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HomeMy WebLinkAboutMinutes - City Council - 2002-09-17 203 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue, Redding, California September 17, 2002, 7:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member McGeorge. The Invocation was offered by Associate Pastor Steve Shank, Vineyard Christian Fellowship. I The meeting was called to order by Mayor Kight with the following Council Members present: Cibula, McGeorge, Pohlmeyer, and Stegall. Also present were City Manager Warren, Assistant City Manager Perry, Deputy City Manager Starman, Interim City Attorney Tranberg, Development Services Director Hamilton, Administrative Services Director Bachman, Support Services Director Kersten, Economic Development Director Mitchell, Community Services Director Niemer, City Engineer Goodwin, Electric Group Manager Keener, Senior Planner Kent Manuel, City Clerk Strohmayer, Assistant City Clerk Sherman, and Executive Secretary Stribley. PRESENT A nON - Kool April Nites Donation (G-I001 A-050-060/P-050-700-600) Bob Creighton, President of the Kool April Nites Organization presented a check to the City of Redding for $10,000, representing proceeds of the 2002 Kool April Nites event to be used for improvements to the Redding Drag Strip, and a check for $5,000 for the Aquatic Center (Redding Plunge). He thanked the Chamber of Commerce, Police Department, and community for their support ofKool April Nites and for the opportunity to provide additional funding to important community projects and worthwhile non-profit agencies through event proceeds. I Byron Boyd and Jeff Hostetter, of the Redding Drag Strip, thanked Kool April Nites for the $10,000 donation and their support for the Redding Drag Strip, the second oldest operating drag strip in the United States. He also thanked the City for supporting teen-related events at the drag strip which provides a much-needed recreational outlet. Mayor Kight accepted the $5,000 check on behalf of the City and thanked the Kool April Nites representatives and expressed his appreciation for the generous donation to the Aquatic Center. AQUATIC CENTER (P-050-700-600) Council Member Cibula congratulated Council Member Stegall and Community Services Director Niemer on their success for securing a major swim meet at the Redding Aquatic Center to be held in 2004. Council Member Stegall acknowledged Community Services Department staff for compiling the presentation that resulted in the selection of Redding over Seattle, Washington which has the potential to generate $1 million in revenue for the City. Two smaller swim meets were also procured for 2003, and may produce approximately $500,000 in revenue. I Approval of Minutes - Regular Meeting of September 3, 2002, and Special Meeting of September 3, 2002. Approval of Payroll and Accounts Payable Registers (A-050-l00-500) It is recommended that Accounts Payable Register No.5, check numbers 304134 through 304504 inclusive, in the amount of $3,480,851.65, for the period of September 3, 2002, through September 12,2002; Wire Transfers for the period of September 1,2002, through September 13,2002, in the amount of$2,181,162.94; and Payroll Register No. 5, electronic deposit transaction numbers 113077 through 113743 and check numbers 492261 through 492524 inclusive, in the amount of $1,755,108.00, for the period of August 18, 2002, through August 31, 2002, be approved. TOTAL: $7,417,122.59 Q 9/17/2002 204 Ordinance - Amending the Redding Municipal Code Section 16.02 through 16.05 (Building Codes) and repealing Chapter 16.16 (Swimming Pool Barriers) (C-II0-200/C-II0-250/C-II0-350/C-11O-400/L-01O-500-050) It is the recommendation of the Development Services Director that Ordinance No. 2299 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 16.02 through 16.05 (Building Code Adoption), and repealing Chapter 16.16 ( Swimming Pool Barriers). Resolution - Approving Memorandum of Understanding with IBEW - Electric Unit (P-I00-050-070) It is the recommendation ofthe Administrative Services Director that Resolution No. 2002- 137 be adopted, a resolution of the City Council of the City of Redding amending the Memorandum of Understanding between the City of Redding and the International Brotherhood of Electrical Workers, Local Union 1245, Electric Department, effective September 1, 2002, for a term of 48 months, with a general wage increase of 3 % per year. I Resolution - Converting two part-time clerk positions to one full-time clerk position in the Development Services Department (B-130-070/P-l 00-320/ A-050-122) It is the recommendation of the Development Services Director that Resolution No. 2002- 138 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 63rd amendment to City Budget Resolution No. 2001-104 authorizing the conversion oftwo part-time Clerk VII/III positions to one full-time Clerk VII/III position in Development Services in the amount of$24,150. Agreement Amendment - Kennedy/Jenks (C-1728), Parallel Eastside Sewer Interceptor Project (W-020-610) It is the recommendation ofthe Development Services Director that the City Council approve the third amendment to Kennedy/Jenks Contract No. 1728 in the amount of $66,173 increasing the project budget and construction management tasks, and adding a $30,000 contingency fund, should the project construction be extended longer than anticipated. Construction Contingency Fund - Bid Schedule No. 3365 Turtle Bay Pedestrian Bridge (B-050-020 & S-070-050-500) It is the recommendation of the Development Services Director that the City Council increase the contingency fund from $240,000 to $390,000 for Bid Schedule No. 3365, Turtle Bay Pedestrian Bridge Glass and Granite (Job No. 9036) awarded to Kiewit Pacific Company. The Alliance of Redding Museums (ARM) requested the increase to reflect existing and expected change orders and in accordance with the terms of the agreement is responsible for all costs in excess of the City's original contribution of$I,565,000. I Resolution - Amending solid waste rates for the transfer station (S-020-500 & F-205-600) It is the recommendation of the Assistant City Manager that Resolution No. 2002-139 be adopted, a resolution of the City Council of the City of Redding amending the Solid Waste Utility Rate Schedule to reflect the change to Section L( 1) that the charge for bags and waste cans is limited to a maximum of three containers per customer and those with more than three bags or cans shall be charged the same rate as the Minimum to Level Load rate for a mini pickup. MOTION: Made by Council Member McGeorge, seconded by Council Member Stegall, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. ~~: I A YES: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2299 and Resolution Nos. 2002-137, 2002-138, and 2002-139 are on file in the Office of the City Clerk. <!J 9/17/2002 205 PUBLIC HEARINGS - New Zoning Ordinance, Title 18 of the Redding Municipal Code; and RESOLUTION - Adopting the Design Criteria (L-01O-500) The hour of7:00 p.m. having arrived, Mayor Kight opened the public hearing regarding the proposed adoption of Redding Municipal Code (RMC) Title 18, Zoning Ordinance, and Design Criteria. The following documents are on file in the Office of the City Clerk: I Affidavit of Publication - Notice of Public Hearing City Clerk Strohmayer advised that letters were received from Diane Prettyman regarding the noise element and from Greg Dunbar, Coordinator of the Zoning Ordinance Review Committee, and Attorney Bartley S. Fleharty objecting to proposed Section 18.10.060, City to'be Held Harmless. I City Manager Warren complimented Development Services staff, the Shasta Builders' Exchange (Builders' Exchange), the Greater Redding Chamber of Commerce (Chamber), and the development community for a finely crafted Zoning Ordinance produced through community input and many hours of dedication and effort. Senior Planner Manuel provided an overview of the proposed Zoning Ordinance and highlighted its key components. He said that with adoption of the General Plan in October 2000, it became necessary to revise the Zoning Ordinance to ensure consistency between the two documents as required by State law. However, work on the Zoning Ordinance actually began in 1999 with the formation of two committees - the Zoning Ordinance Advisory Committee and the Design Criteria Working Group. Additionally, the Chamber, the Builders' Exchange, and the Shasta County Board of Realtors formed committees to review draft documents and provide recommendations. Mr. Manuel stated that collectively, the foremost recommendation by the committees was to develop the ordinance to provide clarity and ease of use. He pointed out that most changes encompass General Plan implementation, flexibility, and Design Criteria. Development Services Director Hamilton stated that as implementation begins, staffwill be returning to the City Council periodically with modifications associated with such a comprehensive document. He pointed out that the Zoning Map will be considered at a future meeting as it entails the rezoning of33,000 parcels to reflect their current General Plan and zoning designations. Mr. Hamilton recommended adoption of the Mitigated Negative Declaration for RMC Title 18 Zoning Ordinance; repeal of the existing RMC Title 18, Zoning Ordinance and offer the new Title 18, Zoning Ordinance with replacement pages for first reading by title only; direct staff to publish a quarter page display advertisement regarding pending adoption of the ordinance; and adoption of a resolution adopting the Design Criteria in accordance with Section 18.40.050 of the new RMC Title 18 Zoning Ordinance, effective December 5, 2002. Mark Woodward, Redding Planning Commissioner, urged adoption of the new Zoning Ordinance and emphasized the numerous hours spent determining appropriateness of the many proposals suggested for the new Zoning Ordinance. He thanked the Chamber for their assistance. I Greg Dunbar, representing the Chamber Zoning Ordinance Review Committee, expressed support for the new Zoning Ordinance with the exception of Section 18.10.060, Hold Harmless. He stated that the issue was identified in December of200 1, and legal counsel for the Committee alleged that it is in conflict with the Subdivision Map Act because it does not meet the requirements and limitations of the Government Code. He asserted that most permit applicants are small businesses in the community who should not have the undue burden to hold the City harmless. He stated that the Subdivision Map Act has specific provisions regarding indemnity clause language and requested that the language within the ordinance be revised to encompass that language in order to be applicable for subdivisions as well as other permits. He asked that staff be authorized to continue to work with the Committee to refine Section 18.10.060. Acting City Attorney Tranberg responded that the City does not subscribe to the interpretation of Mr. Dunbar's counsel, explaining that the State Attorney General addressed the issue in February 2002, and concluded that pursuant to the Constitution of the State of 9/17/2002 206 California cities have the authority to enact hold harmless requirements through its "police power" granted by the constitution. Mr. Tranberg noted that in an effort to reduce exposure to litigation, the concept is growing in popularity with cities throughout California and observed that the County of Shasta instituted a hold harmless requirement several years ago which is far more restrictive than what is under consideration. Mayor Kight determined that no one else present wished to address this matter and dosed the public hearing. He thanked Planning staff and the Planning Commission for their extraordinary efforts in producing this document. In response to Council Member McGeorge, Mr. Tranberg stated that communities are adopting this type of provision in recognition of the growing trend ofproject opponents who bring litigation against a developer and/or the agency approving a project in an attempt to halt or at least make the project financially unfeasible. He explained that if the City defends an action alone, taxpayers of the community ultimately finance the defense of a project for an applicant who will eventually reap all the revenues. Mr. Tranberg conceded that many applicants will be small businesses and not wealthy developers, but they also will gain from their projects. He opined that it is not equitable to ask taxpayers to fund the defense of a project from which they will receive no benefit. I Council Member McGeorge asked for clarification regarding whether the City would assist in defense of a project. Mr. Tranberg explained that the ordinance stipulates it would be the sole responsibility of the applicant to defend a project; however, it allows the City to work with an applicant if it so chooses. City Manager Warren interjected that the new Zoning Ordinance is a significant accomplishment and should be celebrated as such. He suggested that recommendations by Planning staff should not be delayed because of one small section and proposed that the hold harmless issue be tabled until a later date. Council Members Pohlmeyer, Cibula, and Stegall expressed support for the ordinance and the Hold Harmless clause and also thanked staff, the Planning Commission, and the community volunteers for their extraordinary effort. MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer, adopting the Mitigated Negative Declaration for the update ofthe text of the City of Redding Zoning Code; repealing Redding Municipal Code Title 18, Zoning; adding a new Title 18, Zoning, effective December 5, 2002; and directing staff to meet with members of the Shasta Builders' Exchange and Greater Redding Chamber of Commerce regarding Section 18.10.060 and return to the City Council with a recommendation within 30 days. The Vote: Unanimous Ayes I Council Member Stegall offered Ordinance No. 2301 for first reading, an ordinance of the City Council of the City of Redding repealing Redding Municipal Code Title 18, Zoning and adding a new Title 18, Zoning, effective December 5, 2002, with the exception of Section 18.10.060, City to be Held Harmless, to be revisited at a later date. MOTION: Made by Council Member Stegall, seconded by Council Member Poh1meyer, that the full reading of Ordinance No. 2301 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes. . MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer, adopting Resolution No. 2002-140, a resolution of the City Council of the City of Redding adopting Design Criteria in accordance with Section 18.040.050 of the new Redding I Municipal Code Title 18 Zoning Ordinance. The Vote: A YES: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2301 and Resolution No. 2002-140 are on file in the Office of the City Clerk 9/17/2002 207 APPOINTMENTS (B-080-300) Mayor Kight recommended appointment of Mr. Bert Meyer to fill the vacancy on the Planning Commission for an unexpired term ending May 1, 2006. I MOTION: Made by Council Member McGeorge, seconded by Council Member Pohlmeyer, appointing Mr. Bert Meyer to fill the vacancy on the Planning Commission for the unexpired term ending May 1, 2006. The Vote: A YES: Council Members - McGeorge, Pohlmeyer, Stegall, and Kight NOES: Council Members - None ABSTAIN: Council Members - Cibula ABSENT: Council Members - None UPDATE ON MAJOR PROJECTS Aquatic Center (A-050-080 & P-050-700-600) Community Services Director Niemer reported that the Aquatic Center project is 85% complete with construction of decking and installation of landscaping still pending. She stated that the permit for the pool slide was delayed due to re-engineering, but the foundation for the pool slide has been poured and plasterers will be scheduled in three weeks. She also pointed out that in keeping with Council's direction to save as many trees as possible, only two were lost during construction. Ms. Niemer announced that Shasta Children and Families First Commission awarded a grant of $24,000 to fund swimming programs for 0 to 5 year olds next year and added that staff is actively pursuing avenues to gain additional financial support for the concession stand and change house projects. In response to City Manager Warren, Ms. Niemer explained that of the $200,000 contribution goal, $175,000 had been received and momentum continues for fund raising and program support. I Sports Complex (A-050-080& P-050-600-200) Assistant City Manager Perry advised that bids for the project will be opened Tuesday, September 24,2002, and the award of bid should be brought to the City Council at the first meeting in October. He added that the clearing of the property is complete. FINANCING PLAN - Veterans Recovery Project for transitional housing (G-100-080) Deputy City Manager Starman highlighted the Report to City Council dated September 6, 2002, stating that although the Veterans Recovery Project (VRP) is a relatively new, non- profit organization, its volunteers' combined years of service to veterans are many. He related that VRP submitted a Public Service category application for City funds through the Community Development Block Grant (CDBG) program and the application was ranked number one for funding. Mr. Starman pointed out that the original proposal by VRP was to rent a site for its transitional housing project. Upon further review, however, it was suggested that a site be purchased for the project; and, after deliberation, 2104 Waldon Street was selected as the potential site. Mr. Starman stated this site is appropriate because it is a designated code enforcement property, is located adjacent to commercial property and the railroad tracks, and it is consistent with the goal of VRP to provide long-term assistance to veterans. VRP has agreed to execute a 55-year affordability agreement further reducing monthly rents for all residents. I Mr. Starman explained that the VRP requests funding in the amount of$239,967 to purchase and rehabilitate the historic site at Waldon Street with $178,667 in Home Investment Partnerships Program (HOME) funds and $61,300 in CDBG funds. The project will include a major rebuild of the 2-story, 4-bedroom structure providing major structural and interior renovations. There will also be site improvements such as curb/gutter/sidewalks, driveway, covered parking, etc. Mr. Starman advised that the value of the residence will be approximately $155,000 upon completion. He noted that there will be approximately an $80,000 disparity between the value of the loan versus the home. This is primarily due to the high cost of frontage improvements required by the City. However, he pointed out that the project provides benefits such as restoration of an older historic home, reduction of blight, and transitional housing for ~omeless veterans. He also noted that the proposed repayment of the loan is 9/17/2002 208 structured as a 40-year residual receipt note but will probably not generate enough cash flow to completely repay the loan. Mr. Starman recommended approval of the financing plan by Veterans Recovery Project (VRP) to acquire and rehabilitate property located at 2104 Waldon Street to provide transitional housing for homeless veterans. Lee Craig, representing the VRP, explained that VRP volunteers are currently involved in programs throughout the community such as drug counseling, locatingjobs for veterans, and other types oftr~nsitional housing, and pointed out that VRP has support from other agencies within the community. He explained that the homeless veterans targeted for the program must have the desire and potential to become self-sufficient and have been honorably discharged from any era of service. I In response to Council Member Stegall, Mr. Craig advised the 4-bedroom house will have two beds in each ofthree bedrooms for six applicants, with the fourth bedroom to be utilized by the onsite caretaker. He believed there will be a waiting list from the first day of the operation and ideally an individual will be able to leave the program and become self- sufficient within six months. Fran Jenkins, Redding resident, urged support for the project. She opined that veterans deserve a helping hand and cited the need for this type of assistance for veterans. Chris Young, Redding realtor, expressed support for the project but did not believe the proposed site was appropriate, alleging there were other locations that would provide a better return on investment of taxpayer monies. Council Members Stegall, McGeorge, and Mayor Kight expressed support for the project even if the project does not equate financially because of the debt the nation and community owes to veterans. Mayor Kight added that there is no price tag for what veterans have done for America. MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer, approving a loan in the amount of $239,967 ($178,667 in Home Investment Partnerships Program [HOME] and $61,300 in Community Development Block Grant [CDBG] funds) for the Veterans Recovery Project (VRP) to facilitate acquisition and rehabilitation of a transitional housing facility at 2104 Waldon Street. The Vote: Unanimous Ayes. I RESOLUTION - Proclaiming the week of October 6-12,2002, as "Public Power Week" (A-050-060-600) Electric Utility Project Manager Keener recalled that the City has participated in Public Power Week since 1987 when the program was first organized by the American Public Power Association (APPA). During Public Power Week, 2,000 publicly owned utilities proclaim the benefits of locally owned and operated public utilities. He noted the City of Redding has operated its own utility for 81 years and ranks 2nd or 3rd in the State for lowest utility rates. Mr. Keener recommended adoption of the resolution proclaiming the week of October 6-12, 2002, as Public Power Week and invited all to attend an entire week of activities promoting and celebrating Public Power Week. MOTION: Made by Council Member Cibula, seconded by Council Member Stegall, adopting Resolution No. 2002-141, a resolution of the City Council of the City of Redding I proclaiming October 6-12,2002, as "Public Power" week. The Vote: AYES: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2002-141 is on file in the Office of the City Clerk. JOINT MEETING OF THE CITY COUNCIL AND REDDING JOINT POWERS FINANCING AUTHORITY At the hour of8:21 p.m., Mayor/Chair Kight convened the Special Meeting of the Redding Joint Powers Financing Authority for a joint meeting with the City Council. 9/17/2002 209 I RESOLUTION -Approving refund and reissue of the 1992 Wastewater Revenue Bonds and Wastewater Utility's portion of the 1993 Solid Waste and Corporation Yard Revenue Bonds (D-050-200-006) Administrative Services Director Bachman provided an overview of the Report to City Council dated September 9, 2002, stating that current market conditions provide an opportunity to refund and reissue the 1992 Wastewater Revenue Bonds which were used to construct the Stillwater Wastewater Treatment Plant ($22 million remaining) and the Wastewater Utility's portion of the 1993 Solid Waste and Corporation Yard Revenue Bonds ($2 million). It has been determined that a savings of approximately $220,000 per year in debt service payments and $3 million in net present value of the bonds is available if the bonds are refunded at this time. Mr. Bachman recommended adoption of a resolution approving the issuance and sale of Wastewater Refunding Revenue Bonds in an amount not-to-exceed $25 million and approving as to form the Installment Sale and Continuing Disclosure Agreements. CouncillBoard Member Cibula thanked staff for proactive diligence in review ofprocesses in order to save City funds. MOTION: Made by Council Member Cibula, seconded by Council Member McGeorge, adopting Resolution No. 2002-142, a resolution of the City Council of the City of Redding approving the form of an Amended and Restated Installment Sale Agreement and a Continuing Disclosure Agreement concerning the acquisition of certain municipal wastewater system improvements and authorizing the execution and delivery thereof; and approving the issuance by the Redding Joint Powers Financing Authority of not- to-exceed $25,000,000 aggregate principal amount of Wastewater Refunding Revenue Bonds, 2002 Series A. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Cibula, McGeorge, Pohlmeyer, Stegall, and Kight Council Members - None Council Members - None Council Members - None I Resolution No. 2002-142 is available in the Office of the City Clerk. At the hour of8:26 p.m., Chair Kight adjourned the Special Meeting of the Redding Joint Powers Financing Authority. PUBLIC COMMENT (W -030 & E-070-050) Michael Czehatowski, Redding resident, urged support for Measure A which is on the ballot for November 5, 2002, General Municipal Election. He also requested a forum focusing on the Fluoridation Feasibility Study completed by the City and clarifying the City's position on grant funding for fluoridation. City Manager Warren stated that the League of Women Voters is providing a forum to discuss pro- and anti-fluoride issues as well as costs involved. Earl Huyck, Redding resident expressed support for potable water for the City and a community based fluoridation system. I ADJOURNMENT There being no further business, at the hour of8:34 p.m., Mayor Kight declared the meeting adjourned. APPROVED MaY~ ~ ATTEST: ~~4 CitY Clerk 9/17/2002