Wood's stating the City is not in support of AB1202 as currently written, however, is willing to discuss modifications which would benefit the City's ratepayers. Mayor Kehoe acknowledged that while everyone supports the benefits provided by the biomass industry, the question remains who is going to pay for these benefits. He concurred with Council Member Murray's recommendation to meet with Assemblyman Woods to discuss modifications to the proposed legislation. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, directing the Mayor to send a letter opposing Assembly Bill 1202 in its current form and offering to work with Assemblyman Woods and representatives of the biomass-fuel industry to modify the bill to better serve the ratepayers of the City of Redding. The Vote: Unanimous Ayes 10 05/16/95 At the hour of 8:15 p.m., Mayor Kehoe declared the meeting recessed. At the hour of 8:27 p.m., Mayor Kehoe reconvened the meeting. EMERGENCY ROADSIDE CALL BOX PROGRAM FOR SHASTA COUNTY (P-150) Assistant City Manager Perry provided an overview of the Report to City Council dated May 8, 1995, incorporated herein by reference, discussing the following issues associated with installing emergency roadside call boxes in Shasta County: location; enactment of $1.00 surcharge on vehicles; use of funds; telephone; benefit; and detriment. City Manager Warren noted the pros and cons associated with the program. He noted that while the fee is only $1.00, any cost should be carefully scrutinized. Based on a report provided by the Superior California Economic Development District, the average unemployment in Modoc, Shasta, Siskiyou and Trinity counties for 1994-95 ranged from 11.36 percent to 15.54 percent. He related an additional alternative would be to conduct a survey to determine the public's interest in such a program. In response to Council Member McGeorge, Mr. Perry stated that staff could contact cellular telephone providers to determine if they maintain statistics regarding the number of telephones in Shasta County. Bill Oliver, NORCAL-EMS Call Box Coordinator, stated that NORCAL-EMS is a regional non-profit agency responsible for emergency medical services in the northern 11 counties. He indicated that due to large stretches of state highways and the interstate system which are not patrolled by the California Highway Patrol (CHP) on a 24-hour basis, motorists are exposed to higher safety risks without a call box program. He noted that the 30 counties which have adopted the call box program account for approximately 83 percent of the registered vehicles in California. He stressed that NORCAL-EMS does not have a financial interest in the call boxes, but is only recommending the implementation of the program. Kathy Larson, Data Systems Manager for NORCAL-EMS, explained how the call box program came into existence on the north coast and the importance of such a call program to the emergency medical personnel and their ability to save lives. She stressed in most areas where an emergency call box is needed, there is no signal for cellular telephone users; however, the call boxes can be wired directly into a telephone system. She related there are currently 39 sponsors in Shasta County ready to provide the necessary funding to install a call box. In response to Council Member Murray, Ms. Larson stated she could obtain data comparing the rural areas of California to Shasta County. Mr. Oliver explained that Senate Bill 1199 requires counties and cities to pass a resolution to adopt the Service Authority for Freeways and Expressways (SAFE). The County Board of Supervisors then appoints a Service Authority to act as the administrator of the program. The Service Authority notifies the Department of Motor Vehicles (DMV) to begin the $1.00 per vehicle assessment and determine the number of boxes for installation. Once the desired number of boxes is achieved, the DMV can be requested to reduce the assessment to cover maintenance only or discontinue the assessment. He related that the $1.00 per vehicle assessment in Shasta County equates to $166,000 annually. He displayed a call box and explained that each box runs a daily self-diagnostic test. He noted that statewide statistics reveal that less than one percent of the 14,500 call boxes are vandalized. Additionally, there have been no liability claims filed in the state against any of the Service Authorities. He noted that Caltrans has approved a sign, similar to that of Adopt-a-Highway, whereby the donor's name of that particular call box is depicted above the box. In response to Council Member P. Anderson, Ms. Larson stated that Caltrans has guidelines based on annual traffic volumes for the Service Authority to follow regarding the placement of call boxes. 11 05/16/95 Mr. Oliver stated that currently seven percent of the rural county residents utilize cellular telephones. He noted that the $25 to $30 per month fee is what prohibits many individuals from utilizing cellular telephones. Mayor Kehoe questioned whether privately-purchased call boxes could be installed without City or County ratification. Mr. Oliver replied that the boxes could be installed; however, if the necessary maintenance funding is not provided, the boxes would have to be removed. In order for the CHP to assume the responsibility of answering the call boxes, the County would have to have a Service Authority in place. If another agency, i.e., SHASCOM, answered the call box telephone calls, the boxes would not be permitted on freeways or State highways. In response to Council Member P. Anderson, Mr. Perry stated that a survey could be included in the City's utility bill to determine community support for the program. Council Member R. Anderson concurred that a survey would be beneficial. Mayor Kehoe stated the correspondence he has received on the call box program is opposed to the imposition of the $1.00 assessment. Council Member Murray stated he had no interest in levying the $1.00 per vehicle assessment or conducting a survey. In response to Council Member McGeorge, Ms. Larson explained the $1.00 per vehicle assessment provides for the purchase of the call box, installation, administration of the program, cellular fees, and a maintenance program to ensure the telephones are operational. In response to Council Member McGeorge, Ms. Larson explained that maintenance and cellular access on each call box is approximately $20.00 per month. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, directed staff to prepare a survey for distribution with City utility bills in order to ascertain the community's interest in the call box program and requested staff to determine the maintenance costs if the call boxes were purchased by private donations. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson and McGeorge Noes: Council Members - Murray and Kehoe Absent: Council Members - None Council Member Murray opposed the survey because he did not believe it would provide accurate statistics. City Manager Warren stated the survey would be provided to the City Council for review prior to distribution. Mayor Kehoe assured that NORCAL-EMS would be kept up-to-date on the results of the survey. RESOLUTION - Property Tax Distribution (T-010-650) Assistant City Manager Perry related the Shasta County Board of Supervisors is requesting the City Council to adopt a resolution opposing the shift in the distribution of property tax that the State has caused to occur over the past several years. The shift has been from counties, cities, and special districts to schools. He provided an overview of the Report to City Council dated May 4, 1995, incorporated herein by reference, which illustrated the problems which have occurred. Mr. Perry summarized that these shifts in property tax distribution have equated the impact of Proposition 13, which dropped property tax revenue by $1,450,397. 12 05/16/95 It is the recommendation of staff that the City Council support the Shasta County Board of Supervisors' efforts and adopt the necessary resolution opposing the shift in property tax. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, that Resolution No. 95-129 be adopted, a resolution of the City Council of the City of Redding opposing the diversion of locally generated revenues to subsidize functions of the State of California. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 95-129 is on file in the office of the City Clerk. EXTENSION OF TEMPORARY WATER SERVICE AGREEMENT - Redding Rancheria (W-030-500) Assistant City Manager Perry recalled the City Council, in August 1994, authorized a temporary 120-day water service agreement for the Redding Rancheria. The agreement was extended for an additional 60 days on November 1, 1994, and February 21, 1995, and expired on April 21, 1995. He stated that representatives of the City and the Rancheria met on March 29, 1995, where the Rancheria's attorney offered to rewrite the proposal to better reflect the sovereign nation status of the Rancheria. He noted that staff did not have an opportunity to review the proposal received this afternoon. It is the recommendation of staff that a 90-day extension be granted subject to progress occurring in the negotiations. It is further recommended that staff be directed to submit a progress report at the June 20, 1995, City Council meeting, and, if an agreement is not obtained by that time, the temporary water service agreement would become null and void. City Manager Warren recalled the City Council indicated that annexation, while desirable, was not the main goal. The two goals the City Council spoke to were payment/reimbursement for all City services and building to the City Code. Therefore, he recommended the City Council take the following action: 1) The City Council reaffirm that the issues are future growth in accordance with City standards that are enforced by the Redding Rancheria Tribal Council; a limit on the intensity of use that could occur on the Rancheria; and payment for City services including water, sewer, police, fire, building inspection, and any other direct or indirect costs borne by the City in regard to Redding Rancheria operations; 2) Set a deadline of June 20 for an agreement in principle. If City staff cannot assure the City Council at the June 20 City Council meeting that there is an agreement in principle, notice will automatically be provided to Redding Rancheria that water will be discontinued as of July 21, 1995; 3) If an agreement in writing is not before the City Council at the first meeting in July and said agreement is not recommended and approved by the City Council at that meeting, water will be discontinued as of July 21, 1995; and 4) That the agreement contain a clause stating that the City has the right to discontinue service if there is a breach of the agreement. Lance Fredrickson, representing the Redding Rancheria, concurred with Mr. Warren's recommendation. In response to Council Member R. Anderson, City Attorney Wingate stated that Redding Rancheria representatives are aware there will be an increased cost for providing service outside the City limits. In response to Council Member Murray, City Attorney Wingate clarified that staff wants to be able to represent at the June 20, 1995, meeting that significant progress has been made to the point where the parties working on the document have reached an agreement in principle as to what is contained in the agreement and are prepared to take it to their respective legislative bodies. If such an agreement cannot be reached, service would be terminated on July 21, 1995. 13 05/16/95 Council Member McGeorge requested an update to also be provided at the June 6, 1995, meeting. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to reaffirm that the issues surrounding the agreement for providing water service to the Redding Rancheria are future growth in accordance with City standards that are enforced by the Redding Rancheria Trial Council; a limit on the intensity of use that could occur on the Rancheria; and payment for City services including water, sewer, police, fire, building inspection, and any other direct or indirect costs borne by the City in regard to Redding Rancheria operations; 2) set deadline of June 20 for an agreement in principle. If staff cannot assure the City Council at the June 20 meeting that there is an agreement in principle, notice will automatically be provided to Redding Rancheria that water will be discontinued as of July 21, 1995; 3) if an agreement is not before the City Council at the first meeting in July and said agreement is not recommended and approved by the City Council at that meeting, water will be discontinued as of July 21, 1995; 4) agreement is to contain a clause stating that the City has the right to discontinue service if there is a breach of the agreement; and 5) staff is to provide an update at the June 6, 1995, City Council meeting. The Vote: Unanimous Ayes AMENDMENT TO TIERRA OAKS ANNEXATION AND DEVELOPMENT AGREEMENT ORDINANCE NO. 2113 - re Planned Development Application PD-1-94, Tierra Oaks Planned Development, by Alan Hill ORDINANCE NO. 2114 - re Planned Development Application PD-2-94, Amendment to Tierra Oaks Villa, by Alan Hill (L-010-211-002 & L-010-210-789 & A-150-237) Council Member Murray abstained from discussion and voting on this item. Acting Planning Director Keaney recalled the City Council, at its meeting of February 21, 1995, granted approval of a request by Alan Hill to amend the Tierra Oaks Planned Development, PD-1-94, for the addition of 84 single-family residential lots within the subdivision and golf course project. At the same meeting, the City Council also approved Planned Development PD-2-94, Tierra Oaks Villa, granting Mr. Hill permission to create another 85 single-family residential lots on an adjoining 50-acre parcel previously identified as a remainder on the original Tierra Oaks map. Mr. Keaney explained that approval of the projects was predicated upon two necessary follow-up actions: 1) Amendment of paragraphs 1 and 3 of the Tierra Oaks Annexation and Development Agreement to change the maximum number of allowable residential sewer connections from 225 to 360. In addition, Mr. Hill and the Public Works Department desired to amend Paragraph 4 to revise the developer's maintenance obligation for the Tierra Oaks sewer lift station from $5,000 annually to $3,000 per year for the first three years of the operation only; and 2) Recording of an open-space easement, encompassing the Tierra Oaks Golf Course to allow transfer of General Plan residential density credit from the golf course to the two subdivisions. The density transfer was endorsed by the City Council upon approval of the two projects. The easement has been recorded through the City Attorney's Office. It is the recommendation of staff that the City Council approve the fifth amendment to the Tierra Oaks Annexation and Development Agreement by minute order, thereby amending Paragraphs 1, 3, and 4. It is further recommended that Ordinance Nos. 2113 and 2114 be adopted. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, to approve the Fifth Amendment to the Tierra Oaks Annexation and Development Agreement, thereby amending Paragraphs 1, 3 and 4. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, and Kehoe Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Murray MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, that Ordinance No. 2113 be adopted, an ordinance of the City 14 05/16/95 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 "PD" Planned Development subject to Conditions of Approval (PD-1-94). Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, and Kehoe Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Murray Ordinance No. 2113 is on file in the office of the City Clerk. MOTION: Made by Council Member P. Anderson, seconded by Council Member McGeorge, that Ordinance No. 2114 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 "PD" Planned Development subject to Conditions of Approval (PD-1-94). Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, and Kehoe Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Murray Ordinance No. 2114 is on file in the office of the City Clerk. AWARD OF BID - Bid Schedule No. 2903, Maintenance Contracts for Landscape Maintenance Districts "A," "B," and "C" (A-170-075-050 & A-170-075-051 & A-170-075-052) Acting Planning Director Keaney related that staff advertised for bids to perform the field maintenance for the three landscape maintenance districts. The low bid was received from Yard Manicurist, whose combination bid for all three districts was $31,992. He noted that the Yard Manicurist was also awarded the contract for the maintenance of the districts last year. To date, staff is satisfied that the firm is doing a reasonable job and fulfilling the requirements of the contract which is due to expire in July 1995. It is the recommendation of staff that the City Council award Bid Schedule No. 2903 to the Yard Manicurist for the following amounts: 1) District "A" - $15,540; 2) District "B" - $15,540; and 3) District "C" - $912. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to award Bid Schedule No. 2903, maintenance contracts for Landscape Maintenance Districts "A," "B," and "C," to the Yard Manicurist for the following amounts: 1) District "A" - $15,540; 2) District "B" - $15,540; and 3) District "C" - $912. The Vote: Unanimous Ayes ORDINANCE - re Amendment to Chapter 18.50 Uses Requiring Use Permits, 18.70 Permits, and 18.76 Revocation of Permit or Variance (L-010-390 & L-010-410 & L-050-500-050) Acting Planning Director Keaney recalled that the City Council requested that staff make changes to the proposed amendments to Chapter 18.50 Uses Requiring Use Permits, 18.70 Permit, and 18.76 Revocation of Permit or Variance for clarification. All the requested changes have been made, it is, therefore, the recommendation of staff that the City Council ratify the Negative Declaration, offer the ordinance for first reading by title only, and waive the full reading of said ordinance. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, that the City Council make the following findings regarding amendments to Redding Municipal Code Chapter 18.50, 18.70 and 18.76: 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 April 5, 1995. The Vote: Unanimous Ayes 15 05/16/95 Council Member Murray offered Ordinance No. 2129 for first reading, an ordinance of the City Council of the City of Redding amending portions of Redding Municipal Code Chapter 18, Zoning, specifically amendments to Chapter 18.50 Uses Requiring Use Permits, 18.70 Permits, and 18.76 Revocation of Permit or Variance. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2129 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 2920, Electronic Recording Meters (B-050-100) Electric Utility Resources Manager Coleman related that three bids were received for electronic recording meters. The apparent low bid was received from Maydwell & Hartzell; however, the bid was incomplete and did not meet the legal requirements. The apparent second low bid was received from General Electric Supply Co. which was also deemed incomplete and did not meet the legal requirements. The next lowest bid, which complied with the bid requirements, was received from Westinghouse Electrical Supply (WESCO) in the amount of $38,774. It is the recommendation of staff that the City Council award the bid to WESCO. Funds for this purchase are included in the proposed 1995-96 budget. Given the vast difference in the amount of the bids, Council Member R. Anderson was concerned with awarding the bid to the high bidder. Mr. Coleman pointed out that the two apparent low bidders did not bid on all the items. Additionally, the per unit cost of each and every item is lower for WESCO; therefore, in reality, WESCO is the low bidder. MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, that Bid Schedule No. 2920, electronic recording meters, be awarded to Westinghouse Electrical Supply Company (WESCO), in the amount of $38,774. The Vote: Unanimous Ayes RESOLUTION - Appropriating Funds for Public Works Engineering Division and Land Development and Transportation Division * (B-130-070 & A-050-300) Director of Public Works Galusha stated that both the Public Works Engineering Division and the Land Development and Transportation Division expenditures will exceed the City Council's authorized operating budget for 1994-95. It is anticipated that the Engineering Division will exceed its budget by $60,000 and the Land Development and Transportation Division by $140,000. Mr. Galusha explained that the over-budget condition in both Engineering and Land Development and Transportation is not the result of higher expenditures or spending, but is the result of: 1) a reduction in the cross-charging to other non-General Fund departments; 2) a decline in revenues from the inspection of private development; and 3) allocation of more staff time to General Fund activities. He related that City engineers and technicians cross-charge their time, which includes direct and indirect labor costs, plus a 50 percent overhead assessment against the capital projects on which staff performs work. He stated that through March 1995, cross-charging has been lower than anticipated, resulting in a net increase in expenditures and an increased need for General Fund support. Mr. Galusha provided an overview of the Report to City Council dated May 9, 1995, incorporated herein by reference, which further detailed reasons for the budget shortfalls. He noted that the Engineering Division had an additional expenditure of $13,250 to replace specialized surveying equipment which was stolen. Additionally, a long-term employee within the Engineering Division was terminated, thereby requiring a severance payment of $19,000 for accumulated time off. Mr. Galusha recalled that engineering services were previously funded 100 percent by the General Fund; however, in the early 1990s, the 16 05/16/95 department started cross-charging to capital projects to recover engineering services provided to non-General Fund departments. In 1993, a 50 percent overhead assessment on all engineering services to recover fixed costs and further reduce General Fund support or subsidy was instituted. Based on a recent evaluation, the current overhead assessment is insufficient to cover actual department costs and should be increased from 50 percent to 57.5 percent. It is the recommendation of staff that the City Council adopt the necessary resolution appropriating additional funds in the amount of $200,000 from General Fund reserves to balance the 1994-95 budgets for the Public Works Engineering and Land Development and Transportation Divisions. The Finance Department has indicated that this transfer would leave an ending General Fund reserve of approximately $1.5 million, or approximately 4.7 percent of projected expenditures, which is consistent with the City's ten-year financial plan. In response to Council Member P. Anderson, City Manager Warren stated that the City has a $25,000 deductible for theft. Mr. Warren concurred that the expenditures are appropriate and the main problem stems from cross-charging. He noted that in the future, when situations such as this occur, department heads will meet with him to determine if another project can be substituted in order to alleviate the burden on the General Fund. Mr. Warren questioned whether the City Council was receptive to increasing the 50 percent overhead assessment. In response to Council Member P. Anderson, Mr. Galusha noted the fee was part of the standard fees package reviewed earlier this year by the Fees Committee. Council Member Murray did not oppose increasing the overhead assessment charge, as the fee would still be substantially less than that charged by private industry. He recommended that the increase be considered during budget deliberations. In response to Council Member R. Anderson, Mr. Warren explained that vacation is the right of an employee and is either paid on a yearly basis or at the time of retirement/termination. He stated that sick leave is not considered a right and some cities, through the negotiation process, compensate the employee for sick leave at the time of retirement, while others have opted to add it to the employee's retirement in the form of a PERS credit. MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, that Resolution No. 95-130 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 63rd amendment to City Budget Resolution No. 94-199 appropriating $200,000 for: 1) reduced cross charges for services; 2) labor allocation to General Fund activities; and 3) expenses related to employee termination. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - None Resolution No. 95-130 is on file in the office of the City Clerk. Mayor Kehoe requested staff to prepare a report regarding increasing the current 50 percent overhead assessment for consideration during budget deliberations. WRITTEN COMMUNICATIONS (P-100-060-850) Mayor Kehoe read a letter from Volunteer Grace Hoffman expressing appreciation to the City Council and staff for its support of the Volunteer Program. 17 05/16/95 Mayor Kehoe noted the following upcoming events: Open House for the Buckeye Water Treatment Plant at 10:00 a.m., May 31, 1995; presentation of the Civic Center Committee's final report at 3:00 p.m., June 6, 1995, at the City Council Chambers; and City Council budget study session at 8:30 a.m., June 19, 1995, in Conference Room A. ADJOURNMENT There being no further business, at the hour of 9:48 p.m., Mayor Kehoe declared the meeting adjourned to 12:00 noon, Wednesday, May 24, 1995, at the Convention Center Lobby/Room 116, 700 Auditorium Drive, for a joint meeting with the Economic Development Corporation (EDC), Cities of Anderson, Redding, and Shasta Lake and the County of Shasta to review the EDC sales program and provide a report from the Superior California Development Council. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Clerk