HomeMy WebLinkAboutMinutes - City Council - 2003-12-02
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
December 2, 2003, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Mr. Atkinson.
The Invocation was offered by Police Chaplain Cyndee Thomas.
The meeting was called to order by Mayor Cibula with the following Council Members I
present: Kight, Mathena, Pohlmeyer, and Stegall.
Also present were City Manager Warren, Deputy City Manager Starman, City Attorney
Fuller, Administrative Services Director Bachman, Development Services Director
Hamilton, Planning Manager Keaney, City Clerk Strohmayer, Assistant City Clerk Sherman,
and Executive Secretary Stribley.
REORGANIZA nON OF THE CITY COUNCIL - Selection of Mayor, Vice Mayor, and
Mayor Pro Tempore
(A-050-060)
MOTION: Made by Council Member Kight, seconded by Mayor Cibula appointing Council
Member Pohlmeyer to the office of Mayor, Council Member Stegall to the office of Vice
Mayor, and Council Member Mathena to the office of Mayor Pro Tempore for one-year
terms expiring December 2004. The Vote: Unanimous Ayes.
On behalf of the City Council, Mayor Pohlmeyer presented a plaque to Council Member
Cibula in recognition of his tenure as Mayor. Mayor Emeritus Cibula thanked the City
Council Members, staff and the community for the honor to serve as Mayor and Council
Member.
Approval of Minutes - Regular and Special Meetings of November 18,2003.
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Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No.1 0, check numbers 813251 through
813625 inclusive, in the amount of $5,856,029.99, for the period of November 18, 2003,
through November 26,2003; Wire Transfers for the period of November 15,2003, through
November 30, 2003, in the amount of $196,018.69; and Payroll Register No. 11 electronic
deposit transaction numbers 135447 through 136146 and check numbers 511994 through
512255 inclusive, in thf amount of $2,009,953.98, for the period of November 9, 2003,
through November 22, ?003, be approved.
TOTAL: $8,062,002.66
Treasurer's Report - October 2003
(A-050-100-600)
Total Treasurer's Accountability
$130,539,835.99
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities
$191,846,252.76
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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 October 2003 be accepted.
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Ordinance - Amending Redding Municipal Code Chapter 9.20 (Fire Prevention) modifying
fire sprinkler requirements for certain commercial buildings
(F-210 & P-150-070)
It is the recommendation of the Fire Chief that Ordinance No. 2321 be adopted, an ordinance
of the City Council of the City of Redding amending Redding Municipal Code Section
9.20.010C to allow light hazard commercial buildings up to 11,300 square feet in size to be
constructed with a modified fire sprinkler design.
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Right-of-Way Easement - Browning Street Widening and Extension Project
(C-070-01O & R-030-100-010)
It is the recommendation of the Deputy City Manager that the City Council authorize the
Mayor to execute a Certificate of Acceptance for a right-of-way easement from the Redding
Redevelopment Agency for the Browning Street Widening and Extension Project.
. Council Member Cibula advised he will abstain from voting on this issue due to family
holdings in the area.
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The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Kight, Mathena, Stegall, and Pohlmeyer
Council Members - None
Council Members - Cibula
Council Members - None
Monthly Financial Report - Electric Utility
(B-130-070)
It is the rycommendation of the Electric Utility Director that the City Council approve the
Electric Utility's Monthly Financial Report for October 2003. Retail power sales revenue
is 5.3%, or $1.356,832 above projections and wholesale power sales through October are
19.4% or $2,311,416 below projections. Operating revenue after energy costs is $1,203,222
or 7.6% above projections. The total cost of electricity through October 2003 is $664,273
or 3.0% below plan. The Utility's net operating results through October is $6,465,344 or 2%
below plan for the period.
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Award of Bid - Bid Schedule No. 3694, Primary Splice Boxes
(B-050-100)
It is the recommendation ofthe Electric Utility Director that Bid Schedule No. 3694, Primary
Splice Boxes, be awarded to Jensen Precast Company, Inc. in the amount of $117,035 to
furnish primary splice boxes for the period of January 1, 2004, through December 31, 2004,
and authorize the Purchasing Officer to extend the bid award one year for same prices and
terms, if mutually agreeable.
Award of Bid - Bid Schedule No. 3693, Electric Utility Trench and Excavation
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid Schedule No. 3693, Electric
. Utility Trench and Excavation, be awarded to Joe Carter Construction in the amount of
$423,013.50 to provide electric utility trench and excavation work for the period of January
1, 2004, through December, 31, 2004, and authorize the Purchasing Officer to extend the bid
award one year for same prices and terms, if mutually agreeable.
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 October 2003. Total revenue at the end of
October is $14.9 million or $124,802 (0.9%) below staffs cash flow projection.
Expenditures at month end, excluding encumbrances, total $19,804,811 or $373,066 (1.9%)
below staffs original cash flow projection. Encumbrances total $2,285,106.
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Resolution - Determining deferral of the Parkview Avenue Bridge Project and selection of
the "No Bu,ild" alternative during the disclosure process of the National Environmental
Protection Agency (NEP A) phase for the Project
(S-070-050-250)
It is the recommendation of the Development Services Director that Resolution No. 2003-
183 be adopted, a resolution of the City Council of the City of Redding determining that the
Parkview Bridge Project (Project) was deferred and the "No Build" alternative was selected
during the disclosure process of the National Environmental Protection Agency (NEP A)
phase of the Project as it was determined that the Project would not significantly reduce
traffic congestion at this time; and establishing criteria for eligibility for reimbursement of
State Transportation Improvement Project (STIP) funds through Caltrans in the amount of
$60,974.03.
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Final Map and Subdivision Agreement - Silver Creek Subdivision Unit 6, Phase 2
(S-101-041)
It is the recommendation of the Development Services Director that the final map and
subdivision agreement be approved for Silver Creek Subdivision Unit 6, Phase 2 (S-5-97),
located west of Shasta View Drive and south of Western Oak Drive, by Redding Properties
III and the City Clerk be instructed to file the map with the Shasta County Recorder.
Final Map and Subdivision Agreement - The Vistas Subdivision Unit 1
(S-101-031)
It is the recommendation of the Development Services Director that the final map be
approved for The Vistas Subdivision Unit 1 (S-6-98), located east of Quartz Hill Road at the
north end of River Park Drive, by Tierra Nova Development, LLC. It is further
recommended that when all conditions of approval of the tentative map are met and all
infrastructure installed or appropriate securities provided to complete improvements, the
Mayor be authorized to execute the subdivision agreement and the City Clerk be instructed
to file the map with the Shasta County Recorder.
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Resolution - Accepting streets and improvements for Meridian Point Subdivision Unit 3
(S-1 01-043 & S-070-230)
It is the recommendation of the Development Services Director that Resolution No. 2003-
184 be adopted, a resolution of the City Council of the City of Redding accepting the streets
for maintenance and operation and improvements for Meridian Point Subdivision Unit 3 (S-
4-02), located south of Hartnell Avenue and west of Lawrence Road, by Gray & Snow
Enterprises, Inc.
City Commissions. Boards and Committees Report
(B-080)
It is the recommendation of the City Clerk that the City Council accept the lists of
appointments of all ongoing boards, commissions, and committees appointed by the City
Council, as required by California Government Code Section 54972, relative to term
expirations.
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Award of Bid - Bid Schedule No. 3699, Rock and Mineral Products
(B-050-100)
It is the recommendation ofthe Assistant City Manager that Bid Schedule No. 3699, Rock
and Mineral Products for the period of January 1, 2004 through December 31, 2004, be
awarded to following suppliers who submitted low bids to allow the purchase of rock,
asphalt, and mineral products at the best possible prices:
Company
Northstate Asphalt
Stimpel- Wiebelhaus
J.F. Shea
Bid Item Numbers
1-9,31,39-40
10-12,14,22-25,28-36
13, 15-21,26-27,41-42
MOTION: Made by Council Member Kight, seconded by Council Member Stegall, that all
the foregoing items on the Consent Calendar be approved and adopted as recommended, with
the exception of the item approved by separate vote as indicated above. The Vote:
AYES: Council Members - Ciubla, Kight, Mathena, Stegall, and Pohlmeyer
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Ordinance Nos. 2321 and Resolution Nos. 2003-183 and 2003-184 are on file in the Office
of the City Clerk.
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PUBLIC HEARING - Redding Capital Improvement Plan
(B-130-010)
The hour of 7:00 p.m. having arrived, Mayor Pohlmeyer opened the public hearing to
consider the five-year Redding Capital Improvement Plan (CIP).
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
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City Clerk Strohmayer advised that no protests were received.
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Development Services Director Hamilton explained that the Redding Capital Improvement
Plan (CIP) is a multi-year schedule for public improvements that is reviewed annually in
accordance with stat~ law to ensure consistency with the General Plan. He advised that the
purpose of theCIP is to identify long-term projects, schedule capital expenditures, serve as
an effective tool in implementing the General Plan and as a reference tool to assist future
budgeting decisions. The CIP is generated from the existing budget, the General Plan, and
individual facilities plans developed for Airports, Electric Utility, Public Safety Facilities,
Parks and Recreation, Solid Waste, Strom Drainage Utility, Streets and Roads, Wastewater
Utility, and Water Utility. He pointed out that there are 245 projects listed in the proposed
CIP with expenditures totaling $598,217,388 over 19 years, primarily focusing on fiscal
years 2003/04 through 2008/09. Because project funding is subject to the biennial budget
process, the CIP does not commit funds or approve specific projects.
Mr. Hamilton recommended adoption of the CIP for fiscal years 2003/04 to 2008/09.
Council Member Mathena expressed concern that road slurry funding is not proj ected beyond
two years and strongly urged that at least a base amount for road slurry be included in the
CIP. Mr. Hamilton explained that road improvements are budgeted specifically within the
biennial budget time frame of two years and projections beyond that would be speculative.
Council Member Stegall suggested that the disclaimer contained in the introduction section
of the CIP be strengthened by clarifying that the projects listed in the report are contingent
on budgeted funding availability and mayor may not move forward.
Council Member Kight concurred that a disclaimer would be helpful to the public, but he
believed that including base amounts for road slurry could mislead the public into thinking
those funds are committed.
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Mayor Pohlmeyer determined that no one present wished to address this matter and closed
the public hearing.
MOTION: Made by Council Member Kight, seconded by Council Member Stegall,
adopting the Redding Capital Improvement Plan (CIP) and directing staffto strengthen and
clarify the introduction disclaimer to state that project funding within the CIP is discretionary
and dependent on the budget process. The Vote:
AYES: Council Members - Cibula, Kight, Stegall, and Pohlmeyer
NOES: Council Members - Mathena
ABSTAIN: Council Members - None
ABSENT: Council Members - None
PUBLIC HEARING - General Plan Amendment Application GPA-I-03, Rezoning
Application RZ-2-03, and Planned Development Application PD-3-02
(G-03 0-0 1 O/L-O 1 0- 23 O/L-O 1 0- 211 )
The hour of 7:00 p.m. having arrived, Mayor Pohlmeyer opened the public hearing to
consider General Plan Amendment Application GP A-I-03, Rezoning Application RZ-2-03,
and Planned Development Application PD-3-02, on property located at 2080 Collyer Drive
and 11591 Twin Tower Drive, by James McDilda.
The following documents are on file in the Office of the City Clerk:
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Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised. th~t a letter was received this afternoon from Steve and Carol
Holsten opposing Planned Development Application PD-3-02 for the Promenade project
contending that an environmental impact report (EIR) should have been prepared.
Development Services Director Hamilton provided an overview of the Report to City
Council dated November 18, 2003, incorporated herein by reference, explaining that the
properties under consideration are the "Westlake pevelopment" parcel (11591 Twin Tower
Drive) to the north and the "Promenade" parcel (2080 Collyer Drive) to the south. During
development of the General Plan, Mr. Hamilton explained that to encourage a future
collaborative effort betw~en the two property owners to combine the parcels for development
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of one large proj ect, a Mixed Use Neighborhood Overlay ("MU - N") designation was applied
to both parcels. This designation would facilitate future residential development of up to
24 units per acre with 1 00,000 square feet of commercial floor space. Mr. Hamilton pointed
out, however, that when the cooperative effort did not materialize, only Promenade property
owner, James McDilda, made application to construct a 314-unit multiple- family complex
with 15,000 square feet of commercial space. The new development application will require
deletion of the "MU-N" designation from the Promenade and Westlake Development
properties, and will also require planned development, rezoning, and general plan
amendment (PD-3-02, RZ-2-03, GPA-I-03) approval before moving forward.
As 'an aside, Mr. Hamilton related that public testimony concerning density issues received
during the Planning Commission (Commission) process, prompted the Commission to
modify staff s original recommendation of a 12-units per acre designation for the Westlake
property to a 3-units per acre designation.
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Mr. Hamilton recommended that the City Council adopt the Mitigated Negative Declaration
and General Plan resolution amending the General Plan Diagram and approving General Plan
Amendment GP A -1-03, eliminating the "Mixed Use Overlay" designation from the Westlake
property (83 acres) and allowing its zoning to remain "Residential, 2 to 3.5 units per acre,"
eliminating the Promenade property (38.7 acres) designation of "Residential, 2 to 3.5 units
per acre" and "RS-3-MU-N" Residential Single Family, 3 units per acre with the Mixed Use
Overlay and replacing it with "Residential, 6 to 10 units per acre" General Plan designation
and zoning of "RM-9-PD" Residential Multiple Family, 9 units per acre, with Planned
Development Overlay District, and offer the ordinance for first reading.
Frank Sanderson, Carol Holsten, Steve Holsten, Teri Anderson, and Walt Embree opposed
the project citing no shortage of "high-end" apartments in the Redding area, an inadequate
traffic analysis and study, lack of benefit to the City, failure to prepare an environmental
impact report, and failure to address regional infrastructure and funding.
Mayor Pohlmeyer determined that no other individual wished to address this matter and
closed the public hearing.
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In response to Council Member Cibula, Planning Manager Keaney advised that Caltrans
provided a response to the initial traffic analysis identifying what it termed "oversights."
Staff then prepared and provided a supplemental report to Caltrans which then concurred
with the conclusions, and Mr. Keaney added that the information was available prior to the
Planning Commission meeting of November 11, 2003. He agreed that the project is large
and will generate corresponding amounts of traffic, but he noted that Collyer Drive can easily
accommodate the projected traffic numbers, signalization will be installed at the Highway
299 and Hawley Road interchange, and Shasta View Drive will be built along the frontage
ofthe proj ect to serve as a north! south arterial extending to Oasis Road. Mr. Keaney pointed
out that the zoning change will actually result in a reduction of densities available to the
applicant (from 24 units per acre to 8 units per acre) and a reduction in potential traffic. He
further related that an EIR is only required by the California Environmental Quality Act
(CEQA) when substantial impacts exist which are not identified for mitigation. He pointed
out that this project carries 69 mitigation measures which will reduce impacts below the level
of significance eliminating the requirement for and EIR.
Mr. Keaney responded to Council Member Mathena, that the curved street connecting Shasta
View Drive to Collyer Road will be the only public street within the project, the remainder
will be private. He added that the project will have an onsite manager and the units cannot
be sold separately because the property was not subdivided.
Council Member Stegall countered that a shortage of family housing does exist in the
community with current vacancy rates between 1 % and 5%. Mr. Hamilton concurred and
explained that while a 5% vacancy rate is considered a healthy market, the Redding area is
probably much lower. However, he explained that because the rental market varies, current
demand cannot predict future demand and is, therefore, not relevant to decisions regarding
General Plan policies for multi-family housing.
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Council Member Stegall pointed out that while multi-family projects are generally not met
with enthusiasm by affected neighborhoods, this is a quality project that should serve as a
model for future housing projects in Redding. She emphasized that the proposed
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amendments and rezoning will actually reduce densities, traffic impacts, and impacts on
schools in the area.
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MOTION: Made by Council Member Kight, seconded by Council Member Stegall, making
findings, adopting the Mitigated Negative Declaration, adopting Resolution No. 2003-185,
a resolution of the City Council of the City of Redding amending the General Plan Diagram
by adopting General Plan Amendment GPA-1-03, deleting the "Mixed Use Overlay"
designation from the Westlake property (83 acres) and leaving its designation at "Residential,
2 to 3.5 units per acre," deleting the designation from the Promenade property (38.7 acres)
of "Residential, 2 to 3.5 units per acre" and "RS-3-MU-N" Residential Single Family, 3 units
per acre with the Mixed Use Overlay zoning and replacing it with "Residential, 6 to 10 units
per acre" General Plan designation and zoning of "RM-9-PD," Residential Multiple Family,
9 units per acre with the Planned Development Overlay. The Vote
AYES: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2003-185 is on file in the Office of the City Clerk.
Council Member Kight offered Ordinance No. 2322 for first reading, an ordinance of the
City Council of the City of Redding amending the Zoning Map relating to the rezoning of
property located at 2080 Collyer (38.7 acres) from "RS-3-MUN" Residential Single Family
District with "Mixed Use" Overlay District to "RM-9-PD" Residential Multiple Family
Housing District (maximum density of nine units per acre) with Planned Development
Overlay District to construct a 314-unit multiple-family complex with 15,000 square feet of
commercial space.
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MOTION: Made by Council Member Kight, seconded by Council Member Stegall, that the
full reading of Ordinance No. 2322 be waived and the City Attorney be instructed to read the
ordinance by title only. The Vote: Unanimous Ayes.
UPDATE ON MAJOR PROJECTS - South Bonnyview Road Widening Project
(A-050-080 & S-070-1 00)
City Manager Warren deferred this informational item to a future meeting.
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RESOLUTION OF NECESSITY - Acquisition of property by eminent domain owned by
Edward and Judy Young
(C-070-01O)
Development Services Director Hamilton recalled that on June 3,2003, the City Council
approved the Negative Declaration and Planned Development Application PD-1-02,
Tentative Subdivision Map Application S-12-02, and Rezoning Application RZ-3-02 for the
Sunset Oaks Townhomes Project. At that time, a second ingress and egress (a condition of
the project) would necessitate the extension of the street across an off-site parcel (APN-11 0-
020-067) owned by the Edward and Judy Young and located between the Project site and
Heritagetown Drive. He also recalled that at that meeting, the City Council was advised that
while the developer was negotiating to acquire the property, the sale was not final at the time
and it was possible that eminent domain would be necessary. The Youngs advised at the
meeting that although they were not opposed to the Sunset Oaks project, they had planned
to develop their parcel into a senior-living project and would like to move forward with their
plans. Mr. Hamilton clarified that General Plan Health and Safety Element Policy HS4J
requires that two points of ingress and egress be provided to a development of 50 lots or
more and Sunset Oaks Townhomes will contain 60 units.
Council Member Mathena questioned if the Youngs' remaining piece of property could be
developed. Mr. Hamilton responded that two units could still be developed by the Youngs
on their remaining property through provisions in the Redding Municipal Code which
provide flexibility to property owners affected by right-of-way acquisitions and eminent
domain action.
City Attorney Fuller advised that negotiations to purchase the Youngs' property have been
ongoing over the last six months without a final settlement and the City must exercise
eminent domain or waive the requirement of that specific secondary access.
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Mr. Fuller stated that the necessary findings are in evidence, the public interest and necessity
require the project, the project is located in a manner that would be most compatible with the
greatest public good and the least private injury, and that the property sought is necessary for
the project. He recommended adoption of the Resolution of Necessity to acquire a portion
of Assessor's Parcel Number 110-020-067 (roadway strip and northerly section) from
Edward and Judy Young by eminent domain for the extension of "Road A" to Heritagetown
Drive.
Michael Olsen, representing Edward and Judy Young, explained that the Youngs purchased
the 20-acre property with the intent to construct a planned development for seniors and have
already lost portions of their property to sewer and storm drain encumbrances and
construction of Heritagetown Drive. According to Mr. Young, a suitable area exists in the
northerly portion of the Sunset Oaks Townhomes which could provide the required second
access. He also indicated that the Sunset Oaks property may be sold in the near future and
believed it premature to use eminent domain until it is firmly determined that the access will
be needed.
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John Kenny, representing Sunset Oaks Townhomes development, observed that two access
areas were identified on the original subdivision map which could have been acquired
without the use of eminent domain. However, the determination that Road "A" is necessary
in order to serve more than just the Sunset Oaks Townhomes' residents, and the failure to
reach a settlement with the Youngs (after offering considerably more than the appraised
value of the property), makes eminent domain now appropriate. He acknowledged that the
property may be sold, but it will be sold as a "project" with entitlements and he urged the
City Council to approve the Resolution of Necessity to move forward with the project.
MOTION: Made by Council Member Kight, seconded by Council Member Mathena,
making the necessary findings and adopting Resolution of Necessity No. 2003-186, a
resolution of the City Council of the City of Redding, to acquire a portion of Assessor's
Parcel Number 110-020-067 (roadway strip and northerly section) by eminent domain from
Edward and Judy Young for right-of-way for public street connection extending Road "A"
to Heritagetown Drive. The Vote:
AYES: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
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Resolution No. 2003-186 is on file in the Office of the City Clerk
ADJOURNMENT
There being no further business, at the hour of 8:23 p.m., Mayor Pohlmeyer declared the
meeting adjourned.
APPROVED
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ATTEST:
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City Clerk r ~
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