Loading...
HomeMy WebLinkAboutMinutes - City Council - 2003-03-04 36 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue, Redding, California March 4,2003, 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Clerk Strohmayer. The Invocation was offered by Reverend Arnold Wilkes, Native American Christian Outreach. I The meeting was called to order by Mayor Cibula with the following Council Members present: Kight, Mathena, Pohlmeyer, and Stegall. Also present were City Manager Warren, Assistant City Manager Perry, Deputy City Manager Starman, City Attorney Fuller, Development Services Director Hamilton, Electric Utility Director Feider, Administrative Services Director Bachman, Support Services Director Kersten, Community Services Director Niemer, Planning Manager Keaney, Associate Planner Adams, City Clerk Strohmayer, and Executive Secretary Stribley. Approval of Minutes - Regular and Special meetings of February 18, 2003, and Special Meeting of February 20,2003 Approval of Payroll and Accounts Payable Registers (A-050-100-500) It is recommended that Accounts Payable Register No. 16, check numbers 804572 through 805042 inclusive, in the amount of $3,334,707.42, for the period of February 18, 2003, through February 28, 2003; Wire Transfers for the period of February 16,2003, through February 28,2003, in the amount of$2,325,350.70; and Payroll Register No. 17, electronic deposit transaction numbers 121270 through 121948 and check numbers 502924 through 503154 inclusive, in the amount of $1,809,143.56, for the period of February 2,2003, through February 15,2003, be approved. TOTAL: $7,469,201.68 I Treasurer's Report - January 2003 (A-050-100-600) Total Treasurer's Accountability $124,986,247.13 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $174,462,350.54 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 January 2003 be accepted. Annual Report - Downtown Redding Business Association (DRBA); and Resolution - Declaring intention to levy & collect an annual assessment for fiscal year 2003- 04 in Downtown Redding Business Improvement District and setting a public hearing for March 18,2003. (A-170-015-002) It is the recommendation of the Deputy City Manager that the City Council accept the Annual Report for the Downtown Redding Business Improvement District (District), pursuant to Redding Municipal Code Chapter 6.39, from the Downtown Redding Business Association (DRBA). The DRBA report noted that contributions were made to: Mall Parking Structure Comer Improvements ($5,150), Kool April Nites ($3,100), MarketFest night for District members ($1 ,000), sponsorship for Christmas Parade (Redding Trade Club) ($500), Viva Downtown Economic Restructuring Committee ($2,000), promotional banners, collection process for delinquent District members, survey of District members regarding how funds can promote Downtown business, and Cascade Theater Restoration Project ($5,000). I 3/4/2003 37 It is further recommended that Resolution No. 2003-28 be adopted, a resolution of the City Council of the City of Redding declaring its intention to levy and collect an annual assessment for Fiscal Year 2003-04 in the Downtown Redding Business Improvement District and setting a public hearing for March 18, 2003, regarding same. It is also recommended that the City Council waive the requirement that the DRBA reimburse the City for its administrative costs of approximately $1,750 to bill and collect the annual assessments. I Grant Application - California Department of Housing and Community Development (G-100-170) It is the recommendation of the Deputy City Manager that the City Council authorize the City Manager to submit an application in the amount of$53, 1 00 to the California Department of Housing and Community Development through the Jobs-Housing Balance Incentive Grant Program to provide partial funding of the new northeast fire station. Resolution - Authorizing destruction of certain Police Department inactive records (A-050-270 & A-050-055-750) It is the recommendation of the Chief of Police that Resolution No. 2003-29 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain records in the custody of the Redding Police Department which have been retained from two to five years, pursuant to Penal Code Section 832.5 and which are eligible for destruction with written consent of the City Attorney. I Resolution - Amending the Service Employees International Union (SEIU) Clerical, Technical, and Professional Employees' Unit Memorandum of Understanding (P-l 00-050-124) It is the recommendation of the Administrative Services Director that Resolution No. 2003- 30 be adopted, a resolution of the City Council of the City of Redding amending the Non- Exempt Employee Schedule of Classifications and Hourly Wage Rates for the Service Employees International Union-Clerical, Technical, and Professional Employees' Unit, effective March 2,2003, adding classifications of Utility Specialist I and Utility Specialist II, with salary ranges from $16.63 to $21.22 and $18.15 to $23.16, respectively. Monthly Financial Report - General Fund (B-130-070) It is the recommendation of the Administrative Services Director that the City Council accept the General Fund's Monthly Financial Report for January 2003. Total revenue at the end of January is $29.9 million or $2,439,419 (8.8%) above staffs cash flow projection. Expenditures at month end, excluding encumbrances, total $30,188,283 or $1,875,935 (5.9%) below staffs original cash flow projection. Encumbrances total $2,558,659. Liability Claims - Turtle Bay Exploration Park and Paul Gervasi (R-I00-550) It is the recommendation of the Administrative Services Director that the City Council authorize settlement of a liability claim in the amount of $60,000 to Turtle Bay Exploration Park for inadvertent utility overcharges with regard to its lease of a City facility at Caldwell Park. It is further recommended that the City Council authorize settlement of a liability claim in the amount of$45,03 7 .60 to Paul Gervasi for sewer damage to his residence located at 988 River Bend Drive. The total amount is $105,037.60. I Agreement Amendment - Dale Construction for the Aquatic Center sewer line extension and structural improvements to the change house, Bid Schedule No. 3520; and Resolution - Appropriating bond proceeds (B-050-020/B-130-070/P-050~ 700-600) It is the recommendation of the Administrative Services Director that the Agreement with Dale Construction for Bid Schedule No. 3520 (Job No. 9589), Redding Aquatic Center, be amended to include construction of a sewer line extension to Quartz Hill Road and structural improvements to the Change House in the amount of $1 0 1,180. It is further recommended that Resolution No. 2003-31 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 89th amendment to City Budget Resolution No. 2001-104 appropriating $23,010 in additional bond proceeds for the Aquatic Center for fiscal year 2002-03. 3/4/2003 38 Final Map and Subdivision Agreement - Silver Creek Subdivision Unit 6 (S-101-041). '. It is the recommendation of the Development Services Director that the City Council approve the final map for Silver Creek Subdivision, Unit 6 (S-5-97), located on the east side of Shasta View Drive north of Rancho Road, by Redding Properties III. It is also recommended that the Mayor be authorized to execute tl1e subdivision agreement and the City Clerk be instructed to file the map with the Shasta County Recorder. Notice of Completion - Bid Schedule No. 3524, Clear Creek Wastewater Treatment Plant Storage Building; and Increase Funds - Contract Administration Fund (B-050-020 & W-01O-450) It is the recommendation of the Development Services Director that Bid Schedule No. 3524 (Job No. 2159) Clear Creek Wastewater Treatment Plant Storage Building awarded to United Building Contractors be accepted as satisfactorily complete and that the City Clerk be authorized to file a Notice of Completion. Total contract price is $115,371.94. It is further recommended that the Contract Administration Fund be increased in the amount of $3,000 due to special inspections and the length of time of the project. I Agreement - Brown and Caldwell (W-OI0-450) It is the recommendation of the Development Services Director that the City Council authorize negotiation of an agreement with Brown and Caldwell for the Clear Creek Wastewater Treatment Plant to provide a plant expansion facilities plan, an alternatives study, engineering design, and construction aQd bid documents for a Digester Mixing System Design and chlorine building with safety upgrades not-to-exceed the amount of $757,669 effective March 15, 2003 to March 15, 2004, and authorize the Mayor to execute same. Resolution - Appropriating funds from the Water Utility Fund for the pump maintenance and repair account (B-130-070 & W-030-125) It is the recommendation of the Assistant City Manager that Resolution No. 2003-32 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 86th amendment to City Budget Resolution No. 2001-104 appropriating $40,000 for emergency pump maintenance for fiscal year 2002-03 for the Pump Maintenance and Repair account. I Mayor Cibula advised he will abstain from voting on this issue due to proximity to his residence. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Kight, Mathena, Pohlmeyer, and Stegall Council Members - None Council Members - Cibula Council Members - None Cooperative agreement - Caltrans to modify the Eureka/Magnolia traffic signal; and Resolution - Appropriating funds from the Construction Capital Account for same (T -080-700 & B-130-070) It is the recommendation of the Assistant City Manager that the City Council approve a cooperative agreement with the Department of Transportation (Caltrans) to install protected left-turn phasing at the Eureka Way and Magnolia Avenue intersection with the City's share of costs in the amount of $32,500. I It is further recommended that Resolution No. 2003-33 be adopted, a resolution of the City Council ofthe City of Redding approving and adopting the 87th amendment to City Budget Resolution No. 2001-104 appropriating $32,500 for the City's share of traffic signal modifications at Eureka Way and Magnolia Avenue for fiscal year 2002-03. Resolution - Appropriating funds for a new base year study for the City's waste diversion measurement; and Request for Proposal (B-130-070 & S-020-550) It is the recommendation of the Assistant City Manager that Resolution No. 2003-34 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 3/4/2003 39 85th amendment to City Budget Resolution No. 2001-104 appropriating $50,000 for a study to determine a new base year for waste diversion measurement for fiscal year 2002-03. It is further recommended that the City Council authorize circulation of Request for Proposals to prepare said study. I MOTION: Made by Council Member Stegall, seconded by Council Member Mathena, 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 - Kight, Mathena, Pohlmeyer, Stegall, and Cibula Council Members - None Council Members - None Council Members - None Resolution Nos. 2003-28, 2003-29, 2003-30, 2003-31,2003-32,2003-33, and 2003-34 are on file in the Office of the City Clerk. PUBLIC HEARING TENTATIVE SUBDIVISION MAP S-9-02 and REZONING APPLICATION RZ-I-03' TERRA VISTA SUBDIVISION (S-101-046 & L-01O-230) The hour of 7:00 p.m. having arrived, Mayor Cibula opened the public hearing regarding approval of the Tentative Subdivision Map S-9-02 and Rezoning Application RZ-I-03, for Terra Vista Subdivision (S-9-02), by Jerry Knighten. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing I City Clerk Strohmayer advised that two letters were received from Janet S. Fisk and Greg Bailey citing concerns regarding on-street parking, traffic-safety, and urging adoption of the Planning Commission's recommendation. Planning Manager Keaney provided an overview of the Report to City Council dated February 21,2003, recalling that at the Planning Commission meeting of February 11,2003, the applicant requested approval of Tentative Subdivision Map (S-9-02), Terra Vista Subdivision and Rezoning Application RZ-I-03 to rezone property located at 3939 Churn Creek Road from "RM-9" Residential Mixed Housing Type District to "RM-9-PD" Residential Mixed Housing Type District with "PD" Planned Development Overlay District, and from "RS-3.5" Residential Single-Family District to "RS-3.5-PD" Residential Single- Family District with "PD" Planned Development Overlay District in order to develop 31 single-family residences interspersed with 8 duplex residential units. Mr. Keaney explained that the Planning Commission modified the applicant's request determining not to rezone the single-family residences, and that the 8 duplex units be congregated in the existing "RM-9" zone in the western end of the subdivision rather than interspersed with single-family residences. He stated the modification was due in part to resident opposition to multi-family units in the development. I Mr. Keaney pointed out that although the City has the right-of-way for extension of Lorna Vista Drive through the project, staff recommends that Mr. Knighten not be required to complete that section of road at this time because the small project will not generate a great deal of traffic. He noted that an issue of proportionality exists in the inequity of requiring the applicant to construct such a large portion of roadway for such a small project. Therefore, staff added Condition No. 39 which requires construction of an 8-foot decomposed granite trail in the unimproved section of Lorna Vista Drive as proposed on the original map, but not reviewed by the Planning Commission. He also noted that the applicant is in the process of purchasing the right-of-way necessary to construct the southeast corner of the intersection at Churn Creek Road and Lorna Vista Drive. However, if the purchase is not successful, a potential use of eminent domain at some time in the future would exist. 3/4/2003 40 Mr. Keaney recalled that during the Planning Commission public hearing, area residents expressed concern regarding additional traffic generated by the development. However, staff determined that because residents of the new homes would have access to the newly- signalized intersection of Loma Vista Drive and Chum Creek Road, increased traffic is not significant. He indicated that while staff prefers interspersing duplexes with single-family dwellings, residents raised concerns of overall density, compatibility of the project, and strong opposition to duplexes in proximity to single-family homes was demonstrated with letters and a petition. Mr. Keaney recommended that the City Council make the necessary findings, approve the Mitigated Negative Declaration for Tentative Subdivision Map (S-9-02), Terra Vista Subdivision, and rezoning application RZ-1-03, approve rezoning the property located at 3939 Chum Creek Road from "RM-9" Residential Mixed Housing Type District to "RM-9- PD" Residential Mixed Housing Type District with "PD" Planned Development Overlay District, and from "RS-3.5" Residential Single Family District to "RS-3.5-PD" Residential Single Family District with "PD" Planned Development Overlay District to develop 31 single-family residences and 8 duplex residential units interspersed throughout the subdivision; approve staff s addition of Condition No. 39 requiring construction of an 8- foot decomposed granite trail along the Loma Vista Drive right-of-way, making findings, adopting the Mitigated Negative Declaration; and direct staff to prepare an ordinance for implementation of the rezoning. I In response to Mayor Cibula, Mr. Keaney explained that the proposed zoning would allow even greater density than is currently proposed by the applicant, but Council could reduce the amount of duplexes if desired. Council Member Mathena inquired whether tract/covenants, conditions, and restrictions (CC&Rs) would be a requirement of the s~bdivision and would the City have oversight of the process. Mr. Keaney responded that under the new Zoning Ordinance, a Planned Development Overlay does not require tract re~trictions when there are no common areas to be maintained, however, the City Council could direct that those be included. Council Member Pohlmeyer asked what future event would trigger construction of the barricaded, undeveloped portion of Loma Vista Drive. Mr. Keaney stated that the street was identified on the Circulation Element of the General Plan because there are a limited number of streets for east/west circulation. He projected that 20 to 30 years in the future, traffic congestion on Rancho Road and Hartnell Drive will trigger extension of Loma Vista Drive to provide relief. Mr. Keaney stated that funding sources would be through the Traffic Impact Fee Program or State Transportation Improvement Program. I Bruce Bingham, LeeAnn Kuhn, William Lakey, and Richard Johnson expressed opposition to the project asserting that multi-family housing in a residential area could increase crime, add traffic problems to existing streets, and possibly reduce the value of existing homes in the area. Jerry Knighten, project applicant, stated that the project is within the guidelines of the General Plan. He explained that the single-family homes in his project will be priced in excess of$180,000, which is high when compared to surrounding homes, and estimated that the duplexes will rent for approximately $1,000 per month. Vi Klaseen, Redding resident, urged approval of mixed-use for the project and reminded the City Council of the need for more housing. Mayor Cibula determined that no one else wished to address this matter and closed the public hearing. I City Manager Warren expressed support for integration of duplexes and single-family units in the proposed subdivision opining that it would allow interaction of different cultures and incomes. He explained that State mandates require communities to provide a certain number of affordable and multi-family housing and pointed out that this type of mixed-use proposal will be more commonplace in the future. He noted that in keeping with the State mandate, the City's General Plan specifies multi-family housing throughout the City. According to Mr. Warren, integrating the duplex units throughout the project would impact fewer existing single-family property owners than congregating the duplex units in one area. 3/4/2003 41 Council Members Pohlmeyer and Kight expressed concern that Condition No. 39 was not reviewed by the Planning Commission and the cost of maintenance would be the responsibility of the City. They observed that it did not link to other streets and appeared to serve no useful purpose and may create an attractive nuisance. They supported the project as set forth by the applicant with the elimination of Condition No. 39. Council Member Pohlmeyer suggested that staff bring back a report addressing paving streets in the community and eliminating the practice of barricading future connector streets. I Development Services Director Hamilton concurred that security is an issue with regard to Condition No. 39, but opined that the path will lend itself to a safer environment than leaving the area completely undeveloped. He clarified that the conditions of the Tentative Map require landscaping on all public rights-of-way, including the Lorna Vista undeveloped extension, and adjacent Churn Creek Road, and the proposed drainage basin. These areas will be incorporated into a landscape maintenance district to provide a funding mechanism for maintenance on a regular basis. Council Member Mathena suggested that the duplexes be intermixed on the south side of the street only. Council Member Stegall supported Condition No. 39 maintaining that construction of a landscaped trail would not be as great a safety issue as it would be if left unimproved. Mayor Cibula stated that two areas of ingress and egress are necessary in projects such as this, and traffic concerns are not sufficient to warrant denial of the project. He also concurred with the expressed concern that the Planning Commission was not provided an opportunity to review items such as Condition No. 39. I MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, making required findings and approving the Mitigated Negative Declaration and Tentative Subdivision Map S-9-02 Terra Vista Subdivision and Rezoning Application RZ-1-03 to rezone 3939 Churn Creek to "Residential-Mixed-9-Planned Development" (RM-9-PD) and "Residential Single-Family-3.5-Planned Development" (RS-3.5-PD) zoning districts allowing development of 31 single-family residential lots and eight duplex lots interspersed throughout the project; directed staff to prepare the necessary ordinance to implement the rezoning; and eliminated Condition No. 39 requiring construction of an 8-foot-wide decomposed granite trail on the unimproved section of Lorna Vista Drive. The Vote: Unanimous Ayes PUBLIC HEARING APPEAL OF SITE DEVELOPMENT PERMIT AUP-46-02 - 1094 HILLTOP DRIVE (L-O 1 0-390-1 00) The hour of7 :00 p.m. having arrived, Mayor Cibula opened the public hearing regarding the appeal of Site Development Permit AUP-46-02, 1094 Hilltop Drive, by Jason Penta and Charles Davis. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing I City Clerk Strohmayer advised that no protests were received. Development Services Director Hamilton provided an overview of the Report to City Council dated February 19,2003, recalling that since 1976, two previous use permits issued to businesses at 1094 Hilltop Drive applied conditions for approval similar to those proposed for the current use permit. He pointed out that the recent applicant began operating without obtaining a site development permit (use permit) and as part of the code enforcement effort, an inspection was performed which revealed numerous code violations. Citations were issued and the process began to bring the businesses at the location into conformance. However, the applicant and business owner, Charles Davis and Jason Penta have appealed the following conditions of approval: 1) Condition No. 7 - restriction for use of live, amplified music; 2) Condition No. 12 - demolition of the burned/unoccupied structure located on the south half of the property and debris removed; 3) Condition No. 21 -land 3/4/2003 42 dedication requirements to provide road improvements and waiver of access rights from Hilltop Drive; 4) Condition No. 22 - curb/gutter and frontage improvements; and 5) Condition No. 23 - irrigated landscape planters along street frontages and in the parking area. Mr. Hamilton recommended denial of the appeal regarding Site Development Permit AUP- 46-02, finding that the action taken by the Planning Commissiol! was appropriate and the conditions of approval were equal to those of other business in the area. In response to Council Member Kight, Mr. Hamilton explained that although businesses are operating, the use does not le~ally exist until a site development permit is obtained. However, if the conditions of the site development permit are met, it would be a conforming use. I Charles Davis, appellant and property owner, opined that property owners behind his business off Rockaway Drive should be required to provide a deceleration lane in front of their portion of the property which fronts Hilltop Drive because they have more frontage area. He purported that any dedication of his property would reduce the floor area ratio of his business and asserted that all code violations have been brought into compliance. He also asserted that the burned building on his property was not removed because the City, (in a letter) stated that the building did not have to be demolished. He added that there is a recorded easement on his property allowing access to his building off Rockaway Drive but the businesses behind him marked parking spaces in the easement. In addition to the appeal of the Conditions noted in the Report to City Council, he also appealed Condition No.4 - Fines, asserting he should not have to pay fines. ? In response, Mr. Hamilton explained that the location of the deceleration lane is restricted to the area where a future traffic signal will be installed. He added that the property owners behind Mr. Davis have provided traffic work in the area, realigning driveways on the other side of Hilltop Drive and Rock~way Drive for future traffic signalization. He pointed out that any dedications of property by business owners does not affect floor area ratios which are dependent upon parcel size prior to dedications. Mr. Hamilton suggested that Mr. Davis work with the other property owners in his area who are also required to provide improvements and possibly share costs. Mr. Hamilton noted that current need dictates frontage improvements at thi~ time and he reiterated that the conditions are the same of those required of any business in that area. I Mayor Cibula determined that no one else wished to address this matter and closed the public hearing. Mayor Cibula questioned the restriction on live music. Mr. Hamilton responded that the property has limited parking and the building, initially designed as a cabinet shop, is substandard with numerous code violation issues when proposed as a live entertainment establishment. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, denying the appeal by Charles Davis and Jason Penta and upholding the action by the Planning Commission regarding conditions of Site Development Permit AUP-46-02 (Penta), 1094 Hilltop Drive. The Vote: Unanimous Ayes At the hour of 9: 11 p.m., Mayor Cibula declared the meeting in recess. At the hour of9:I8 p.m., Mayor Cibula reconvened the meeting. REPORT ON THE GREAT V ALLEY LEADERS INSTITUTE (A-050-060) Council Member Stegall reported that last week she attended the Great Valley Leaders Institute and encouraged other members of the City Council to attend this worthwhile seminar if the opportunity arose. She stated that some of the topics discussed were leadership versus authority, working with the media, thinking ethically, and case studies of effective negotiations. I No action was required on this informational item. 3/4/2003 43 UPDATE ON MAJOR PROJECTS - Fire Stations (A-050-080 & C-050-275) Fire Chief Gunsauls reported that the westside fire station project is on indefinite hold until such time as a new financial plan can be developed. He explained that the potential buyer for Fire Stations 2 and 3 no longer wishes to purchase the buildings and although the buyer contemplated purchasing Fire Station 3 in the future, it was explained that the purchase of both buildings only would be acceptable. In the interim, Fire Stations 2 and 3 will remain in their existing locations and operate as currently staffed. I Mr. Gunsauls advised that the northeast fire station project is moving forward with a proposed budget of$I.2 million funded through a combination of General Fund and Redding Redevelopment monies. RRM Design of San Luis Obispo has been selected as the architect and will be partnering with local architect Les Melburg of Nichols, Melburg & Rossetto (NSR), and Construction Manager Baugh will be project manager. The scope of work will include development of a prototype fire station which can be used to plan future stations. He related that moving personnel from Fire Station 7 at the Redding Municipal Airport to operate and man the new northeast fire station is still anticipated, and estimated completion of the northeast fire station is November 2004. Mr. Gunsauls provided a list of possible amenities which could be included if funds are available such as a public basketball court, public meeting/training room, and police patrol office. In response to Mayor Cibula, Administrative Services Director Bachman clarified that should an opportunity arise to sell both Fire Stations 2 and 3, the plans and work done toward the northeast fire station could be replicated for a new westside fire station to reduce processing time. Fire Chief Gunsauls interjected that any work done by the architect that would be site specific to the westside fire station will be an additional expense. Council Member Mathena suggested that the permit process be expedited. No action was required on this informational item. I UPDATE ON MAJOR PROJECTS - Veterans Home at Shasta College (A-050-080 & E-050) City Manager Warren recalled that the community was successful in receiving approval from the State for a Veterans Home in Shasta County. Originally, the preferred site was 40 acres at Shasta College, but it has since been determined that the sewer facilities will not accommodate the proposed project without an upgrade estimated in the amount of at least $6 million. Mr. Warren pointed out that the facility will produce as many as 600 new jobs and may contract with local hospitals for in-patient procedures. He suggested that an alternative site could be the Mercy Oaks Campus next to Simpson College. Mr. Warren recommended that the City Council direct staff to develop the Mercy Oaks Campus near Simpson College as an alternate site for the Veterans Home. It was the consensus of the City Council to direct staff to move forward with an alternative site for the Veterans Home in Shasta County. I AGREEMENT - Shasta Plains Coordinated Conservation Plan (NCCP) (E-020) Development Services Director Hamilton related that the environmental process related to new development is difficult and lengthy. In an effort to provide an improved and streamlined system, he said that staffis developing tools used elsewhere in the State by other ~gencies known as a "Natural Communities Conservation Plans" (NCCP) and "Habitat Conservation Plans" (HCP). In order to utilize these tools, however, State law requires a planning agreement between the agencies involved which must include the following: I) establish basic planning goals; 2) identify parties involved; 3) establish the geographic scope; 4) define the natural communities and species focus; 5) establish public participation; and 6) address project funding. Mr. Hamilton advised that the draft Shasta Plains Coordinated Conservation Plan Planning Agreement has been developed and the first endeavor will be to circulate the document through public workshops and mailing to interested parties requesting input. He indicated 3/4/2003 44 that to date, the participants involved are Department ofFish and Game, the U.S. Fish and Wildlife Service, U. S. Army Corps of Engineers, Environmental Protection Agency, and the National Marine Fishery Service. He pointed out that although Shasta County is currently not part of the process, they have attended meetings regarding the Plan. Mr. Hamilton stated that the Department of Fish and Game has provided a grant in the amount of $247,000, and an additional grant of$200,000 is being sought from the Fish and Wildlife Service. The City's portion will amount to $50,000 per year for the next three years, and if the Plan is adopted, he said the City is eligible to compete for State and Federal implementation funds. I Mr. Hamilton recommended that staff be authorized to circulate the draft Shasta Plains Coordinated Conservation Plan Planning Agreement in order to plan for the protection of natural resources while streamlining the environmental process. City Manager Warren pointed out that as one of the largest developers within the community, which partners with the private sector on many projects, the City of Redding is also frustrated with having to comply with unnecessary requirements. He opined that the current process is difficult at best if not impossible and quite literally takes years to circumnavigate. He cautioned, however, that an agreement for a streamlined process may not be reached and considerable staff time will have b~en expended to no avail. Mr. Warren feared that during the negotiation process, Federal and State agencies might take advantage of the process to demand more conservation than currently required, which could limit or even prohibit development of certain areas. However, if the process is fruitful, it can save time, money, and allow development oflarge environmental preserves that are useful eco-systems while eliminating small, isolated parcels that are incapable of supporting the species it was set aside to protect. Council Member Pohlmeyer supported a cooperative process but expressed concerns regarding the amount of staff time lost and reshuffling priorities. He opined that with so many projects on the priority list, this process is particularly problematic because the outcome is uncertain. He requested assurances regarding potential outcomes prior to proceeding. Mr. Hamilton responded that the Plan, if adopted, included such assurances from all entities involved. I Council Member Pohlmeyer also requested that an agency that developed and is working with such a process be invited to proviqe input and answer questions to alleviate some of Council's concerns. Council Member Mathena suggested that the community be allowed to provide initial input before other agencies were contacteQ. Jim Nelson, Habitat Conservation Specialist for the Department ofFish and Game, concurred that other agencies with a similar experience would provide enlightenment on the process direction. He pointed out that the Planning Agreement will not only provide a process, but the outcome of the process will be agreed upon by the permit regulatory agencies prior to development of the final plan. He noted that streamlining the process will benefit not only the developer and the community, but will benefit the process for permitting agencies as well. Council Member Kight expressed concern that insufficient time has been given to absorb all the information regarding the Plan. He asked how the term "identify significant resources" is actually processed and will there be a pre-inventory of properties. Mr. Nelson responded that resources identified in the Plan exist currently within State and Federal databases and the City's GIS system. He stated that site specific studies will continue to be required of a developer because there will not be an inventory of all endangered species and wetlands within Redding. He pointed out that the current process is complicated and the same information must be reviewed by many agencies, which can take years to complete and will make this new endeavor to streamline the process well worth the effort. I Council Member Kight also questioned why the Plan area was so large, and why the City of Redding should be concerned about the areas of Battle Creek or Cottonwood. Mr. Nelson explained that although development itppacts occur within the City, mitigation might occur in Redding, Cottonwood, Stillwater, or Millville. He pointed out that the mitigation area is as important as the impact area. He cautioned that the Plan will not eliminate, change, or add any laws, but if adopted, will streamline the environmental permitting process for all concerned. 3/4/2003 45 Council Member Pohlmeyer suggested that parties interested in the Plan meet and determine a particular area to purchase and provide an eco-system once and eliminating the necessity to process small areas one-by-one. He asked for specific and measurable outcomes of the plan process that were not only achievable, but would be a one-time endeavor toward preservation of endangered species and wetlands. Mr. Nelson stated that although overly simplified, the concept is feasible to combine scattered mitigation and create a preserve for endangered species. He observed that the Plan will provide a 30- to 50-year environmental approach for development within the City. I Council Member Kight questioned if there is an estimate of savings should the City adopt the Plan. Mr. Hamilton stated that San Joaquin County has adopted a similar plan and estimated savings over $100 million through the life of their plan, however, an estimated savings for the City is premature at this time. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, deferring action for at least two weeks. The Vote: Unanimous Ayes MONTHL Y FINANCIAL REPORT - Electric Utility (B-130-070) Electric Utility Director Feider provided highlights of the Report to Council, dated February 21, 2003, advising that retail revenue is 1.0%, or $377,814 above projections, reflecting weather conditions. He pointed out that wholesale revenue through January is $3,209,622 or 23.2% below projections, due to the ongoing weakness in wholesale spot-market conditions. Year-to-date net operating results are $3,459,499 which is $2,648,306 above projections. The total cost of electricity through January was $3,162,588 or 8.8% below year-to-date projections. I Mr. Feider noted that a press release recently issued by the State regarding a claim filed on behalf of Pacific Gas and Electric and Southern Edison Electric on March 3,2003, with the Federal Energy Regulatory Commission (FERC) asserted that new information was being submitted by the State to FERC to force more refunds to the State. Mr. F eider assured the City Council and the community that Redding Electric Utility (REU) has done nothing to create or add to the energy crisis in California. He stated that the filing by the State did not provide any new information with regard to energy transactions by the City, and allegations regarding withholding energy from the market during the height of the crisis were also inaccurate. Mr. Feider explained that REU has performed prudent planning before the power crisis and invested in resources to provide sufficient power supplies for the community which occasionally resulted in surplus power. This surplus power was sold to the market to gain revenues for the community in accordance with regulations. He pointed out that during the energy crisis, the State requested an emergency agreement with the City to purchase power for the State at a time when prices were high and necessitated the City's purchase of natural gas to operate generators. The City paid for the natural gas to operate generators and sold the power to the California Independent Operator System (ISO), but the ISO has failed to pay the City as agreed. He also clarified that allegations that REU underscheduled its load to the ISO is not possible because REU does not schedule with ISO. Mr. Feider recommended approval of the Electric Utility's Monthly Financial Report. I In response to Council Member Kight, Mr. Feider stated that originally $5 million was owed REU by the State, but the amount is now $1.6 million. Because Pacific Gas & Electric (PG&E) is still in bankruptcy, Mr. Feider stated that ISO cannot pay REU until PG&E pays its bills. Litigation is an option, but other avenues of collection are still under discussion. MOTION: Made by Council Member Kight, seconded by Council Member Mathena, accepting the Electric Utility's Monthly Financial Report for January 2003. The Vote: Unanimous Ayes 3/4/2003 46 STORM WATER OUALITY IMPROVEMENT PLAN; and "NOTICE OF INTENT" FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PHASE II PERMIT APPLICATION (S-060) . Development Director Hamilton recalled that in February 2002, the City Council directed staff to develop a Storm Water Quality Improvement Plan (SWQIP) to meet requirements ofthe National Pollutant Discharge Eliminati~n System (NPDES). The requirements include submission of an annual permit fee in the amou~t of $5,000, the application and "Notice of Intent" to participate, and the draft SWQIP. He indicated that although State requirements have not been adopted, the City's SWQIP was prepared based on assumptions of possible requirements. He listed six minimum control measures to be included: 1) public education and outreach; 2) public participation and involvement; 3) illicit discharge detection and elimination; 4) construction site runoff control; 5) postconstruction runoff control; and 6) pollution prevention and good housekeeping. He pointed out that this is an unfunded Federal and State mandate. I Mr. Hamilton recommended that the City Council authorize submission of the Notice of Intent, the draft SWQIP and the permit fee. In response to Mayor Cibula, Mr. Hamilton related that some of the benefits to the environment are control of illicit discharges to the water, control of construction site runoff, and prevention of pollutants and sediment from entering the streams which affect fisheries and water quality. Charles Hanson, Redding resident, expressed support for the SWQIP and all storm water runoff programs. He urged the City to take a pro-active approach to good ~ousekeeping and monitoring practices with regard to storm water runoff and construction site runoff. Mr. Hamilton explained that inspectors are in the field daily enforcing water quality. He confirmed that a new law will require proj ect management on minimum one-acre parcels and larger. Council Member Mathena suggested that creeks and streams within the community be identified with signage as is done on the Sacramento River. I MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, authorizing submission of the Notice ofIntent, draft Storm Water Quality Improvement Plan, and permit fee to the Regional Water Quality Control Board for participation in the State General Small Municipal Separate Storm Sewer System Discharge Permit as required by the National Pollutant Discharge Elimination System under the Federal Water Pollution Control Act. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 10:53 p.m., Mayor Cibula declared the meeting adjourned. I ATTEST: \. ~~ ' Yvj City Clerk - 3/4/2003