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HomeMy WebLinkAboutMinutes - City Council - 1996-08-20 205 Redding City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California August 20, 1996 7:00 p.m. The Pledge of Allegiance to the flag was led by Council Member R. Anderson. The invocation was offered by Pastor Harold Johnson, Twin View Assembly. The meeting was called to order by Mayor McGeorge with the following City Council Members present: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge. Also present were City Manager Warren, City Attorney Wingate, City Treasurer Linville, Fire Chief Wagner, Development Services Director Swanson, Police Captain Byard, Director of Community Services Gorman, Finance Officer Strong, Assistant City Engineer Aasen, Principal Planner Keaney, Acting Building Official Gungl, Senior Planner Hanson, Associate Planner DeMallie, Housing Program Supervisor Meek, City Clerk Strohmayer, and Secretary to the City Council Rudolph. CONSENT CALENDAR Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 3, for the period August 1, 1996, through August 15, 1996, check numbers 235642 through 236259 inclusive, in the amount of$4,019,064.49, and Payroll Register No. 3, for the period July 28, 1996, through August 10, 1996, check numbers 423024 through 423689 inclusive, and electronic deposit transaction numbers 31298 through 31593, totaling $1,308,411.40, be approved. TOTAL: $5,327,475.89 Resolution - re Agreement with A. G. Edwards & Son, Inc. For Investment Banking Services and Selection of Bond Counsel (D-050 & C-050-025) It is the recommendation of the Administrative Services Director that Resolution No. 96-150 be adopted, a resolution of the City Council of the City of Redding approving entering into an underwriting agreement with A.G. Edwards& Sons, Inc. for investment banking services associated with the financing of the Civic Center project. It is further recommended that the City Attorney be authorized to utilize the firm of Orrick, Herrington, & Sutcliffe as bond counsel for this financing. Resolution - CDBG Funding Agreement with Golden Umbrella for Project Match (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-151 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $8,259.00, between the City of Redding and the Golden Umbrella for Project Match, for the period September 1, 1996, through August 31, 1997, and authorizing the City Manager to sign same. Resolution - CDBG Funding Agreement with Shasta Family YMCA for Landscaping and Restroom/Shower Facilities for Swimming Pool (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-152 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $26,000, for the period September 1, 1996, through August 31, 1997, between the City of Redding and the Shasta Family YMCA for landscaping and bathroom/shower facilities, and authorizing the City Manager to sign same. 08/20/96 206 Monthly Activity Report - Development Services Department (A-050-250) It is the recommendation of the Development Services Director that the City Council accept the Development Services Department's Monthly Activity Report through July 1996 which covered the following work areas: (1) Zoning, Subdivision, and General Plan Amendments; (2) Building and Population; (3) Housing Assistance and Rehabilitation; and (4) General Plan Update. Resolution - Agreement with Superior California Economic Development District re Economic Development Revolving Loan Fund (G-100-030-041 & E-050) It is the recommendation of the Development Services Director that Resolution No. 96-153 be adopted, a resolution of the City Council of the City of Redding executing an agreement between the City of Redding and the Superior California Economic Development District for the Economic Development Revolving Loan Fund, for the period September 1, 1996, through February 29, 1998, and authorizing the Mayor to sign same. Resolution - re Adoption of New Section 3 Plan of the U. S. Department of Housing and Urban Development Act for Increased Economic Opportunities in Federally-Funded Programs (G-100-030-041 & E-050 & G-100-170) It is the recommendation of the Development Services Director that Resolution No. 96-154 be adopted, a resolution of the City Council of the City of Redding approving adoption of the new Section 3 Plan for Increased Economic Opportunities in Federally-Funded Programs. Resolution - re CDBG Funding Agreement with Shasta Homeless Shelter Coalition for Winter Armory Emergency Shelter (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-155 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $25,000, for the period November 1, 1996, through April 30, 1997, between the City of Redding and the Shasta Homeless Shelter Coalition for the winter armory emergency shelter, and authorizing the City Manager to sign same. Resolution - re CDBG Funding Agreement with Shasta Natural Science Association and Redding Museum of Art & History (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-156 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $15,037, for the period September 1, 1996, through August 31, 1997, between the City of Redding and the Shasta Natural Science Association and the Redding Museum of Art and History for the Community Oriented Policing and Problem Solving (COPPS) Program, and authorizing the City Manager to sign same. Resolution - re CDBG Funding Agreement with Shasta County Women's Refuge for Housing and Counseling Services (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-157 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $35,000, for the period November 1, 1996, through October 31, 1997, between the City of Redding and the Shasta County Women's Refuge for housing and counseling services, and authorizing the City Manager to sign same. Resolution - re CDBG Funding Agreement with Shasta Senior Nutrition Program for Emergency Food Assistance (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-158 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $7,500, for the period September 1, 1996, through August 31, 1997, between the City of Redding and the Shasta Senior Nutrition Programs, Inc., for emergency food assistance, and authorizing the City Manager to sign same. 08/20/96 207 Resolution - re CDBG Funding Agreement with Golden Umbrella for Replacement Heating and Cooling System for Adult Day Health Care Program Facility (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-159 be adopted, a resolution of the City Council of the City of Redding approving the agreement, in an amount not to exceed $15,000, for the period September 1, 1996, through August 31, 1997, between the City of Redding and the Golden Umbrella for the purchase of a replacement heating and cooling system, and authorizing the City Manager to sign same. Award of Bid - Bid Schedule No. 3026, Single-Phase and Three-Phase Pole Type Distribution Transformers (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3026, single-phase and three-phase pole type distribution transformers for the period September 1, 1996, through August 31, 1997, be awarded as follows: single-phase, pole-type distribution transformers to Central Moloney, Inc., in the evaluated amount of$235,328.48 (delivered cost $97,687.00), and three-phase, pole-type distribution transformers to Kuhlman Electric in the evaluated amount of$101,758.68 (delivered cost $44,718.00). Funds for these purchases are included in the 1996-97 budget. Resolution - Appropriating Funds for Roof Renovation of Recreation and Parks Offices at 1250 Parkview Avenue *(B-130-070 & C-050-100) It is the recommendation of the Community Services Director that Resolution No. 96-160 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 5th amendment to City Budget Resolution No. 96-130 appropriating $14,000 for the re-roof of the Recreation and Parks building. Award of Banking Services - Contract with Union Bank of California (Bid Schedule No. 3024) (B-050-100 & A-050-100) It is the recommendation of the City Treasurer that the City Council accept the Report to City Council dated August 12, 1996, incorporated herein by reference, concerning the City Treasurer award of Bid Schedule No. 3024, banking services, to Union Bank of California for a four-year period. Appointment of Representative - Regional Transportation Planning Agency (RTPA) Policy Committee re SR299 Major Investment Study (S-070-100) It is the recommendation of the Public Works Director that the City Council appoint the City Manager or his designee to represent the City of Redding on the Regional Transportation Planning Agency Policy Committee for the State Route 299 Major Investment Study. Annexation Agreement - Water Service for Ed and Susan Green (12099 Tennessee Drive) (A-150 & W-030-500) It is the recommendation of the Public Works Director that the City Council approve the Annexation Agreement with Ed and Susan Green to provide water service to 12099 Tennessee Drive. Resolution - Amending Contract with CH2M Hill for Phase 3 of the Clear Creek Lift Station Expansion Project (W-020-560) It is the recommendation of the Public Works Director that Resolution No. 96-161 be adopted, a resolution of the City Council of the City of Redding authorizing entering into Amendment No. 1 to the Phase 2 CH2M Hill Standard Agreement for Professional Services No. C-3389 approved by the City Council on January 16, 1996. This amendment will add Phase 3 construction administration services on Clear Creek Lift Station Expansion Project in an amount not to exceed $150,000. Notice of Completion - Bid Schedule No. 2984, Reroofing of Redding Convention Center (B-050-020 & C-050-050) It is the recommendation of the Public Works Director that Bid Schedule No. 2984, reroofing of Redding Convention Center, be considered satisfactorily completed, the City Clerk authorized to file a Notice of Completion, and that the remaining $2,572 of the construction contract due the contractor, Don Gallino, Inc., be released. 08/20/96 208 Selection of Consultant - re Safe Routes to School Study (T-100-375) It is the recommendation of the Public Works Director that staff be authorized to select Fehr & Peers, Associates, Inc. to prepare the Safe Routes to School Study and authorize staff to enter into contract negotiations. Funds in the amount of$40,000 have been appropriated for this study by the Regional Transportation Planning Agency. Extension of Subdivision Agreement - River Ridge Park Subdivision, Unit 4 (S-1-93) (S-100-654-600) It is the recommendation of the Public Works Director that the City Council extend the subdivision agreement for River Ridge Park Subdivision, Unit 4, for a period of 90 days (November 16, 1996) and reduce the security to $112,500. Resolution -Legal Services Agreement with Duncan, Weinberg, Miller& Pembroke, P.C. re Electric Department FERC related Legal Matters (E-120-050 & A-050-125) It is the recommendation of the City Attorney that Resolution No. 96-162 be adopted, a resolution of the City Council of the City of Redding extending the legal services agreement (C-3332) with the law firm of Duncan, Weinberg, Miller&Pembroke, P.C., for Electric Department FERC-related legal matters. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, Kehoe, Murray and McGeorge Noes: Council Members - None Absent: Council Members -None Resolution Nos. 96-150, 96-151, 96-152, 96-153, 96-154, 96-155, 96-156, 96-157, 96-158, 96-159, 96-160, 96-161 and 96-162 are on file in the office of the City Clerk. PUBLIC HEARING -re Appeal of Revocation of Home Occupation Permit, HO-283-95, by Gregg Hitchcock (3097 Sunglow Drive) (L-010-130) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding the appeal of revocation of Home Occupation Permit HO-283-95, by Gregg Hitchcock. The following items on are file with the City Clerk: Affidavit of Mailing -Notice of Public Hearing Affidavit of Publication -Notice of Public Hearing Planning Commission recommendation dated July 31, 1996 City Clerk Strohmayer advised that a letter opposing the Home Occupation Permit was received from Bobbie Murney. Principal Planner Keaney provided an overview of the Report to City Council dated July 31, 1996, incorporated herein by reference, concerning the appeal of revocation of Home Occupation Permit HO-283-95 by Gregg Hitchcock. He related that the Board of Administrative Review, at its June 12, 1996, meeting, revoked the Home Occupation Permit issued to Gregg Hitchcock for the establishment of an office for a television station at his residence at 3097 Sunglow Drive. The Planning Commission, at its July 9, 1996, meeting, denied a request by Mr. Hitchcock: for reinstatement of the Home Occupation Permit. Subsequently,Mr. Hitchcock appealed the revocation action to the City Council. Mr. Keaney explained that the basis of revoking the permit is the illegal installation of television antennas. He stated that the Home Occupation Permit requires that there be no exterior visibility of a business being conducted at the premises. He indicated that Mr. Hitchcock initially installed two antennas and after being notified of the violation, installed a third antenna. Mr. Keaney indicated that one of the antennas has been removed since the Planning Commission's decision. 08/20/96 209 It is the recommendation of staff that the City Council deny Mr. Hitchcock's appeal and uphold the Board of Administrative Review's revocation of HO-283-95. Stephen Baker, representing Mr. Hitchcock, explained that the operation of Channel 46 had been transferred to a east coast entity as of June 28, 1996, and that a lease had been executed for a new premises located on Caterpillar Road on August 12, 1996. He indicated that one of the antennas had already been moved, and it was anticipated that the remaining antennas would be removed as early as the end of the week, as the foundations were currently being erected. He stated that the City Attorney had been provided a letter from the contractor which anticipated the antennas would be moved by August 23, 1996. George Masi, 4596 Crimsonwood Drive, related that Mr. Hitchcock had previously indicated that the antennas would be moved by July 9, 1996. He questioned whether the residents could be assured that the antennas would be removed by the end of the week or the end of the month. Mayor McGeorge determined that there was no one else present wishing to address the City Council on this matter and closed the public hearing. In response to Council Member R. Anderson, City Attorney Wingate clarified that if the City Council denies the appeal, Mr. Hitchcock would have ten days to remove the antennas. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to deny Mr. Hitchcock's appeal and uphold the Board of Administrative Review's revocation of Home Occupation Permit HO-283-95 issued at 3097 Sunglow Drive to Gregg Hitchcock. The Vote: Unanimous Ayes PUBLIC HEARING- re Rezoning Application RZ-4-96, by Jaxon Baker (Southwest corner of the intersection of Churn Creek Road and Browning Street) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding Rezoning Application RZ-4-96. The following documents are on file in the office of the City Clerk: Affidavit of Mailing -Notice of Public Hearing Affidavit of Publication -Notice of Public Hearing Planning Commission recommendation dated August 13, 1996 City Clerk Strohmayer noted that a letter was received from Marilyn Rasmussen and is included in the Report to City Council dated August 13, 1996, incorporated herein by reference. Principal Planner Keaney highlighted the Report to City Council concerning the request to rezone a one-acre portion of a larger parcel located at the southwest corner of the intersection of Churn Creek Road and Browning Street from "R3-20-F" Multiple-Family Residential District with Site Plan Review Combining District to"C2-F" Central Commercial District with Site Plan Review Combining District. He related that the purpose of the rezoning was to bring the property into conformance with the property's "Retail" General Plan classification. Mr. Keaney noted that the Report to City Council addresses Ms. Rasmussen's concerns. It is the recommendation of both the Planning Commission and staff that the City Council ratify the Negative Declaration, approve the rezoning of the property as recommended, offer the necessary ordinance for first reading, and waive the full reading of said ordinance. Mayor McGeorge determined that there was no one present wishing to address the City Council on this matter and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to approve the rezoning as recommended and make the following findings regarding RZ-4-96: 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 08/20/96 210 Negative Declaration authorized by the Planning Commission on July 9, 1996. The Vote: Unanimous Ayes Council Member R. Anderson offered Ordinance No. 2157 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "C2-F" Central Commercial District with Site Plan Review Combining District (RZ-4-96). MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2157 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes PUBLIC HEARING-re Amendment to Redding Municipal Code Section 18.78 re Zoning Code and General Plan Amendment Requirements Relative to Setting Public Hearings (L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding the amendment to Redding Municipal Code Section 18.78. The following documents are on file in the office of the City Clerk: Affidavit of Publication -Notice of Public Hearing Planning Commission recommendation dated August 1, 1996 City Clerk Strohmayer advised that no protests were received. Development Services Director Swanson provided an overview of the Report to City Council dated August 1, 1996, incorporated herein by reference, concerning the amendment to Redding Municipal Code Chapter 18.78 pertaining to procedures for amendments to the Zoning Code and the General Plan. He explained that the primary purpose of the amendment is to streamline the process and eliminate the need for the City Council to set the public hearing on these matters. It is the recommendation of both the Planning Commission and staff that the City Council ratify the Negative Declaration, offer the necessary ordinance for first reading, and waive the full reading of said ordinance. Council Member Kehoe questioned whether this change would compromise the public's right to a fair and open hearing. Mr. Swanson related that the public would still receive the same notification it currently does with regard to a public hearing. He indicated that the only step being eliminated is the communication to the City Council requesting that a public hearing be set. In response to Council Member Kehoe, City Clerk Strohmayer stated that she concurred with the proposed changes. Mayor McGeorge determined that there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to make the following findings regarding the amendment to Redding Municipal Code Chapter 18.78: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Planning Commission on July 9, 1996. The Vote: Unanimous Ayes Council Member R. Anderson offered Ordinance No. 2158 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 18.78.050 (a) entitled City Council action, thereby allowing the City Clerk to set the appropriate public hearings. 08/20/96 211 MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2158 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MUSICAL ARTS LEAGUE FUNDRAISER (A-110-100 & S-070-050-100) City Manager Warren summarized the Report to City Council dated August 12, 1996, incorporated herein by reference, concerning the Musical Arts League's (League) annual fundraising event. He related that this year the League is requesting to utilize the Diestelhorst Bridge Saturday, September 14, 1996, from 6:00 p.m. to 11:00 p.m. for a dinner/dance. Mr. Warren related that one of the conditions imposed by the Recreation and Parks Commission was for the League to request the City Council's approval of the event, as well as the sale of alcoholic beverages. He noted that there would be minimum staff costs associated with the event. It is the recommendation of staff that the City Council approve the sale of alcoholic beverages at the League's dinner/dance. Council Member Kehoe questioned whether the public's access to the bridge would be limited during this period of time. Mr. Warren indicated that there would be ropes, however, the public could still cross the bridge. In response to Council Member Kehoe, Mr. Warren related that there would be no fees associated with utilizing the bridge. Council Member Kehoe viewed this situation as being tantamount to utilizing the Convention Center, and suggested that staff consider imposing fees for uses such as this. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the City Council approve the sale of alcoholic beverages at the Musical Arts League's dinner/dance to be held on the Diestelhorst Bridge Saturday, September 14, 1996, from 6:00 p.m. to 11:00 p.m. The Vote: Unanimous Ayes SACRAMENTO RIVER REGULATIONS (R-200-600) City Manager Warren recalled that the Ninth District Court of Appeals found that the City could not deny personal watercraft access and use of the Sacramento River. He explained that the City could not discriminate against vessels of like horsepower. He stated that the basis for the finding was that Federal regulations tied to the $423,000 in Federal funding for the South Bonnyview Boat Ramp created a Federal right of access and use of the Sacramento River. He indicated that the City's options need to be tempered by the Ninth District's decision and the settlement agreement between the City, Patrick Buckley, and the personal watercraft industry. Mr. Warren related that the City Council directed staff to provide recommendations on how to preserve the Sacramento River's serenity and environment by involving the community and various governmental agencies. He noted that the City Attorney has advised that new regulations cannot be adopted without a thorough review by his office. Mr. Warren thanked the committee members for an outstanding job. He indicated that during the committee meetings, the Sheriff's Department surveyed the river and estimated that approximately two personal watercraft per day utilize the river. He noted that many consider the water in the river too cold, too fast, and too narrow to be a high use area for personal watercraft. In addition, to date 50 citations have been issued for equipment and safety reasons only. Mr. Warren stated that the Sheriff's Office has limited staffing, but does utilize radar guns. He related that the Sheriffs Department was adamant that the existing 25 mph limit was the minimum speed necessary to safely navigate through shallow riffle areas. He indicated that while the Department of Fish and Game was cooperative and cordial in this process, it was non-decisive. Mr. Warren explained that the committee looked at both short-term and long-term solutions. The solutions included: (1)establish special use areas; (2) increase fines; (3) increase education; (4) gain back the full range of regulatory powers held prior to the Ninth District Court's action by either 08/20/96 212 reimbursing the Federal government for the monies utilized in constructing the South Bonnyview Boat Ramp or convincing the Fish and Wildlife Department to amend that portion of the regulations which resulted in the Federal right of access ruling adopted by the Ninth District Court of Appeal; and (5) establish a comprehensive river management plan. Mr. Warren recommended that the City Council take the following action: (1) direct the City Attorney to draft an ordinance, within the proper legal parameters, designating areas that will restrict all watercraft; (2) approve the installation of signage along the river and direct that an accompanying ordinance be prepared for adoption which would set a 25 mph speed limit in the channel and 5 mph on the periphery; (3) direct staff to work with the Sheriff's Office to provide the Sheriff with the necessary enforcement powers regarding flagrant violations; (4) direct staff to conduct a public education program on the benefits of the river and the proper conduct in using it; (5) direct the City Attorney to work with the U.S. Fish and Wildlife Department in an effort to eliminate the regulation which resulted in a Federal right of access; and (6) involve citizens in the preparation of a river management plan. Mr. Warren stressed that while the regulations need to be based on strong legal ground, they also need to be consistent in protecting the wildlife. He explained that the goal of the regulations is to preserve wildlife, the river and its tranquility. In response to Council Member R. Anderson, Mr. Warren clarified that the committee was not a formal committee, but merely comprised of interested citizens. Cookie Kravitz, 7083 Bohn Blvd., thanked the City for utilizing a committee which consisted of a broad spectrum of community members. She related that owners of personal watercraft have started a jet ski club, because they are also worried about the situation. She indicated that the club meets on the fourth Wednesday of each month and invited staff to attend one of their meetings to receive additional feedback on the issue. In her opinion, the main problem is lack of public knowledge, as there are no brochures or maps concerning the Sacramento River. Harry Delanty, 3357 Harlan Drive, supported the City Manager's recommendations and urged the City Council to support them, as well. Chuck Endres, Cool River Cruises, 3372 Oakwood Place, stated that in checking with the Sheriff's Department, he found there were 29 or 30 personal watercraft on the river in 48 days from the Anderson-Cottonwood Irrigation Canal to the City limits, or .6 per day. He asked that the City Council carefully consider the matter of whether to close the river to power boats from the posse grounds to the Highway 299 bridge. He indicated that if the restrictions are implemented, it would probably put him out of business. He recalled that in 1978 he proposed to operate a 35 to 40-foot jet boat on the river, however, due to the controversy, he withdrew the request. He explained that he purchased a 22-foot jet boat which he now operates on the river. He takes individuals on a 25- mile river cruise for$25, which allows individuals, who might not otherwise be able to do so, to enjoy the river. He related that he has taken 500 to 1,000 individuals down the river and discussed the river's history, culture, hydraulics, safety, ecology, and wildlife. Richard Baumann, 6941 Riverside Drive, concurred with the City Manager's recommendations. If the Sheriff's Department does not believe there is a problem on the river, he offered to bring in residents along the river to testify to the contrary. He stressed that he wants to ensure the river's preservation. On behalf of the Sacramento River Preservation Trust, Mr. Baumann related that the Trust also supports the City Manager's recommendations, particularly the development of a River Management Plan. Council Member Murray noted that the Department of Fish and Game (DFG) has the authority to protect spawning grounds on the river and questioned why it had not commissioned such a study. He explained that the City is proposing a solution, but has no empirical data on which to base the solution. He related that the DFG should have money for this study, as the citizens, through their electric bills, are paying money to the Central Valley Project. He noted that the City collected $406,000 in 1994 and $729,000 in 1995 which went to the Central Valley Project for studies such as this. He opposed making any final decisions until such time as the DFG does the job it is supposed to do and conducts an environment assessment. 08/20/96 213 Council Member Kehoe believed the community is interested in a reasonable approach to watershed management and he was prepared to support the City Manager's recommendations. Council Member P. Anderson noted that Council Member Murray's comments had merit. She suggested that an additional recommendation be added, whereby the City would request DFG to perform an environmental study on salmon spawning grounds which should assist in establishing speed limits and restricting certain areas to motorized watercraft. City Attorney Wingate cautioned that there are some issues which still need to be considered regarding total restriction of watercraft on the river. Mr. Warren related that specific details would be brought back for the City Council's consideration. Mayor McGeorge concurred with Council Member P. Anderson's recommendation to direct staff to request DFG to perform an environmental assessment on salmon spawning grounds and suggested that the language to DFG be strong. Council Member Murray questioned whether action by the City Council would make the City responsible for an environmental impact report. He stressed that he had no interest in the City paying these costs, when DFG should be doing the work. Mr. Wingate did not believe the City would be responsible for an environmental impact report, as the impact on the river would be less, not greater. Council Member Kehoe questioned who would make the appointments to the ad-hoc committee. Mr. Warren replied that the issue would be brought back to the City Council after a discussion with the Mayor as to how he would like to proceed. Ray Bumbaugh, 8587 Future Drive, stated that natural resources are of the utmost importance to him, as he makes his livelihood by them. He concurred with the City Manager's recommendations. He stressed that it is not just motorized watercraft which cause damage. He stated that waders, drift boats, and canoes all have the ability to walk through a "red area" and not even know they are destroying it. He noted, however, that this is impossible to destroy"red areas" in the middle of the channel. He suggested that if portions of the river are to be closed, they should be closed to everyone. Council Member Murray clarified that his comments are meant to pressure the DFG into doing the job it is required to do by law. He did not want to make a decision without all the facts. MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to direct the City Attorney to draft an ordinance, within the proper legal parameters, designating areas that will be restricted to all watercraft; (2) approve the installation of signage along the river and prepare an accompanying ordinance for adoption which would set a 25 mph speed limit in the channel and 5 mph on the periphery; (3)direct staff to work with the Sheriff's Office to provide the Sheriff enforcement powers regarding flagrant violations; (4) direct staff to conduct a public education program on the benefits of the river and the proper conduct in using it; (5) direct the City Attorney to work with the U.S. Fish and Wildlife Department in an effort to eliminate the regulation which resulted in a Federal right of access; (6) involve citizens in the preparation of a River Management Plan for inclusion in the General Plan; and (7) direct staff to request the Department of Fish and Game to conduct an environmental impact study on salmon spawning habitat. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, Kehoe and McGeorge Noes: Council Members - Murray Absent: Council Members -None CIVIC CENTER ARCHITECTURAL AND PROGRAMMING AGREEMENT (C-050-025) City Manager Warren provided an overview of the Report to City Council dated August 15, 1996, incorporated herein by reference, regarding the Civic Center Architectural and Programming Agreement. He recalled that on May 21, 1996, the City Council approved hiring Nichols, Melburg &Rossetto(NMR)to perform the architectural services for the Civic Center project. These services included structural, mechanical, and electrical engineering. He related that negotiations have been 08/20/96 214 completed and a cost of$762,000, 6.64 percent of the entire project, has been reached. He noted that the agreement provides the following: (1) requires the architect to revise contract documents without charge if the low bid exceeds the fixed limit of the construction cost budget; (2) provides a 30-day cancellation clause; (3)provides$12,500 for additional programming to calculate space needs; and (4) includes $5,000 for phasing project. Mr. Warren stated that staff is also recommending that the City Council approve a contract with Sharrah, Dunlap, Sawyer, Irish, Inc. as the project's civil engineers. He indicated that this firm was part of the original project team and that the contract would come under the auspices of the architect. He related that the cost of these services will be $55,000, which would be paid for by the Redding Redevelopment Agency. He said that the Public Works Department would design the street work and revision of the traffic signal at Akard and Cypress Avenues. He noted that the Project Manager is currently working on the wording of this agreement, which will be reviewed by the City Attorney prior to execution. Mr. Warren related that staff is recommending hiring B. Hodgson Construction Cost Consultants to prepare independent statements of probable cost based on the estimator's best judgment as the design professional familiar with the construction industry. He noted that the cost of this contract would not exceed $12,000. Mr. Warren recommended that the City Council approve the architectural contract with NMR, authorize the City Manager to sign the civil engineering contract with Sharrah Dunlap Sawyer Irish, Inc., and authorize the City Manager to sign the cost estimator's agreement with B. Hodgson Construction Cost Consultants. Mr. Warren related that this is one of the off ramps previously referenced, whereby the City Council could delay work on the Civic Center project. He cautioned that if the City conducts an election in March 1997 regarding Proposition 62, the architectural contract would be approximately 33 percent completed. He noted, however, that the City's revenue picture looks good and the need for momentum for a Civic Center project is immediate. He indicated that the Ten-Year Financial Plan includes $400,000 per year from the General Fund for bond payments toward the Civic Center. Given what is known today, he recommended that the City Council proceed with approving the three contracts as recommended. In response to Council Member Murray, Project Manager Wayne Nadon stated that the civil engineer's scope of work would be identified in an amendment to the architect's agreement to ensure the City is getting what it wants. He explained that the project architect would be responsible for structural, mechanical, and electrical engineering. Mr. Nadon stressed that he is personally responsible for ensuring that the work on the Civic Center is performed in a timely manner. In response to Council Member P. Anderson, Mr. Warren stated that the civil engineer's contract is separate from the architect contract to show that the architect's contract was brought in at a satisfactory price. Council Member Kehoe noted that when the City Council voted to proceed with the construction of the Civic Center, he held the minority position, as he did not share the same economic optimism. He believed the construction of the Civic Center did not merit the expenditure of dollars given the needs of the Police and Fire Departments, as well as the street system. With regard to the hiring NMR, he stated he again took the minority position, as it did not involve a Request for Proposals (RFP) process. He stressed that it is imperative that the City conduct business in a competitive fashion. Council Member Kehoe questioned whether RFPs would be issued for any of the remaining consultant work noted on Page 4 of the Report to City Council. Mr. Warren stated that an RFP would be issued for any work over $25,000. Council Member Kehoe asked the rationale of why the City did not issue an RFP for the work being performed by the civil engineers. Mr. Warren explained that this civil engineering firm was part of NMR's original contract and would ultimately be responsible for a portion of the work and, therefore, felt the architect should have the ability to assist in the selection. 08/20/96 215 Mayor McGeorge stated that his main concern is the worst case scenario whereby the City would loose the$4.2 million already collected by the City with regard to Proposition 62 and the $820,000 in additional annual income. He questioned whether the City would still be able to make the necessary bond payments. Mr. Warren stated it would be difficult, however, it may be possible to arbitrage and possibly buy back some of the bonds. Council Member Murray reiterated that the original contract with NMR was through an RFP process. He noted that Sharrah Dunlap was part of that original team and the honorable thing for the City to do would be to continue with this civil engineering firm. He expressed appreciation to staff for being able to negotiate the contract prices down. Mayor McGeorge related that if any additional financial impacts become known, he would have to vote against proceeding with the Civic Center. MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, to approve the architectural contract with Nichols, Melburg, & Rossetto, in the amount of$762,000, which includes the additional programming; authorize the City Manager to sign the additional civic engineering services contract in the amount of$55,000 with Sharrah, Dunlap, Sawyer, Irish, Inc. to be contained within the architect's contract; and authorize the City Manager to sign the cost estimator's agreement with B. Hodgson, Construction Cost Consultants, in the amount of$12,000. Voting was as follows: Ayes: Council Members -P. Anderson, R. Anderson, Murray and McGeorge Noes: Council Members - Kehoe Absent: Council Members -None At the hour of 8:36 p.m., Mayor McGeorge declared the meeting recessed. At the hour of 8:45 p.m., Mayor McGeorge reconvened the meeting to regular session. GENERAL FUND MONTHLY FINANCIAL REPORT (B-130-070) Finance Officer provided an overview of the Report to City Council dated August 8, 1996, incorporated herein by reference, concerning the General Fund Monthly Financial Report for June 1996. Total revenue to date($30.7 million)is below(2.5 percent) stags original cash flow estimate. Expenditures at year end(excluding encumbrances) total $33,577,985, well below the budget figure (as amended) of $35,468,001. He noted that "General Fund Debt Service" expenditures are understated by $619,000 due to the General Fund's portion of the debt service for the Corporation Yard not being separated out of the bond fund yet. He stated that this adjustment will be made before the audit figures are finalized. It is the recommendation of staff that the Monthly Financial Report for June 1996 be accepted. Council Member P. Anderson commended staff for bringing expenditures in under budget. She questioned whether the same problem would exist in the current year with regard to property tax revenues. Mr. Strong did not believe that the figures were overly conservative, but opined that they are probably close to what they will actually be for the current year. In response to City Manager Warren, Mr. Strong noted that the reserve in the Ten-Year Financial Plan is just under$4 million. He believed that once the numbers are finalized it will be close to $4.5 million. In response to Council Member Murray, Mr. Strong stated that the Ten-Year Financial Plan is constantly updated, however, staff would probably wait until October to update it again once the final numbers are known for fiscal year 1995-96. Mr. Warren interjected that the Ten-Year Financial Plan is updated four to six times per year, i.e., when property tax and sales tax are received, or when significant changes occur. Council Member Murray asked that the Ten-Year Financial Plan show how any changes affected the previous Ten-Year Financial Plan. 08/20/96 216 In response to Council Member Kehoe, Mr. Strong related that the 1996-97 fiscal year budget projects revenues to increase by three percent. MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to accept the General Fund Monthly Financial Report for June 1996. The Vote: Unanimous Ayes ELECTRIC UTILITY MONTHLY FINANCIAL REPORT (B-130-070) Finance Officer Strong provided an overview of the Report to City Council dated July 26, 1996, incorporated herein by reference, regarding the Electric Utility's Monthly Financial Report for June 1996. Mr. Strong stated that revenue is higher than anticipated due to the PacifiCorp transaction. He related that expenditures are trending below in most cases. He noted that an interest expense adjustment of$950,000 would need to be made. It is the recommendation of staff that the Monthly Financial Report for June 1996 be accepted. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, to accept the Electric Utility Monthly Financial Report for June 1996 as presented. The Vote: Unanimous Ayes REORGANIZATION OF BUILDING DIVISION (A-050-250-030) Development Services Director Swanson's Report to City Council dated August 12, 1996, incorporated herein by reference, outlined the proposed organizational changes within the Building Division. The proposed changes include: (1) Increasing the Building Official's salary range to $3,807-$6,007 per month; (2) Creating a new classification of Permit Center Supervisor at a salary range of$3,227-$5,426 per month; (3) Retitling the existing Senior Building Inspector classification to Building Inspection Supervisor; (4) Creating a new Senior Building Inspector Classification with a wage rate of $17.06-$21.32 per hour; and (5) Downgrading one vacant Plan Check Engineer position to a Plan Checker position. Mr. Swanson noted that if the City Council concurs with staff's recommendations, staff would seek a formal agreement with SEIU and prepare the implementing resolutions for the City Council's consideration. Council Member Murray stated that he removed this item from the Consent Calendar because he wanted the public to be aware of the important changes occurring within the organization. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, to conceptually approve the reorganization of the Building Division, specifically: (1) Increasing the Building Official's salary range to $3,807 to $6,007 per month; (2) Creating a new classification of Permit Center Supervisor at a salary range of$3,227-$5,426 per month; (3) Retitling the existing Senior Building Inspector classification to Building Inspection Supervisor; (4) Creating a new Senior Building Inspector Classification with a wage rate of$17.06-$21.32 per hour; and (5) Downgrading one vacant Plan Check Engineer position to a Plan Checker position. The Vote: Unanimous Ayes ESTABLISHING PROJECT CARE PROGRAM AND RECOMMENDATIONS PERTAINING TO RESIDENTIAL TIME-OF-USE AND ELECTRIC LIFELINE RATES (E-090-100) Council Member Murray stated that he had requested that the item regarding the establishment of the Project Care Program and recommendations pertaining to residential time-of-use and electric lifeline rates be removed from the agenda. In response to Council Member Murray, Mayor McGeorge related that if the item had been removed from the agenda as he requested, it would have required that it be brought back at the next meeting for consideration. He, therefore, believed it was more appropriate to leave the item on this evening's agenda for some type of action by the City Council. 08/20/96 217 Council Member Murray recommended that this matter be considered at the first meeting in October when electrical rates are considered. He stated that he is not comfortable with the staff report in its current form and would like an opportunity to talk with staff about the report prior to the City Council's consideration. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to table the item regarding the establishment of a Project CARE Program for the elderly and related recommendations pertaining to Residential Time-of-Use and Electric Lifeline Rates to the first meeting in October when electric utility rates are considered. The Vote: Unanimous Ayes Council Member Kehoe requested that staff research the possibility of obtaining the necessary funding ($45,000)for the Project CARE Program from the Community Development Block Grant Program. EASEMENT AGREEMENT FOR CONVENTION CENTER/TURTLE BAY EMERGENCY ACCESS (C-050-050) Community Services Director John Gorman's Report to City Council dated August 12, 1996, incorporated herein by reference, addressed the easement terms which are agreeable to the Redding Cemetery Manager for the development of an emergency access road from Turtle Bay to Eureka Way through the Redding Cemetery. The Report contained a complete cost breakdown for the project which totals $166,000. It was noted that the waterline portion of the project($102,000)would be funded by the Water Utility Fund. The $64,000 cost of the roadway improvements would have to come from some other source. Staff is recommending that the City Council approve a supplemental appropriation from the General Fund reserve, leaving an ending reserve of approximately $3.8 million or 11.1 percent. It is the recommendation of staff that the City Council direct staff to finalize the negotiations with Redding Cemetery, authorize the Mayor to execute an easement agreement, and adopt the necessary budget resolution which specifies the use of General Fund monies for the road improvements. Council Member Murray preferred that the final agreement be brought back for the City Council's consideration. He did not favor authorizing the execution of an agreement without reviewing it. Council Member Kehoe stressed that when citizens present ideas to the City Council, it is important that when the item is brought back for the City Council's consideration that it not be placed on the Consent Calendar. Mayor McGeorge commended staff for their excellent work on this project. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to direct staff to finalize negotiations with Redding Cemetery subject to the City Council's approval. The Vote: Unanimous Ayes CHURN CREEK ROAD EXTENSION#1 ASSESSMENT DISTRICT NO, 1989-5 CHURN CREEK ROAD EXTENSION#2 ASSESSMENT DISTRICT NO. 1990-5 (A-170-120-100 & A-170-120-101) City Treasurer Linville summarized the Reports to City Council dated August 12, 1996, incorporated herein by reference, concerning the advancement of debt service payments for Churn Creek Road Extension #1 Assessment District No. 1989-5 and Churn Creek Road Extension #2 Assessment District No. 1990-5. 111 Ms. Linville recalled that the Assessment District Policy adopted by the City Council in April 1996 states that when assessment districts do not have sufficient reserves and redemption funds to pay bondholders, the matter must be brought before the City Council for a determination as to whether to pay the debt service payment. She noted that both these assessments are limited obligation bonds, therefore, the City has no obligation to pay the bondholders. It is the recommendation of staff that the City Council advance the necessary funds from the General Fund for the September 2 debt service payment on both these assessments, thereby protecting the City's reputation and bond rating. 08/20/96 218 Council Member R. Anderson stated that Redwood Shasta Investors' name shows up quite often, he requested that the general partners' names be listed in future reports. City Attorney Wingate believed the general partner was a corporation. Council Member Kehoe concurred that he would also like to see specific names listed in future reports. Council Member Murray noted these are Enterprise Fund bonds and questioned why the entire payment was being taken out of the General Fund rather than the appropriate Enterprise Funds. Mr. Wingate noted that these particular funds were used for a variety of things, i.e., water, storm drain, etc., however, the greater portion was used for streets. He indicated that the cost could be broken out between the various funds if the City Council so desired. Council Member Murray inquired who tracked what is owed to the various funds when borrowing such as this is done. He stated he was interested in the Enterprise Funds contributing as much money as possible toward these debt service payments. City Manager Warren assured Council Member Murray that staff closely tracks any loans between funds. Council Member Kehoe questioned how often the City Council would be requested to make advances such as this. Ms. Linville stated that every time a deficit exists in a limited obligation bond assessment district, staff is required to bring the matter before the City Council for consideration. She explained that until the assessments are collected and the books closed at the end of June, it is not known how many of the assessment have been paid. She indicated that these two assessment districts may be back before the City Council in September 1997 if the matter has not been resolved. In response to Council Member R. Anderson, Mr. Wingate explained that the City is obligated to foreclose on behalf of the bondholders. Mr. Wingate explained that there are approximately 30 parcels in default in Shasta Hills. He stated that after the assessment district was created, the Boulder Creek Floodplain was revised and resulted in a substantial change to the units which were to be placed on two of these parcels and ultimately reduced the property value. He cautioned that there was a risk that the City would not recoup its costs on two of the parcels. He noted that approximately one-third of the $23,000 payment could be attributed to these two parcels. He indicated that he was still waiting for bond counsel's response as to whether any excess proceeds from the other lots could be applied to any deficit on these two particular lots. He related that the City Council needed to take action on this matter by August 27, 1996. Council Member Murray believed the City's credibility outweighed the issue of money. Council Member Kehoe recommended deferring action to allow staff time to gather additional information and call a special City Council meeting. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, to defer action regarding the advancements of funds for the debt service payments on Churn Creek Road Extension #1 Assessment District 1989-5 and Churn Creek Road Extension #2 Assessment District 1990-5 to an adjourned regular meeting at 5:00 p.m. on Monday, August 26, 1996, to allow the City Attorney time to gather additional information for the City Council's consideration. The Vote: Unanimous Ayes WESTSIDE ROAD SEWER ASSESSMENT DISTRICT 1986-6 (A-170-100-907) City Treasurer Linville highlighted the Report to City Council dated August 12, 1996, incorporated herein by reference, regarding the advancement of monies to pay the debt service payment associated with the Westside Road Sewer Assessment District No. 1986-6. 08/20/96 219 Ms. Linville explained that the bonds were issued prior to September 17, 1986, therefore, the City is ultimately responsible for making all payments to the bondholders whenever there are insufficient funds in the bond redemption fund to make principal and interest payments as they mature. It is the recommendation of staff that the City Council elect to fund the advance in the amount of $6,667 from the Wastewater Fund until the delinquent taxes are paid or foreclosure proceedings are completed and the property is sold. In response to Council Member Kehoe, Ms. Linville stated that she would list the names of those property owners in default in future reports. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to direct staff to advance funds in the amount of$6,667 for the debt service payment for Westside Road Sewer Assessment District No. 1986-6 from the Wastewater Fund. The Vote: Unanimous Ayes FIREFIGHTER COMBAT CHALLENGE (A-050-140) Fire Chief Wagner recalled that the City Council requested a status report on the Fire Department's Centennial Celebration and the Firefighters Combat Challenge sometime in August. He stated that the firefighters did an excellent job raising revenue for both of these events. He indicated that after expenses, a balance of$6,439.60 was deposited into the Redding Firefighters Community Emergency Fund. He explained that this fund provides financial assistance to citizens who have suffered a loss as a result of a fire or some other catastrophic event. He noted that from the onset, any excess monies had been designated to go to this fund. Chief Wagner related that the Redding Fire Department's Combat Challenge Team One achieved a time at the Redding event which qualifies them to participate in the National Finals to be held in Las Vegas on December 11-14, 1996. He indicated that the team is now working to raise revenue ($3,200)to fund their participation in this event. Chief Wagner asked that the City Council accept the report regarding the status of the Centennial Celebration and inquired whether the City would be interested in participating in funding the team's competition in Las Vegas. Council Member Kehoe thanked Chief Wagner for the status report. He stated that he would be interested in supporting the team's competition in Las Vegas on a personal level. Council Members P. Anderson and R. Anderson also committed to supporting the team financially on a personal level. Mayor McGeorge believed the business community would be willing to provide the necessary support to send the team to Las Vegas. Council Member Murray supported the City providing the team with the necessary financial support. He did not view this situation any different from sending someone from the Planning Department or Public Works Department to receive awards. At a minimum, he believed the City should examine its overall policy regarding this matter. Mayor McGeorge concurred with addressing the philosophy at some point in the future, however, he believed the necessary funding could be raised within the community. MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to accept the status report regarding the Fire Department's Centennial Celebration and the Firefighters Combat Challenge, but decline to provide City funding to send the team to Las Vegas in December 1996. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, Kehoe and McGeorge Noes: Council Members - Murray Absent: Council Members -None 08/20/96 220 In response to Council Member Kehoe, Chief Wagner stated that those individuals who wish to make a donation toward sending the team to Las Vegas can contact the City's Fire Administration Department. He indicated that checks could be made payable to the Redding Firefighters Association with some notation that it was for the national combat challenge. LETTER OF APPRECIATION-From Don Fleming re Housing Division and Housing Rehabilitation Loan Program (A-050-250-070) City Clerk Strohmayer read Don Fleming's letter dated August 7, 1996, incorporated herein by reference, into the record. Mr. Fleming's letter expressed appreciation to the Housing Division's staff and the City's Housing Rehabilitation Loan Program. This was an informational item only. ADJOURNMENT There being no further business, at the hour of 9:36 p.m., Mayor McGeorge adjourned the meeting to 5:00 p.m., Monday, August 26, 1996, in City Hall Conference Room A, 760 Parkview Avenue, Redding, California. APPROVED: • Mayor ATTEST: 111 City Clerk 08/20/96