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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-07-181 07/18/95 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California July 18, 1995 7:00 p.m. The Pledge of Allegiance to the flag was led by Vi Klaseen. The invocation was offered by Intern Pastor David Culbert, First Presbyterian 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, Director of Electric Utility Lindley, Acting Planning Director Keaney, Electric Utility Engineering Manager Russell, Director of Administrative Services Starman, Director of Community Services Gorman, Director of General Services Masingale, Superintendent-Wastewater Craig, Director of Utilities/Customer Service Vokal, Assistant Director-General Services Kohn, Director of Information Systems Kelley, Resource Recovery Manager Roach, Purchasing Officer Roberts, City Clerk Strohmayer, and Secretary to the City Council Rudolph. PRESENTATION BY ROTARY FOUNDATION - Proceeds from Ducky Derby for the Southeast Asian Video Program and D.A.R.E. (G-100) On behalf of the Rotary Foundation, Neal Sternberg presented Mayor Kehoe with checks from the proceeds of the Ducky Derby for the Southeast Asian Video Program ($1,500) and for the D.A.R.E. Program ($5,000). He noted that the $5,000 contribution to D.A.R.E. represents part of the $45,000 in endorsements the Rotary Foundation has made to the City for the program over the last five years. 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 24, for the period June 20, 1995, through June 30, 1995, check numbers 221211 through 221785 inclusive, in the amount of $5,572,558.24, Accounts Payable Register 1, for the period July 3, 1995, through July 13, 1995, check numbers 221786 through 222193 inclusive, in the amount of $4,655,291.39, Payroll Register 26, check numbers 400698 through 401482 inclusive, and electronic deposit transactions numbers 24563 through 24783, totaling $1,223,273.95, for the period June 4, 1995, through June 17, 1995, and Payroll Register 1, check numbers 401483 through 402467, inclusive, totaling $1,257,704.57, for the period June 18, 1995, through July 1, 1995, be approved. TOTAL: $12,708,828.15 Treasurer's Report - May 1995 (A-050-100-600) Total Treasurer's Accountability - $ 67,219,480.17 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $209,766,785.04 Cash Reconciliation Report - May 1995 (F-205-095-650) It is the recommendation of the Director of Administrative Services that the Cash Reconciliation Report as of May 31, 1995, be accepted. Ordinance No. 2131 - Amending portions of Redding Municipal Code Chapter 2.04 pertaining to Council liaison and special committees, and repealing Chapter 2.46, Electric Utility Commission 2 07/18/95 (B-080 & B-080-160) It is recommended that Ordinance No. 2131 be adopted, an ordinance of the City Council of the City of Redding amending portions of Redding Municipal Code Chapter 2.04 pertaining to City Council liaisons and special committees, and repealing Redding Municipal Code Chapter 2.46 entitled Electric Utility Commission. Resolution - Funding agreement with Economic Development Corporation for industrial promotion during fiscal year 1995-96 (B-130-030-045) It is the recommendation of the Assistant City Manager that Resolution No. 95-155 be adopted, a resolution of the City Council of the City of Redding approving the Funding Agreement, in the amount of $126,000.00, between the City of Redding and the Economic Development Corporation for industrial promotion in the Redding area during fiscal year 1995-96, and authorizing the Mayor to sign same. Resolution - Establishing Redding Redevelopment Agency Relocations Appeals Board (B-080-375) It is the recommendation of the Assistant City Manager that Resolution No. 95-156 be adopted, a resolution of the City Council of the City of Redding establishing a Relocations Appeals Board to hear complaints from residents within the City's redevelopment project areas regarding relocation and appointing the five most senior members of the Planning Commission to sit as the Relocation Appeals Board. Property Status Report (C-070) It is the recommendation of the Assistant City Manager that the City Council accept the report regarding property status which includes: surplus City property; offers to sell land to the City; City-initiated purchases of land; and leases of City land. Development Services Monthly Status Report (A-050-250) It is the recommendation of the Acting Planning Director that the Monthly Status Report for Development Services through June 1995, for the following work areas be accepted: (1) Annexations; (2) Zoning, Subdivision, and General Plan Amendments; (3) Building and Population; (4) Housing Assistance and Rehabilitation; and (5) General Plan Update. Set Public Hearing - re Appeal of Planning Commission's Denial of Grading Permit Application GP-95-015, by Eric Nickelsen (297 Boulder Creek Drive) (A-070-055) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., August 15, 1995, to consider the appeal of the Planning Commission's denial of Grading Permit Application GP-95- 015, by Eric Nickelsen. Set Public Hearing - re Redding Municipal Code Chapter 18.33, Open Space Ordinance (L-010-500-050) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., August 15, 1995, to consider the adoption of an open space ordinance. Set Public Hearing - re General Plan Amendment Application GPA-2-94, by Hilltop Bluffs (Southwest corner of Hilltop Drive and Palisades Avenue) (G-030-010) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., August 15, 1995, to consider General Plan Amendment Application GPA-2-94, by Hilltop Bluffs, amending the General Plan on property located at the southwest corner of Hilltop Drive and Palisades Avenue from "Residential, 3.5 and 9.0 units per acre" and "Greenway" to "Residential, 9.0 units per acre" and "Office." Electric Department's Project Status Report (A-050-125) 3 07/18/95 It is the recommendation of the Director of Electric Utility that the City Council accept the Electric Department's Project Status Report for the quarter ending June 30, 1995. Funding Agreement and Lease Agreement - Shasta County Arts Council *(B-130-030 & C-070-100 & C-050-500) It is the recommendation of the Director of Community Services that the City Council approve the Funding Agreement, in the amount of $20,700, and the Lease Agreement, for the facility at 1313 Market Street, with the Shasta County Arts Council, for the period July 1, 1995, through June 30, 1996, and authorizing the Mayor to sign same. Funding Agreement - Shasta Cascade Wonderland Association, Inc. (B-130-030-700) It is the recommendation of the Director of Community Services that the City Council approve the funding agreement with the Shasta Cascade Wonderland Association, Inc., for the period July 1, 1995, through June 30, 1996, to provide a full-time City Convention and Visitors Bureau employee to serve as the General Manager. Resolution - Proclaiming August 1, 1995, as "National Night Out" in support of Police-Community Partnerships (A-050-060-600) It is the recommendation of the Chief of Police that Resolution No. 95- 157 be adopted, a resolution of the City Council of the City of Redding supporting crime and drug-prevention efforts in Redding, and proclaiming August 1, 1995, as "National Night Out." Award of Bid - Bid Schedule No. 2937, Solid Waste Containers Resolution - Appropriating funds * (B-130-070 & B-050-100 & S-020-100) It is the recommendation of the Director of General Services that Bid Schedule No. 2937, solid waste containers, be awarded to Consolidated Fabricators, in the amount of $44,455.13. It is further recommended that Resolution No. 95-158 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 3rd amendment to City Budget Resolution No. 95-153 appropriating $44,455 for authorization to purchase solid waste containers. Award of Bid - Bid Schedule No. 2938, Solid Waste Drop Boxes Resolution - Appropriating funds * (B-130-070 & B-050-100 & S-020-100) It is the recommendation of the Director of General Services that Bid Schedule No. 2938, solid waste drop boxes, be awarded to the low bidder, Consolidated Fabricators, in the amount of $22,734.85. It is further recommended that Resolution No. 95-159 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 4th amendment to City Budget Resolution No. 95-153 appropriating $22,735 for authorization to purchase solid waste drop boxes. Resolution - Authorizing destruction of documents (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 95-160 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain documents. Design Consultant - Clear Creek Wastewater Treatment Plant Influent Lift Station Expansion (W-020-560) It is the recommendation of the Director of Public Works that the City Council authorize staff to negotiate a contract for design services for the Clear Creek Wastewater Treatment Plant Influent Lift Station expansion with CH2M Hill. Set Public Hearing - re Amending City's Master Fee Schedule adjusting overhead charges for engineering services (F-205-600) 4 07/18/95 It is the recommendation of the Director of Public Works that a public hearing be set for 7:00 p.m. August 1, 1995, to consider amending the City's Master Schedule of Fees and Services Charges to adjust overhead charges for engineering services. Award of Bid - Bid Schedule No. 2935, Construction of Redding Municipal Airport Electrical Control Building and Equipment Resolution - Appropriating funds * (B-130-070 & B-050-020 & A-090-100) It is the recommendation of the Director of Public Works that Bid Schedule No. 2935 (Job No. 9315), construction of Redding Municipal Airport electrical control building and equipment, be awarded to Heins Electric, Inc., in the amount of $107,295, an additional $8,000 be approved to cover the cost of engineering and inspection fees, $10,000 be approved to cover the cost of contract change orders, $3,000 for material testing, and $4,000 for materials to be supplied by the City, for a total of $132,295. Funding for this project will be received from the Federal Aviation Administration (90 percent) and the Airport's Enterprise Fund. It is further recommended that Resolution No. 95-169 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 2nd amendment to City Budget Resolution No. 95-153 appropriating $16,000 for additional costs related to construction of Redding Municipal Airport electrical control building and equipment. Public Works Quarterly Report (A-050-300) It is the recommendation of the Director of Public Works that the Public Works Quarterly Report for Third Quarter 1995 be accepted. 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 Absent: Council Members - None Ordinance No. 2131 and Resolution Nos. 95-155, 95-156, 95-157, 95-158, 95-159, 95-160 and 95-169 are on file in the office of the City Clerk. - - - - - - - - - PUBLIC MEETING - re Wilshire Drive Waterline Assessment District No. 1994-1 (A-170-150-965) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public meeting regarding Wilshire Drive Waterline Assessment District No. 1994- 1. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Meeting/Hearing Mayor Kehoe clarified that this is an information hearing which is the first of two public hearings for the Wilshire Drive Area Waterline Assessment District. He stated the second hearing scheduled for August 1, 1995, is the "protest hearing" and is intended as the time for interested persons to present objections. He conveyed the purpose of the information hearing is to provide an opportunity for any interested person, whether or not a property owner in the assessment district, to ask questions and obtain information about the proposed district, the waterline project, the estimate of costs and expenses, and the individual assessments. Director of Public Works Galusha explained that the scope of the Wilshire Drive area waterline assessment project is to install approximately 3,130 linear feet of water main in Henderson Road, Wilshire Drive, Inez Street, and Brent Street, together with the installation of fire hydrants and water service lines from the main to a meter box to serve each of the parcels within this district. He related 5 07/18/95 the total cost for this project is estimated not to exceed $193,766.89 which includes the cost of construction and certain incidental expenses of project design, construction supervision, legal proceedings and bond financing. He stated that the assessed properties would receive equal benefit from installation of the waterline as they are all single-family residential lots. The total cost of the project would be divided by the number of parcels receiving benefit, resulting in an assessment amount not to exceed $3,875.34 for each lot. Mayor Kehoe determined that there was no one present wishing to speak on this matter and closed the public meeting. He reiterated the public protest hearing on this matter would be held on August 1, 1995. This was an information hearing and no action was required. PUBLIC HEARING - re Solid Waste Transfer/Recycling Fees (F-205-600) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding solid waste transfer/recycling fees. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Staff recommendation dated July 18, 1995 City Clerk Strohmayer advised that no protests were received. Director of General Services Masingale stated that the new Solid Waste Transfer/Recycling Facility is open and accepting many new materials for processing or disposal for which no fees have been established. He recommended rates be established in the following areas as outlined in the report to City Council dated July 18, 1995, incorporated herein by reference: Household waste; 2) Green Waste; 3) Construction waste; 4) Household hazardous waste; 5) Refrigerated appliances; and 6) Motor and transmission removal. Mr. Masingale noted that the majority of the self-haul household waste would be received from non-City residents, as the City provides residents with a 90-gallon waste wheeler, which equates to three garbage cans, and picks up to six containers of green waste, as well as recyclables. It is the recommendation of staff that the City Council adopt the necessary resolution approving the proposed fee schedule for the Solid Waste Transfer/Recycling Facility. Council Member Murray questioned whether the fees exceed the cost to operate the facility. Mr. Masingale replied that staff has attempted to offset the costs of operating the facility. He noted there are minor differences whereby revenues would exceed the cost to operate; however, any excess monies collected would be utilized for rate stabilization. Mayor Kehoe determined that there was no one present wishing to speak on the matter and closed the public hearing. Mayor Kehoe stated he could not support the $3 charge for green waste, as it may become an obstacle for some individuals and discourage them from maintaining their lawns. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-161 be adopted, a resolution of the City Council of the City of Redding establishing a Fee Schedule for customers bringing waste to the new City of Redding Solid Waste Transfer/Recycling Facility on Abernathy Lane. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, and Murray Noes: Council Members - Kehoe Absent: Council Members - None 6 07/18/95 Resolution No. 95-161 is on file in the office of the City Clerk. PUBLIC HEARING - re Non-Disposal Facilities Element of the Integrated Waste Management Plan (S-020) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding the Non-Disposal Facilities Element of the Integrated Waste Management Plan. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Staff recommendation dated July 18, 1995 Director of General Services Masingale related the Non-Disposal Facilities Element of the Integrated Waste Management Plan is an inventory of solid waste facilities other than landfills or transformation facilities, ie., incinerators. It is a joint document which includes Shasta County and the three incorporated cities of Redding, Anderson, and Shasta Lake. After each jurisdiction's governing board has conducted a public hearing and approved the document, Shasta County will forward it to the California Integrated Waste Management Board for review and approval. It is the recommendation of staff that the City Council adopt the Non- Disposal Facilities Element as contained in the Report to City Council dated July 18, 1995, incorporated herein by reference. In response to Council Member P. Anderson, Mr. Masingale explained that the City is supposed to divert the flow into the landfill by 25 percent by the end of 1995. At the time the element was prepared, the City was at 21.1 percent. It is expected the new facility will permit the City to reach the mandated 25 percent by the end of the year. He indicated that by the year 2000, the City is to have reduced its solid waste stream by 50 percent. Mayor Kehoe determined that there was no one present wishing to speak on this matter and closed the public hearing. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 95-162 be adopted, a resolution of the City Council of the City of Redding approving and adopting the County of Shasta Non-Disposal Facilities Element of the Integrated Waste Management Plan, pursuant to Public Resources Code Section 41730 et. seq. 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. 95-162 is on file in the office of the City Clerk. APPOINTMENT OF GENERAL PLAN TASK FORCE (G-030) Associate Planner Morgon stated that nominations for the General Plan Task Force have been received from each City Council Member and various organizations throughout the community. He noted that the nominees represent a true cross section of the community and are willing to dedicate the necessary time and energy to this project, 18 months to two years. He related that consultant interviews are scheduled for July 28, 1995, with the task force's first meeting in mid-August. He anticipated kicking off the General Plan update in early September. Council Member Murray questioned if the task force would have input into the consultant's scope of work. Mr. Morgon replied that members of the task force would participate in the consultant interview process; however, the scope of work has been determined by the City Council. 7 07/18/95 Mayor Kehoe read the nominees for the General Plan Task Force as depicted in the Report to City Council dated July 18, 1995, incorporated herein by reference. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to appoint the following individuals to the General Plan Task Force: Jim Chapin, Chair; Cynthia Gelonek, Vice Chair; Suzanne Blackburn; Ellen Chain; Doreeta Domke; John Dunlap; Paul Edgren; Vi Klaseen; Patsy Knighten; Demetra Kutras; Rob Middleton; Charlie Moss; Burt Brockett, Caltrans; Keith Brookshaw, Shasta College; Jim Cook, Shasta County Department of Resource Management-Planning Division; Don Demsher, Sacramento River Council; Jim Graves, Shasta Builders' Exchange; Lori Green, Business and Professional Women; Lynn Harris, American Association of University Women; Barbara Harrison, Shasta Natural Science Association; Jack Herrin, Board of Realtors; Brian Hill, Sierra Club; Clay McClain, Senior Citizen; Vern McCollum, Planning Commission; Mike McLaughlin, School Consortium; Linda Salter, League of Women Voters; Lynda Scheben, Leadership Redding; John Siperek, Department of Fish and Game; Howard Stubblefield, Chamber of Commerce, and Council Member David McGeorge (Council Liaison). The Vote: Unanimous Ayes AGREEMENT WITH REDDING RANCHERIA * (W-030-500 & A-070-300) City Manager Warren recalled that the City stepped in, at the request of the Redding Rancheria, to assist with their water system. At that time, the City Council made it clear it wanted to accomplish three things if the Rancheria were to receive City water: 1) annexation of the property to the City; 2) compliance with building codes; and 3) payment for services rendered from various City departments. Mr. Warren stated that during this process staff learned the difficulty, if not impossibility, of annexing an entity that has sovereign nation status. It was also determined that both staffs had a desire to improve living and working conditions on the Redding Rancheria. He believed the Redding Rancheria staff realized the City's need to recoup dollars for services being rendered and the benefit of consistent building and fire codes in terms of economic development. Mr. Warren outlined some of the issues discussed while negotiating the agreement: 1) a dependable and reliable source of water for the Redding Rancheria; 2) development that would meet City building code requirements; 3) funding to offset the impacts of the casino on the City and City services ($75,000 the first year, and $200,000 each year thereafter, with a meet-and-confer every three years); 4) City approval of development beyond that which is provided for in the agreement; 5) installation of an adequate fire flow system on the Redding Rancheria; 6) street improvements on the Rancheria and the frontage road with possible maintenance of the frontage road by the Rancheria; 7) $25,000 contribution to the traffic signal at Highway 273 and Canyon Creek Road; and 8) Shasta County Sheriff and Fire Departments would continue to be first responders. He stated that funding received from the Redding Rancheria would go toward: street light maintenance, stand-by emergency medical response, fire prevention inspections, traffic signal maintenance, police assistance, i.e., traffic accidents in front of the Rancheria. He related that the meet-and-confer period would permit both staffs to review the fees and ascertain whether any adjustment were warranted. Mr. Warren indicated the agreement would provide a better working relationship between the two parties. He believed both parties could now work together and resolve issues which develop that are not specifically covered by the agreement. It is the recommendation of staff that the City Council adopt the necessary resolution approving the agreement with the Redding Rancheria. Council Member R. Anderson acknowledged that not every issue could be covered in an agreement such as this. He questioned, however, if there was a provision which would cover such matters as the searchlights. 8 07/18/95 Assistant City Manager Perry replied that the agreement would not cover that specific issue; however, because of the magnitude of negative publicity which was received, he did not believe that would be a problem in the future. He stated there were some sovereign status rights which the Rancheria felt strongly about retaining. Council Member McGeorge believed the agreement represented the first step in opening a line of communication and being able to work out problems which may arise in the future. Mr. Warren noted that the money referenced in the agreement has not been identified in the General Fund's ten-year financial plan and would go into unallocated reserves. He stated that the City Council may wish to revisit the ten-year financial plan in a few months and discuss the possibility of allocating some of the monies. Council Member Murray complimented both staffs in reaching this agreement. Joe Murphy, 1939 Rancheria Road, Economic Development Director for Redding Rancheria, stated the agreement reflects efforts by two governments to mitigate concerns of both parties and reach an agreement despite differences. He hoped the agreement represented the first step toward developing a working relationship and the ability to work out differences between the two governments. He assured the City Council that Redding Rancheria would not utilize searchlights in the future. Mayor Kehoe expressed concern about providing services derived from General Fund revenue and showing no additional personnel. He also noted that the agreement provides that building plans would be approved by the City within 15 days, and failure to do so would excuse the Tribe from further compliance. While he applauded the City for approving building plans within 15 days, he noted that the same service is not provided to City developers and builders and they are not excused from any of their responsibilities if the City fails to approve plans within a specified time. He stressed that City services are provided by City ratepayers and residents and should be primarily dedicated to the City, as opposed to generating business. He complimented both staffs for the fine work that went into the development of the agreement. Council Member Murray assumed that staff would also be coming forth with a plan which would achieve the same 15-day plan check response time. Council Member R. Anderson emphasized that the General Fund is not currently subsidizing any services being received by the Redding Rancheria. The $75,000 the first year, and the $200,000 in each subsequent year pays for any services being provided to the Redding Rancheria. Mr. Warren pointed out that these are services already being received by the Redding Rancheria and would not dilute any City services. He explained that the services include responding to a traffic accident on the highway in front of the casino, to providing police and fire backup as necessary. He related these are the same types of services which would be provided to any other governmental jurisdiction. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 95-163 be adopted, a resolution of the City Council of the City of Redding approving entering into a "Services Development, and Government-to-Government Agreement" between the City of Redding and the Tribal Council of the Redding Rancheria, at a cost of $75,000 beginning January 1, 1996, and $200,000 beginning January 1, 1997, and each year thereafter, with a meet-and-confer process every three years, and authorizing the Mayor to sign the necessary documentation in connection therewith. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, and Murray Noes: Council Members - Kehoe Absent: Council Members - None 9 07/18/95 Resolution No. 95-163 is on file in the office of the City Clerk. UPDATE OF SCHEDULE OF FEES AND SERVICE CHARGES (F-205-600) City Manager Warren highlighted the Report to City Council dated July 14, 1995, incorporated herein by reference, seeking clarification as to which fees and service charges the City Council wanted referred to the task force for consideration. Mr. Warren stated that unless otherwise directed, staff would only refer the following development fees to the task force: Capital Improvement Fee; Storm Drain Tax; In-Lieu Park Fee; Park Development Fee; Traffic Impact Fee; and Special Benefit District. In response to Council Member Murray, Mr. Warren believed the development fees would be before the City Council for consideration in approximately three to four months. It was the consensus of the City Council to only refer development fees as outlined above to the task force for consideration. The City Council also stressed that it did not want to consider any new fees or taxes. OFFER BY NOLAN BREWER TO SELL PROPERTY ON HIGHWAY 44 TO THE CITY (C-070-010) Assistant City Manager Perry stated a letter was received from Nolan "Jack" Brewer offering to sell the City 13.5 acres of land located on the north side of Highway 44 between Old Oregon Trail and Shasta View Drive. Mr. Brewer is asking $23,900 per acre, or approximately $0.55 per square foot. Mr. Perry related that the City does not have any plans for the area. In his letter, Mr. Brewer suggests the City could use the property for wetlands mitigation for development farther to the north. The other known potential public use which would occur at the time of development would be the extension of Old Highway 44 across the south end of the property to connect to Abernathy Lane. Mr. Perry explained the property also lends itself to, if assembled, the creation of an events center, or the relocation of the posse grounds, or both. The advantages are exposure on Highway 44, access to two freeway interchanges, and local streets to get traffic in and out. To accomplish this would require acquisition of 50 to 100 acres depending on what is to be built as a series of successive projects using shared parking. From the public's perspective, this area would be considered part of the City as compared to locating such facilities farther out. It is the recommendation of staff that the City Council determine if Mr. Brewer is interested in a property exchange. If he is, it is then recommended that staff seek a one-year option to acquire the property through a trade of land in order to explore the feasibility of an events center and the relocation of the posse grounds and to develop a budget proposal for consideration to accomplish that work. Council Member R. Anderson did not object to exchanging surplus property unless the property had a better market value or might be more marketable than this particular parcel. He did not see a problem studying the matter further and discussing the possibility of a land exchange. Council Member Murray explained the property has not sold because it is not in the City limits and is all hardpan. He opined the property will not sell until sewer service is available. He believed the monies received from the sale of surplus property could be better utilized for another purpose. Council Member R. Anderson noted the City has a substantial amount of surplus property that it cannot sell. He related that if the property is hardpan and requires sewer service, it should have a low appraised value and would not involve a large expenditure of funds. 10 07/18/95 Council Member Murray did not favor spending additional monies on studies if the City was not interested in acquiring the property. In response to Council Member McGeorge, Mr. Perry stated if the City obtained a one-year option on the property, the costs incurred by Mr. Brewer would probably include annual debt service and property taxes. He noted the acquisition of this property would create a critical land mass necessary to accomplish some other facility at some point in the future. In response to Council Member P. Anderson, Mr. Perry stated that 13.5 acres would not be sufficient and there would be a need to acquire a total of approximately 50 acres at some point in the future. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to decline to purchase Nolan Brewer's property located on the northside of Highway 44 between Old Oregon Trail and Shasta View Drive. Voting was as follows: Ayes: Council Members - Murray and Kehoe Noes: Council Members - P. Anderson, R. Anderson and McGeorge Absent: Council Members - None Motion failed. MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to direct staff to seek a one-year option agreement to purchase Nolan Brewer's property located on the northside of Highway 44 between Old Oregon Trail and Shasta View Drive and determine whether Mr. Brewer would be interested in exchanging the property for other surplus City property based on fair market appraisals. The Vote: Unanimous Ayes MONTHLY FINANCIAL STATEMENT - May 1995 (B-130-070) Director of Administrative Services Starman provided an overview of the Report to City Council dated June 29, 1995, incorporated herein by reference, which detailed the Monthly Financial Report for May 1995. In summary, total revenue to date is $28.3 million, and expenditures are $28,361,618, or 6.6 percent below staff's original cash flow projections. This was an information item and no action was required. AWARD OF BID - Bid Schedule No. 2936, Personal Computers RESOLUTION - Appropriating Funds * (B-130-070 & B-050-100) Director of Administrative Services Starman recalled that in March 1995, the City Council rejected all the bids for personal computers and directed staff to work with Jon Fredricks of J2 Wholesale to develop new personal computer specifications. He stated that a new Request for Proposal (RFP) was prepared and submitted to 42 vendors. Ten proposals from eight vendors were received. Mr. Starman explained that after reviewing the proposals, two vendors were selected to provide demonstration machines and it was determined that Ross Computers best met the requirements of the RFP for the following reasons: 1) Cost is $1,100 less; 2) Has a longer business history - selling computers for approximately 14 years and assembling them for about 5-6 years; and 3) Produces five times the number of computers as HQ Computers in a given year. He related the prices of the computers are virtually identical, with the only major difference being the warranty. He stated that while the RFP specified a minimum one year on-site warranty agreement, Ross Computers offered a one year one-site agreement which included parts and labor and four additional years of labor only, and HQ Computers offered a three year on-site warranty. He noted that because the contract was not awarded until after June 30, 1995, it would be necessary to reappropriate funds for the equipment. It is the recommendation of staff that the City Council award the bid to Ross Computers in the amount of $85,530.59, authorize the City Manager 11 07/18/95 to sign the required documentation and adopt the necessary budget resolution. Council Member McGeorge noted that one of the reasons the committee selected Ross Computers was their time in service. He noted only one year difference. Mr. Starman responded that would be true in terms of assembling computers. In response to Council Member McGeorge, Mr. Starman noted that staff did not place any additional value to the three-year warranty provided by HQ Computers, given the fact that the City is taking steps to provide on- site maintenance as well. Council Member Murray questioned whether both suppliers met the terms and conditions of the RFP. Mr. Starman indicated that both vendors met the terms and conditions of the RFP and were asked to bring in demonstration machines which were slightly altered to meet the City's purposes. He noted the difference between the two bids is approximately $1,100. Council Member R. Anderson questioned whether a company should be credited for providing something over and above what is required in the RFP. Mayor Kehoe reviewed questions and responses contained in the memorandum from Mr. Starman dated July 17, 1995, incorporated herein by reference, which addressed four questions he had posed. He noted that two of the observations noted for selecting Ross Computers were not part of the evaluation criteria. Mr. Starman cautioned that while both vendors have advised they were willing to discuss alternatives, he believed it would distort the integrity of the bidding process. Council Member Murray opined that the contract is for hardware and should not involve an evaluation that is subjective in nature. He noted that a personal services contract involves evaluating the skill and ability of those providing the services. By definition of the RFP, he questioned whether or not staff should be awarding the bid to the low bidder. City Attorney Wingate did not believe this RFP could merely be categorized as the purchase of hardware. He stated that experts in the area of computers advise clients to pay close attention to the ability of the seller to back up the product. He stated the City is not just buying a bunch of components in a box, but the ability and the promise of the seller to stand behind that product. In response to Council Member Murray, Mr. Starman believed that an RFP, by nature, has a degree of subjectivity. He concurred that, although implied, the RFP could have been better worded. Council Member P. Anderson suggested that the City's evaluation process be reviewed. She stressed that the writing and evaluation of an RFP should be standard across the board. Mike Barkley, HQ Computers, stated the only difference between the two companies' years in business as far as selling computer components is approximately one to one and one-half years. He believed the City should award the contract to the vendor which supplied the best value for the City's dollars. He explained that all of HQ Computers come with a standard three-year warranty. In a previous bid, he noted that HQ Computers did not charge for on-site maintenance and its creditability was questioned because of it. He pointed out that the price difference between the two bids equates to less than $42 per system. He believed the three year on-site warranty provided a better value to the City. He stressed that the City is not obligated to utilize the one-site warranty, thereby, lowering the cost $2,600. 12 07/18/95 Director of Information Systems Kelley conveyed that Ross Computers had expressed a willingness to change their maintenance agreement to provide three years on-site service. Council Member Murray opined it is the City's responsibility for ensuring that the controlling document for determine value is the RFP. Council Member R. Anderson stated the City has only two alternatives: reject all bids or take the low bidder. According to the figures presented by staff, he said the low bidder is Ross Computers. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to award the purchase of 26 personal computers to Ross Computers in the amount of $85,530.59. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson and Murray Noes: Council Members - McGeorge and Kehoe Absent: Council Members - None MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that Resolution No. 95-164 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 5th amendment to City Budget Resolution No. 95-153 appropriating $79,600 for authorization to reappropriate funds for the purchase of personal computers. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson and Murray Noes: Council Members - McGeorge and Kehoe Absent: Council Members - None Resolution No. 95-164 is on file in the office of the City Clerk. Mayor Kehoe stated his vote was not a reflection on either Ross Computers or HQ Computers. He wanted to send a message that the City should look at its procurement policies relative to RFPs. Council Member McGeorge concurred. Council Member P. Anderson reiterated that the RFP evaluation process also needs to be reviewed. At the hour of 8:30 p.m., Mayor Kehoe declared the meeting recessed. At the hour of 8:42 p.m., Mayor Kehoe reconvened the meeting to regular session. PLACEMENT OF CALL BOXES ALONG SACRAMENTO RIVER TRAIL (P-150-150 & P-050-460-700) Chief Blankenship stated that Mercy Medical Center of Redding has offered to donate four or five emergency call boxes which would be erected along the Sacramento River Trail at no cost to the City of Redding. The telephones are powered by a solar panel and rechargeable battery. The telephone includes an automatic location circuit and callers would be connected to SHASCOM dispatch center. Chief Blankenship estimated monthly maintenance costs and cellular phone costs to be between $30 and $40 ($360 to $480 per year per phone). The annual fee and maintenance is estimated to be no greater than $2,400 for a five-call box system. He noted that vandalism could increase this cost. He indicated that when the call box system is placed in service, it would become City property; therefore, any liability would be assumed by the City. Chief Blankenship stated that the call box system would provide emergency communications to trail users quicker than without the system. He conveyed that law enforcement, fire fighters, and citizens all benefit when incidents are reported timely. It is the recommendation of staff that the City Council accept Mercy Medical Center's donation of a trail telephone system as an enhancement to the safety of the Sacramento River Trail users. 13 07/18/95 In response to Council Member P. Anderson, Chief Blankenship indicated the telephone calls would be routed directly to the SHASCOM dispatch center. Council Member Murray questioned whether Mercy Medical Center intended to place advertising on the call boxes. If so, he wondered whether the option of installing call boxes should be made available to other businesses within the community. Dr. Fred Gabrael, Medical Director at Mercy Medical Center's Emergency Department and Trauma Emergency Room, explained that the roadside calls boxes were originally conceived to have an acknowledgement of the box's sponsor. He stated that Mercy Medical Center has committed five call boxes for placement on the River Trail and assumed sponsor acknowledgement would apply to these boxes as well. Mayor Kehoe thanked Mercy Medical Center for its generosity. In response to Council Member Murray, Chief Blankenship stated it is difficult to determine the exact number of call boxes which should be placed along the trail, but stressed that any amount would be beneficial. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to accept Mercy Medical Center of Redding's offer to donate five call boxes to be erected along the Sacramento River Trail at no cost to the City, extend an invitation to any other party that might wish to donate a call box for the trail, and direct the Mayor to send a letter of appreciation to Mercy Medical Center of Redding. The Vote: Unanimous Ayes AUTHORIZE JOINT PURCHASE OF PRIVATE BUSINESS COMMUNICATION SYSTEM FOR CUSTOMER SERVICE AND RABA (Bid Schedule No. 2890) RESOLUTION - Appropriating Funds * (B-130-070 & B-050-100 & C-175-825) Director of Utilities/Customer Service Vokal reviewed the Report to City Council dated July 7, 1995, incorporated herein by reference, regarding the joint purchase of a private business communication system for Customer Service and the Redding Area Bus Authority (RABA). Ms. Vokal explained that the City Council, at its meeting of June 21, 1995, authorized staff to prepare a Request for Proposals (RFP) for the purchase of a communication system. A committee consisting of the City's Purchasing Officer, Communication Specialist, Director of Customer Service, a Customer Service Supervisor and a Customer Service Representative was assigned to prepare the RFP, evaluate and review all proposals received, and submit a recommendation to the City Council for the purchase of a PBX system with voice mail, automated call distribution (ACD), auto attendant that would support future applications, as well as an integrated voice response (IVR) system. She related that the services of Comlink Consulting were also retained to conduct an independent, objective review, and technical evaluation of the proposals received. Ms. Vokal recalled that on January 17, 1995, the City Council authorized staff to negotiate on the open market with three of the original vendors and revised specifications were provided to each of the three vendors. Subsequently, the committee conducted a thorough review of each responding proposal, pursued further negotiations with all the vendors, surveyed system users, and visited a number of communication installations. She stated that although the proposal submitted by Access West was the lowest received and their ACD package was rated the highest by the committee, the system was ultimately eliminated because it did not have a redundant shelf level. The proposals received from Gaynor Telesystems and Siemens Rolm Communications Systems, Inc. (Rolm) meet all technical requirements. Ms. Vokal noted that Rolm's proposal is seven to ten percent higher than the other proposals; however, the committee believed the proposal was superior in the following areas: 1) The ability to provide optimum product support in the future. Rolm has extensive and proven experience 14 07/18/95 in all related call center technologies such as call packs, ACD, and IVR. She summarized that the City could rely on Rolm's expertise and not reinvent the wheel if the City were to proceed with IVR; 2) Rolm develops, manufactures, sells, maintains, and installs all of the components of their system and would be totally responsible for them after implementation. This is not the case with the other two vendors; 3) ACD and voice mail are fully integrated so all system adds, deletes, and moves made at one level automatic update the entire system. This feature is not offered by the other two systems; 4) The Rolm system is designed to support future remote City installations and provides up to 128 telephones per remote modular and can be supported with no distance limits on the modular. Gaynor Telesystems' proposal supports 23 users. If the City were to connect with fiber, as opposed to T-1, capacity would be extended to 30; 5) Busy hour call attempts which become more important if the City adds future applications, such as IVR; 6) Because Rolm was once owned by IBM, the committee believed it to be the most qualified to help the City select the best connection to the IBM main frame AS400, as well as hardware, software and communication technology that would meet the City's future needs; 7) On-line or real-time ACD reporting system is user friendly and allows supervisors at a quick glance to make staffing and service level determinations; 8) Rolm currently has two Redding based ACD installations which permits the possibility of forming a user group to share information and gain expertise on how to monitor and utilize limited resources and staff time; and 9) Rolm provides a higher level of training for voice mail. It is the recommendation of staff that the City Council adopt a resolution appropriating $97,740 and authorizing the City Manager to execute the contract for the acquisition and installation of the Rolm communication system. Ms. Vokal stated that she was unable to contact representatives from Gaynor Telesystems after receiving their letter dated July 18, 1995, incorporated herein by reference. She explained that the majority of the issues raised in the letter were the result of a comparison done by the consultant prior to final negotiations with the vendors. She clarified that those areas where Gaynor did not feel Rolm met the bid specifications were resolved and are part of the final contract. In response to Council Member Murray, Director of Administrative Services Starman clarified that this was an RFP. He reiterated that all of the proposals were ultimately rejected. At that point, he believed the RFP basically became moot and staff was given authority to negotiate the best deal for the City. Council Member Murray questioned why Access West was not part of the subsequent negotiations if the RFP was a moot issue. Ms. Vokal replied that the committee believed redundancy was a critical issue, whereby if the system fails, the other part of the system automatically takes over to avoid a loss of telephone service. Gus Gaynor, President of Gaynor Telesystems, opined that the RFP was not made moot, but merely revised. He understood that the City's goal was to still work toward an RFP with certain specifications, which in fact, Gaynor Telesystems met and, in some cases, exceeded. Based on the feedback received from staff, he believed Gaynor Telesystems was still the low bidder. He did not believe that many of the technical points referenced by Ms. Vokal were part of the RFP and were quite subjective. He related that the product being offered by Gaynor is the best it has to offer in terms of the PBX and voice mail system. He requested that the bid be awarded to Gaynor Telesystems. Council Member R. Anderson requested Mr. Gaynor to respond to the letter received from Diane Brown of Comlink Consulting which states: "As a company, Gaynor will be less aggressive or capable of helping design and build a communication network." Mr. Gaynor replied that Ms. Brown would have to address that statement. He noted that Gaynor has successfully completed several projects for the City. 15 07/18/95 Tom Pasley, Siemens Rolm Communications Systems, Inc., concurred that the controlling value for a request such as this should be the criteria spelled out in the RFP. He indicated that in addition to the technical specifications noted in the RFP, the City was wisely considering the experience and proven track record of the vendor when making its final selection. Considering the complexity of the issue and the technical issues which are difficult to articulate, he believed the committee did an excellent job. He cautioned that if the City does not have industry standard CPUs and architecture which is designed specifically for attaching anything to anything at any time, it may be necessary to perform regression testing to determine if an application will impact the switch. He also stressed the importance of the installation of hardware. He cited the Sacramento Municipal Utility District which purchased a low bid IVR four years ago and never installed it. He said a system was finally installed approximately a year ago as a result of a joint applications development study between Rolm, IBM and SMUD. Mr. Pasley continued that Rolm envisions the system going beyond the Customer Service Department, whereby the City would be able to link resources it already has invested in the AS400 and other computer databases to the telephone system to provide immediate access to other City employees. He stressed that this takes planning and expertise which Rolm is able to provide. Considering the ten-year period, the significant difference between one server architecture versus another architecture and the other issues mentioned, he stated that Rolm could add considerable value to the City and, most importantly, has a proven track record. In response to Council Member P. Anderson, Mr. Pasley stated that Rolm would offer two forms of training: 1) User training which familiarizes an individual with the telephone functions; and 2) One City employee would become factory certified for system administration of the ACD, system administration of the voice mail, and system administration of the switch itself. Council Member R. Anderson requested Diane Brown of Comlink Consulting to expand on her statement indicating that Gaynor would be less aggressive or capable of helping the City design and build a communication network. Diane Brown, Comlink Consulting, explained that her role was to evaluate the proposals to ensure they met bid specifications. Regarding Council Member R. Anderson's question, she related that Rolm has a department which constantly monitors the customer and recommended changes when new products become available. Gaynor Telesystems contacts customers through a form letter advising them of new products on the horizon, but is not as aggressive. She had no doubt, however, that Gaynor would be able to install a system which met the City's needs. She noted that Gaynor's expertise at handling ACD is not as extensive. In response to Council Member P. Anderson, Ms. Brown indicated that Rolm utilizes a technician who is based in Paradise and response times depend on his location. She stated that reference checks indicate Mercy Medical Center, Viacom, as well as other customers, are very satisfied with the level of service being provided by Rolm. She concurred that Gaynor would be able to provide faster service due to proximity but would be dependent on the location of the technician. In response to Council Member Murray, Ms. Brown confirmed that both proposals met the criteria set forth in the RFP. In response to City Attorney Wingate, Ms. Brown stated that both systems are digital and that busy hour calls are difficult to compare from one company to another. She explained that both systems are capable of hooking up to other applications and meeting future City needs. Ms. Brown stressed that when dealing with such technical issues, subjectivity cannot be left out and such things as the company's track record and experience need to be considered. She said that while such things cannot be written into bid specifications, the RFP states that the City reserves the right to choose what they feel is best. 16 07/18/95 In response to City Manager Warren, Ms. Brown reiterated that both proposals met bid specifications and the two proposals were as equal as possible. She indicated the one matter she could support was Rolm's expertise in implementation. Based on her limited involvement, she could not recommend one system over another and felt both companies could provide good equipment and service. In Ms. Brown's view, the decision should be based on track records. Council Member Murray questioned how the City Council could determine whether it was receiving a "Rolls Royce" instead of a "Chevrolet." Ms. Brown replied that when dealing with technical issues certain things could be specified, however, room has to be left for subjectivity. Council Member Murray asked Ms. Brown if she would recommend the City focusing more energy on developing bid specifications or analyzing the internal needs before bid specifications are issued. Ms. Brown pointed out that this was her first business dealing with the City and was not involved in the entire process. She stated it is important to find a good analyzing process and recommended meeting with potential vendors prior to distributing bid specifications and learning what is available on the market. She cautioned, however, that this could be a time consuming process. Ms. Vokal related the committee did not place as much emphasis on proximity due to the system's on-line diagnostic capabilities. She noted that a technician is usually dispatched before the customer knows there is a problem with the switch. She explained that due to limited funds, Ms. Brown's scope of work was to evaluate the already prepared RFP, ensure that each vendor met bid specifications, and provide a list of areas which might be construed as strengths or weaknesses which the committee could evaluate and discuss. She reiterated that both vendors met bid specifications and staff has identified areas where it would be in the City's benefit to utilize a company that could provide expertise on future applications, rather than reinventing the wheel. She pointed out that Rolm manufacturers all the components they install, whereas Gaynor is a second party vendor. In response to Council Member P. Anderson, Ms. Vokal stated the price discrepancy regarding Gaynor's proposal is the result of meeting with Gaynor after the staff report was prepared. The price difference is the result of Gaynor eliminating the two-hour battery backup. She noted that if the City were to award the contract to Gaynor, she would not recommend that this item be deleted. While the battery backup was not a requirement of the RFP, it would be necessary if the City opts to utilize UPS in the future. If Rolm were to add a similar feature, the cost would be approximately $3,000. She noted that each vendor added features to their proposals which were not part of the bid specifications. In response to Council Member P. Anderson, Ms. Vokal indicated that the vendors were informed that the installation of cable and jacks would not be necessary as Customer Service was rewired during its recent expansion. Council Member P. Anderson stated that it is difficult to award a contract to the higher bidder. She recommended obtaining a better cost comparison and requested a response to each point made in the letter received from Gaynor Telesystems. Ms. Vokal responded that there is not a yes/no answer. The committee only focused on the fact that minimum specifications were met. If the vendor provided more features, it was a plus and taken into consideration when making a final recommendation. She related Rolm has a stronger presence in the areas felt to be in the best interest of the City. Mr. Gaynor stressed that Gaynor's bid price has remained constant throughout the entire process, while Rolm's has constantly changed. He related that Gaynor's proposal included recabling and was under the impression that all bid proposals contained a similar cost. He stated 17 07/18/95 that the product being offered by Gaynor would handle all the City's present and future needs with regard to voice, data, and IVR. Mr. Pasley concurred that when dealing with such technical issues that the City should meet with vendors and receive their input prior to distributing an RFP. He stated that Rolm's price changed accordingly when changes were made by the City. He noted that Rolm's first proposal contained a cost for rewiring; however, when the revised specifications were received, it was determined that rewiring was not necessary and, therefore, eliminated. He stressed that Rolm is price sensitive and strives to keep its price low and competitive. He believed Rolm's experience and track record support its understanding of the total application process for a package such as this. In response to Council Member P. Anderson, Mr. Starman explained that the budget appropriation only covers the upfront costs associated with the first year. The total bid, however, reflects maintenance for a five-year period in order to avoid cost escalation. Ms. Vokal explained that Customer Service has included a ten percent contingency to cover the cost of purchasing DID lines from Pacific Bell and T1 connectivity. She noted that this expenditure would be required regardless of which vendor receives the contract. While she did not know the exact cost, because staff has not yet pursued negotiations with Pacific Bell, she believed the ten percent contingency would be sufficient to cover the necessary expenses associated with the installation of the equipment. Mr. Starman complimented staff for their thorough job, as evidenced by the report and the information provided this evening. He recommended that the City Council award the contract to Rolm, as it can provide the best product to the fit the City's needs. Council Member Murray stated he had not heard any justification for spending $17,000 more for a product supplied by an out-of-town vendor. He acknowledged that staff has spent considerable hours analyzing the various systems, but no one has said that one of the systems will not be able to do the required job for the next ten years. He indicated there has been considerable conversation as to why staff likes one system better than the other, however, that is not sufficient justification for spending an additional $16,000 to $17,000. He recommended that the City Manager oversee the award of this contract and ensure that the right components are received. He referenced the fact that Gaynor provided the telephone system for the new transfer facility and saw no reason they would not be able to provide an adequate telephone system for Customer Service and RABA. Council Member R. Anderson expressed concern about maintaining the integrity of the City's bidding process when so much subjectivity was involved in the process. He suggested that when such technical matters are involved, that the City utilize a consultant to write the bid specifications. He noted that the City Council has previously decided that they do not want to automatically give a contract to a "Cadillac" company and viewed staff's recommendation as a step backwards. He found it difficult to support staff's recommendation and still maintain the integrity of the City's bidding process and a desire to award contracts locally whenever possible. Based on information provided and comments made this evening, he believed both proposals would adequately meet the City's needs and recommended awarding the contract to the low bidder. Council Member P. Anderson concurred that there are subjective points when evaluating high technology, but indicated they should only be considered when everything else is fairly equal, including price. She stated it is the City Council's responsibility to represent the community, spend money carefully, and purchase items which meet the City's needs, and not the "Cadillac" of the line, and was, therefore, reluctant to award the bid to the high bidder. Council Member McGeorge stressed that the City should not be sending a message to potential vendors that it is alright to add features over and 18 07/18/95 above those requested in the bid specifications, and still expect to receive the contract. Mayor Kehoe concurred with the comments of the other City Council Members. He stressed the importance of maintaining the integrity of the RFP process. He also expressed concern over the fact that the City Council and staff appear to be out of sync in this area and viewed this as an opportunity to review the bidding process. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to award the contract for the acquisition and installation of a private business communication system for Customer Service and Redding Area Bus Authority to Gaynor Telesystems in the amount of $153,461, plus an optional $44,800 for four-years maintenance. The Vote: Unanimous Ayes MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that Resolution No. 95-165 be adopted, a resolution of the City Council of the City of Redding adopting the 6th amendment to City Budget Resolution No. 95-153 appropriating $97,740 for the joint purchase of a private business communication system for Customer Service and Redding Area Bus Authority. 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. 95-165 is on file in the office of the City Clerk. AWARD OF ECONOMIC DEVELOPMENT ADMINISTRATION GRANT TO TURTLE BAY (G-100-070 & C-070-250-250) Acting Planning Director Keaney recalled the City Council, at its meeting of February 7, 1995, authorized the City to be a co-applicant with the Alliance of Redding Museums (ARM) for a $1.6 million grant to the Economic Development Administration (EDA). A letter was received from the Regional Director of EDA announcing approval of the grant award subject to several conditions. He stated the conditions have been reviewed by staff, and the City Manager has signed the award accepting the grant funds on behalf of the City. He related that Turtle Bay is anticipating that it will start construction on utilities, parking, site grading, and a log mill exhibit by September 1, 1995. The Federal funds cover 80 percent of the parking, site and utility work. This was an information item and no action was required. RESOLUTION - Public Interest and Necessity re Acquisition of Property from Richard A. Falk and Christelle B. Falk for South Airport 115/12kV Transmission Line Project RESOLUTION - Public Interest and Necessity re Acquisition of Property from Shasta-Butte Electrical Workers Pension Trust for South Airport 115/12kV Transmission Line Project (C-070-010 & E-090-160-600) Council Member Murray abstained from discussion and voting on this matter. Electric Utility Engineering Manager Russell provided the City Council with background information regarding the South Airport 115/12kV Transmission Line and the need to acquire the subject project in the Report to City Council dated July 5, 1995, incorporated herein by reference. It was noted that this information was discussed in detail at the June 20, 1995, City Council meeting. The purpose of continuing the matter was to allow the City Attorney an opportunity to properly notify the parties of the purpose of the hearing. Mayor Kehoe asked if either party was present and wished to address the City Council. Norma Comnick, Chair of the Board of Trustees for the Shasta-Butte Electrical Workers Pension Trust Fund, conveyed that the position of the Shasta-Butte Electrical Workers Pension Trust Fund was stated on June 19 07/18/95 20, 1995. She expressed concern that the City's acquisition of the property might create problems with the Department of Labor. She stated the Trust Fund was doing everything possible to protect itself. City Attorney Wingate assured Ms. Comnick that the City's actions were controlled by State and Federal Constitutions, therefore, there should be no problems with the State's Department of Labor. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-166 be adopted, a resolution of the City Council of the City of Redding finding that public interest and necessity require the acquisition of a 15' permanent overhead electric utility easement containing 0.11 acre of 4,792 (+) square feet for a transmission line for necessary public improvements, namely the construction and maintenance of the South Airport 115/12kV Transmission Line Project, owned by Richard A. Falk and Christelle B. Falk, and is generally located 150 feet south of the south side of Sylvia Lane and 2,500 feet west of Kisling Road, in Shasta County, California (APN 054- 290-35). 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 Resolution No. 95-166 is on file in the office of the City Clerk. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-167 be adopted, a resolution of the City Council of the City of Redding finding that public interest and necessity require the acquisition of a 15' and 10' permanent overhead electric utility easement over Assessor Parcel Nos. 054-300-17, 19 respectively, containing 0.38+ acre, for a transmission line for necessary public improvements, namely the construction and maintenance of the South Airport 115/12kV Transmission Line Project, owned by Shasta-Butte Electrical Workers Pension Trust, and are generally located at the end of Lyal Lane, in Shasta County, California. 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 Resolution No. 95-167 is on file in the office of the City Clerk. RESOLUTION - Amending City Council Policy No. 1201 re Certain Uses of City Parks and Recreational Facilities for Fund-Raising Purposes ORDINANCE - Amending Redding Municipal Code Chapter 10.20 entitled Public Parks-Prohibited Activities *(A-050-060-555 & P-050) Director of Recreation and Parks Riley recalled that the Recreation and Parks Commission Policy 13 was adopted by the City Council in 1968 and subsequently incorporated in the City Council Manual as No. 1201. The Recreation and Parks Commission, at its meeting of May 24, 1995, recommended that the policy be amended due to the following reasons: 1) Allow Policy to be brought into conformance with the Redding Municipal Code; 2) The Commission no longer reviews all applications for use; 3) Increase insurance limits and referencing the approved wording of the Risk Manager; 4) Clarify the approval and appeal process; and 5) Add non-discrimination and hold harmless clauses, as well as restrictions referenced in paragraph D of said policy. It is the recommendation of both the Recreation and Parks Commission and staff that the City Council adopt a resolution amending City Council Policy 1201 as depicted in the Report to City Council dated July 3, 1995, incorporated herein by reference. It is further recommended that the City Council offer the necessary ordinance for first reading adding the following parks to Redding Municipal Code Chapter 10.20 and waive the full reading of said ordinance: Meadow Creek Park, Minder Park, Northridge Gardens Park, Stillwater Heights Park, and Softball Park. 20 07/18/95 MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-168 be adopted, a resolution of the City Council of the City of Redding amending its Policy No. 1201 on certain uses of City parks and recreational facilities for fund-raising purposes. 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. 95-168 is on file in the office of the City Clerk. Council Member R. Anderson offered Ordinance No. 2132 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 10.20 entitled Public Parks - Prohibited Activities, by adding the following parks: Meadow Creek Park, Minder Park, Northridge Gardens Parks, Stillwater Heights Park, and Softball Park. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2132 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes ORDINANCE - Authorizing City Attorney to contract for special legal and support services not exceeding $25,000 * (A-050-050 & L-100) City Attorney Wingate explained that the City Attorney's Office is responsible for processing all litigation, including pending or threatened litigation in which the City is involved. This responsibility includes prosecution, defense, investigation, review and monitoring. In most matters, the City Attorney's Office maintains sole responsibility of the prosecution or defense of the litigation from beginning to end. Occasionally, the nature and complexity of pending or threatened litigation requires the use of specialized services, including the use of legal counsel specializing in a particular field, and the use of special investigators and expert consultants and witnesses who have special training in a particular field. Mr. Wingate related that it is important for the City Attorney to have the authority to utilize special services when necessary. State law requires that all contracts executed by the City be signed by the Mayor unless by ordinance the authority to execute particular contracts has been delegated to an officer of the City. It is, therefore, the recommendation of staff that the City Council offer the necessary ordinance for first reading authorizing the City Attorney to contract for special legal services not exceeding $25,000 and waive the full reading of said ordinance. Council Member McGeorge offered Ordinance No. 2133 for first reading, an ordinance of the City Council of the City of Redding adding Section 2.12.030, Contracts for Special Services, to the Redding Municipal Code, authorizing the City Attorney to contract for special legal and support services not exceeding $25,000. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2133 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS NOT REQUIRING ACTION * (A-050-040 & A-050-270) City Clerk Strohmayer read the letter received from the NorCal State Harley Owner's Group Rally expressing appreciation to the City for its assistance during their recent rally at the Convention Center. CLOSED SESSION * (L-100 & A-050-080) Mayor Kehoe stated the City Council would adjourn to closed session to discuss the following: 1) Conference with legal counsel pursuant to 21 07/18/95 California Government Code Section 54956.9(a) regarding existing litigation: Barbara Joan Jennings v. City of Redding, Shasta County Superior Court Case No. 117691; Court of Appeal, Third Appellate District, Case No. 3 Civil C017682; and 2) City Manager's performance evaluation pursuant to California Government Code Section 54957. At the hour of 10:13 p.m., Mayor Kehoe declared the meeting adjourned to closed session. At the hour of 11:15 p.m., Mayor Kehoe reconvened the meeting to regular session. No reportable action was taken. ADJOURNMENT There being no further business, at the hour of 11:15 p.m., Mayor Kehoe declared the meeting adjourned. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Clerk