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HomeMy WebLinkAboutMinutes - City Council - 1997-10-07 220 Redding City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California October 7, 1997 7:00 p.m. The Pledge of Allegiance was led by Archer Pugh. The Invocation was offered by Pastor Dan Farley, Bethel Church. The meeting was called to order by Vice Mayor Murray with the following City Council Members present: R. Anderson,Kehoe, McGeorge, and Murray. Mayor P. Anderson's absence was excused. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Public Works Director Russell, Electric Utility Director Feider, Fire Chief Wagner, Police Captain Byard, Development Services Director Swanson, Community Services Director Gorman, Deputy City Manager Starman, Administrative Services Director Kersten, Planning Manager Keaney, Economic Development Manager Hiller, Finance Officer Strong, Human Resources Manager Bachman, Senior Planner Morgon, Senior Planner DeMallie, City Clerk Strohmayer, and Secretary Rudolph. RESOLUTION - Proclaiming October 23-31, 1997, as "Red Ribbon Week" (A-050-060-600) MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 97-168 be adopted, a resolution of the City Council of the City of Redding proclaiming October 23 through 31, 1997, as "Red Ribbon Week." Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray Noes: Council Members - None Absent: Council Members - P. Anderson Resolution No. 97-168 is on file in the office of the City Clerk. PRESENTATION FROM AREA HIGH SCHOOL STUDENTS REGARDING "RED RIBBON WEEK" (A-050-060 & P-150-150) Chad Cutters and Brett Price, students of Foothill High School,related that there would be a family rally held at the Paul Bunyan Forest Camp on October 25, 1997. In addition, everyone was invited to attend a youth-to-youth conference to be held at the Redding Convention Center to discuss alcohol, drugs, and gang violence. Red ribbons were distributed to the City Council and staff to wear in support of Red Ribbon Week. No action was required. PRESENTATION OF PUBLIC POWER WEEK ESSAY AWARDS (E-090) Electric Utility Director Feider related that each year, as part of National Public Power Week, the City of Redding Electric Department sponsors a scholarship contest for local high school students. He stated that this year students were asked to write a radio advertisement on either energy efficiency or energy deregulation. Vice Mayor Murray and Council Member R. Anderson presented plaques to the following essay winners: Foothill High School: First Place - Holly Karch Second Place - Cody Jones Enterprise High School: First Place - Oriana Garcia Second Place - Meghan Pecaut Liberty Christian: First Place - Leann Roberts Second Place - Angela Brownlee Pioneer High School: First Place - Michelle Wright Second Place - Kori Teague 10/07/97 • 221 Shasta High School: First Place - Danika Swanson Second Place - Leah Thompson Overall Winner: Sarah Lehti of Foothill High School RESOLUTION - Declaring October 10, 1997, as "Women's Refuge Day" in the City of Redding (A-050-060-600) MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 97-169 be adopted, a resolution of the City Council of the City of Redding declaring October 10, 1997, as "Women's Refuge Day." Resolution No. 97-169 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of August 19, 1997 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 6, check numbers 251745 through 252268 inclusive, in the amount of$4,766,358.70 be approved and paid, and Payroll Register No. 6, check numbers 441485 through 442016 and electronic transfer numbers 41848 through 42263 inclusive, in the amount of$1,337,829.92, for the period September 7, 1997, through September 20, 1997, be approved. Total: $6,104,188.62 Treasurer's Report - August 1997 (A-050-100-600) Total Treasurer's Accountability - $ 91,426,370.55 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $190,050,140.36 ACR133 Report and Cash Reconciliation (F-205-095-650) It is recommended that the ACR133 Report and Cash Reconciliation as of August 31, 1997, be accepted as presented. Resolution - Ratifying Amendment to Economic Development Corporation Bylaws (B-080-150) It is the recommendation of the City Manager's Office that Resolution No. 97-170 be adopted, a resolution of the City Council of the City of Redding in support of ratification of an amendment of the Bylaws of the Economic Development Corporation of Shasta County, thereby changing the titles of three of the officers of the organization. Property Status Report - September 1997 (C-070) It is the recommendation of the Assistant City Manager that the Property Status Report as of September 1997 covering the following areas be accepted as presented: (1) Surplus City Property; (2)Leases of City Land; (3) Offers to Sell Land to the City; and (4) City-Initiated Purchases of Land. Sale of Surplus Property - 5445 Eastside Road to Eric Thompson (C-070-200) It is the recommendation of the Assistant City Manager that the City Council accept Eric Thompson's offer to purchase City-owned property at 5445 Eastside Road at its appraised value of$4,800 with the following provisions: the City would decline to provide an environmental assessment, and the sale of the property would be subject to the merger of the property with the adjoining parcel. 10/07/97 222 Resolution- Submittal of Matching Grant Application to State Division of Aeronautics for Taxiway and Apron Improvements at Benton Airpark (G-100-170-200 & A-090-020) It is the recommendation of the Development Services Director that Resolution No. 97-171 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a State of California, Division of Aeronautics, Application for Grant Monies in the amount of$23,540, to match an existing Federal Aviation Administration Airport Improvement Program (ATP) Grant for capital projects at Benton Airpark and authorizing the City Manager to execute the application and all subsequent documentation to obtain State of California Grant monies. Resolution-Intention to Begin Abatement Proceedings at 4082 Fig Tree Lane, owned by Rose Lee Sumner (A-030-070) It is the recommendation of the Development Services Director that Resolution No. 97-172 be adopted, a resolution of the City Council of the City of Redding to begin abatement proceedings on the real property located at 4082 Fig Tree Lane, currently owned by Rose Lee Sumner. Resolution-Intention to Begin Abatement Proceedings at 1029 View Avenue, owned by Emily and Brian Brady (A-030-070) It Is the recommendation of the Development Services Director that Resolution No. 97-173 be adopted a resolution of the City Council of the City of Redding to begin abatement proceedings on the real property located at 1029 View Avenue, currently owned by Emily and Brian Brady. Resolution-Approving CDBG Funding Agreement with the Retired and Senior Volunteer Program (G-100-030-042) It is the recommendation of the Development Services Director that Resolution No. 97-174 be adopted, a resolution of the City Council of the City of Redding approving the agreement, for the period November 1, 1997, through October 31, 1998, in an amount not to exceed $12,590, between the City of Redding and the Retired Senior Volunteer Program, and authorizing the City Manager to sign same. Resolution-Authorizing Submittal of Grant Application with the State Department of Housing and Community Development for 1997 HOME Investment Partnerships Program (G-100-075-203) It is the recommendation of the Development Services Director that Resolution No. 97-175 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file an application for Federal Fiscal Year 1997 funding under the HOME Investment Partnerships Program in the amount of $1,000,000 with the California State Department of Housing and Community Development. Indemnification Agreement - Village Builders, L.P. re Use Permit UP-5-97, Walgrens Cypress Avenue and Churn Creek Road NW Corner (L-010-390) It is the recommendation of the Development Services Director that the Indemnification Agreement with Village Builders 96, L.P. be approved relative to Condition 12 of Use Permit UP-5-97, Walgrens. Resolution-Rescinding Resolution No. 97-142 re Agreement with Martin Luther King, Jr. Memorial Center for Purchase and Installation of Computer Equipment (G-100-030-42) It is the recommendation of the Development Services Director that Resolution No. 97-176 be adopted, a resolution of the City Council of the City of Redding approving action to rescind Resolution No. 97-142 which authorized execution of an agreement between the City of Redding and the Martin Luther King, Jr. Memorial Center for the purchase of computers, printer, and related software, and directing that these items be purchased directly through the City's purchase order process. 10/07/97 223 Resolution- Authorizing 1915 Bond Act Foreclosures for Delinquent Bond Assessments and Reassessments (A-170) It is the recommendation of the City Treasurer that Resolution No. 97-177 be adopted, a resolution of the City Council of the City of Redding ordering the judicial foreclosure of delinquent bond assessments pursuant to the Improvement Bond Act of 1915 and ordering that the Tax Collector be credited with those assessments. Trade of Equipment (B-050-100 & S-020-550) It is the recommendation of the General Services Director that the City Council approve trading in a used tub grinder to decrease the purchase price when requesting bids for a new tub grinder in fiscal year 1997-98. Funds for this purchase are available in the 1997-98 Resource Recovery Division's budget in the amount of$280,000. Amendment to Grant Agreement - Department of Conservation for the Glass Beneficiating Plant Project (G-100-170 & S-020-550) It is the recommendation of the General Services Director that the City Council authorize the City Manager to execute the Amended Grant Agreement with the Department of Conservation for the Glass Beneficiating Plant Project which: (1) extends the grant deadline by six months to June 30, 1999; (2) revises the implementation schedule to correspond with the extended deadline; and (3) delays purchasing equipment with grant funds until the beneficiating plant environmental and regulatory requirements are met. Award of Bid - Bid Schedule No. 3133, Purchase of Wood Chips (B-050-100 & S-020-550) It is the recommendation of the General Services Director that Bid Schedule No. 3133, purchase of wood chips from the City of Redding, be awarded to Wheelabrator for $9 per bone-dry ton for one year. Public Works Department Planning Report - Fourth Quarter 1997 (A-050-300) It is the recommendation of the Public Works Director that the Public Works Department's Planning Report for Fourth Quarter 1997 be accepted as presented. Notice of Completion - Bid Schedule No. 3100, 1996-97 Asphalt Overlay Program (B-050-020 & S-070-200) It is the recommendation of the Public Works Director that Bid Schedule No. 3100 (Job. No. 9914), 1996-97 Asphalt Overlay Program, awarded to Tullis, Inc., be accepted as satisfactorily completed, and that the City Clerk be authorized to file a Notice of Completion. The final contract price was $788,703.45. Acceptance of Final Map and Improvements and Resolution Accepting Streets - Eastbrook Park Subdivision (S-7-97) (Billings Drive, east of Shasta View Drive) * (S-070-230 & S-101-020) It is the recommendation of the Public Works Director that the improvements in Eastbrook Park Subdivision, developed by Mark Lascalles,be accepted as satisfactorily completed and•the City Clerk instructed to file the map with the Shasta County Recorder. It is further recommended that Resolution No. 97-178 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Billings Drive in Eastbrook Park Subdivision. 10/07/97 224 Acceptance of Final Map and Approve Subdivision Agreement - Stillwater Heights Subdivision, Unit 3 (S-11-91) Developed by Ron Mygrant (S-100-706-300) It is the recommendation of the Public Works Director that the City Council approve the Final Map for Stillwater Heights Subdivision, Unit 3, authorize the Mayor to sign the subdivision agreement, and instruct the City Clerk to file the map with the Shasta County Recorder. Increase Contingency Fund - Bid Schedule No. 2893, Lake Redding Bridge Project (B-050-020 & S-070-050-100) It is the recommendation of the Public Works Director that the contingency fund for Bid Schedule No. 2893, Lake Redding Bridge Project, be increased by $397,000 for the funds received for the construction of the south approach roadway, bringing the total MCM Construction contract budget to $7,447,172. It is further recommended that FMCH's Engineering Consultant's contract for project management be increased by $30,000, bringing the total contract budget to $514,000. Award of Bid-Bid Schedule No. 3129, one 33,000 lb. GVW Truck Cab and Chassis with 5-6 Yard Dump Body (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 3129, one 33,000 lb. BVW truck cab and chassis with 5-6 yard dump body, be awarded to the sole bidder, Riverview International, in the amount of$61,103.54 including sales tax. Resolution - Objecting to Inclusion of Assessor's Parcel No. 104-010-21 in Delinquent Tax Sale Scheduled for October 10, 1997 (A-170) It is the recommendation of the City Attorney that Resolution No. 97-179 be adopted, a resolution of the City Council of the City of Redding objecting to the inclusion of Assessor's Parcel Number 104-010-21 in the Shasta County Tax Collector's Delinquent Tax Sale Scheduled for October 10, 1997. MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray Noes: Council Members - None Absent: Council Members - P. Anderson Resolution Nos. 97-170, 97-171, 97-172, 97-173, 97-174, 97-175, 97-176, 97-177, 97-178, and 97- 179 are on file in the office of the City Clerk. DOWNTOWN BANNER DESIGN CONTEST (R-030-145-350) Senior Planner Morgon stated that a letter was received from Renaissance Redding requesting permission to present the winning entry from its recent downtown banner design contest to the City Council for acceptance. This action would allow Renaissance Redding to pursue production of the banners for placement on the new street lights to be installed in the Market Street demonstration project and Library Park. Mr. Morgon related that in the two years he has been involved with activities within the downtown area, he has been impressed with Renaissance Redding's commitment to this project. He noted that in addition to raising funds through the sale of bricks for Library Park, Renaissance Redding also has a committee reviewing the possibility of raising funds for Christmas lights for the downtown area. To date, he stated that this group alone raised approximately $50,000 to be used toward downtown improvements. He introduced Morgan Pritchard representing Renaissance Redding. Following Ms. Pritchard's comments, he recommended that the City Council accept the banner design as presented, thereby allowing production to proceed. Morgan Pritchard stated that Renaissance Redding received 16 entries in response to its banner design contest. She indicated that on September 8, 1997, a committee comprised of representatives 10/07/97 225 from Renaissance Redding,the City of Redding,Viva Downtown,the Shasta County Arts Council, and the Downtown Redding Business Association selected the banner design. She urged the City Council to accept the design as presented. MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, to accept the banner design as presented. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Rezoning Application RZ-10-97, by KMHK Investments and the City of Redding (Between Sacramento Drive and Creekside Street) (L-010-230) The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the continued public hearing regarding Rezoning Application RZ-10-97. The following documents are on file in the office of the City Clerk: Affidavit of Posting -Notice of Continued Public Hearing Staff recommendation dated September 15, 1997 City Clerk Strohmayer noted that letters of concern or opposition from Jeff Arquiette, James Thomas, Jack Connelley, Victor and Carrie Valdes, Bente Galle, and Leland McLemore were included in the Report to City Council dated September 15, 1997. Senior Planner Thesken provided an overview of the Report to City Council dated September 15, 1997, incorporated herein by reference, regarding Rezoning Application RZ-10-97, by KMHK Investments and the City of Redding. The proposed rezoning would rezone properties in the area of the Summerfield Meadows Subdivision from "U" Unclassified District to "R-1-BFM" Single- Family Residential District. She noted that public comments concerning this application dealt primarily with the proposed lot sizes, traffic circulation problems in the neighborhood, the need to extend Creekside Drive north to South Bonnyview Road, and tree preservation. It was noted that the lot-size question should be answered with the City Council's decision on the rezoning and the issues of traffic circulation and tree preservation would be addressed with the processing of the subdivision. Ms. Thesken recalled that at the September 2, 1997, City Council meeting an inquiry was made as • to the status of the unimproved park site in the southern portion of the rezone area at the corner of Sacramento and Corto Streets. She related that staff has met with the applicant for the proposed subdivision of Summerfield Meadows Subdivision, Units 2 and 3, and discussed revisions to the tentative map to place lots in the park area in exchange for improvements to the existing, partially improved Cascade Park. She explained that the park issue would be addressed when the subdivision was processed and the applicant could be permitted to either provide improvements to the existing Cascade Park or pay in-lieu park fees and park development fees. It is the recommendation of staff that the rezoning be approved as recommended, the Negative Declaration approved, the necessary ordinance offered for first reading, and the full reading of said ordinance waived. Vice Mayor Murray questioned whether the applicant has the option to either pay the park in lieu fees or provide park improvements. Development Services Director Swanson replied that it was the City's choice as to what the applicant would be required to do relative to the park and park in-lieu fees. He further stated that this matter would be presented to the recently-formed Community Services Advisory Commission for further consideration. Paul Jones, of Pace Engineering, related that he was representing the applicant who was in agreement with staff's recommendation. He thanked staff for their work in developing a solution which was workable and in the best interest of the community and the developer. He explained that the applicant was the widow of one of the original developers of Summerfield Meadows Subdivision, and it has not yet been decided whether residences would be constructed or whether the tentative map would be sold. 10/07/97 226 Lori O'Connell, a resident of Star Drive, explained that approximately 3,000 vehicles speed past her home on a daily basis. She related that due to the speed and volume of traffic in this area, it was impossible to exit driveways. She implored the City Council to require the construction of an access road to Bonnyview Drive before any new developments were allowed to proceed. She urged the City Council to be conscientious of traffic safety. Ed Dabrowski reiterated the dangers posed due to the traffic in the area of Sacramento Drive. He opined that making Creekside Drive a through street would assist in solving this problem. He stated that he delivered 75 petitions to residences from Eastside Road to Riverside Drive. He urged the City Council to consider alternatives to alleviate the current traffic problem being experienced in this area. He also stressed the need to place a moratorium on development in the area until a solution has been reached as to the area's ingress and egress. Vice Mayor Murray determined that there was no one else present wishing to speak on the matter and closed the public hearing. In response to Vice Mayor Murray, Mr. Swanson related that conditions would be placed on the tentative map by the Planning Commission following a public hearing, and the points raised this evening regarding traffic would be addressed at that time. He assured the City Council that the interested parties present this evening would be notified as to the time and date of the Planning Commission's public hearing. Mr. Dabrowski urged the City to notify all residents in the area of Sacramento, Star, and Creekside Drive of the public hearing and not just those property owners within 300 feet of the development. Ms. Thesken related that the mailing list had been expanded to include property owners from Star Drive to Eastside Road. In response to Council Member R. Anderson,Assistant City Manager Perry stated that this area was part of the Cascade Annexation and subdivided with the development of Summerfield Meadows. He explained that the traffic issues in this area were debated at length during the development of the Cascade Area Plan. He related that extending Sacramento Drive to South Bonnyview required going through the Michiel's property,which could not occur until the area was subdivided. He viewed the long-term solution to this problem as being the extension of Creekside and Hemlock. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Rezoning Application RZ-10-97 be approved as presented and to make the following findings: 1. The project is compatible with the Redding General Plan; 2. The project will not significantly alter existing land form; 3. The project is compatible with surrounding land use; 4. The project is compatible with the code of the City of Redding, California, and approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2191 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 "R-1-BFM" Single-Family Residential District (RZ-10-97). MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2191 be waived and the City Attorney instructed to read the ordinance by title only. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-5-97, by Peter Grandaw (4303 Mountain Glen Court) (A-010-040) The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the public hearing regarding Abandonment Application A-5-97, by Peter Grandaw. • 10/07/97 • 227 The following documents are on file in the office of the City Clerk: Affidavit of Publication -Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated September 24, 1997 City Clerk Strohmayer advised that no protests were received. Development Services Director Swanson highlighted the Report to City Council dated September 24, 1997, incorporated herein by reference, regarding the request to abandon a portion of the open- space easement at 4303 Mountain Glen Court. Mr. Swanson explained that the State of California Government Code requires that the following findings be made for the approval of the abandonment of an open-space easement: (1) That no public purpose will be served by keeping the land as open space; (2) That the abandonment is not inconsistent with State laws regulating open-space easements; (3) That the abandonment is consistent with the General Plan; and (4) That the abandonment is necessary to avoid a substantial financial hardship to the landowners due to involuntary factors unique to them. It is the opinion of the both the Planning Commission and staff that the necessary findings are in evidence. It is, therefore, recommended that the City Council approve the Negative Declaration, adopt the necessary resolution approving the abandonment of the open-space easement with the condition that the applicant submit a revegetation plan to be approved by the Development Services Department, and direct staff to record the resolution after installation of the revegetation plan. Vice Mayor Murray determined that there was no one present wishing to speak on this matter and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to make the following findings regarding Abandonment Application A-5-97: 1. The project is compatible with the Redding General Plan; 2. The project will not significantly alter existing land form; 3. The project is compatible with surrounding land use; 4. The project is compatible with the code of the City of Redding, California, and approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that Resolution No. 97-180 be adopted, a resolution of the City Council of the City of Redding ordering the abandonment of the open space easement and non-disturbance area at 4304 Mountain Glen Court (A-5-97). Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray Noes: Council Members - None Absent: Council Members - P. Anderson Resolution No. 97-180 is on file in the office of the City Clerk. PUBLIC HEARING-Proposed Spending Plan for State Funds re Citizen's Option for Public Safety (COPS) Program (G-100-170 & P-150-150) The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the public hearing regarding the proposed spending plan for State funds regarding the Citizen's Option for Public Safety (COPS) Program. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Staff recommendation dated September 8, 1997 City Clerk Strohmayer advised that no protests were received. 10/07/97 r 228 Police Captain Byard provided an overview of the Report to City Council dated September 8, 1997, incorporated herein by reference, regarding the proposed spending plan for State funds regarding • the Citizen's Option for Public Safety (COPS) Program: Code Enforcement Legal Services - $25,000; Mobile Command Post - $60,000; Mobile Data Contingency Funds - $30,000; Digital Recorder - $21,000; Type II Radio Upgrades - $34,000; and Geographical Information System Server- $8,000, for a total of$178,000. Following the conclusion of the public hearing, it is the recommendation of staff that the City Council approve the proposal for utilizing the COPS funding as presented. In response to Council Member Kehoe, Captain Byard explained that due to the uncertainty surrounding year-to-year funding, the funds authorized under SB 11 would not be used for personnel related expenditures. Council Member Kehoe questioned whether Shasta County had a mobile command post and, if so, could the City utilize this facility. Captain Byard responded that the County did, in fact, have a mobile commend post, however, the radio frequencies were different from those used by the City and was not always available when needed. Vice Mayor Murray questioned whether the$60,000 would provide a fully equipped command post. Captain Byard stated that he could not address that question at this point, but the funding would start the process. He noted that if the funding were not used for a command post, staff would have to review next year's budget and look for another need that could not be funded by the General Fund. Vice Mayor Murray determined that there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge,to approve the following proposed spending plan for funds received from the Citizen's Option for Public Safety (COPS) Program: Code Enforcement Legal Services - $25,000; Mobile Command Post - $60,000; Mobile Data Contingency Funds - $30,000; Digital Recorder - $21,000; Type II Radio Upgrades- $34,000; and Geographical Information System Server- $8,000, for a total of$178,000. The Vote: Unanimous Ayes PUBLIC HEARING-re Amendment of Conditions of Approval for Planned Development PD-1-89, The Vineyard, by Frank Nichols and the Scottsdale Company, Inc. (L-010-210-785) The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the public hearing regarding the amendment of conditions of approval for Planned Development PD-1-89. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated September 23, 1997 City Clerk Strohmayer advised that no protests were received. Senior Planner DeMallie highlighted the Report to City Council dated September 23, 1997, incorporated herein by reference, regarding the request by Frank Nichols to amend the development conditions for The Vineyard Planned Development,thereby deferring construction of Palacio Drive adjacent to The Vineyard Planned Development in favor of construction of a portion of Shasta View Drive that lies within the Hacienda Heights Subdivision. Mr. DeMallie summarized that in view of the pending construction of a portion of Shasta View Drive by Simpson College and the lack of development plans for the remainder of the Hacienda Heights Subdivision by MHD Associates, the proposal, as presented, provides a timely trade of street requirements which benefit both developments,as well as the overall public street-circulation network. 10/07/97 229 It is the recommendation of both the Planning Commission and staff that the City Council approve the amendment request to allow the trade in street-improvement obligations with Hacienda Heights Subdivision, thereby facilitating the earlier completion of Shasta View Drive between Hacienda Heights Subdivision and Simpson College and delay improvements to Palacio Drive adjacent to The Vineyard Planned Development, authorize the Mayor to sign the development agreement, approve the Negative Declaration, offer the necessary ordinance for first reading, and waive the full reading of said ordinance. In response to Council Member R. Anderson, Mr. DeMallie confirmed that the agreement would be recorded. Frank Nichols, the developer of the Vineyards, stated that he has worked closely the past eight months with staff and the adjoining developers on a plan which would allow the construction of Shasta View Drive. While this proposal would cost him additional money, he favored the exchange in conditions and urged the City Council to support the recommendation. Vice Mayor Murray determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. City Manager Warren complimented staff on their work the past year with Mr. Nichols and Simpson College in reaching an agreement which was beneficial to the community. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to approve the amendment request to allow the trade in street-improvement obligations with Hacienda Heights Subdivision, thereby facilitating the earlier completion of Shasta View Drive between Hacienda Heights Subdivision and Simpson College and delay improvements to Palacio Drive adjacent to The Vineyard Planned Development and authorizing the Mayor to sign the development agreement. The Vote: Unanimous Ayes MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to make the following findings regarding the amendment of conditions of approval for Planned Development PD- 1-89, The Vineyard: 1. The project is compatible with the Redding General Plan; 2. The project will not significantly alter existing land form; 3. The project is compatible with surrounding land use; 4. The project is compatible with the code of the City of Redding, California, and approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2192 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, specifically the amendment of Condition 14 of the Conditions of Approval for The Vineyard Planned Development PD-1-89. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2192 be waived and the City Attorney instructed to read the ordinance by title only. The Vote: Unanimous Ayes ECONOMIC DEVELOPMENT ADMINISTRATION GRANT - re Surplus City Property at the Clear Creek Wastewater Treatment Plant (E-050 & G-100 & W-010-450 & B-130-070) Economic Development Manager Hiller provided an overview of the Report to City Council dated September 26, 1997, incorporated herein by reference, regarding improvements to surplus property at the Clear Creek Wastewater Treatment Plant. He related that the City has received several inquiries regarding the use of the land along Eastside Road for industrial development. He noted that the property was unique in that it allowed industry to have a spur track. He explained that two of the prime reasons that the proposals have not gone forward were that the land was not ready for sale and there was a cost to extend utilities and to do road work to allow more intense utilization of the land. 10/07/97 230 Mr. Hiller related that the property has already been declared surplus, but to do any sales or leases, the following needed to be done in order: a road layout plan; plans to extend water and sewer lines; boundary description prepared; approval of a tentative map to create parcels of 5 to 10 acres; plans and approvals for a spur track; cost estimates for the aforementioned; a funding plan to install the improvements; decisions on the sizing of sewer and water lines for further extension to the south; and a wetlands mitigation plan. He indicated that staff contacted the Economic Development Administration(EDA)to determine if funding would be available. The preliminary response was that the EDA would accept an application for 60 percent funding of the improvements. Mr. Hiller related that the nature of the work could be divided into three phases: pre-design planning; design; and construction. He explained that the pre-design phase would require the City to fund a cost of approximately$30,000. He stated that the latter two phases would be charged to any grants or the City could possibly use an in-kind match. He stressed that an actual investment in the second two phases would not occur until a sale was possible that covered the City's cost and jobs were created and a grant was received to cover the majority of the construction cost. Mr. Hiller conveyed that the main issue was the advanced work necessary to cost out what amount of improvements would be required to create six to seven parcels, to extend water and sewer, and to develop stacking room between Eastside Road and the highway and possibly lengthen the left-turn lane on Highway 273 in order to get to the state where the properties could be marketed. It is the recommendation of staff that the City Council approve the resolution appropriating $30,000 from the Wastewater Capital Improvement Fund to cost out the project and direct staff to report back with a financing plan to create the parcels and to reduce the time needed from receiving an inquiry on purchasing the property to actually being able to sell the parcel. Assistant City Manager Perry stated that staff was not prepared this evening to address Vice Mayor Murray's question as to whether the movement of trains could be switched. He indicated that staff was bringing the matter before the City Council in an effort to move the sale of this property forward. He explained that the grant would allow the City to meet development requirements without having to pass the costs onto the buyer. It would also permit sewer and water to be extended as far as the Haven Humane facility. He noted that there was an additional 90 acres of City-owned property which had not been declared surplus, but would only be one parcel away from sewer and water service. Vice Mayor Murray suggested that the City approach the railroad about moving the switching yard from the downtown area to alleviate some of the traffic problems. He further recommended that the entire City-owned acreage in this area be included in the preliminary design process, not just the 30 acres currently identified as surplus. He stated that he was originally concerned that this action would predispose the City Council to be in the development business; however, he was assured that the improvements only make it more marketable to a private developer or allow the City to develop it itself. MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to adopt Resolution No. 97-181, a resolution of the City Council approving and adopting the 6th amendment to City Budget Resolution No. 97-111 appropriating $30,000 for improvement of surplus property at the Clear Creek Wastewater Treatment Plant and to direct staff to report back with a financing plan to create the parcels and reduce the time needed from receiving an inquiry on purchasing the property to actually being able to sell the parcel. Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray Noes: Council Members -None Absent: Council Members - P. Anderson Resolution No. 97-181 is on file in the office of the City Clerk. 10/07/97 231 ORDINANCE NO. 2190 - Creation of Community Services Advisory Commission (B-080-128) City Manager Warren recalled that the City Council approved the Mayor's appointments to the Community Services Advisory Commission at the last City Council meeting and considered the ordinance at that time. The City Attorney, however, felt that substantive changes were made to the ordinance to warrant another first reading at this evening's meeting. Mr. Warren stated that there was also discussion at the last meeting regarding the new commission's responsibilities. Rather than listing these responsibilities in the ordinance, Mr. Warren related that he would direct the department director to work with the commission on establishing the following points as the commission's responsibilities: (1) complete a utilization assessment/forecast for park and recreation facilities, which includes a review of current facility utilization and a ten-year forecast of community needs; (2) the commission would advise staff and the City Council on the development of a capital improvement plan based on the needs as they are established and cashflow; and (3) the commission would review with the department director the balance of resources allocated to park maintenance and recreation programming. He further indicated that he would instruct the department director to review the possibility of using the downstairs area of the Convention Center for teen dances and activities when the facility was not otherwise in use. Mr. Warren explained that at the final combined meeting of the two previous commissions, the appointment process to the new commission was discussed. It was noted that with a seven-member commission, one of the commissioners currently serving who had applied for the new commission, Leo Graham, could not be accommodated. It was further noted that this circumstance carried the unintended effect of calling into question his status on the Community Development Block Grant Committee, on which he represented the former Recreation and Parks Commission. He stated that there was a strong consensus among the newly appointed members that a way be found to continue Mr. Graham's service on both commissions. Accordingly, an ordinance has been prepared for the City Council's consideration which creates an eight-member commission, which would eventually settle to seven members at the first loss of a commissioner either through attrition or term expiration. If the City Council concurs, Mr. Graham would be appointed to the eighth position for a four-year term. Council Member R. Anderson offered Ordinance No. 2190 for first reading,an ordinance of the City Council of the City of Redding amending Redding Municipal Code Title 2, Administration and Personnel, and various other sections, as follows: (1) Add Chapter 2.55, Community Services Advisory Commission, providing for an eight-member commission; (2) Repeal Chapter 2.50, Tourism and Convention Commission; (3) Repeal Chapter 2.56,Recreation and Parks Commission- Operations; (4) Amend all references to the Tourism and Convention Commission and the Recreation and Parks Commission in various sections to read the Community Services Advisory Commission; (5) Amend all references to the Director of Recreation and Parks and the Parks Director to read the Director of Community Services; (6) Add Section 2.04.270, Acceptance of Use of Gifts, to Chapter 2.04 (City Council); and (7) Repeal Section 2.42.010, Terms of Boards and Commissions. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to waive the full reading of Ordinance No. 2190 and instruct the City Attorney to read it by title only. The Vote: Unanimous Ayes MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to appoint Leo Graham to the Community Services Advisory Commission to serve a four-year term. The Vote: Unanimous Ayes It was the consensus of the City Council that the City Manager instruct the department director to work with the commission on establishing its responsibilities as outlined in the Report to City Council. 10/07/97 232 BENTON LANDFILL USES (C-070-010-075) Assistant City Manager Perry highlighted the Report to City Council dated September 22, 1997, incorporated herein by reference, regarding possible uses of the Benton Landfill. He related that from staff's perspective, the available land in the community means that there are other locations where retail, office, or storage uses could occur. At some future date, however, the City may want to reconsider the question. The property provides a good buffer for Benton Airpark. In the interim, open space, sports fields, an amphitheater, driving ranges, or even a golf course development could occur with nominal improvement costs for a property that has an excellent view. The latter two uses represent potential competition with the private sector, but in either case the City need not be the operator. Mr. Perry explained that if the City Council was interested in a more intensive use of the landfill, the question should be referred to the General Plan Task Force; although holding the property off the market for 10 or 20 years could result in higher land values and less uncertainty about landfill development. He indicated that if the City Council was interested in exploring use of the property for long-term public use for open space, parks, or related activities, then the present classification would suffice. With respect to use of the property for lease purposes for a driving range or a small golf course, staff could be directed to prepare a Request for Proposals to determine if there would be revenue created in the form of rent or be directed to develop a master plan for the property. It is the recommendation of staff that the City Council restrict the property to open space and recreational uses for the next 20 years. To that end, staff should be directed to develop a use plan for the property and to issue Requests for Proposals (RFP) to determine the potential for a driving range or a golf course. As part of the preparation of the RFP, staff could retain a landfill consultant to establish design guidelines and performance criteria. For more intensive uses, a separate evaluation of each proposal would be necessary to understand both the risk involved and the level of permitting required. Vice Mayor Murray preferred issuing a separate RFP for the development of a use plan. He did not want the property's development driven by parties interested in using it. Upon receipt of the use plan, the City Council could then decide how to proceed. Council Member Kehoe was interested in determining the highest and best use of the property. He noted that it may be beneficial for Lawrence and Associate to share information with the newly formed Community Services Advisory Commission on a pro bona basis. He concurred with the need to first determine the best use of the property before taking further action. Council Member R. Anderson was not certain whether it would be possible to determine the property's best use. He noted that a driving range, if structured properly, would permit the property to be in a holding pattern for 10 to 20 years. He believed it was important to remain flexible as to the use of this property until additional information was known relative to the imposition of landfill regulations. Mr. Perry stated that it was staff's intent to have the Community Services Advisory Commission develop a use plan for the property. He related that a driving range could be considered a short-term use and would only require a nominal investment. Vice Mayor Murray related that he was prepared to allow the Commission to undertake the analysis as to the property's best use and then determine what further action was necessary. Mr. Perry also suggested including the Planning Commission in the process. It was the consensus of the City Council to direct staff to: (1) prepare a use plan for the property to determine its best use; (2) involve the Community Services Advisory Commission in this process; (3) contact Lawrence & Associates to determine whether they would address the Commission on a pro bona basis to discuss the landfill and its closure; and (4) report back to the City Council with the findings to determine whether a request for proposals should be issued. 10/07/97 233 GENERAL FUND MONTHLY FINANCIAL REPORT - August 1997 (B-130-070) Deputy City Manager Starman provided an overview of the Report to City Council dated September 24, 1997, incorporated herein by reference, regarding the General Fund's Monthly Financial Report for August 1997. He related that total revenue to date ($5.0 million) was slightly below staff's original cash flow estimated. He indicated that expenditures to date totaled$7,364,343,or$428,882 (6.1 percent) above staff's original cash flow projection. In response to Council Member R. Anderson, Mr. Starman believed that transient occupancy tax would meet staff's projections by year end. He was, however, concerned about sales tax revenue, but noted that it was still early in the fiscal year to make any adjustments to projections. It was the consensus of the City Council to accept the General Fund's Monthly Financial Report for August 1997 as presented. ELECTRIC UTILITY MONTHLY FINANCIAL REPORT - August 1997 (B-130-070) Deputy City Manager Starman highlighted the Report to City Council dated September 30, 1997, incorporated herein by reference, depicting the Electric Utility's Monthly Financial Report for August 1997. Council Member R. Anderson stated that the ratepayer billing needed to clearly denote that the$18 million transfer was a one-time only transfer. It was the consensus of the City Council to accept the Electric Utility's Monthly Financial Report for August 1997 as presented. AMENDMENT TO TRANSIENT OCCUPANCY TAX ORDINANCE (T-010-600) Deputy City Manager Starman provided an overview of the Report to City Council dated September 22, 1997, incorporated herein by reference,regarding amendments to the City's existing ordinance to clarify the definition of"transient"in order to avoid any potential confusion and codify the City's existing practice of exempting Federal employees from paying the transient occupancy tax when a government check or credit card was used. It is the recommendation of staff that the City Council offer the necessary ordinance for first reading and waive the full reading of said ordinance. Council Member R. Anderson preferred not exempting Federal employees from the paying transient occupancy tax. City Attorney Wingate suggested that staff prepare a supplemental report for the City Council's consideration. It was the consensus of the City Council to defer action on this matter. At the hour of 8:30 p.m., Vice Mayor Murray declared the meeting recessed. At the hour of 8:44 p.m., Vice Mayor Murray reconvened the meeting to regular session. RESOLUTION - Intention to Begin Abatement Proceedings at 742 Branstetter Lane, owned by Dennis McCollum (A-030-070) Vice Mayor Murray abstained from discussion and voting on this matter. Development Services Director Swanson's Report to City Council dated September 25, 1997, incorporated herein by reference, outlined that the property located at 742 Branstetter Lane contained multiple travel trailers being used for human occupancy, along with unpermitted outbuildings, trash, debris and castaways, violating Chapters 9.28, 9.32, 18.6, and 18.68 of the 10/07/97 234 Redding Municipal Code, constituting health and safety hazards. He related that to date, the owner has taken little or no action toward abating the violations. It is the recommendation of staff that the City Council adopt the necessary resolution of intention to begin abatement proceedings. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that Resolution No. 97-182 be adopted, a resolution of the City Council of the City of Redding to begin abatement proceedings on the real property located at 742 Branstetter Lane currently owned by Dennis McCollum. Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, and McGeorge Noes: Council Members -None Absent: Council Members - P. Anderson Abstain: Council Members - Murray Resolution No. 97-182 is on file in the office of the City Clerk. SALE OF CITY-OWNED PROPERTY - Purchase and Sale Agreement for Lot 19 and Option to Purchase Lot 18 at Redding Municipal Airport Business Park, with E. Robert Meissner (C-070-200 & A-090-100) Development Services Director Swanson highlighted the Report to City Council dated September 25, 1997, incorporated herein by reference, regarding E. Robert Meissner's offer to purchase Lot 19 and to option Lot 18 at the Redding Municipal Airport Business Park for the purpose of constructing an industrial/office building. He explained that the option price on Lot 18 was 10 percent of the sale price per year, consistent with City Council Policy. The sale price for Lot 19 was $62,500 and Lot 18 was priced at $64,000. He stressed that Mr. Meissner was aware of the subdivision's requirements and agreed to construct a quality project on the property. It is the recommendation of staff that the City Council approve the agreements with E. Robert Meissner for the sale and option for sale of Lots 19 and 18, respectively. Mr. Swanson noted that Section 10.4 should read that escrow shall close on or before 5:00 p.m. on a date that is 30 calendar days from the date the Option and Purchase and Sale Agreement is executed. He added that Mr. Meissner was proposing to construct the industrial building with or without a tenant. Council Member R. Anderson questioned why staff was proposing such a long escrow on a single lot. Mr. Swanson replied that the City was willing to accept the proposal in part because it was the first offer to purchase the City had received and believed a 90-day period to be reasonable. Vice Mayor Murray questioned whether Mr. Shuck was the broker of record for Entrepreneur Realty. Mr. Shuck responded that he was not the broker of record. City Attorney Wingate stated that staff would clarify the.language in the agreement. In response to Vice Mayor Murray, Mr. Swanson believed the option to purchase would be 180 days from the close of escrow. Vice Mayor Murray stated that future option agreements should preferably provide for a shorter escrow period. He further noted that staff may want to also consider requiring payments during the escrow period. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to approve the Purchase and Sale Agreement for Lot 19 and the Option and Purchase and Sale Agreement for Lot 18 in the Redding Municipal Airport Business Park with E. Robert Meissner. The Vote: Unanimous Ayes 10/07/97 235 AWARD OF BID - Bid Schedule No. 3126, Furnishing Credit/Debit Card Processing Services RESOLUTION - Appropriating Funds (B-050-100 & B-130-070 & F-205-030) Council Member R. Anderson abstained from discussion and voting on this matter. City Treasurer Linville highlighted the Report to City Council dated September 29, 1997, incorporated herein by reference,regarding the City's ability to accept credit or debit card payments. She explained that the Convention Center was the only department currently accepting credit card payments, and the associated cost was absorbed by contract with the show promoters. She related that Visa and Mastercard issuers prohibit municipalities from passing the cost of providing credit card service onto their customers. Ms. Linville stated that the City received three responses to Bid Schedule No. 3126, furnishing credit/debit card processing services. The committee reviewing the responses took into consideration references, cost, available service, time savings, and efficiency. Union Bank of • California received a unanimous vote for top rating based on the aforementioned criteria. Ms. Linville explained that there were electronic programs available which would allow credit/debit card entry directly into the City's AS/400 system to be applied to the customer's account, thus reducing keystroke entry and possible human error. She indicated that credit/debit card collections would also provide next day credit of funds, encourage payment on delinquent accounts, and result in fewer bad checks, reduce cash and check processing fees, and create a potential for increased collections. It is recommended that the City Council award Bid Schedule No. 3126 to Union Bank of California with an additional program which would perform electronic entry directly to the customer's account, adopt the necessary resolution appropriating funds to implement the program, and direct the City Treasurer to sign the appropriate contract for this service. Council Member Kehoe stated that he would like to see a cost benefit analysis on this matter, i.e., reduction in bad checks, next day collection of funds, etc. He related that he needed assurance that the program was in the City's best interest. Ms. Linville related that any figures staff would provide would be purely estimates, as it was difficult to determine the volume of use or the reduction in bad checks. Vice Mayor Murray indicated that it would be possible to do a cost benefit analysis after the program had been in place for approximately a year. Ms. Linville recommended that if the City decides to implement the program on a trial basis that the equipment be leased. She noted that $5,800 of the cost was strictly for programming. Council Member McGeorge questioned how many checks were deemed uncollectible. Ms. Linville stated that the Customer Service Division receives approximately 99 percent of the bad checks and would know how many were charged off or sent for collection. City Manager Warren stated that he has requested divisions to begin developing base line figures to determine the impact the use of credit cards has made in a six-month period. He related that there were advantages to implementing this program: convenience to the public and reduced operational costs in the recreational programs and earlier collection of bills. He suggested proceeding with implementing the program and requesting staff to report back with a six-month update. Vice Mayor Murray noted that the program brings the City closer to the 20th century and was one of the items recommended in the Electric Utility Audit. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to award Bid Schedule No. 3126, furnishing credit/debit card processing services, to Union Bank of California, along with an additional program which would perform electronic entry to directly credit the customer's account, as a trial program to be reexamined in one year; to direct staff to look into 10/07/97 236 the possibility of leasing the necessary equipment; to authorize the City Treasurer to sign the appropriate contract; and to adopt Resolution No. 97-187, a resolution of the City Council of the City of Redding approving and adopting the 7th amendment to City Budget Resolution No. 97-111 appropriating $18,125 for implementation of the credit card program. Voting was as follows: Ayes: Council Members - Kehoe, McGeorge, and Murray Noes: Council Members -None Absent: Council Members - P. Anderson Abstain: Council Members - R. Anderson Resolution No. 97-111 is on file in the office of the City Clerk. ANIMAL REGULATION SERVICES CONTRACT REVIEW COMMITTEE - Final Report and Recommendations (A-130-150) City Clerk Strohmayer provided an overview of the Report to City Council dated October 2, 1997, incorporated herein by reference, containing the Animal Regulation Services Contract Review Committee's final report and recommendations. She explained that the committee was asked to review and make findings regarding the following four key areas: (1) Haven Humane Society's (Haven) adherence to the existing contract (scope of services); (2) Areas the City should improve in the current and future contracts; (3) Determine whether there is a"common sense" approach to animal regulation; and (4)Review hours of operation and animal adoption criteria. Ms. Strohmayer summarized the committee's recommendations as contained in the report. It was the recommendation of staff that the following action be taken: (1) The City Council accept the committee's final report; (2) The City address the Consumer Price Indicator (CPI) escalator provision during contract negotiations; (3) That staff conduct an audit of Haven's financial records relevant to the operation of animal regulation services; (4) That staff prepare a cost analysis for the City to perform animal regulation services at least six months prior to the expiration of the existing contract; (5)That staff be authorized to examine a"joint powers"arrangement for animal regulation services and begin the dialogue with the other agencies immediately; (6) Request Haven to provide, at their earliest convenience, an activity report reflecting its educational program and associated costs; and(7) Authorize staff, in cooperation with Haven, to immediately begin reviewing Haven's current adoption policy. Ms. Strohmayer noted that Bob Timone of the Haven Humane Society was provided a copy of this report and was advised that the City Council would be considering the matter this evening. Mr. Timone subsequently advised the City that Haven's Board of Directors would not allow the City to conduct a financial audit of its entire operation, but rather that portion relative to its contract with the City. Vi Klaseen, Committee Chair, stated that one of the committee's areas of concern was with regard to the number of animals.being enthuanized. She related that Melinda Brown spoke with other cities regarding their animal regulation process. She indicated that the committee concluded that, in part, the community's attitude toward animals forces Haven to enthuansize these unwanted animals. She further stated that the committee spent a considerable amount of time reviewing the adoption policies and the cost of providing animal regulation services. It was determined that the City needed to review Haven's entire financial situation in order to determine how much money was being spent on animals received from within the City limits of Redding. She indicated that the committee recognized that this would be a difficult process, but also noted that the City does not spend $300,000 annually on domestic violence. Council Member McGeorge questioned the City's right to request a financial audit. City Attorney Wingate responded that the City had the right to request a financial accounting of activities which pertain to the City's contract, but not the entire operation. Deputy City Manager Starman interjected that the contract contains explicit language relative to this matter. Vice Mayor Murray opined that the purpose of the contract with Haven was to prevent the cruelty of animals. He related that the City was spending$310,000 annually on animal regulation,however, 63 percent of the animals were still being enthuanized. He cited figures received from the State of 10/07/97 237 California and compared the County's process to Haven Humane. While he did not question Haven's dedication,he questioned their creativity in achieving results. Of the seven items included in staff's recommendation, he suggested that rather than exploring a JPA that staff should conduct conversations with the County regarding the possible infusion of funds to construct a larger facility, thereby allowing the County to accommodate the City's needs in 1999. He recommended adding a provision in the contract to reduce the euthanization of unwanted animals and tie performance to the payment of services rendered. He suggested issuing a Request for Proposals (RFP) 12 months prior to the current contract's expiration which was not only based on cost, but the preservation of animal life and creative solutions to achieve these goals. Council Member Kehoe recalled that a RFP was issued in 1994 and did not prove to be productive, however, he believed the idea was worth revisiting. He suggested adding the following to the four objectives outlined in the report: Is the City getting what it pays for? He noted that this question could not be answered unless staff has the ability to access Haven's financial information. He commended the committee for their work on this project. He concurred with Vice Mayor Murray's observations and believed they deserved further analysis. MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, to accept the Committee's report and direct staff to report back with the implementing documentation regarding the seven items recommended by staff in the Report to City Council dated October2, 1997, as well as the following: (1) rather than looking into a Joint Power Agreement, explore conversations with the County about the County accommodating the City's needs; (2) identify a contract goal reduction in enthanization of unclaimed animals; (3)tie performance of euthanization goal to payment for services rendered; (4) issue an RFP 12 months in advance of the contract expiration; and (5) RFP should not only be based on money, but preserving life of animals and creative solutions. The Vote: Unanimous Ayes AUTHORIZATION TO INCREASE CONTINGENCY FUND - re Bid Schedule No. 3127, Civic Center Phase 1 Construction (B-050-020 & C-050-025) Public Works Director Russell explained that during the construction of Bid Schedule No. 3127, Civic Center Phase 1 Construction, several unforeseen conditions were encountered: (1) A 2,000 square foot, 8-inch thick concrete pad was found under the asphalt concrete pavement driveway just south of the Caltrans building; (2) There was an underground storm drain; (3) There was a maze of underground gas pipe lines and electrical conduits that provided gas and electricity to the old warehouse building which were not shown on the drawings; (4)A steel underground oil storage tank was located in a. former parking lot west of the old warehouse building; and (5) There was contaminated soil beneath two sand/oil interceptors which was removed on the site. Mr. Russell related that the extra cost of the aforementioned items was $21,828 and there was $15,000 allocated to the project for extra work. He stated that the City Council's authorization was needed to increase the contingency fund by $20,000 for a total contingency balance of$35,000, thereby allowing an additional $13,172 for other change work that may occur. He noted that any remaining change order work would probably be minor and that additional funding should be sufficient to complete the project. It is the recommendation of both Nadon Management and staff that the City Council authorize an increase of$20,000 to the contingency fund for the Civic Center Phase 1 Construction Project for 111 a total contingency balance of$35,000. MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to increase Bid Schedule No. 3127, Civic Center Phase 1 Construction, contingency fund by $20,000 for a total contingency balance of$35,000. The Vote: Unanimous Ayes ORDINANCE - re Amending Redding Municipal Code Chapter 10.26, Modification of Speed Limits on the Sacramento River (R-200-600) City Attorney Wingate's Report to City Council dated October 1, 1997, incorporated herein by reference, recalled that the City Council, at its meeting of March 4, 1997, directed staff to create an 10/07/97 238 ordinance imposing speed limits of 25 mph when proceeding upstream on the Sacramento River and 5 mph when proceeding downstream. Accordingly, it is the recommendation of staff that the City Council approve the Negative Declaration,offer the necessary ordinance for full reading, and waive the full reading of said ordinance. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to make the following findings regarding ED-10-96: 1. The project is compatible with the Redding General Plan; 2. The project will not significantly alter existing land form; 3. The project is compatible with surrounding land use; • 4. The project is compatible with the code of the City of Redding, California, and approve the Negative Declaration authorized by the Development Services Department. Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, and McGeorge Noes: Council Members - Murray Absent: Council Members - P. Anderson Council Member R.Anderson offered Ordinance No. 2193 for first reading,an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 10.26, Sacramento River Area Regulations, specifically the modification of speed limits on the Sacramento River. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2193 be waived and the City Attorney instructed to read the ordinance by title only. Voting was as follows: Ayes: Council Members - R. Anderson, Kehoe, and McGeorge Noes: Council Members - Murray Absent: Council Members - P. Anderson Award of Bid- Bid Schedule No. 3130, Purchase of One 3/4 Ton Truck with Utility Bed and Crane (B-050-100) Administrative Service Director Kersten's Report to City Council dated October 2, 1997, incorporated herein by reference,recommended that the City Council award Bid Schedule No. 3130, purchase of one 3/4 ton truck with utility bed and crane to S & C Ford in the total amount of $26,061.75 including sales tax. • Vice Mayor Murray related that staff was recommending awarding the contract to the third lowest bidder based on the fact that the low bidder, Green Valley Ford, could not supply the engine it specified in its bid. It was noted that the second low bidder, Heiser Chevrolet, withdrew their bid. He further explained that Green Valley Ford sent a facsimile indicating that the engine as bid was no longer available, but that a larger engine could be substituted at an additional cost of$375. The award of bid to S & C Ford would result in an additional cost of$1,189.83,when compared to Green Valley Ford's original bid. He indicated that this may be a policy decision for the City Council to consider, i.e., awarding to the original low bid, awarding to the higher bidder, or rebidding the item. Mr. Kersten explained that while it was tempting to add $375 to the low bidder's bid and award the bid accordingly, the City could not allow a vendor to change its price after the bid was opened. He noted that had Green Valley Ford bid the truck with an alternative bid, it could have been awarded accordingly. He indicated that allowing vendors to change their bids after they were opened, would open the City up to protests. He stated that the City's only alternative to not awarding the bid to S & C Ford would be to reject all bids and start the process over. He did not favor this approach, as it has been the City's practice to award the bid to the lowest responsive bidder whenever possible. He related that he had conversations with Green Valley Ford in an attempt to have them lower their price to the original price quoted, but learned that one of its vendors had made a mistake in their bid to them and was willing to take advantage of that mistake, however, he did not suspect they would be willing to rebid the item. Given this information, it was believed that rebidding the item would not result in an additional cost savings. 10/07/97 239 Vice Mayor Murray noted that future requests for vehicles close to the end of a model year should be sensitive to the fact that the dealers do not often know what year model would be available and the specifics such as engines, etc. In response to Council Member R. Anderson, Deputy City Manager Starman related that the City's one percent preference for local vendors was authorized based on the assumption that the City was being made whole through the receipt of sales tax revenue on the sale, i.e., $0.01 for every $0.0725 111 collected. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to award Bid Schedule No. 3130, purchase of one 3/4 ton truck with utility bed and crane, to S & C Ford in the total amount of$26,061.75 including sales tax. The Vote: Unanimous Ayes CLOSED SESSIONS (C-070-200 & A-090-100 & P-100-050-050 & P-100-050-120 & L-100) Vice Mayor Murray stated that the City Council would be adjourning to closed session to discuss the following: (1) Pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Redding Airport Business Park Property Negotiating Party: Colburn Thomason Under negotiation: Price (2) Pursuant to California Government Code Section 54956.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Randy Bachman Employee Organization: Local Union 134 of International Association of Fire Fighters-AFL- CIO (3) Pursuant to California Government Code Section 54956.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Randy Bachman Employee Organization: Peace Officers Association of Redding (4) Pursuant to California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Case At the hour of 9:40 p.m., Vice Mayor Murray adjourned the meeting to closed session. At the hour of 10:10 p.m., Vice Mayor Murray reconvened the meeting to regular session. MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, that Resolution No. 97-184 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding entered into between the City of Redding and the International Association of Fire Fighters, Local Union 1934, effective July 1, 1997. Resolution No. 97-184 is on file in the office of the City Clerk. 10/07/97 r- 240 ADJOURNMENT There being no further business, at the hour of 10:12 p.m, Vice Mayor Murray declared the meeting adjourned. APPROVED: 14111. .moi i Vice Mayor 41, ATTEST: City Clerk 10/07/97