HomeMy WebLinkAboutMinutes - City Council - 2002-06-04
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
June 4, 2002, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Council Member Stegall.
I The Invocation was offered by Pastor Mac Harris, All Nations Church of Christ.
The meeting was called to order by Mayor Kight with the following Council Members
present: Cibula, McGeorge, Pohlmeyer, and Stegall.
Also present were Assistant City Manager Perry, Deputy City Manager Starman, City
Attorney Wingate, Development Services Director Hamilton, Electric Utility Director Feider,
Administrative Services Director Bachman, Support Services Director Kersten, Deputy Fire
Chief Becker, Planning Manager Keaney, Electric Program Manager Graves, Management
Analyst II Cherpeski, City Clerk Strohmayer, Assistant City Clerk Sherman, and Executive
Secretary Stribley.
Approval of Minutes - Special Meeting of May 21, 2002, and Regular Meeting of May 21,
2002.
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Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No. 22, check numbers 300769 through
301159 inclusive, in the amount of$3,525,358.25, for the period of May 21,2002, through
"May 31,2002; Wire Transfers for the period of May 18,2002, through May 31,2002, in the
amount of $4,195,268.07; and Payroll Register No. 24, electronic deposit transaction
numbers 108379 through 109035 and check numbers 489347 through 489605 inclusive, in
the amount of $1,727,892.72, for the period of May 12, 2002, through May 25, 2002, be
approved.
TOTAL: $9,448,519.04
Treasurer's Report - April 2002
(A-050-100-600)
Total Treasurer's Accountability
$131,469,895.34
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities
$174,496,328.55
ACR133 Report and Cash Reconciliation
(F -205-095-650)
It is the recommendation of the Administrative Services Director that the ACR133 Report
and the Proof of Cash Reconciliation for April 2002 be accepted.
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Ordinance - Amending the Market Street Redevelopment Plan
(R-030-145-01O)
It is the recommendation of the Development Services Director that Ordinance No. 2294 be
adopted, an ordinance of the City Council of the City of Redding approving and adopting the
amendment to the Market Street Redevelopment Plan (Amendment), approving the
environmental documentation prepared for the amendment, and making certain findings
pursuant to the Community Redevelopment Law of the State of California.
Consultant Agreement Amendment - SHN Consulting Engineers & Geologists, Inc.
(B-050-100 & P-050-600-200)
It is the recommendation of the Assistant City Manager that the City Council approve the
amendment to the agreement with SHN Consulting Engineers & Geologists, Inc. in the
amount of$II,800 to provide design work related to the Storm Water Pollution Prevention
" and filter basin requirements for the Sports Complex water quality issues to be submitted
with final permits.
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Monthly Financial Report - Electric Utility
(B-130-070)
It is the recommendation of the Electric Utility Director that the City Council approve the
Electric Utility'~ Monthly Financial Report for April 2002. Retail power sales revenue is
5.6%, or $3,519,366 below projections and wholesale power sales through April are 13.2%
or $4,744,871 below projections. Operating revenue after energy costs is $28,816,467 or
18.2% ($6,417,693) below projections. The total cost of electricity through April 2002 is
$1,228,443 or 1.9% below projections. The Utility's earnings before interest, depreciation,
and amortization is $15,776,567. The current outstanding balance for the Debt Reduction
Program is $61.2 million. .
Grant Application - Partnership with Gateway School District
(P-150-150)
It is the recommendation of the Chief of Police that the City Council authorize a partnership
with the Gateway Unified School District to obtain grant funding in the amount of$85,289
annually for three years to provide one new Police Officer position for the Safe School-
Healthy Student Program for at-risk youth at Live Oak School.
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Contractural Agreement - Shasta County Department of Social Services
(P-150-150)
It is the recommendation of the Chief of Police that the City Council approve the contractural
agreement between the Redding Police Department and the Shasta County Department of
Social Services to provide one Police Investigator in the amount of$173,137 to work with
the Adult Protective Services Division for two years to investigate senior and child abuse
cases for fiscal years 2002-03 and 2003-04, effective July 1, 2002.
Monthly Financial Report - General Fund
(B-130-070)
It is the recommendation ofthe Administrative Services Director that the City Council accept
the General Fund's Monthly Financial Report for April 2002. Total revenue to date is $38.9
million or $1,798,834 (4.8%) above staff's cash flow projection. Expenditures to date,
excluding encumbrances, total $40,167,504 or$4,011,732 (9.1 %) below staffs original cash
flow projection. Encumbrances total $1,771,670.
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Amendments to Agreement - CH2M Hill (C-3624)
(W-020-610)
It is the recommendation of the Development Services Director that the City Council approve
amendments to the Agreement (C-3624) with CH2M Hill in the amount of $335,350 to
provide an increased level of inspection for the Phase I Westside Sewer Interceptor Project
resulting from the method of construction, 1..mexpected conditions, and additional items
requested by the City.
Resolution - Summarily Vacating Public Service Easement at Hilltop and River Bend Drives
(A-01O-040)
It is the recommendation ofthe Development Services Director that Resolution No. 2002-84
be adopted, a resolution ofthe City Council of the City of Redding summarily vacating that
portion of the public service easement dedicated on the Map of River Heights PD-1-90,
recorded in Book 20 of Maps at Page 71, Shasta County Records, lying within Parcel "C"
as shown on the amending map for River Heights PD-I-90, recorded in Book 20 of Maps at
Page 75, Shasta County Records (A-9-01). The public services easement has been
superseded by relocation and there are no other public facilities located therein.
Notice of Completion - Bid Schedule No. 3503, Hilltop Drive Realignment
(B-050-020 & S-070-100)
It is the recommendation of the Development Services Director that Bid Schedule No. 3503
(Job No. 2154), Hilltop Drive Realignment, awarded to Tullis & Heller, be accepted as
satisfactorily completed, and the city Clerk be authorized to file a Notice of completion. The
final contract amount is $190,369.07.
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Notice of Completion - Bid Schedule No. 3459, Enterprise Wells Nos. 12 and 13 Pump
Stations
(B-050-020 & W-030-750)
It is the recommendation of the Development Services Director that Bid Schedule No. 3459
(Job No. 2129), Enterprise Wells Nos. 12 arid 13 Pump Stations, awarded to MDS
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Construction, Inc., be accepted as satisfactorily completed, and the City Clerk be authorized
to file a Notice of Completion. The final contract amount is $577,723.45.
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Proiect Report - Caltrans Downtown Circulation Improvement on State Highway 273
(T -080-500)
It is the recommendation of the Development Services Director that the City Council accept
the project concept developed by Caltrans for circulation improvements north of the
Downtown Mall including: 1) leave existing street patterns in place; 2) widen Market Street
from Trinity Street to Eureka Way; 3) widen Eureka Way from California Street to Market
Street; 4) modify traffic signals and striping on Tehama Street from California Street to
Market Street to construct a counterflow lane; and 5) modify striping and provide curb
rounding at Pine Street and Shasta Street for lane standardization and turn-radii
improvements; and authorize the City Engineer to sign the project report prepared by
Caltrans dated December 19, 2001.
Council Member Cibula advised he will abstain from voting on this issue due to family
financial interests in the area.
The Vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members - McGeorge, PoWmeyer, Stegall, and Kight
Council Members - None
Council Members - None
Council Members - Cibula
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Agreement - Caltrans Canyon Road/Highway 273 improvements
(S-070-100 & S-050-100)
It is the recommendation of the Development Services Director that the City Council approve
the agreement with Caltrans for street improvements on Canyon Road/Highway 273 in the
amount of $50,000 and authorize the Mayor to execute the agreement. This agreement is
contingent upon a future agreement between the City and the Redding Rancheria for the
street improvements. The City will encumber funds in the amount of$50,000 from Caltrans
to fund the improvements. Redding Rancheria will complete the work and be reimbursed
from the funds held by the City. Caltrans will also allocate $5,000 of Minor B Program
funds to reimburse the City for administrative costs.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Stegall,
that all the foregoing items on the Consent Calendar be approved and adopted as
recommended, with the exception of the item approved by separate vote as indicated above.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight
Council Members - None
Council Members - None
Council Members - None
Ordinance No. 2294 and Resolution No. 2002-84 are on file in the Office of the City Clerk.
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PUBLIC HEARING
RESOLUTION - Ordering annexation, confirming the diagram, and ordering levy and
collection of annual assessments for Landscape Maintenance District "A" for fiscal year
2002-03
(A-170-075-050)
The hour of 7:00 p.m. having arrived, Mayor Kight opened the public hearing regarding
assessments for Landscape Maintenance District "A."
. The following document is on file in the office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no written protests were received.
Support Services Director Kersten provided an overview ofthe Report to City Council dated
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May 23" 2002, regarding Landscapl,f Maintenance District "A" (District) stating that Units 1
an~ 2 of the La Rinconada Subdivision Will be annexed into Area 9 of the District. He
reported that the proposed assessment for fiscal year 2002-2003 is $29.46 per lot, affecting
22 subdivisions consisting of 1,791 lots. Mr. Kersten stated that the assessment has
remain~d st~tus quo since fiscal year 1997-1998 primarily due to the quality of work being
performed by the landscape maintenance contractor, Taylor Made Landscaping, who has
agreed to an equal level of maintenance for next fiscal year at the s~e cost.
Support Servic~s Director Kersten recommended adoption of the resolution ordering
annexation, confirming the diagram of the Di~trict contained in tl1e Engineer's Report, and
qrdering the levy <;>fthe ann~al ~!ises_sments for fiscal year 2002-2003.
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Marj Cantrell, Redding resident, urged the City Council to consider landscaping the Benton
Drive and Quartz Hill Road area arou~d the Lake Redding golf course. Mayor Kight
explained that the golf course is owned by the McConnell Foundation.
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Mayor Kight dete~ined that no other individual wished to address this matter and closed
the puqlic hearing.
MOTION: Ma~e by Council Member McGeorge, seconded by Council Member Stegall,
adopting Resolution No. 2002-85, a resoluti<m of the City Council of the City of Redding
ordering the annexation of Units 1 and 2 of the La Rinconada Subdivision into Area 9 of
Landscape MaintenaPce District "A" (District), confirming the diagfarp. of the District
qontained in the Engineer's Report; and qrdering the levy ~nd collection of the annual
assessments, for fiscal year 2001-2002 in the amount of $29.46 per lot pursuant to the
L~dscaping and Lig~ting Act of 1972 (commencing with Section 22500 of the Streets and
Highways Code). The Vote:
A YES: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall and Kight
NOES: Coun~il Me~bers - None
ABSTAIN: C<?uncil Members - None
ABSENT: Council Members - None
Resolution No. 2002-85 is on file in the office of the City Clerk
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PUBLIC HEARING ,
RESOLUTION - Confirming the diagram and ordering levy and collection of annual
assessments for Landscape Maintenance District "B" for fiscal year 2002-03
(A-170:-075-051) .
The hour of 7:00 p.m. having arrived, Mayor Kight opened the public hearing regarding
assessments for Landscape Maintenance District "B."
The following doc.ument is on file in the office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no written protests were received.
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Support Services Diryctor Kersten provided an overview of the Report to City Council dated
May 23,2002, regarding Landscape Maintenance District "B" (District) reporting that the
proposed assessment for fiscal year 2002-2003 is $71.00 per lot, affecting 17 subdivisions
consisting of 813 lots. Mr. Kersten stated that tpe assessment has remained the same since
fi~cal year 1997 -1998 pri~aJily due to the quality of work being performed by the landscape
maintenap.ce contractor, Taylor Made Landscaping, who has agreed to an equal level of I
maintenance for next fiscal year at the same cost.
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SuP,PQrt Services Direct~r Kersten recommended adoption of the resolution confirming the
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diagram of the District contained in the, Engineer's Report, and ordering the levy and
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collection of the annual assessments for fiscal year 2002-2003.
Mayor Kight determIned that no one present wished to address this matter and closed the
public hearing.
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MOTION: Made by Council Member McGeorge, seconded by Council Member Stegall,
adopting Resolution No. 2002-86 regarding Landscape Maintenance District "B" (District),
a resolution of the City Council of the City of Redding confirming the diagram of the District
contained in the Engineer's Report and ordering the levy and collection of the annual
assessments for fiscal year 2002-2003 in the amount of $71.00 per lot pursuant to the
Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and
Highways Code). The Vote:
AYES: Council Members - Cibula, McGeorge, PoWmeyer, Stegall and Kight
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2002-86 is on file in the office of the City Clerk
PUBLIC HEARING
RESOLUTION - Ordering annexation, confirming the diagram, and ordering levy and
collection of annual assessments for Landscape Maintenance District "C" for fiscal year
2002-03
(A-170-075-052)
The hour of 7:00 p.m. having arrived, Mayor Kight opened the public hearing regarding
assessments for Landscape Maintenance District "e."
The following document is on file in the office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no written protests were received:
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Support Services Director Kersten provided an overview of the Report to City Council dated
May 23,2002, regarding Landscape Maintenance District "C" (District) stating that Churn
Creek Park Subdivision will be annexed into Area 1 of the District and that the proposed
assessment for fiscal year 2002-2003 is $7.46 per lot, affecting nine subdivisions consisting
of 467 lots. Mr. Kersten stated that the assessment has remained the same since fiscal year
1997 -1998 primarily due to the quality of work being performed by the landscape
maintenance contractor, Taylor Made Landscaping, who has agreed to an equal level of
maintenance for next fiscal year at the same cost.
Support Services Director Kersten recommended adoption of the resolution ordering
annexation, confirming the diagram of the District contained in the Engineer's Report, and
ordering levy and collection of assessments for fiscal year 2002-2003 in the District.
Mayor Kight determined there was no one present wishing to address this matter and closed
the public hearing.
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MOTION: Made by Council Member McGeorge, seconded by Council Member Stegall,
Pohlmeyer, adopting Resolution No. 2002-87 regarding Landscape Maintenance District "C"
(District), a resolution of the City Council ofthe City of Redding ordering annexation of the
Churn Creek Park Subdivision into Area 1 of the District, confirming the diagram of the
District contained in the Engineer's Report, and ordering the levy and collection of annual
assessments for fiscal year 2002-2003 in the amount of $7.46 per lot pursuant to the
Landscaping and Lighting Act of 1972 (commencing with Section 22500 of the Streets and
Highways Code). The Vote:
A YES: Council Members: Cibula, McGeorge, Pohlmeyer, Stegall, and Kight
NOES: Council Members: None
ABSTAIN: Council Members: None
ABSENT: Council Members: None
Resolution No. 2002-87 is on file in the Office of the City Clerk.
UPDATE ON MAJOR PROJECTS - Sports Complex
(A-050-080 & P-050-600-200)
Assistant City Manager Perry provided an update of the Sports Complex Project reporting
that the Building Department has completed the first review of building plans and site
improvement plans and Engineering is preparing models for water pressure and fire flows
as well as designing a booster pump to serve the project. He stated that a southerly sewer
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ext~nsion h:;ts b~en abandol1ed in qrder to reduce mitigation requireI11ents, but this will
nec~ssita,te ~ns~allation of a temporary lift station and force main. He added that work
continut:s on an access from Old Oregon Trail and installation of two traffic signals.
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Mr. Perry relate;d that thy mo~t pressing issuy for the Sports Complex Project is the 404
Penn,t (for w~tl~ds encroachment) from the U.S. Army Corps of Engineers, With approval
antlcip3;ted by the end of the month.
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No action was required on this informational item.
LIBRARY GRANT APPLICATION AND AGREEMENTS I
(L-050) ,
Management Analyst II Cherpeski anl10unced that Shasta County Board of Supervisors voted
ea,rlier ~9day to take actions necessary to proceed witp. the grant application for the new
library. He s~atesl the goal is to submit t~e application to the California Department of
Library Construction~y June 12,2002.
Mr. C~eqJeski related that the Library Real Property Agreement formalizes the donation of
property for the library by the City to Sh~sta COl!nty wit~ cav~ats that in the event th,e library
isconstrlicted and later ceases to be a library, or if the library is not built, the property will
revert to th~ Cipr. The Agreement for Funding of Library Construction and Operation
formali~~s understandings and agreements made previou~ly between the City, Shasta County,
and New Library Now!. . .
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M;r. Chyrp~ski recommended tha~ the City Council approve submittal of the grant application
and authoriz,e the Mayor to sign the Library Real Property Agreement with the County of
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Shasta and the Agreement for Funding of Lib,rary ConstructioJ1 and Operation with the
COUl1ty of Shasta and New Library Now! (NLN), a non-prqfit public benefit corporation.
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Marj Cantreg, Redding resident, expresse<i support ~or a new library, but disagreed with the
site, selyct,iot;l prqcessand suggested that projects of this magnitude should have more public
,input. She intimated that ~ decision regarding library site locati<?n was made prior to public
dis9us~ion. She acknowledged the great efforts m~de by Ne\V Library Now! and Shasta
County Librarian Carolyn Chambers in accomplishing this goal.
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,Mayor Kigh~ took,ex,ception to Ms: Cantrell's ~tate!llents indicating th,at the City Council
held and att~nded numerous meetings inviting public input regarding the library, its design,
and location.
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MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Cibula,
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approvipg s~brnittal of tpe Library Construction Grant Application and authorizing the
Mayor to sign the Library Real Property Agreement and the Agreement for Funding of
Library Construction and Operation. The Vote: Unanimous Ayes
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SPoRtsc6MPLEX WETLANDS MITIGATION
(P-950i600-~00). ; .
A~sistant City Manager Perry related that it is anticipated the City will receive its 404 Permit
(for ~etlands en'croachm~nt) for the Sports Complex Project from the U.S. Army Corps of
Enginehs (Corp,s),:by the\end of the ,month. A site alternative analysis, water quality and
detentionbasin analysis, a,nd draft propo~al.to allow the City to merge its wetlands mitigation
projects for ~he Sport~ ColTIplex, the Clovt:r Creek Flpod Protection Project, and the Tarmac
Road llPderground electric line e.xtensJon by purchasing a parcel' north of Highway 44 has
been subIi1itted to the Corps. In the ev~pt the'll1erger of wetlaJ1ds mitigation projects is not I
ac,cepted, he, said the City is prepaied to purchase into the Hawes Ranch Wetlands Bank or
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acquire,property fqr restoratiQI!. Ifthe 404 Permit request is successful, the bid process will
h~gin ir Jul>,.fv1r. Perrr cal!tioned that if the wetlands mitigation alternatives are not
approved, it ;will be necessary to create alternative wetlands which will delay the project an
additional year. .
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No acti~n w~s required on this informational item.
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RESOLUTION - Adopting written findings and responses for the amendment to the Canby-
Hilltop-Cypress Redevelopment Plan; and
ORDINANCE - Approving and adopting the amendment to the Canby-Hilltop-Cypress
Redevelopment Plan, approving the environmental documentation, and making certain
findings
(R-030-050-010)
Deputy City Manager Starman provided an overview of the Report to the City Council dated
May 23, 2002, recalling that a joint public hearing was held with the Redding
Redevelopment Agency (Agency) at the regular City Council meeting of May 21,2002. At
that time, staff reported receipt of a letter from Raymond O. Johnson of Sunnyvale,
California, opposing extension of the Agency's eminent domain powers for an additional 12
years in the Canby-Hilltop-Cypress Redevelopment Project Area. A written response was
prepared by staff addressing Mr. Johnson's philosophical objections regarding eminent
domain.
Deputy City Manager Starman recommended that the City Council adopt a resolution of
written findings and responses to comments or objections received regarding the amendment
to the Redevelopment Plan for the Canby- Hilltop-Cypress Redevelopment Project Area and
that the City Council offer for first reading the ordinance adopting the amendment to the Plan
extending eminent domain powers 12 years in the Canby-Hilltop-Cypress Redevelopment
Project Area.
Dirk Trachy, Redding resident, recalled that at the City Council meeting of May 21,2002,
when this issue originally appeared before the City Council, another individual expressed
concerns that"eminent domain could be used to benefit private development. He feared that
type of situation could occur in redevelopment eminent domain.
MOTION: Made by Council Member Stegall, seconded by Council Member McGeorge,
adopting Resolution No. 2002-88, a resolution of the City Council of the City of Redding
adopting written findings and responses to written comments or objections received in
connection with consideration of the amendment to the Redevelopment Plan for the Canby-
Hilltop-Cypress Redevelopment Project Area in accordance with the provisions of Health
and Safety Code Section 33363. The Vote:
A YES: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2002-88 is on file in the Office of the City Clerk.
MOTION: Made by Council Member Stegall, seconded by Council Member McGeorge,
approving the amendment to the Canby-Hill top-Cypress Redevelopment Plan extending the
time limit by 12 years for commencing eminent domain actions in the Canby-Hilltop-Cypress
Redevelopment Project Area; making certain findings pursuant to the Community
Redevelopment Law of the State of California; and approving the en~ironmental
documentation prepared for the amendment. The Vote: Unanimous Ayes
Council Member Stegall offered Ordinance No. 2295 for first reading, an ordinance of the
City Council of the City ~fRedding approving and adopting the amendment to the Canby-
Hilltop-Cypress Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project
Area.
MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
that the full reading of Ordinance No. 2295 be waived and the City Attorney be instructed
to read the full title. The Vote: Unanimous Ayes.
ELIMINA nON OF THE ELECTRIC UTILITY RATE SURCHARGE AND POSSIBLE
FUTURE RATE ADJUSTMENTS
(E-090-100)
Electric Utility Director Feider recalled that the City Council adopted a 23% Electric Utility
Interim Rate Surcharge (Surcharge) April 1 , 1997, to reduce debt and secure the future of the
Electric Utility. Mr. Feider stated that the goal of debt reduction has been achieved ahead
of schedule, and added that City electric utility users enjoy reliable service through a well-
. maintained distribution system free of rate spikes or rolling blackouts.
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6/4/2002
126
Mr. Feider outUned opti<?ns to eliminate the Surcharge and compensate for lack of rate
increases over the last fi,,:e years as follows:
1.
,Tenninate the Surc~arge July 2002 and concurrently initiate a 2.85% rate adjustment
specifically to fund the PI3P mandate. January 2003, initiate a one-time fixed-rate
Service 9harge fo.r <:iV cus~omers to cover 15 years of no increases in the amount of
$2.00 per month per customer, equating to a 1.6% overall rate adjustment. January
200~, in~tiate a 3.8% post-of-doil1g business (CODB) increase;
TeI1l}.inate the Sll!charge July 2002. October 2002, initiate a 4.5% rate adjustment
'specWcallyforthe PBP and customer service charge. January 2004, initiate a 3.7%
COPI3 il)crease;
Terminate the Surcharge July 2002. January 2003, initiate a 4.5% rate adjustment
specifically for t~e PEW ~nd the customer service charg,e. Japuary 2004, initiate a
3.5% CqDB ~!1crease;
Jefll)inate the Su~charge July 2002 and concurrently initiate a 4.5% rate adjustment
. specifically for the P~P ~d customer service charge. January 2004, initiate a 3.5%
CODB;
Tel11)inate tl1e Surc~arge Qctober 2002. January 2003, initiate a 4.5% rate
adjustment ,specifically for the P~Pand customer service charge. . January 2004,
initiate a 3.3% COpB iIlcrease; ~d
T~rmip.ate the Sl\rch~Jge July 2002 and concurrently initiate a general base-rate
adjustment of 6.0% with no further anticipated adjustments through July 20,04.
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3.
4.
5.
6.
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Mr. F eider e~plain~d ~hat Opti~ns 1 through 6 are ba~ed o~ forecasts which may ch~ge over
time. He also pointed out ramifications of the proposed op~ions and the way in which they
would affect a typic~l monthly electric bill for a residential customer and a small business
user.
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Electric, Utility I?irec~or FFider recommended the City Council approve Option 1 as set forth
above, permfiPently designating the Electric Utility Resid,ent~al Lifeline Service program to
provide assistance tosenioFs (62 years and older) and permarieJ?tly disabled customers with
economic need, and set a public hearing for June 18, 2002, to consider rate adJustments.
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The City COun9il and,Mr. Feider acknowledged the dedication and hard work of the Electric
Utility staffover the past five years. .
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The City CoWtcil favpred elirn,inating the Surcharge and postponing rate increases in order
to provid<;: t~e community with a period of time free of rate increases an,d allowing customers
an opportunity to e~joy the summer wi~hout the Surcharge.
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CounciJ Meplbers Steg~ll ~d Po~lp1eyer preferred Option 2 or 3 and Council Member
McGeorge preferred Option 4 for implementation of future rate increases. Mayor Kight
favored Option 2. . .
I~ response !o Council Memb~r CiQula, who preferr~d Option 1 or 2, Mr. Feider explained
that staff s ratio{lale in recommending Option 1 was its ~ssociation with the PBP mandate
because the Utility has absorbed the costs since the mandate was initiated five years ago. He
recalled that staff consid~red a r(!te increase at that time, but determined the community was
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under a sufficient burden from the Sur<;harge. Be explained staff also determined that the
wh~lesale power market is mu~h lower today tl1an a few years ago and believes there is a
necessity to adjust ra~es to the market at thistime.. Option 1 was also favored because the
incremental rate increases are much smaller.
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Mr. Feider sugg~sted that consideration of a r,ate increase be scheduled in three to six months
tQ allow the E,lectric, Utility an opportunity to identify financial impacts and determine
direction once the Sl,rcharge is eliminated and provide time to review the effects of long-
ternl contracts, such as Enron, Inc.
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MQTION: Ma~e .bYj Council Melllber McGeorge, seconded by Council Member Cibula,
dIrecting staff t9 prepare- a resolution to remove the Electric Utility Surcharge, in total,
effect~ve July 2002, and prepare a resolution designating the Residential Lifeline Service as
a permanent program. The Vote: Unanimous Ayes
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MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
directing staffto schedule a public hearing in three to six months for consideration of Electric
Utility rate adjustments. The Vote: Unanimous Ayes
Council Member Pohlmeyer commended previous City Councils who implemented the
Surcharge in the face of adversity enabling Electric Utility customers to reap the current
benefits of low rates~
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RESOLUTION OF NECESSITY -To acquire property owned by William T. Cox for the
extension of Canyon Creek Road
(C-070-01O & S-070-100)
City Attorney Wingate provided an overview of the Report to Council dated May 20,2002,
incorporated herein by reference, recalling that the City of Redding Planning Commission
approved the Country Heights Subdivision on July 11, 1995, subject to Conditions of
Approval. Condition of Approval No.7 directed that the developer, Signature Northwest,
acquire necessary offsite road easements and construct street improvements extending
Canyon Creek Road. The City Council approved the Country Heights Unit 15 Tentative
Subdivision Map (S-8-94) July 21, 1995. In order to construct road improvements
extending Canyon Creek Road to provide additional ingress and egress to Country Heights
Subdivision residents, Mr. Wingate said it will be necessary to acquire private property
owned by William T. Cox in Canyon Hollow at the end of the existing Canyon Reek Road
comprising portions of Assessor Parcel Numbers 108-540-019,203-190-05,203-190-08, and
203-190-013. Mr. Wingate advised that attempts by the developer to acquire the Cox
property through negotiation have failed. Based on an appraisal, he said an offer to purchase
the necessary property in the amount of$126,300 was made on May 2,2002, and rejected
by Mr. Cox.
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Mr. Wingate pointed out that environmental review of the project was completed in July
1995, including preparation of a negative declaration for the proposed extension of Canyon
Creek Road. While Friends of Canyon Creek contend that the environmental analysis of
1995 is inadequate and substantial changes are proposed to the project which require major
revisions to the negative declaration, staff concludes it is adequate and conforms to the.
California Environmental Quality Act (CEQA) in that there are no substantial changes to the
project. Mr. Wingate added that the Department ofFish and Game considered the negative
declaration of 1995 and approved and adopted the City's environmental findings on April
17,2002, as they pertain to the project's impacts on biological resources.
Mr. Wingate explained that in order to acquire real property by eminent domain, the City
must adopt by a four-fifths vote, a Resolution of Necessity relating to each parcel including
findings required by the California Code of Civil Procedure Section 1240.030 and must
include the following: .
1. The public interest and necessity require the project;
2. The project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and
3. The property sought to be acquired is necessary for the project.
He summarized that the public interest and necessity clearly require the project, the extension
of Canyon Creek Road is depicted on the General Plan and the conditions of approval of the
tentative map require it, and the property sought to be acquired is necessary for the project
as planned.
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Mr. Wingate recommended that additional findings be made, although not required by the
California Eminent Domain Law, as follows:
1. In accordance with Government Code Section 7267 .2( a), an offer was made
to the owner (William T. Cox), and the offer fully complied with said section.
The Offer to Purchase was signed by Lynette M. Frediani, Deputy City
Attorney, mailed to Mr. Cox on May 2, 2002, and personally served on
William T. Cox on May 8, 2002. .'
2. A Negative Declaration was adopted by the City for the project, and the
Notice of Determination was filed on July 14, 1995, with no challenges.
3. The public entity has statutory authority to acquire the property by eminent
domain pursuant to the applicable law set forth in the proposed resolutions.
That law includes the California Constitution, California Eminent Domain
Law, Code of Civil Procedure Section 1230.010, et seq., and pursuant to
Government Code Sections 37350.5 and 40404, which authorize the taking
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of private property for public purposes, including establishing, laying out,
extending, and widening streets and ot~er public highways and places within
the City.
Mr. Wingattf clarified that although environmental review seems to be a point of contention
with some resid~nts regarding placing the Canyon Creek Road extension at this particular
location, it is not a legal aspect of the adoption of the Resolution of Necessity as the
env~ronmental review process is comp~ete, including the 1995 Negative Declaration, the
Environmentallmpact Report (EIR) tl)at supports the General Plan recently adopted inclusive
of the Circulation Element, and the Notice of Determination filed on April 17, 2002, by the
Department of Fish and Game which stated measures of mitigation for actual road
construction for the developer. He emphasized that the statute oflimitations for challenges
has run ol;lt on those environmental determinations and the property owner is foreclosed from
pursuing that point.
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Also incorporated into the record is the Report from City Manager Warren, dated May 30,
2002, wherein he recommended that the City Council proceed with the extension of Canyon
Creek ~oad as recommended by the Planning Commission to the access point for Country
Heights Subdivision, Unit 15 and no further. In his report he urged Signature-Northwest to
continue the walking/running path separate from the road, up through the canyon, and
eventually to PI~cer Street. He also recommended that Signature Northwest deed 17+ acres
of level land within the canyon to the City for open space purposes.
Developm~nt Services Director Hamilton provided an overview of the Report to City
Council dated May 30, 2002, incorporated herein by reference, offering additional
inf9rmation regarding the findings necessary to the Resolution of Necessity. He pointed out
that th~ Conditions of Approval for Country Heights Subdivision Unit 15 require the
developer to extend Canyon Creek Road up Canyon Hollow prior to recordation of the 97th
lot in the Subdivision i~ order to provide a seco~dary public-road access and efficient
circulation for the subdivision. He recalled that the issue of Canyon Creek Road was a major
. ,. .
issue of disc~ssion during considerations by the Planning Commission in 1995, including the
most appropriate road alignment. On August 10, 1995, the City Council took action to
approve the .chosen alignment (Route A) for Canyon Creek Road and the potential use of
eminent domain proceedings, if necessary, to aid in acquisition of appropriate rights-of-ways
pursuant to Council Policy 1703.
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Mr. Hamilton reiterated that the Department ofFish and Game recently conducted their own
environmental analysis regarding fishery, botanical, and archaeological resources, etc. and
considered the Negative Declaration conducted by the City of Redding, and approved a
Streambed Alteration Agreement for the project on April 17, 2002. Mr. Hamilton cited a
portion oftl~e D~partment ofFish and Game findings, "...that construction of the proposed
Canyon Creek Road exte~sion will not contribute to the cumulative impacts on fish passage
since all stream crossings are designed to accommodate up and down stream migration,
con~truction, of Canyon Creek Road extension will not contribute to the cumulative impacts
on stream habitat, the project has been designed to reduce impacts on pool forms and riparian
vegetation which is less than significant levels and implementation of proposed in-stream
habitat enhancements and floodplain restoration will result in a net improvement of salmon
habitat withIn the project reach..." He ob~erved t,hat the City of Redding was not involved
in that deterInination.
Mr. Hamilton provided rationale for the necessary findings as follows:
1.
The public interest and necessity required the proposed pro1ect.
Public in~erest in a comprehensive, well-planned, and efficiently functioning
circulation system is essential to the community as reflected by the General Plan's
Transportation Element with the current construction of Canyon Creek Road from
its ctirrent terminus with Buenaventura Boulevard to Placer.Street identified in the
General Plan since 197.0, ~d reaffirmed in the 1985 and 2000 General Plan updates.
The purposes of Canyon Creek Road are:
a. To provide efficient circulation for existing and planned residential
neighborhoods on the west side of Redding;
b. To provid~ circulation alternatives to relieve congestion on Placer Street and
Buenaventura Boulevard generated by planned growth;
c. To protect existing and planned residential neighborhoods from excessive
through traffic; and
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. d. To provide safe ingress and egress to existing and planned neighborhoods in
case of wildland fire or other natural calamity.
Mr. Hamilton added that at full development the road will service approximately 400 homes
in what is a very high fire hazard zone ofthe City. He noted that the Fire Marshal indicated
that Canyon Creek Road is a critical circulation improvement necessary to protect both
existing and future residents in the project area.
2.
The proposed proiect is planned or located in the manner that will be most
compatible with the greatest public good and the least private iniury.
Three alternatives were considered for the alignment of Canyon Creek Road
identified as Routes "A", "B", and "C." All three alternatives result in the need for
right-of-way across Mr. Cox's property because of the current alignment of Canyon
Creek Road. After consultation with the Department ofFish and Game and several
public hearings, Route "A" was chosen, which is an alignment that is extended
generally up the bottom of Canyon Hollow along the north side of the ravine and
away from the creek to the degree possible. A route alternative was prepared and
considered by the Planning Commission and City Council at the time of approval.
The route chosen was deemed to be the most feasible and to have the fewest potential
environmental ramifications.
Mr. Hamilton pointed out that there are other route alternatives that could be considered: 1)
a "no road" alternative which is difficult to justify given existing and planned development
needs (health and safety, circulation, etc.) as set forth .in the General Plan and would
ultimately require an amendment to the General Plan; 2) extension of Sunglow Drive to
Power Line Road immediately west of County Heights Subdivision Unit 15, diverting autos
to permanently use Sunglow and Howard Drives with the accompanying traffic impacts to
those existing neighborhoods; and 3) Power Line Road which will only satisfy the short-term
needs for a secondary public access. Although it is a component of the General Plan
Transportation Element, Power Line Road will not replace ultimate construction of at least
. a portion of Canyon Creek Road as it will not service development to the north or fully
satisfy General Plan circulation goals. Additionally, Power Line Road is a substandard
County road not designed to accommodate significant increases in traffic, and would require
acquisition of rights-of-ways from approximately 20 properties in order to widen and
straighten its current alignment. He concluded that Canyon Creek Road is a component of
the programmatic environmental mitigation measures identified to address the cumulative
impacts of growth in the City at buildout of the General Plan.
3. The property required herein is necessary for the proposed proiect.
Because of the present terminus of Canyon Creek Road, no extension can be
constructed without crossing Mr. Cox's property as previously discussed.
Mr. Hamilton emphasized that the tentative map for the Country Heights Subdivision will
expire July 22,2002, and if Canyon Creek Road is not extended at this time by the developer,
it will be necessary to extend it at some point in the future and funding, rights-of-ways, and
construction will be the responsibility of the City.
Development Services Director Hamilton recommended that the City Council make the
necessary findings to support use of eminent domain to acquire right-of-way from William
T. Cox for the next phase of Canyon Creek Road and adopt the Resolution of Necessity.
In response to Council Member Stegall, Mr. Hamilton clarified that the road is a requirement
and must be paid for and constructed by the developer. It is not a gift from the City to the
developer.
Deputy Fire Chief Becker explained that an extension of Canyon Creek Road will reduce the
amount of time it takes to respond to emergencies in the area from Fire Station Three on
Buenaventura Boulevard. He stressed the importance of secondary ingress and egress in any
area, and pointed out that the road will also provide the ability to loop utilities, especially
water mains, providing more fire suppression capabilities and better circulation.
Council Member McGeorge asked if Canyon Creek Road is planned for construction
completely through to Placer Street. Mr. Hamilton advised that the road will be extended
as development occurs and need arises.
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William T. Cox, owner of the property under consideration, urged the City Council not to
adopt the Resolution of Necessity and contended that the City is taking his land and giving
it to the developer. He stated that he approved development but not at the expense of his
property. It was his understanding that only 35 homes are slated for this unit, therefore, he
questioned the need for the road extension. He contended that while Signature Northwest
had not submitted an offer to purchase his property, an offer was submitted by the City. He
believed the City's offer, however, was based on an appraisal that did not reflect the true
value of the property because it was paid for by the developer. Mr. Cox believed the road
extension would have an adverse effect on the environment in the area and, in his opinion,
there are other viable secondary access alternatives. Finally, he asserted that Mr. Edgren had
a conflict of interes~ because he served on the General Plan Task Force for the last update to
the General Plan.
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In response to Mayor Kight, Mr. Cox reiterated that he had not received an offer directly
from the developer to purchase his property, and he had not obtained an independent
appraisal to determine the value of his property.
Council Member McGeorge asked for an opportunity to visit Mr. Cox's property via a field
trip to gain a better understanding of the area's topography. Mr. Cox agreed to a field trip
by Council Members to be arranged by staff within the next few weeks.
Council Members Stegall, Pohlmeyer, and Cibula believed that additional information was
necessary. prior to making such a serious decision and concurred that a site visit is
appropriate.
Mayor Kight explained that the City Council was working at a disadvantage, not having seen
the actual property and the topography of the area, and pointed out that a site visit will
provide Council with a better understanding of all parties' concerns.
MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
deferring action on the Resolution of Necessity to June 18,2002, City Council meeting and
directing staffto arrange a site visit to the William T. Cox property. The Vote: Unanimous
Ayes
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PUBLIC COMMENT
(C-070-01O)
Colleen Leavitt, Redding resident, expressed opposition to eminent domain proceedings on
the William T. Cox property, purporting that it promotes the profit making activities of
Signature Northwest and any actual public benefit derived will be incidental. She stated that
Signature Northwest had the right to make a profit, but not at the expense of private property
rights of Mr. Cox. In her opinion, rights-of-ways should be in place prior to construction of
homes in a development.
ADJOURNMENT
There being no further business, at the hour of9:00 p.m., Mayor Kight declared the meeting
adjourned.
APPROVED
Q~~
Mayor
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ATTEST
L~
. City Clerk .
. 6/4/2002
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