HomeMy WebLinkAboutMinutes - City Council - 2003-10-07
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
October 7,2003, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Chief of Police Moty.
The Invocation was offered by Police Chaplain Ray Faust.
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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, Independent Counsel Steven Meyers, Administrative
Services Director Bachman, Development Services Director Hamilton, Planning Manager
Keaney, Police Chief Moty, City Clerk Strohmayer, Assistant City Clerk Sherman, and
Executive Secretary Stribley.
RESOLUTION - "Breast Cancer Awareness Month," "Think Pink Day," and "National
Mammography Day"
(A-050-060-600)
Melody Christenson, President of Nor-Cal Think Pink, thanked the City Council for its
continued support and promotion of the importance of breast cancer awareness and the
"Think Pink" Campaign.
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MOTION: Made by Council Member Stegall, seconded by Council Member Kight,
adopting Resolution No. 2003-150, a resolution ofthe City Council of the City of Redding
declaring October 2003, "Breast Cancer Awareness Month," October 16,2003, as "Think
Pink Day," and October 17,2003, as "National Mammography Day." The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Kight, Mathena, Pohlmeyer, Stegall, and Cibula
Council Members - None
Council Members - None
Council Members - None
Resolution No. 2003-150 is on file in the Office of the City Clerk.
PRESENTATION - "Platinum Lung Award"
(A-050-060)
Patty Davis, Executive Director of the American Lung Association of California, Superior
Branch and on behalf of the Breath Program, presented the City with an American Lung
Association Platinum Lung Public Health Award through the California's Smoke-Free Bars,
Workplaces, and Communities Program recognizing the City of Redding's exemplary
compliance with the California smoke-free indoor air law.
On behalf of the City Council, Mayor Cibula thanked Ms. Davis for the award and the work
of the organization to protect the health ofthe community.
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PRESENT AnON - 40th Anniversary Celebration of the Whiskeytown Dam Dedication
(A-050-060)
Jim Milestone, Whiskeytown National Park Service Superintendent, presented the City
Council with copies of The 40th Anniversary of President Kennedy's Dedication of
Whiskeytown Dam booklet and the publi~ation From the White House to Whiskeytown. He
recalled the common goals shared by the City of Redding, Shasta County and the National
Park Service to promote the Whiskeytown Recreational Area dating back to 1945. He
pointed out that Redding native James K. Carr served as Under Secretary of the Interior for
the U.S. Department of the Interior during the Kennedy administration and was key in the
development of the Whiskeytown National Recreation Area.
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Mr. Milestone thanked Council Member Stegall for her thoughtful comments at the reception
cOIIlmemoniting the 40th Anniver~ary of the Whi~keytown Dam Dedication, and Vice Mayor
Pohlm~yer for his \nspiratio,-lal speech at the official cere~ony. He also thanked the Redding
Area B~s Authority (RABA) for proviqing free tnmsportation to and from the festivities held
at the Whiskeytown Dll;m.
Approval of Minutes - Regular and Special Meetings ofSeptt::m~er 16, 200~.
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Approval of Payroll and Accounts Payable Registers
(A-050-100-500) . " , : I
It is reGommended that' Accounts Payable Register No.6, check numbers 811241 tl}.rough
811772 inclusive, in the amOlmt of $9,383,275.67, Jor the period of September 16, 2003,
through September 30,2003; Wire Transfers for the period of September 15, 2003, through
September 30,2003, in the amount of$1 ,054,682.66; and Payroll Register No.7 electronic
deposit trans,action numbers 132S57 through 133264 ~nd check Q.umbers 51082,8 through
511 Q88 inclusive, in the amoup,t of $1,963,810.24, for the period of September 13, 2003,
through September 27,2003, be approved. .'
TOTAL: $12,401,768.57
Treasurer's Report - August 2003
(A-050-100-600)
Total Trea~urer's Accountability
$130,818,895.29
Total City of Redding Funds, Fupd,s Held in
Trust, a,n4 Funds of Related Entities
$193,072,620.33
Ordinance - Rezoning property at 1100 Brandon Court
(L-OI0-230) \
It is the recommendation of the Devt::Jopment Services Director that Ordinance No. 2316 be
adopted, an ordinance ofthe City Council ofthe City of Redding amending the City's Zoning
Map from "NC" Neighborho~d Co~mercial to "RM-15" Residential Multiple Family
District (RZ-6-03), for one' acre of property located at 1100 Brandon Court, by Kay A.
Williams.
Letter of Support - California Public Library Construction and Renovation Board
(G-I00-170 & L-050)
It is, the recomJTIend~tion of the City Manager that the City Council authorize a letter of
support for the City of Redding and County of Shasta library grant application to the
California Public Library Construction and RenovatioI?- Board.
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Quarterly Property Status Report
(C-070) " .
It is the recommendatiop of the Assistant City Manager that the City Council accept the
Quarterly Property Status Report as, of September 20, 2003, which includes the following:
1) Surplus City Property; 2) Leases of City Land; 3) Offers to sell Land to the City; and 4)
City-Initiated Purchases of Land.
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Request to Defer Building Related Fees - Webb B. Morrow, Jr.
(C-070 & E-050) . .
It is the recommendation of the Deputy City Manager that the City Council enforce the
original agreement with Webb B. ~orrow, Jr. and deny the request to continue deferral of
$66,190.86 for failure to constfl:lct a building at 3642 Thunderbird Drive in th,e Airport
Business Park, making the fees now due a~d payable.
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Downpayment Assistance Program and related programs - Policy Modification
(R-030-100-400) , ,
It is the recommendation of the Deputy City Manager that the City Council adopt the policy I
moqifications to the Downpayment Assistance Pro~am (DAP), the Neighborhood Focus
Area Downpayment .Assist~mce Program (DAP PJus), the Homeownership Assistance .
Program (HAP), and \ thy New Futu,r,es;Home Purchase program (New Futures) allowing
deduction of homeowner improyements, cash out, for major system repairs, repayment
choices, anq, secondary,financil1g to buyers of RedeveJopment Agency-assiste<;l owner-
occupied units within target ndghborhoods.
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Resolution - Appropriating funds for replacement of Airport MaintenaI:1ce Vehicle
(B-130-070 & A-090-100)
It is the recommendation ofthe Support Services Director that Resolution No. 2003-151 be
adopted, a resolution of the City Council of the City of Redding approving and adopting the
11 th amendment to City Budget Resolution No. 2003-103 advancing $22,000 to the Airports
Division ~ utility truck due to an unanticipated loss of a vehicle.
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Ground Lease Agreement and Permit for Commercial Activities - Redding Aero Enterprises,
Inc.
(C-070-100 & A-090-100)
It is the recommendation of the Support Services Director that the City Council approve a
Ground Lease Agreement and Permit for Commercial Activities with Redding Aero
Enterprises in the amount of$5,611.20 annually, including a 3% annual increase, for a 60
ft. by 334 ft. aircraft parking apron at Redding Municipal Airport. The term is October 1,
2003, through September 30, 2009.
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's MontWy Financial Report for August 2003. Retail power sales revenue is'
9.2%, or $1 ,215,068 above projections and wholesale power sales through August are 40.7%
or $2,805,794 below proj ections. Operating revenue after energy costs is $623,979 or 7.4%
below projections. The total cost of electricity through August 2003 is $856,092 or 7.2%
below projections. The Utility's net operating results through August is $3,647,529 or
$25,961 below plan for the period.
Award of Bid - Bid Schedule No. 3661, upgrade and remodel ofthe Redding Electric Utility
Power Control Center
(B-050-020 & E-090-090)
It is the recommendation ofthe Electric Utility Director that Bid Schedule No. 3661, upgrade
and remodel of the Redding Electric Utility Power Control Center, be awarded to Engell
Construction in the amount of $249,999.99 and authorize the City Manager to approve
construction change orders in a total amount not-to-exceed $25,000.
Consulting and Professional Services Agreement - Ronald Beyer, Architect
(C-050-275-080)
It is the recommendation of the Fire Chief that the City Council authorize the Mayor to
execute a Consulting and Professional Services Agreement with Ronald Beyer for the design
of Fire Station No.8 in an amount not-to-exceed $96,000.
Proposal to provide law enforcement services - Shasta College
(P-150-150 & E-060-625)
It is the recommendation of the Police Chief that the City Council approve submittal of a
proposal to partner with Shasta College providing law enforcement services performed by
the Redding Police Department in concert with Shasta College officers at a cost to the
College of $199,110, with the final contract to be brought before the City Council for
consideration at a later date.
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Resolution - Accepting and appropriating grant funds from the U.S. Department of Justice
for the Universal Hiring Program
(G-I00-070 & P-150-150)
It is the recommendation of the Police Chief that Resolution No. 2003-152 be adopted, a
resolution of the City Council of the City of Redding approving and adopting the 15th
amendment to City Budget Resolution No. 2003-103 accepting and appropriating $75,000
in grant funds from the U.S. Department of Justice through the Universal Hiring Program to
provide two additional full-time police officer positions.
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 August 2003. Total revenue at the end of
August is $7.5 million or $41,804 (0.6%) below staffs cash flow projeCtion. Expenditures
at month end, excluding encumbrances, total $10,213,657 or $844,439 (7.7%) below staffs
original cash flow projection. Encumbrances total $3,626,183.
Resolution - Appropriating funds for a consultant to evaluate American with Disabilities Act
(ADA) compliance
(B-130-070 & L-040-070-040)
It is the recommendation of the Administrative Services Director that Resolution No. 2003-
153 be adopted, a resolution of the City Council of the City of Redding approving and
adopting the 16th amendment to City Budget Resolution No. 2003 -103 appropriating $ 80,000
to retain a consultant to provide an evaluation of the City's compliance with the Americans
With Disabilities Act (ADA) and update the City's ADA Transition Plan.
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Notice of Completion - Bid Schedule No. 3637, Pond No. I Sludge Dredging
(B-050-020)
It is the recommendation ofthe Development Services Director that Bid Schedule No. 3637,
(Job No. 5331), Pond No.1 Sludge Dredging, awarded to Synagro West, Inc., be accepted
as satisfactorily completed and the City Clerk be authorized to file a Notice of Completion.
The final contract amount is $81,851.20.
Award of Bid - Bid Schedule No. 3675, Clear Creek Wastewater Treatment Plant Digester
Improvements
(B-050-020 & W-OI0-450)
It is the recommendation ofthe Assistant City Manager that Bid Schedule No. 3675 (Job No.
2209-70), Clear Creek Wastewater Treatment Plant Digester Improvements, be awarded to
TICO Construction in the amount of $200,000, an additional $20,000 for administration,
inspection, and outside materials testing and special inspections, and an additional $35,000
for a construction contingency fund for a total amount of$255,000.
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Resolution - Approving the Disadvantaged Business Enterprise Program Overall Goals and
Methodology
(G-I00-070-070)
It is the recommendation of the Development Services Director that Resolution No. 2003-
154 be adopted, a resolution of the City Council of the City of Redding adopting the
Disadvantaged Business Enterprise (DBE) Program and setting an overall goal for federal
fiscal year 2003-04 of 5.8% as it pertains to Federal Highway Administration Funding.
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. The Vote:
AYES: Council Members - Kight, Mathena, Pohlmeyer, Stegall, and Cibula
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Ordinance No. 2316 and Resolution Nos. 2003-150, 2003-151, 2003-152, 2003-153, and
2003-154 are on file in the Office ofthe City Clerk.
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LETTER OF RESIGNATION - Community Services Advisory Commission
(B-080-128)
Mayor Cibula recommended acceptance, with regret, of the letter of resignation submitted
by Ted Klaseen from the Community Services Advisory Commission, thanking him for his
service to the community.
MOTION: Made by Council Member Stegall, seconded by Council Member Kight,
accepting the resignation of Ted Klaseen from the Community Services Advisory
Commission. The Vote: Unanimous Ayes
LETTER OF RESIGNATION - Community Services Advisory Commission
(B-080-128)
Mayor Cibula recommended acceptance, with regret, of the letter of resignation submitted
by Leo J. Graham from the Community Services Advisory Commission, thanking him for
his service to the community.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Mathena,
accepting the resignation of Leo J. Graham from the Community Services Advisory
Commission. The Vote: Unanimous Ayes
PUBLIC HEARING - Spending Plan for Citizens Option for Public Safety (COPS) Program
funds; and
RESOLUTION - Accepting and appropriating grant funds
(G-I00-170/B-130-070/P-150-150)
The hour of7 :00 p.m. having arrived, Mayor Cibula opened the public hearing regarding the
proposed spending plan for State funds received under the Citizens Option for Public Safety
(COPS) Program.
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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 protests were received.
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Police ChiefMoty highlighted the Report to City Council dated September 26, 2003,
regarding grant funding provided through the Citizens Option for Public Safety (COPS)
program. He pointed out that this year's grant amounts to $127,660 and will be used to
provide a Network Programmer for the Integrated Public Safety System (IPSS) and will pay
a portion of the salary for a Network Technician to maintain the Police Department's main
and laptop computers.
Chief Moty recommended that the City Council approve the proposed spending plan adopt
a resolution accepting and appropriating $127,660 in State COPS funds.
Mayor Cibula determined that no one present wished to address this matter and closed the
public hearing.
MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer,
approving the proposed spending plan for the Citizen's Option for Public Safety Program
grant funding and adoptihgResolution No. 2003-155, aresolutionofthe City Council of the
City of Redding approving and adopting the 13th amendment to City Budget Resolution No.
2003-103 accepting and appropriating $127,660 in State Citizens Option for Public Safety
Program grant funds for fiscal year 2003-04. The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Kight, Mathena, Pohlmeyer, Stegall, and Cibula
Council Members - None
Council Members - None
Council Members - None
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Resolution No. 2003-155 is on file in the Office ofthe City Clerk.
PUBLIC HEARING - Proposed Use of2003 Local Law Enforcement Block Grant Funds;
and
RESOLUTION - Accepting and appropriating grant funds
(G-I00-070/B-130-070/P-150-150)
The hour of7:00 p.m. having arrived, Mayor Cibula opened the public hearing regarding the
proposed use of 2003 Local Law Enforcement Block Grant Funds.
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 protests were received.
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Police Chief Moty recalled that the City Council approved an application for block grant
funding in the amount of $75,246 under the U.S. Department of Justice Local Law
Enforcement Block Grant during its regular meeting of August 5, 2003. He explained that
this amount includes a 10% funding match from the City in the amount of $7,524. The
Federal Block Grant funding program guidelines require that these funds be used in one of
seven purpose areas with the intent of reducing crime and improving public safety, and must
augment currently budgeted funds. Chief Moty explained that this year's funding will be
used for the Integrated Public Safety System (IPSS), Police Mobile Data System, and a
portion of personnel costs for a Network Technician position. He noted that the Local Law
Enforcement Block Grant Advisory Board approved the proposed allocation of funds on
September 25, 2003.
Chief Moty recommended that the proposed spending plan for the Local Law Enforcement
Federal Block Grant funds be approved, and a resolution be adopted accepting and
appropriating the grant funds.
Mayor Cibula determined that no one present wished to address this matter and closed the
public hearing.
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MOTION: Made by Coun~il Member Pohlmeyer, seconded by Council Member Mathena,
approving the Federal Block Grant Utilization Spending Plan and adopting Resolution No.
2003-156, a resolution of the City Council ofthe City of Redding approving and adopting
the 14th amendment to City Budget Resolution No. 2003-103 accepting and appropriating
$67,730 in U.S. Department of Justice Local Law Enforcement Block Grant funds for fiscal
year 2003-04. The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Kight, Mathena, Pohlmeyer, Stegall, and Cibula
Council Members - None
Council Members - None
Council Members - None
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Resolution No. 2003-156 is on file in the Office of the City Clerk.
PUBLIC HEARING - Appeal filed by Al Naticchioni re Meek's Building Center Site
Development Permits SDP-22-03 and SDP-D-15-03
(L-010-390-700 & L-01 0-390-1 00)
The hour of7 :00 p.m. having arrived, Mayor Cibula opened the public hearing regarding the
appeal filed by Al Naticchioni of Site Development Permits SDP-22-03 and SDP-D-15-03
for Meek's Building Center (Meek's) located at 935, 943, 995, and 1045 Twin View
Boulevard.
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
City Clerk Strohmayer advised that no protests were received.
Planning Manager Keaney provided an overview of the Report to City Council dated
September 26, 2003, incorporated herein by reference, recalling that Site Development
Application SDP-D-15-03 was submitted by Meek's Building Center (Meek's) to construct
a 5,000 square-foot truss-manufacturing building and a 14,000 square-foot assembly and
warehouse building at its present business location on Twinview Boulevard. Due to the size
and nature ofthe application, Mr. Keaney explained that the Development Services Director
approved the Site Permit in July 2003 by authority provided in the City's Zoning Code. The
approval ofthe application was subsequently appealed by Al N aticchioni, the property owner
to the south and southeast ofthe Meek's site and was also appealed by Meek's with regard
to certain conditions contained in the Conditions of Approval.
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Mr. Keaney related that because Meek's subsequently submitted Site Development Permit
SDP-22-03 requesting to construct a 7,425 square-foot lumber storage building and expand
the existing outdoor storage yard at the same location, Staff determined that the Planning
Commission should consider the new permit application along with the appeals previously
submitted by the applicant and appellant at its meeting of August 26,2003. Mr. Keaney
recalled that the Planning Commission approved the new permit application SDP-22-03 and
upheld Meek's appeal and a portion of the appeal filed byMr. Naticchioni ofSDP-D-15-03
regarding certain conditions of approval which were modified accordingly. He pointed out
that Mr. N aticchioni then appealed both site development permits to the City Council based
on his assertions that modifications to the Conditions of Approval did not sufficiently
address his concerns which included alleged General Plan and Zoning Ordinance
inconsistencies, use permit violations, storm-drain and water quality concerns, and California
Environmental Quality Act (CEQA) non-compliance. Development Services Director
Hamilton added that Mr. N aticchioni is not requesting denial of the project, but contends that
the City should include with the Conditions of Approval additional requirements such as 10-
foot property setbacks and additional landscaping along the driveway adjacent to his
property.
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Mr. Keaney related that the appeal focuses on environmental issues, storm drain runoff and
land use compatibility, and demands that Meek's existing development be included in the
review process along with the new buildings. Mr. Keaney explained that staff investigated
each of Mr. Naticchioni's allegations and all were found to be unsubstantiated.
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In disputing alleged General Plan and Zoning Ordinance inconsistencies, Mr. Keaney
referenced Redding Municipal Code Section (RMC) 18.01.060A which allows building
materials storage and sales businesses in Heavy Commercial "HC" Districts, and truss
manufacturing and door and window assembly is a typical accessory use for a building
materials business. The proposed building size and setbacks conform to standards of the
"HC" District and only require a site development permit because ofthe combined area of
the proposed buildings. Mr. Keaney added that surrounding properties are also zoned "H C."
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With regard to land use compatibility issues raised by Mr. Naticchioni, Mr. Keaney
explained that the "HC" District provides that buildings must be constructed to the rear or
side property lines with no setback standard. He pointed out that this provides a visual
screen of the truss manufacturing operation and some yard activity and also provides a noise
buffer which will decrease existing levels. He related that the existing residence on Mr.
Naticchioni's property is a non-conforming use and, as such, is not considered under noise
impacts. Mr. Keaney added that Mr. Naticchioni has made known his intentions to remove
the residence and move forward, in the near future, with development of a motel and office
complex on the property. He added that the Conditions of Approval provide noise mitigation
such as specific hours of operation and, to date, there have been no noise complaints with
existing activities at Meek's.
As an in-fill development, Mr. Keaney related that this project qualifies for a Categorical
Exemption under CEQA Section 153332 and, therefore, conforms to CEQA requirements.
He indicated that environmental concerns regarding storm-drain runoff are unfounded as the
Conditions of Approval require that storm drain run-off may not exceed pre-1991 levels
without further mitigation provided by Meek's. He added that Meek's will also be required
to obtain a Storm Water Pollution Prevention Permit from the Regional Water Quality
Control Board.
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Mr. Keaney advised that Mr. Naticchioni also asked that Meek's be required to construct a
masonry wall and install landscaping as part of the Conditions of Approval. Mr. Keaney
stated, however, that while Meek's would be required to provide screening on Twin View
Road with a masonry wall and landscaping, additional landscaping at the back of the
development would be pointless because it would be impossible to maintain and would front
a proposed driveway.
As to Mr. Naticchioni's allegation that contaminants, grease, oil, arsenic, and chromium were
being discharged onto his property from Meek's in the area of the storm drain system, Mr.
Keaney countered that the City's Industrial Wastewater Division performed a field inspection
of the site and found no violations. The City also spoke with representatives from Meek's.
who related that those contaminants were not used in lumber processes.
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Mr. Keaney explained that certain CEQA and site development permit findings must be
made if the City Council determines to deny the appeal. CEQA findings requires that: 1)
CEQA findings require that the project is consistent with applicable General Plan designation
and all applicable General Plan policies and zoning designations and regulations, 2) the
proposed development occurs within City limits on a project site of no more than five acres
substantially surrounded by urban uses, 3) the project site has no value as habitat for
endangered, rare, or threatened species, 4) approval ofthe projects would not result in any
significant effects relating to traffic noise, air quality, or water quality, 5) the site can be
adequately served by all required utilities and public services. Site development permit
findings require that: 1) the proposed use will not be detrimental to the health, safety, and
general welfare of persons residing or working in the neighborhood of the proposed use, 2)
the proposed use will not be injurious or detrimental to the general welfare of the City, 3) the
proposed use is consistent with the goals and policies established by the General Plan and
the Zoning Code, and 4) the proposed use and project design are consistent with the Design
Guidelines established by resolution of the City Council in accordance with Section
18.40.050-Design Criteria.
Mr. Keaney recommended denial of the appeal by Mr. Naticchioni of the Planning
Commission's approval of Site Development Permit Applications SDP-D-15-03 and SDP-
22-03 for Meek's Lumber.
Jim Underwood, representing Mr. Naticchioni, advised that his client was seeking what he
believed to be a more balanced approach to the project. He summarized the issues presented
in Mr. N aticchioni' s appeal, asserting that Meek's is located in a Heavy-Commercial District
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"HC" and truss manufacturing is a questionable permitted use, the previous permit (UP-15-
91) <1qnditions 40 I).ot confol11} to,permit amendment~ of1996, and Meek's Lumb~r should
be, required to obtain a u~e pe~it and not two site development permits because it will be
a manufacturing f~cility of 20,000 square feet. '
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Council Member Pohlmeyer count~red that the site development permit documents indicate
a 5,000 square foot enclos~d tru,ss manufacturing building and two additional storage
buildings of 14,000 ~nd 7,000 ~quare feet. He pointed o~t that a 20,000 square foot
manufacturing building is not under discussiol)..
Mr. Underwood stated that Mr. Naticchioni's primary concern is the discharge of ~torm
water onto his property at two locations. He advised that Mr. Naticchioni provided the City
with soil sample test results from Lawrence and Associates which indicate ~'evated levels
of oil, grease, arsenic at}d c~o~iuw. contaminants. Although these contaminants are rated
non-hazardous, Mr. Underwood qontetlded th~t they are present at the storm water discharge
point which qirects Meek'sni~off 01').to his property.
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Mr. Underwood also questiol).ed the 1991 installat~on of an underground drainage system
and asserted that a permit for install~ti<?1). ofthe sys!em was never located, although City staff
reported th;1t instalJation was performed in accordan~e with standards it} place at that time.
He further alleged th~t at some point after 19?1, the swale portion ofthe discharge system
was used as a conduit to discharge water through Mr. Naticchioni's property to the Caltrans
right-of-way.
In urging the City Council to uphold the appeal, Mr. pl).derwood pointed out that Mr.
Naticchiol).i requested noise mitigation and ll;U1dscaping to shield the current residence
located on his property from exce~sive noise and provide visual aesthetic$.
PoiI).~ing to Mr. Naticchioni' s intent, to remove the residt;nce, install a driveway and develop
a two-story motel on the property, Council Member Mathena questioned the purpose for
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landscaping amenities in an area destined to become a driveway.
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Mike Ashby, representing Meek's Lumber, stated that Meek's has agreed to all the
Conditions of Approval set forth in the Site Develqpment Permits which should mitigate
most of the appellant's concerns. In add~rssing the allegations that Meek's is releasing
contaminants onto:Mr. Naticchioni's PFoperty, ~r. Ashby explained that Meek's retained
SHN ConsuJting Engineers and Geologists to further eV;1luate the t~st results provided by
Lawrence and Associates. SHN determined that the materials found in the soil are non-
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hazardous and do not exceed any govern~ent action level ,and, in most cases, naturally occur
in Shasta County soils.. He s~essed that the site developme~t applications do not represent
any new truss manufacturing activity but an expansion of existing truss manufacturing, all
of which will now be enclosed. He urged the City Council to deny the appeal and make all
necessary findings.
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Jim Wamemuende, Re~ding resident, urged the City Council to require beautification
requirements for the Meek's project.
Mayor Cibula determined that no other individual wished to address this matter and closed
the public hearing.
MOTION: ,Made by Council Member Pohl~eyer, seconded by Council Member Mathena,
making necyssary CEQA and Site Development Permit findings and denying the appeal of I
Site Developtnent Permit Applications SDP-D-15-03 and SDP-22-03. The Vote: Unanimous
Ayes.
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At the hour of 8:47 p.m., Mayor Cibu.la declared the meeting in recess.
At the hour of 9:00 p.m., Mayor Cibula reconvened the meeting.
PUBLIC HEARING - Appeal filed by William Kopper of Use Permit UP':1-03 issued to
Wal-Mart Stores, Inc. #2537, and Enviro~mental Mitigated Negative Declaration
(L-010-390)
The hour of7 :00 p.m. having arrived, Mayor Cibula opened the public hearing regarding the
appeal filed by William Kopper ofthe Planning Commission approval of Use Permit UP-1-
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03 by Wal-Mart Stores, Inc. #2537, and adoption of the Mitigated Negative Declaration
located at 1505/1515 Dana Drive.
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 additional correspondence was received from Steefel,
Levitt, and Weiss, representing Wal-Mart Stores urging denial ofthe appeal by Mr. Kopper.
City Attorney Fuller introduced Independent Counsel Steven Meyers, of Meyers, Nave,
Riback, Silver, and Wilson Law Firm, who is representing the City in this matter due to his
expertise in Standards of Review for Council's consideration of the issue. Mr. Fuller
advised the City Council that it will not be sitting in its usual capacity as a legislative body,
but as a quasi-judicial body, and he related that there are two issues to consider: 1) The
appropriateness of a Negative Declaration for the project, and 2) whether or not a
Conditional Use Permit should have been granted for the project.
I
Mr. Meyers outlined the legalities to be considered during presentation of the issues. With
regard to the California Environmental Quality Act (CEQA) issue, the City Council must
determine whether the project might have a significant effect on the environment. A
significant effect defined as a substantial adverse change or potentially substantial adverse
change in the physical conditions within the area affected by the project including such
conditions as land, water, noise, flora, fauna, etc. With regard to economic consequences,
the law states that economic or social change occasioned by a particular land use application
shall not, by itself, be considered a significant effect on the environment, although it may be
considered if it will produce a direct physical change on the environment, such as a blighting
influence on the urban environment. Effects on an individual person are not relevant, but the
effect on persons in general is relevant. Mr. Meyers advised that Council must consider if
there is substantial evidence in the record to support a conclusion and that a fair argument
can be made that there is a significant effect or may be a significant effect on the
environment. He clarified that substantial evidence is not public controversy, unsupported
opinion, conj ecture, argument, speculation, erroneous facts, but rather a determination on the
whole record and the substantial record which consists of facts, reasonable assumptions
predicated on facts, expert opinions supported by facts, or inferences from those facts. He
explained that if Council concludes, based on substantial evidence in the record, that a fair
argument can be made that a significant or potentially significant adverse effect on the
environment exists, then it should require that an Environmental Impact Report (EIR) be
prepared. If the converse is found, then Council may uphold the decision of the Planning
Commission and opinion of staff that aN egative Declaration is appropriate. He stressed that
the consideration is not whether any argument can be made, but rather if a "fair" argument
can be made based on standards of substantial evidence.
I
Mr. Meyers explained that a permitted use is a use allowed in particular land use zone as a
matter of right. He continued that a conditional use is a use that would be permitted but for
the fact that there are conditions that have to be imposed on that use in order to make it
compatible with the neighborhood. The purpose of a conditional use permit is to ensure that
conditions are imposed on a use that will make it consistent with the general welfare ofthe
community and compatible with the neighborhood to ensure that it does not have a harmful
affect on persons, property, or businesses. He pointed out that Council must consider if, in
its opinion and judging facts as presented, the use and conditions imposed on the use will in
fact be injurious to the general welfare of persons or businesses in neighborhood. He noted
that the appellant has the burden of presenting the information demonstrating that the
Planning Commission and staff were wrong in their conclusions. He added that certain
findings must be made regarding approval or denial of the appeal and dependent upon
Council's decision, the vote for findings will be a "vote of intention" with the detailed
findings returned at a later meeting.
Development Director Hamilton presented an overview of the Report to City Council dated
September 16,2003, incorporated herein by reference, explaining that Wal-Mart Stores, Inc.
(Wal-Mart) proposes to add approximately 93,000 square feet to their existing store located
at 1505/1515 Dana Drive which will include 23,000 square feet of outdoor storage space and
60,000 square feet for a new grocery facility. He recalled that the Planning Commission
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208
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adopted the Negativepeclap~ltion aIld approved Use Peffilit Application l)P-I-03, to allow
expansion at its meeting of July~, 2003. He pointed out thlit because an active use permit
on the property allowing approximately 60,000 square feet of additional retail space without
additional review cllrrently exists, Wal-Mart will only be adding an additional 32,000 square
feet ofunreviewed area. .
,
Mr. Hamilton stated that the Planning Commission, during its consideration of the matter,
determin~d that all requirernepts were properly administered. However, William Kopper
filed an appeal ~n behalf of six. R,ed~ing re~~4ents regarding the approval ofth~ Use Permit
and adoption of the Mitigated Negative Declaratiol1 requesting that an EIR be prepared
;;tlleging that t~e WaJ-M~rt expansion may cause a significant impact on t4e env~ronment
with regard to traffic, air quality, noise, and physical changes due to economic impacts
creating blight.
I
Mr. Hamilton pointed out that 63 Conditions of Approval are attached to Wal-Mart's
expansion project designed to 1TI.itig~te ~he issues oftraffjc, noise, and air quality and bring
these impacts to a le&s significant level. .
Mr. Hamiltpn advised that the appellant maintaips t~at a fair argume~t had been presented
that physical changes cau~ed by t~e econornic impact of an additional grocery store in this
area would create blight.
M;r. Hamilton advised that the appellant alleges that the expansion is contrary to the goals
of the City which ,a,re to bring in new busin,esses, !ncrease wages and eliminate duplication
of existing businesses. Mr. Hamilton adde4, however, that the City also has a goal of
expand~ng regional commercial sales opportunities, and allowing businesses to expand and
a variety of ()ther relevant policies.
Mr. Hamilton related .that the l;1ppeHant also statect that the maximulll buildtng size limit, as
defined in the Regional Commercial Desi~~tion, has b~en exceeded by the Wal-Mart
project. However, the Region~l Comtpercial Designation identifies regional uses as 100,000
to 200,000 ~quare foot individual buildings" mall sites of 500,000 to 1 million square feet, 'I
and also prQvides that actual stal\dards shall be 4eteFlllined by the Zoning .ordinance. The
City's new Zoning .ordinance sta~es the~e is no limit~tion on Regional Commercial building
size, making the project consistent with the General Plan.
.
Mr. Hamilton cOl1t,nuedthat the appel~ant asserted that th,e C~ty: 1) i~correct1y describ~d the
project in the Mitigated N egaJ~ve DyclaratioIl; 2) the, amollnt oftime was incorrectly notice~
as required by CEQA, and 3) tp.e n:otic~ was incorrect and not consistent with State Planning
Law. Mr. Hamilton countered that the City performed all requirements set forth for the
project in acc<:>rdance with Stat~ and Federal law.
Mr. Hamilton advised that Council must make required CEQA findings based on the record:
1) The City Jlas determiped that there is J!o substantial evidence th~t the project will have a
significant affect on the environme~t, and 2) tl1at the Mitigated Negative Declaration, with
supporting documentation, reflects the. independent judgment and analysis of the City. Ip
a~diti()n, the following four use permit findings are required: 1) the project and use wm not
be detrimental to the health, safety, and general welfa,re of persol1s residing or working in th,e
neighborhood, 2) th..e proposeq use will not be injt}rious or detrirne~tal to the general welfare
of the. City, 3) the propo~ed use is cOl1sistent with the goals and policies established in the
General Plan and ZOJ;1in~ Coqe, and A) the propos~d use and project design are consistent
with tl1e Oesign Criteria e~tablished by resolution ofth,.e City Council in accordance with the I
Zoning .ordinanc~. Mr. Hamilton reiter~ted that the Planning Commission made all finding
and approved the project.
I ~ i ,.
Mr.! Hamilton reco~e~ded that the City Council !J1ake findings for denial of the ~ppeal
presented by William Kopper and th.at the City Council uphold the Planning Commission'.s
adoption of the Mitigated Negative Declaration and approval of Use Permit UP-I-03, Wal-
Mart Stores. '
Mr. Hamilton explained that much of the information the City Council has and will rec.eive
may seem to be in conflict d'!le to various perspectives. For in~tance, the Super Market
Analysis presented by Wal-Mart is statistically based, whi~e the Super Market Analysis
presented by the appellant is broader in scope and predicated on a different approach. The
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209
appellant's survey also provides property surveys and other items all of which make it
difficult to make a comparison of the two. He pointed out that staff found substantial
informational errors in the analysis provided by the appellant, such as the City's population
identified at a 1999 level, and assumptions based on a service area that only included the City
of Redding, not the surrounding region.
I
William Kopper, representing the appellants, asserted there are no independent studies to
validate the studies submitted by W aI-Mart consultants or the appellants. He contended that
the Wal-Mart expansion will bring nothing of value to the community and noted that other
areas have experienced blight after Wal-Mart Super Stores were developed in their
community causing other businesses to fail. According to Mr. Kopper, Wal-Mart has the
ability to offer reduced prices to consumers based on reduced labor and benefit costs. He
alleged that the Wal-Mart expansion violates the General Plan requirement that average
wages of a worker in the community be increased. He asked that a neutral economic study
be performed in order to determine the effects of the Wal-Mart expansion and believed this
study should be performed through the EIR process.
Mr. Kopper maintained that noise levels and air quality impacts will increase with the
expansion ofWal-Mart noting that the truck wells would be within 60 feet of an existing
residential duplex property line, that the noise analysis provided by Wal-Mart was based on
inadequate equipment and traffic impacts were not adequately addressed. He further asserted
that the impact during the work week would be more substantial than the report indicates
and diesel exhaust from idling trucks will adversely impact the air quality for persons in the
residential area.
Mr. Kopper maintained that adequate numbers of grocery stores exist in the City and urged
that the appeal be upheld and that and EIR be prepared in order to fairly determine the merit
of the project.
I
In response to Mayor Cibula, Mr. Hamilton explained that staff reviewed all information
submitted by the applicant and the appellant and a determination of its validity is based on
comparisons with other like-project analyses and typical practice. He confirmed that the City
has not conducted an independent analysis of the impact to the local grocery industry.
Council Member Stegall asked if an economic study could be ordered without performing
a complex EIR. Independent Counsel Meyers responded that an economic analysis is
required under CEQA if there was a demonstrated physical effect as a result of economic
consequences of this project. However, there is nothing in the Use Permit application or
Standards that would suggest that an economic impact could be considered in determining
whether the general welfare of the public or the welfare of the neighborhood would be
adversely affected by this application. He advised that additional studies could be requested,
but it must be questioned whether those studies would be relevant to the findings that
Council is required to make under the Zoning Ordinance and CEQA. Unless it can be
demonstrated to Council's satisfaction that there is a direct and demonstrable physical
consequence to the economic impacts of the retailer and the practices of the retailer, Mr.
Meyers said it would be difficult to say that the economic analysis would have relevancy.
Vice Mayor Pohlmeyer pointed out that of the 63 Conditions of Approval for the Use
Permit, there are 22 relevant to environmental impacts.
I
William Dunning, representing Wal-Mart Stores, advised that the consultants preparing the
various reports for W aI-Mart are independent consultants who have previously worked in the
area and/or with municipalities. He related that as previously stated, the original Wal-Mart
Use Permit would allow 60,000 square feet of retail expansion without further analysis.
However, in the interest of the community, Wal-Mart did not request a permit for 32,000
square feet, but submitted the proposal in its entirely for a 92,000 square foot expansion. He
believed that with the Conditions of Approval, the project has been mitigated to provide less
than significant impact levels.
Richard Rodkin, with acoustical consultants Illingworth and Rodkin, asserted that the noise
data taken by Mr. Kopper's consultant provides the same results and supports the results of
the noise analysis prepared by Wal-Mart. He stated that through adoption of the mitigation
and monitoring measures suggested by their report and adopted through the Conditions of
Approval, the noise impacts will be less than significant. He pointed out that an acoustical
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210
analysis will be performed during the design phase of the expansion to ensure that adequate
controls willpe included in the design.
W e~ Ervin, Applied Development Economics, advised that 95% of their client base are
municipalities and they assist t~em in economic development needs. Be related that a
quanti t~ti ve analysis of the retail market in Redding was performed (without input from Wal-
mart) with particular focus on the effect of the Wal-Mart expansion into the grocery market.
The methodology included ca.lcl,llating expected sales, actual sales of existing Redding
supermarkets, then splitting the sales figures between the existipg 12 markets which provided
. an estimate of the impact ofWal-Mart on existing stores. The findings indicate that sales in
Redding are beyond household demand apd are almost twice (1.8) the a1J!.ount expected of I
a household in an average area. He noted that .Redding is a major regional retail draw and
encompasses parts of several counties. Total sales expected in a year for all grocery stores
in the area are approximately $138 million with actual documented sales from $170 million
to $232 million per year. Taking into consideration uneven impacts on stores closest to Wal-
Mart, all stores should have above average sales even after the Wal-Mart expansion. He
believed that Redding has not ~xceeded its capacity for grocery stores, pointing out that other
grocery ret3;ilers such as Safeway and WinCo have upgraded and expanded.
Peter Martin, Senior Traffic Engineer for Wilbur Smith Associates, and Ivan Hooper, Traffic
Engineer, advised that the Institute of Transportation Engineer's Trip Generation Handbook
6th Edition was used to detern1~ne trip generations fo~ the project. The Handbook contains
pooled information frqm all over the country and provides estimated trip generations for
various land uses. They also explained how the trip generation total was derived for the
proposed expanded Wal-Mart, which provided an 11 % increase in trip generations over the
present peak conditions in that area on a Saturday.
Judy Davidoff, with Steefel, Levitt, and Weiss representing the applicant, explained that the
project proposes .a limited expansion of an existing store. She reiterated that the reports were
prepared by independent experts in a thorough analysis submitted to City staff who did an
independent review and determined that there was sub~tantial evidence to support a negative
declaration which was later support~d by the Planning Commission. She urged the City I
Council to support t4e decision of the Planning Commission and deny the appeal.
Mike Ogle, truck driver for Wal-Mart Stores, stated t4at he delivers to the Redding W aI-Mart
store and other WaJ-Mart Super Stores. He noted that it takes a total of 15 minutes for a
truck to arrive, l,lnhook the trailer, hook up a new ~ailer and leave the facility. He added that
he has delivered to many Wal-Mart Super Centers and observed that chain grocery outlets
in close proximity to the Super Genters continue to compete and do quite well.
Dan Mullens, owner ~fSunset Market, Ray Prigmore, Manager of Food Max grocery outlet,
Jim WaU, Vice President of Real Estate for Save Mart Supermarkets, Debra Atlas,
representing the National Federation ofIndependent Businesses, Ray Thomas, representing
the United Food and Commercial Workers Union, Darin Ferguson, Redding resident, Robert
Belgeri, representing the Service Employees International Union, and Larry Rumery,
Redding resident, urged approval of the appeal on the basis of economic blight citing the
following: Even one store out of business represents many families withol,lt income in the
community; many stores in the area are not doing as well as the reports indicate, many small
businesses with smaller profit margins are unable to compete in the type of environment
created by Wal-Mart Stores; grocery stores anchor many small strip malls and if the grocery
store fails, the mall will eventually fail; and Wal-Mart provides unfair competition by
utilizing lower wages and fewer employee bel).efits in order to provide lower prices to
consumers. They maintained that an independent EIR would be a valuable tool and asked I
that the City keep its vision of new businesses with upscale wages.
, -
Amy Hill, Western Regional Dir~ctor of Community Relations for Wal-Mart Stores, rebutted
the comments that Wal-Mart does not pay competitive wages and benefits. She maintained
that throughout the nation, other stores successfully compete with Wal-Mart Stores.
Mayor Cibula determined that no other individual wished to address this matter and closed
the public hearing.
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211
In response to Council Member Stegall, Mr. Meyers explained that the environmental impact
report process entails hiring a consultant to prepare an initial draft environmental impact
report which would then be reviewed by City staff, published and circulated for comment.
Based on any comments received, changes may be made to the document and a final draft
EIR is prepared and adopted. He added that the time line varies from three to nine months
and the cost varies from $30,000 to $100,000 depending upon the complexity of the project.
I
Council Member Stegall expressed concern that none of the documentation or testimony
presented can convincingly predict the impact a Wal-Mart Super Store will have on other
grocery stores and she believed additional studies should be done before such a decision can
be made.
Council Members Pohlmeyer, Mathena, and Kight stated that consumers deserve the right
to compare and shop for the best bargains available which a more competitive market
provides. They emphasized that private industry must be provided with equal opportunity
to expand and grow to serve the demand and pointed out that Wal-Mart already exist in the
community. They also pointed out that the 63 Conditions of Approval associated with the
Use Permit adequately address the issues raised by the appellant and others.
Mayor Cibula supported granting the appeal stating he believed requisite findings cannot be
made to support staff's recommendation.
I
MOTION: Made by Council Member Mathena, seconded by Council Member Pohlmeyer,
making necessary CEQA and Use Permit findings to deny the appeal filed by William
Kopper, upholding the decision of the Planning Commission to adopt the environmental
Mitigated Negative Declaration and Mitigation Monitoring Program, approving Use Permit
Application UP-I-03, subject to the conditions of approval, by Wal-Mart Stores, Inc. #2537,
located at 1505/1515 Dana Drive, and directing staff to prepare separate and more detailed
findings to be formalized and adopted at a future meeting. The Vote:
AYES: Council Members - Kight, Mathena, and Pohlmeyer
NOES: Council Members - Stegall and Cibula
ABSTAIN: Council Members - None
ABSENT: Council Members - None
At the hour of 11 : 17 p.m., Mayor Cibula declared the meeting in recess.
At the hour of 11 :20 p.m., Mayor Cibula reconvened the meeting.
PUBLIC HEARING
ORDINANCE - Amending Water and Wastewater Utility Rates
(W-030-400 & W-020-590)
The hour of7:00 p.m. having arrived, Mayor Cibula opened the public hearing to consider
increasing the monthly utility rates for Water and Wastewater Utilities.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
I
Assistant City Manager Perry recalled that the Underground Infrastructure Development
Impact Fee Ad Hoc Committee (Committee) recommended increases to the utility rates to
provide the Water Utility with 25% of the cost of growth-related capital projects, and fund
the first phase of water improvements for the Stillwater Industrial Park. The proposed
increase for the Wastewater Utility would fund facility needs for maintenance of an aging
system with some parts more than 100 years old, reduce inflow and infiltration of ground and
surface water into the sewer system, provide maintenance of the system, provide capital
replacement costs at treatment plants (particularly the Clear Creek Wastewater Treatment
Plant) and provide sewer improvements for the first phase of Stillwater Industrial Park. The
rates are set on a five year schedule.
Mr. Perry recommended approval of the monthly utility fee increases for the Water and
Wastewater Utilities and that the ordinance be offered for first reading by title only.
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Mayor Cibula determined that no one present wished to address this matter and closed the
public hearing.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Kight
approving recommended increases to Water and Wastewater Utility monthly rates in an
attempt to adequately fund anticipated operating and maintenance costs for the City's water
and wastewater systems. The Vote: Unanimous Ayes.
Council Member Pohlmeyer offered Ordinance No. 2317 for first reading, an ordinance of
the City Council of the City of Redding amending Redding Municipal Code (RMC) Chapter
14.16, Sewers by increasing certain charges.
I
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Kight, that
the full reading of Ordinance No. 2317 be waived, the City Attorney be instructed to read the
full title, and the City Clerk be authorized to publish a summary of the Ordinance.
The Vote: Unanimous Ayes.
UPDATE ON MAJOR PROJECTS - Sports Complex
(A-050-080 & P-050-600-200)
Assistant City Manager Perry advised that installation of sod at the Sports Complex should
be complete by November and pointed out that the parking lot curbs and sidewalks are
complete and work continues in all areas.
Council Member Kight expressed concern that the Sports Complex opening will be delayed.
Mr. Perry advised that the official turnover date to Big League Dreams will be in February
2004.
No action was required on this informational item.
LETTER TO THE OFFICE OF INSPECTOR GENERAL. U.S. DEPARTMENT OF
HEALTH & HUMAN SERVICES - Redding Medical Center
(A-050-060)
City Manager Warren advised that a group of doctors from Redding Medical Center have
requested that the City Council demonstrate its support for Redding Medical Center by
submitting a letter to the Office of Inspector General (OIG), U.S. Department of Health and
Human Services, outlining the adverse effects to the health and welfare o~ the community
should Redding Medical Center lose Medicare reimbursement for services and be forced to
close. The draft letter emphasizes the need for two hospitals in the community and the far-
reaching economic and social consequences that the loss of jobs, adequate health care and
resources would have on the entire North State.
I
Dr. Bob Hansen, Dr. David Johnson, Roger George, Mike Hurley, and David Steward urged
the City Council to submit a letter to the OIG asking that if action is taken against Redding
Medical Center that it do so in a way that provides for continuity of hospital services to the
community.
Council Member Stegall recommended that the draft letter include the phrase "to allow for
continuity and provision of hospital services" and delete "so that Tenet Health Care can
identify another health care organization" which she believed inappropriate for the City
Council to suggest.
MOTION: Made by Council Member Stegall, seconded by Council Member Pohlmeyer, I
authorizing the Mayor to send a letter with the aforementioned modifications to Office of
Inspector General, U.S. Department of Health and Human Services concerning the Redding
Medical Center.
The Vote: Unanimous Ayes.
PUBLIC COMMENT
(W-01O-450)
Doug Ginno and Michael Michalak expressed concern regarding noxious odors emanating
from the Clear Creek Wastewater Treatment Plant for more than two years.
Assistant City Manager Perry acknowledge the odor problem at the Clear Creek Wastewater
Treatment Plant for a variety of reasons. He related that a problem with the digester at the
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213
plant should be resolved through a recently-awarded bid for its replacement, and there is also
a problem with sludge removal from the settling ponds which is currently under review. He
added that the increase in rates will remedy the third problem which is to bring the entire
plant up-to-date.
ADJOURNMENT
There being no further business, at the hour of 11 :45 p.m., Mayor Cibula declared the
meeting adjourned.
I
APPROVED
ATTEST:
c~ '~~J
I
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10/7/2003