Loading...
HomeMy WebLinkAboutMinutes - City Council - 1982-02-16 30 F t City Council , Regular Meeting Police Dept. & Council Chambers r Redding, California February 16, 1982 7:00 P.M. r The Pledge of Allegiance to the Flag was led by Assistant City Engineer Lang. III The invocation was offered by Pastor T. W. Hendrix, of the Christian Church. T The meeting was called to order by Mayor Pugh with the following Council rMembers present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Planning and Community Development Director Perry, Electric Director Lindley, Director of Parks and Recreation Riley, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Electrical Engineer Baysinger, Senior Associate Planner Keaney, Engineering Technician Duryee, City Clerk Richter, Deputy City Clerk Strohmayer, and Secretary to the City Council Rupp. APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick z approving the minutes of the regular meeting of February 1 , 1982, and the F adjourned regular meeting of February 3, 1982 , as delivered to each Council c Member. The Vote: Unanimous Ayes with Mayor Pugh abstaining E WRITTEN COMMUNICATIONS American Legion Parade - June 25, 1982 A letter was received from the American Legion Convention Committee, Inc. requesting approval of the American Legion Parade to be held at approximately 7:00 P.M. , on June 25, 1982. The City Clerk advised III 132' that the Chief of Police and Cal Trans have approved the parade route. Resolution E MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-19 be adopted, a resolution of the City Council of the City of Redding pertaining to the American Legion Convention Parade. Voting was as follows: rAyes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, .- and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 82-19 is on file in the office of the City Clerk. Communication from California Highway Patrol - re United Way Campaign A letter was received from J. P. Anderson of the Department of Cali- fornia Highway Patrol , thanking George Tenneson who served as Chairman 1, Y of the recent United Way campaign. Mr. Anderson stated that City of 1 0 0 Redding employees ' donations exceeded last year' s contributions by nearly $1 ,000. Letter from Shasta County Board of Realtors - re Zoning Around and Near the Redding Municipal AirportIII The City Clerk reviewed a letter from Robert Medley, President of the C� Shasta County Board of Realtors expressing concern about the alloca- 1lD tion of zoning around and near the Redding Municipal Airport. i. Q 2/16/82 31 Mr. Medley stated that there is a natural need for industry to concentrate near air transportation and it is even more critical for Redding which is distant and isolated from the major metropolitan areas. Mr. Medley feels that over the years, the airport will be expanded again and again and proper planning will avoid having to condemn residential areas to provide for needed expansion. Mr. Medley strongly urged industrial priority for the airport area. In response to an inquiry from Mayor Pugh, Planning and Community Development Director Perry advised that this will be included with the Airport Plan when it comes before Council . National Arbor Day Foundation - Congratulations for Redding Being Named as 1981 Tree City USA A letter was received from the National Arbor Day Foundation congratula- ting Redding on being named as a 1981 Tree City USA. They advised that App a presentation will be made by the State Foresters in recognition of this award. Mayor Pugh noted that members of the Parks and Recreation Commission and the Community Development Committee will be recognized at the Arbor Day celebration for their efforts in this behalf. Council Member 4 Demsher suggested that citizens of the community who were involved in 3 this effort should also be invited to the celebration. ECONOMIC DEVELOPMENT CORPORATION OF SHASTA COUNTY - Reappointment of William Gelonek MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher reap- pointing William Gelonek to the Economic Development Corporation of Shasta 31/7 County for a two-year term to expire December 1983. The Vote: Unanimous Ayes ; APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Accounts Payable Register No. 16, check nos. 82431 through 82670 inclusive, in the amount of $703,773.61 , be approved and paid, and that Payroll Register /04° No. 16 , check nos. 155827 through 156365 inclusive, in the amount of $415,191 .56, for the period January 17, 1982 through January 30, 1982, be approved. Total : $1 ,118,965.17 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None A Absent: Council Members - None TREASURER'S REPORT - December 31 , 1981 Councilman Kirkpatrick submitted the Treasurer's Report as of December 31 , /`l 1981 , which showed the Treasurer' s Total Accountability to be $10,533,660.52. CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Barbara Jean Brashear - Claim filed 2/8/82 MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard 2 < that Claim for Personal Injury filed by Barbara Jean Brashear on 1 February 8, 1982 , be denied and referred to the City Insurance Carrier. The Vote: Unanimous Ayes 4 2 Elaine Hurst - Claim filed 2/9/82 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damages filed by Elaine Hurst on February 9, 1982, be f oZ referred to the City Insurance Carrier and set for second hearing, March 15, 1982. The Vote: Unanimous Ayes A J 2/16/82 32 P CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd Hearing Howard Fisher - Claim filed 1/13/82 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Personal Injury filed by Howard Fisher on January 13, 1982 , be denied and the claimant so advised. The Vote: Unanimous /AA Ayes Richard Paul Maxwell - Claim filed 1/7/82 111 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Claim for Damages filed by Richard Paul Maxwell on L January 7, 1982, be denied and the claimant so advised. The Vote: ;L) Unanimous Ayes SUMMONS AND COMPLAINT r City Attorney Hays advised that the City has been served with the following 1I a), Summons and Complaint: William Walker vs. Ralph Dorrell , et al , and Cross-Defendants Including City of Redding and Redding Police Department. S The matter has been referred to the City Insurance Carrier. i ORDINANCE - re Rezoning Application RZ-9-81 Council Member Gard abstained from voting on this matter. R MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the '4q full reading of Ordinance No. 1574 be waived and the City Attorney be Z instructed to scan same. The Vote: Unanimous Ayes with Councilwoman Gard abstaining a MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that t Ordinance No. 1574 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal CodeIII relating to the rezoning of certain real property in the City of Redding (RZ-9-81 ) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Gard Ordinance No. 1574 is on file in the office of the City Clerk. ORDINANCE - re M-S-R Power Sales Agreement MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the full reading of Ordinance No. 1575 be waived and the City Attorney be t instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Ordinance No. 1575 be adopted, an ordinance of the City Council of the City of Redding approving and authorizing the execution of a Power Sales Agree- ment with M-S-R Public Power Agency. Voting was as follows: /LPL' Ayes: Council Members - Fulton, Kirkpatrick, and Pugh Noes: Council Members - Demsher and Gard Absent: Council Members - None Ordinance No. 1575 is on file in the office of the City Clerk. III i AWARD OF BID - Interposing Relay Panel Assembly MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that aliJ 3 Bid Schedule No. 1369, interposing relay panel assembly, be awarded to the R. E k t f 2/16/82 t • 33 sole bidder, Westinghouse Electric Supply Company, in the amount of $18,490.64, sales tax included. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None LAKE REDDING POWER PROJECT - Proposed Field Studies re FERC License Application Electric Director Lindley reported that on September 8, 1981 , Council awarded a $75,000 contract to the Bechtel Corporation for the preparation of the FERC environmental exhibits to accompany the FERC license application for the Lake Redding Power Project. Because of the limited time available, /' the contract included identification of, but not the completion of, environ- j(�(jV mental field studies. He advised that six specific tasks have been identi- / fied by Bechtel as necessary field studies to be included with the license application as studies which will be accomplished during the course of the project licensing procedure. Mr. Lindley submitted a summary sheet outlin- ing each of the six tasks and associated estimated costs and starting dates which is incorporated herein by reference. It is estimated that the cost for these studies is $150,000 plus an estimated $50,000 to prepare the EIR. Mr. Lindley stated that if Council authorizes these studies, the Electric Department is prepared to issue requests for proposals from qualified environmental companies which could perform the work. He estimated that an evaluation of these proposals and a contract award recommendation could be presented to Council on March 1 , 1982. In response to an inquiry from Council Member Fulton, Mr. Lindley advised that some of these funds have been budgeted in the current budget and the remainder will be included in the 1982-83 budget. He further advised that the figures for the tasks and EIR are estimates at this time, but at the time of the award of a contract, "not to exceed" figures will be used. Mayor Pugh noted that some of these tasks studies will provide a continual view of the status of the project. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard authoriz- ing the preparation of the six task studies as identified on the Summary of Recommended Tasks for Additional or Continued Studies, dated February 10, 1982 as submitted to Council , as well as the preparation of an EIR if necessary. The Vote: Unanimous Ayes NCPA PROJECT ACTIVITY Electric Director Lindley reviewed the NCPA Project Activity report dated February 10, 1982, which is incorporated herein by reference. This report l(p!a R included updates on two existingprojects, the HarryAllen Project and the P Calaveras Project, and two new projects, the New Hogan Project and the Wind Energy Project. Mr. Lindley also submitted an organizational chart for NCPA staff. This was an information item only and no action was taken by Council . M-S-R MEMBER ASSESSMENT - Arizona Nuclear Power Project Electric Director Lindley advised that during the regular M-S-R meeting of January 20, 1982, the M-S-R assessed its members $250,000 for costs assoc- iated with the Arizona Nuclear Power Project, but outside the actual pur- 11.960X1 chase, which would be incurred during January and February, 1982. He outlined the various needs for these funds and recommended that Council authorize the appropriation and expenditure of funds which would accommodate projected M-S-R assessments through April , 1982. He further recommended A 2/16/82 f 34 that such authorization be conditioned to the extent that M-S-R shall return all such funds to the City in the event the election results overturn the Council 's decision to participate in the project. Redding' s 1/6 share of those projected costs is $62,334. Mr. Lindley noted that funds are not available in the current budget for this expenditure and a supplemental appropriation will be required. Councilman Kirkpatrick questioned how these funds could be returned if the City does not participate in the project, since these funds will have already been spent. Mr. Lindley advised that Modesto Irrigation District has indicated they would take Redding's percentage interest in the project. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton authorizing an expenditure of $62,334 for Redding' s share of the M-S-R assessments through April , 1982 , on the condition that M-S-R shall return all such funds to the City in the event the April 13 election results overturn the Council ' s decision to participate in the Arizona Nuclear Power Project. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, and Pugh Noes: Council Members - Demsher and Gard F Absent: Council Members - None NCPA NORTH FORK - STANISLAUS (CALAVERAS PROJECT) - Change in Level of Participation Mr. Lindley explained that subsequent to Council ' s action to increase Redding 's level of participation in the Northern California Power Agency (Calaveras) Project from 9.41% to 10.93%, the City of Santa Clara has proposed that it would be willing to increase its level of participation to the extent necessary to absorb the reductions by Alameda and Ukiah. This n would provide the City an opportunity to reduce its level of participation (fi(p to the previous 9.41% level or to increase its level of participation by as much as 3%. Based on projections and future Electric Department efforts to lower the peak through load management, it is recommended that Council not authorize any changes in Redding' s level of participation at this time. Mrs. Gard inquired as to when Mr. Lindley expects that the 22 megawatts of peaking power will be available from the Calaveras Project. Mr. Lindley advised that it will be roughly five years. Council concurred that no changes in Redding' s level of participation in the Northern California Power Agency (Calaveras) Project should be authorized at this time. PUBLIC HEARING - re Cluster Subdivision Ordinance The hour of 7:30 P.M. having arrived, Mayor Pugh opened the public hearing re amendment to Chapter 17, Redding Municipal Code re Cluster Subdivisions. The following documents are on file in the office of the City Clerk: )- Affidavit of Publication - Notice of Public Hearing p I Affidavit of Mailing - Notice of Public Hearing The City Clerk advised that no written protests were received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated February 10, 1982. He advised that the 2/16/82 35 A A Planning Commission has unanimously recommended approval of including in the City Code a cluster subdivision ordinance. A copy of the draft ordinance and the negative declaration were submitted to Council . Mr. Perry reported that the intent of the ordinance is to bridge the gap between a conventional single-family subdivision and a planned111 development. It would also give someone, who is interested in holding 4 down unit costs, the opportunity to do so by developing shorter streets and narrow lots. Mr. Perry added that it provides an incentive to the developer to preserve open space and natural areas sensitive to develop- ment. As written, the ordinance provides for lot widths as small as 45 feet. It also allows detached, common-wall and zero, lot-line construction. Mr. Perry advised that the ordinance does not include bonus-unit provisions to assure that planned sewer, water or street capacities are not exceeded. In all cases, the units will be single-family residences, covering a broad range of values. It is the recommendation of both the Commission and staff that the negative declaration be ratified and that an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the public hearing be closed re amendment to Chapter 17, Redding Municipal Code re cluster subdivisions. The Vote: Unanimous Ayes Mrs. Gard commented that this type of ordinance is needed in Redding and complimented staff for its work. She felt cluster subdivisions are practical to Redding ' s topography. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Council makes the following findings re Cluster Subdivisions: 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. ti and, ratifies the negative declaration approved by the Board of Adminis- trative Review on January 20, 1982. The Vote: Unanimous Ayes Councilman Demsher expressed some concern regarding the architectural review process. Mr. Perry advised that the draft ordinance was sub- mitted to several local engineers and developers and one did raise this issue and preferred that the process be done after tentative approval . He further noted that this option is included in the ordinance and may be authorized if needed. Councilwoman Gard offered Ordinance No. 1576 for first reading, an ordinance of the City Council of the City of Redding amending Title 17 of the Redding Municipal Code by adding thereto Chapter 17.54, pertain- ing to cluster subdivisions. ANNEXATION REQUESTS - Airport Annexation and Rancho Road/Airport Road Area Planning and Community Development Director Perry advised that Mr. Alan Hill �z has requested that his 110 acres south of Rancho Road and property owned by -- W. W. Jaxon Baker to the south be processed separately from the annexation of 2 the Airport. Mr. Perry recommended that this request and the other new I J S 2/16/82 ' 36 r requests be referred to staff for recommendation as to whether or not to proceed with the annexation as now underway or to separate the annexation into several parts. Mr. Perry also submitted petitions from various property owners in the I Rancho Road area requesting inclusion in the Airport Annexation. He reviewed the previous history of the Airport Annexation and advised that a III r property tax exchange agreement has not been reached on this annexation. i P Mr. Perry recommended that the following actions be taken on the above annexation requests: r 1 . Refer the annexation to the staff to review the pros and cons on whether or not the annexation should be expanded or be broken down into several parts based on the individual characteristics of each i area. 2. Refer all the requests to the following departments for review of the City's ability to provide services and whether improvements should be required for annexation: Public Works (water, sewer, sanitation, streets) Electric Fire t Police Parks 3. Review present status of property-tax negotiations. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of staff and referring the above annexations to staff as hereinabove stated. The Vote: Unanimous AyesIII SET PUBLIC HEARING - Amendment to Section 16.24 and 18.56 of the Municipal Code Pertaining to Satellite-Television-Antenna r Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton setting a 3 ©I public hearing for 7:30 P.M. , March 1 , 1982 , to consider an amendment to Section 16.24 and 18.56 of the Municipal Code pertaining to Satellite- Television-Antenna. The Vote: Unanimous Ayes with Mayor Pugh abstaining SET PUBLIC HEARING - Amendment of Chapter 18.37 of the Municipal Code to Add a "A" Agricultural Combining District kIu MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick J setting a public hearing for 7:30 P.M. , March 1 , 1982, to consider an b 1 amendment to Chapter 18.37 of the Municipal Code to add a "A" Agricultural 3 Combining District. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 82-1 - Oasis Road Area Planning and Community Development Director Perry submitted petitions from property owners located south of Oasis Road and east of Interstate 5 requesting annexation to the City. A map of the parcels was shown on the 7 Vu Graph. It is the recommendation of staff that the request be referred to the following departments for reports regarding provision of City services to this area: III s 1 . Police 2. Fire 3. Public Works 4. Electric ri- 1v`FM k 2/16/82 f .. .. _ _ _ �._�----. -'_ -�_-. •-- _-- �-- �--.- moo- 37 • Upon receipt of these reports, staff will prepare recommendations concerning if and how the property could be annexed. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of staff and referring Annexation Request No. 82-1 , Oasis Road Area to the departments as hereinabove stated. The Vote: Unanimous Ayes } ORDINANCE - re Planned Development PD-10-80, by Redding Hilltop Investments �� Mr. Perry advised that the Planning Commission granted a one-year extension of PD-10-80, which grants the applicant permission to convert 80 apartments located at 100 Hilltop Drive to condominiums. A map of the area was shown on the Vu Graph. In approving the extension, the Commission recommended deletion of Condi- tions 24 through 30 and adopted a new Condition No. 24 as follows: 4 2 (24) The developer shall provide each tenant with notices and other information as specified in Section 17.50. 170 of the Redding Municipal Code. t 1 The reason for these changes was to bring the project into conformance with the City's condominium conversion ordinance, which was adopted after the project was approved. It is recommended that an ordinance be offered for first reading to amend Ordinance No. 1526. Councilman Demsher offered Ordinance No. 1577 for first reading, an ordi- 1 nance of the City Council of the City of Redding amending the conditions of approval relating to the rezoning of certain real property in the City of Redding (PD-10-80) . ANNEXATION REQUEST NO. 82-2 - Clear Creek Road Mr. Perry submitted a letter from Jaxon Enterprises requesting annexation of two parcels located on the north side of Clear Creek Road. He advised that the property consists of approximately 577 acres. A map of the area Jf'g,j was shown on the Vu Graph. Mr. Perry noted that the property is outside the Regional Sewer Service Boundary and is not contiguous to the City. It is the recommendation of staff that the request be referred to the following departments for comments concerning provision of City services: 1 . Public Works 2. Police 3. Fire 4. Electric Upon receipt of these reports, staff will prepare recommendations concerning if and how the property could be annexed. In response to an inquiry from Mrs. Gard, Mr. Perry advised that the reasons given for the annexation request are the "Extractive Industry" General Plan designation and City utilities. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Annexation Request No. 82-2, Clear Creek Road be referred to the various departments as hereinabove stated for report and recommendation. The Vote: Unanimous Ayes REQUEST FROM "SAVE OUR SKIING" (S.O.S. ) - re June Ballot Measure Parks and Recreation Director Riley reviewed his memo to Council dated February 8, 1982. He stated that the Parks and Recreation Commission met 2 V 0) on February 3, 1982 to hear from Egon Harrasser, representative for the ` S.O.S. Committee. Their request is that the City of Redding share the cost 2/16/82 r 38 i i- to place this issue before the voters in the June Primary in support of a c ski development on Mt. Shasta. The Commission was concerned with the following: E 1 . Are the funds being well spent in this effort and are we not in fact ). lobbying for a controversial issue by recommending approval of this III request? 2. Is it constitutional to utilize public funds to place this measure on the ballot? The Commission recommended that Council make a decision on this request. Mrs. Gard asked the City Attorney if this would be a legal expenditure of C funds. Mr. Hays advised that it would be appropriate for the City to z assist in the cost of running the election, but not in the cost of printing advertising materials. He noted that the money would not go to S.O.S. but to Shasta County to help in defraying the cost of the election. Y Council discussed the cost of the ballot measure. Mr. Riley advised that i S.O.S. received a cost estimate from the County of $4,000 for the measure and the City' s share would be 4 or $1 ,000 if it decided to participate. y MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher i- authorizing an expenditure of $1 ,000 to the County of Shasta to assist in the cost of a ballot measure in support of a ski development on Mt. Shasta. The Vote: Unanimous Ayes L .$ RESOLUTION - re Parking Prohibition on Hartnell Avenue tMOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 82-20 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times for a total distance of 210 feet on the south side of Hartnell Avenue at its intersection with i- 1/3 Shasta View Drive. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 82-20 is on file in the office of the City Clerk. AWARD OF BID - Construction of Moore Road Substation Mayor Pugh abstained from voting and discussion on this matter. Assistant City Engineer Lang reviewed the memorandum of the Public Works Director and the Electric Director dated February 10, 1982. He submitted a tabulation of bids received and opened on January 26, for construction of the Moore Road Substation. Mr. Lang indicated that the apparent low bid was received from Northern Industrial Electric; however, subsequent to the 3 bid opening, the qualifications of the apparent low bidder were challenged by other bidders. Their challenge was based on the adequacy of the low bidder' s license, General Contractor (B) Electrical General , (C10) . Mr. Lang stated that it had been the interpretation of the Public Works Department that a General Engineering Contractor (A) license was necessary to bid this work. The matter was referred to the local office of the Contractor's State licensing Board for a decision. The matter was forwarded by them to their Sacramento office. A decision was rendered byIII a that office which stated that an "A" license was required. It is the recommendation of the Public Works Director and the Electric Director that the apparent low bid submitted by Northern Industrial Electric be rejected as non-responsive to the specifications and that the f t , 2/16/82 ,y __. - , ... 1,-...W...,.--�r-Ys-YY W .-yv�n�stir_r_v..ei-..•- -y . 39 1 project be awarded to the second apparent low bidder, Drumm Construction, Inc. in the amount of $325,000. City Attorney Hays advised that the City's policy is that contracts be awarded only to contractors who are properly licensed. He said he has received a letter from Mr. Berrigan in Sacramento advising that an "A" license is required and that a "B" and a "C10" are not sufficient. In response to an inquiry from Councilman Kirkpatrick, Mr. Lang advised that it is incumbent upon the bidders to possess the proper license for any 1 job they bid. Gary Borchard, attorney representing Northern Industrial Electric, stated A that no where in the bid documents is it stated what license is required. He said that his client, Mr. Cameron, indicated his license on the bid documents in good faith. He later found out from the local State Contrac- tors License Office that a claim had been made that he did not have the proper license. He said Mr. Dave Beisel of the local office told Mr. Cameron that his license was acceptable but the matter was referred to the Sacramento office for further review. Mr. Borchard suggested that before the City awards a contract to someone other than the apparentlow bidder, a notice should be given to that bidder , and evidence presented that he is not qualified to bid and construct the project. Mr. Borchard said that Mr. Berrigan' s letter from the State Contractor' s License Board to the City Attorney gave no basis for his decision and Mr. Berrigan has been unavailable. Mr. Borchard stated that Northern California Industrial Electric is of the opinion that it is pro- perly licensed for this work. Mrs. Gard asked if the burden of proof of competence remains with the Contractor's Board. Mr. Hays advised that the burden of proof remains with the contractor. Councilman Kirkpatrick suggested that since there hasn't been any chance for the apparent low bidder to refute the ruling of the State Licensing Board, that the matter be held over to an adjourned meeting to allow time for Mr. Borchard to contact Mr. Berrigan. Councilwoman Gard and Councilman Demsher agreed that the matter should be continued to determine the reasons for Mr. Berrigan's decision. Jack Kenealy, representing Drumm Construction, stated that he reviewed the bid documents and it is evident to him that an "A" license is necessary. He said that in terms of dollars , the vast majority of the project includes site improvements, and road construction. If these were incidental to the project, an Electrical General (C10) , would be sufficient. He said that these improvements are not incidental . He did not feel anything would be gained by the delay and discussion with the State Licensing Board. In response to an inquiry from Councilman Kirkpatrick, City Attorney Hays advised that the specific license requirements are not stated in bid specifications because they are prepared by the Public Works Department and they are not necessarily aware of what license is required on all projects. He added that the law requires that those who possess licenses, are to bid jobs for which they are qualified. Councilman Fulton was also in favor of getting more facts together before a contract is awarded. Mr. Hays advised that the contract must be awarded no later than 30 days after the bid opening of January 26. -i i 2/16/82 40 r F MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard continuing the award of Bid Schedule No. 1367, Construction of Moore Road ? Substation, to 12 Noon, February 24, 1982 , in the City Council Chambers. The Vote: Unanimous Ayes with Mayor Pugh abstaining s AWARD OF BID - Waldon Street Substation Modification MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that r Bid Schedule No. 1370, Waldon Street Substation Modification, be awarded to III Northern Industrial Electric on its low bid in the amount of $12,171 . o/ y 3 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Bid Schedule No. 1288, Construction of 10-Place T-Hangars at Municipal Airport and Benton Airpark g MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Bid Schedule No. 1288, construction of 10-place T-hangars at Redding Municipal Airport and Benton Airpark, be accepted as satisfactorily completed, and the City Clerk be instructed to file a Notice of Completion. r li Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Bid Schedule No. 1364, Landfill Leachate Control 1 System MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Bid Schedule No. 1364, Landfill Leachate Control System, be accepted as satis- factorily completed, and the City Clerk be instructed to file a Notice of E IS ri Completion. Voting was as follows: III Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None i. ACCEPTANCE OF FINAL MAP - Riverview Villas MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that tthe Final Map of Riverview Villas, be accepted and instructing the City Clerk to file the map with the Shasta County Recorder. The Vote: Unan- k r© imous Ayes i USE OF ANDERSON SOLID WASTE FACILITY Councilwoman Gard abstained from voting on this item. Assistant City Engineer Lang advised that a letter has been received from Frank Payton, President of Anderson Solid Waste, Inc. suggesting that the City contract with them to dispose of those waste materials handled by the City of Redding's Sanitation Collection Division. __ / .7 It is recommended that this matter be referred to staff to be studied and included as another alternative in the reports currently being considered in the study. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the use of the Anderson Solid Waste Facility be referred to staff as hereinabove stated. The Vote: Unanimous Ayes with Councilwoman Gard abstaining LEASES - Frontier Airlines and Pacific Express Holding, Inc. , dba WestAir Commuter Airlines 1 � � City Attorney Hays submitted two leases , one executed by Frontier Airlines,the other executed by Pacific Express Holding, Inc. doing business as WestAir Commuter Airlines , to cover their operations at the Redding r 5- t 2/16/82 41 • Municipal Airport. He stated that the lease documents are virtually identical and basically don' t constitute leases at all , but instead con- stitute rental agreements on a month-to-month tenancy basis. This is due 3 to the fact that under Federal regulations, airlines may terminate service by giving thirty days advance notice. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approv- ing leases with Frontier Airlines and Pacific Express Holding, Inc. dba WestAir Commuter Airlines , on a month-to-month tenancy basis, at Redding Municipal Airport. The Vote: Unanimous Ayes ORDINANCE - re Rezoning Application RZ-4-81 , by Santa Ana Valley Irrigation ' District City Attorney Hays submitted an ordinance to accomplish the previously approved rezoning application RZ-4-81 , by Santa Ana Valley Irrigation District. He advised that the negative declaration was also previously approved. a 1 Councilman Kirkpatrick offered Ordinance No. 1578 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 (RZ-4-81 ) . ENERGY COMMISSION Mr. Hays advised that Councilman Kirkpatrick has proposed the establishment of an Energy Commission to consist of seven members of the general public r7 who are residents of the City of Redding. The function of the Commission ( ' would be to advise and make recommendations to the Council concerning 1 electric matters. He suggests that the following broad topics be con- sidered by this commission: 1 . Electric Needs 2. Generation Projects 3. Purchase and Sale of Energy 4. Conservation Programs 5. Distribution Planning 2 It is proposed that the commissioners would serve without compensation and meet on a monthly basis , with the City Manager to staff and develop infor- mation for the commission. It is also proposed that two Council members, appointed by the Mayor, form a committee to interview candidates who have submitted applications for a position on the commission, or candidates who have been proposed by members of the Council . The first group of commis- sion members would be appointed from those recommended by the interview committee. In response to an inquiry from Mrs. Gard regarding the estimated staff time required, Electric Director Lindley said he would not be able to provide adequate interface between staff and the commission without additional staff members. He felt that in order for this type of commission to function properly, commissioners and staff would have to have a broad knowledge in the power field. 2 Mrs. Gard expressed concern regarding educating that group of people and felt there would be a four to five month organizational process. Mr. Kirkpatrick agreed it would be difficult but will help to develop continuity. He said the City is spending millions of dollars without 1 adequate information and that if more staff is required we should budget for that. 1 2/16/82 1 6 -A-.. -.--' —c.-- -v1,114-11,,...---.....,....--...--,-- ----- - 42 L r Mr. Demsher said that educating the commissioners would be difficult and that Mr. Lindley would have to educate new staff people. He is not sure ? the establishment of the commission is timely. City Manager Brickwood noted that new staff members will probably be added to the Electric Department in any event and urged Council to give this serious consideration. III Mrs. Gard stated that the citizens ' committees and commissions the City now has , function very well ; however, this type of commission would take a fairly long period of time to get organized. Her two main concerns are staff time and education of commissioners. a Mayor Pugh also felt that it would be a very difficult process to train people from the community. Mayor Pugh said it required a period of two years of study and travel for him to fully understand such things as S purchase and sales of power, base loads, power energy demands, and distri- e bution systems. Commissioners would have to be chosen who are not asso- ciated with the business to avoid conflict. He felt that a Commission would not be able to furnish any more information than is now being pro- A vided nor would it be available any quicker. He felt that filtering information through a commission which meets only once a month, would cause some problems for time lines. Mayor Pugh said he sees some long range benefits from a conceptual point of view but feels the City is far better off with Council making decisions on power. Another board would not be responsible to the electors. Councilman Kirkpatrick responded that special meetings could be called if necessary to meet time lines. He also felt the commission would provide more opportunity for public input and a source of information to the public. Mr. Kirkpatrick advised that he will be instructing the City Attorney to prepare an ordinance and will offer the ordinance for first reading in a few weeks. Councilman Demsher commented that all information going to the commission would ultimately come to Council , possibly in the form of a monthly update. He felt there may be some value in that as an advisory committee. However, Mr. Demsher stressed that the power business changes weekly and negotia- tions involve sensitive information which cannot be publicized without putting Redding at a disadvantage with competitors in the power field. it. Councilman Kirkpatrick stated that sensitive information could be presented P directly to Council as is currently the policy. He suggested that this provision could be written into the ordinance. Mr. Kirkpatrick asked for input from Council Members regarding the forma- tion of an Energy Commission. He again stated that if no input is received from Council Members within two weeks, he will go ahead with his plans to instruct the City Attorney to prepare an ordinance for first reading. Councilman Demsher said Council has heard a lot of public input recently during consideration of purchasing nuclear power and questions have been addressed at study sessions. At the hour of 9:05 P.M. , Mayor Pugh called a five minute recess. REQUEST FOR CLOSED SESSION re Possible LitigationIII City Attorney Hays requested a closed session re possible litigation. '2. —. 9 `/ He advised that Special Counsel Wingate will join the closed session. t c 2/16/82 43 4 When the Council meeting reconvened, Mayor Pugh announced that no action ? will be taken at this time regarding possible litigation. ROUTINE REPORTS AND COMMUNICATIONS Public Utilities Commission: PG&E Application to Reduce Electric Rates PG&E Application to Increase Electric and Decrease Gas Rates Civil Aeronautics Board: WestAir Commuter Airlines, Inc. Fitness Determination Determination of Eligibility, Marysville/Yuba City, CA 1,4 Shasta-Cascade Wonderland Association: 1 Publicity ADJOURNMENT There being no further business, at the hour of 9:26 P.M. , Mayor Pugh declared the meeting adjourned to 12 Noon, Wednesday, February 24, 1982. 4 APPROVED: ay.� ATTEST: City Clerk A 4 1 a 4 2/16/82 4