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HomeMy WebLinkAboutMinutes - City Council - 2004-09-07 177 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress A venue, Redding, California September 7,2004 7:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member Kight. The Invocation was offered by Police Chaplain Cyndee Thomas. I The meeting was called to order by Mayor Pohlmeyer with the following Council Members present: Cibula, Kight, Mathena, and Stegall. Also present were City Manager Warren, Assistant City Manager Perry, Assistant City Manager Starman, Deputy City Manager Bachman, Assistant City Attorney DeWalt, Development Services Director Hamilton, Management Assistant to the City Manager Cherpeski, City Clerk Strohmayer, Assistant City Clerk Sherman, and Executive Secretary Stribley. ' RECOGNITION OF SPORTS COMPLEX COMMITTEE MEMBERS (B-080-600 & P-050-600-200) On behalf of the City Council, Mayor Pohlmeyer thanked the members of the Sports Complex Committee for a job well done and presented commemorative T-shirts to Dave Andrade, Kent Dagg, Chris Kempster, Shelly Kibler, Bert Meyer, Jason Newham, Todd Royce, and Sonny Stupeck. He related that the Sports Complex has become a favorite destination in the City and the Committee was instrumental in making the project a resounding success. I Bert Meyer, Committee Member, thanked previous committees for their expertise, vision and invaluable assistance in realization of the Sports Complex Project. UPDATE RE THE WESTERN ZONE SWIM CHAMPIONSHIPS - the Aquatic ~enter (P-050-700-600) Rick Bosetti, President of the Redding Aqua Ducks organization, advised that the Western Zone Swim Championships held August 10 to 14, 2004, at the Aquatic Center was very successful and hosted 740 swimmers from 13 western states with approximately 300 additional attendees. He advised that participants commented that this was the best swimming event they had attended in the last ten years and the best venue in the Western Zone's 13 states. He related that the Aquatic Center is now being considered for future Open USA Swimming events, in part because of the Aquatic Center's state-of-the-art wave dissipater system which produces the "fast water" that swimmers enjoy. He thanked the City for its support and vision to provide an exceptional swimming facility. I PRESENTATION - Shasta County Department of Public Health re proposed ordinance prohibiting smoking at outdoor family events/venues in the city . (P-150-200) . Megan Johnson, Tobacco Education Programs Coordinator for the Shasta County Department of Public Health and representing the Tobacco Education Coalition) and Students Putting Out Tobacco Youth Coalition, encouraged the City Council to develop and adopt an ordinance to prohibit smoking at outdoor family events in the City. She pointed out that second hand smoke, even in an outdoor environment, can trigger asthma attacks in children and the elderly and can cause eye, nose, and throat irritation at any age level. Ms. Johnson suggested that events such as the Fourth of July Freedom Festival, Blues By the River, 'Ducky Derby/Turtle Bay Arts and Crafts Fair, Three-On- Three Basketball Tournament, Christmas Parade, Kool April Nites and others should be included in the outdoor events where smoking is banned. She noted that currently the Stillwater Powwow and Marketfest are smoke free. She stated that Shasta County Public Health Tobacco Education and Tobacco Compliance programs would partner with the City to draft and enforce a smoke free ordinance. ------------------- Approval of Minutes - Special Meeting of June 21, 2004; Special and Regular Meetings of August 3,2004. 9/712004 178 Approval of Payroll and Accounts Payable Registers (A-050-100-500). . It is recommended that Accounts Payable Register No.3, check numbers 821051 through 821483 inclusive, in the amount of$5,766,095.21, for the period of August 2, 2004, through August 13,2004; Accounts Payable Register No.4, check numbers 821484 through 822036 inclusive, in the amount of $14,734,326.72, for the period of August 16, 2004, through August 31, 2004; Payroll Register No.3 electronic deposit transaction numbers 148830 through 149593 and check numbers 517376 through 518094 inclusive, in the amount of $2,391,583.25, for the period of July 18, 2004, through July 31,2004; Payroll Register No. 4 electronic deposit transaction numbers 149607 through 150372 and check numbers 518136 through 518460 inclusive, in the amount of$2, 151,792.05, for the period of August 1,2004, I through August 14,2004; and Payroll Register No.5 electronic deposit transaction numbers 150392 through 151159 and check numbers 518507 through 518760 inclusive, in the amount of$2,047,614.23, for the period of August 15, 2004, through August 28, 2004, be approved. TOTAL: $27,091,411.46 Treasurer's Report - July 2004 (A-050-I00-600) Total Treasurer's Accountability $135,361,834.84 Total City of Redding Funds, Funds Held in Trust, and Funds, of Related Entities $196,080,829.86 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 July 2004 be accepted. Ordinance - Approving Development Agreement with Jeff Mora re Avalon Park Subdivision (S-101-024) It is the recommendation of the Development Services Director that Ordinance No. 2335 be adopted, an ordinance ofthe City Council ofthe City of Redding approving the Development I Agreement with Jeff Mora relative to the development known as Avalon Park Subdivision (a.k.a. North View Estates) S-2-97, located south of Oasis Road, north ofHwy 299E, and east of the future ~xtension of Shasta View Drive, requiring dedication ofa right-of-way for the extension of Shasta View Drive when development commences. Assign 2004 Single-Family Private Activity Bond Fair Share Allocation - CRHMF A Homebuyers Fund (formerly California Rural Home Mortgage Finance Authority) (R -030-100-400) It is the recommendation of the Assistant City Manager that the City Council authorize that a letter be sent to the CRHMF A Homebuyers Fund (CHF) assigning the City's 2004 Single- Family Private Activity Bond Fair Sh(lre Alloc~tion in th~ amount of $908,220 to CHF in order to continue the City' s part~cipation in the tax-exempt First-Time Homebuyers program (FirstHouse) administered by CHF and that a letter be sent to the California Debt Limit Allocation Committee (CD LAC) reflecting same. Report - Sports Complex soccer fields; and Resolution - Appropriating funds for soccer fields design work (B-130-070/P-050-600-200/P-050-690) It is the recommendation of the Assistant City Manager that the City Council accept the status report regarding the Sports Complex soccer fields for August 2004. It is further recommended that Resolution No. 2004-134 be adopted, a resolution of the City Council of I the City of Redding approving and adopting the 66th amendment to City Budget Resolution No. 2003-103 appropriating $100,000 for design work for the Spqrts Complex soccer fields for fiscal year 2004-05. Option to Acquire Property - 2210 Abernathy Lane owned by Wanda and Randy Conrad (C-070-01O) It is the recommendation of the Assistant City Manager that the City Council accept the status report regarding the Option to Acquire Property for purchase of 7.5 acres of land located at 2210 Abernathy Lane owned by Wanda and Randy Conrad. The Option to Acquire Property in the amount of $350,000 has been signed and is awaiting a confirming appraisal prior to final consideration by the City Council. 9/712004 179 Sale of Property Report - Sale of Redding Redevelopment Agency real property located at 2755,2765, and 2775 West Street and 2948 Leland Avenue (R-030-100-033) It is the recommendation of the Assistant City Manager that the City Council accept the report from the Redding Redevelopment Agency (RRA) regarding the sale of2755, 2765, and 2775 West Street in the Martin Luther King, Jr. Neighborhood and 2948 Leland Avenue in the Parkview Neighborhood to Habitat for Humanity Shasta Cascade and Community Revitalization and Development Corporation for development of new single-family residences. These properties were originally acquired with tax-increment funds. I Council Member Cibula advised he will abstain from discussion and voting on this matter due to family holdings in the area. The Vote: A YES: Council Members - Kight, Mathena, Stegall, and Pohlmeyer NOES: Council Members - None ABSTAIN: . Council Members - Cibula ABSENT: Council Members - None Resolution - Authorizing submission of a grant to the California Department of Housing and Community Development under the" American Dream Downpayment Initiative" (G-100-0750) It is the recommendation of the Assistant City Manager that Resolution No. 2004-135 be adopted, a resolution of the City Council of the City of Redding authorizing the submittal of an application to the California State Department of Housing and Community Development (HCD) for funding up to $200,000 through the "American Dream Downpayment Initiative" (ADDI) under the Home Investment Partnerships Program (HOME); and, if selected, the execution of a Standard Agreement, amendments thereto, and related documents necessary to participate in the Home Investment Partnerships Program. I Second Amendment Pre-development Funding Agreement - Community Housing and Improvement Program, Inc. (G-100-075-200) It is the recommendation of the Assistant City Manager that the City Council authorize the Mayor to execute the Second Amendment to the Pre-Development Funding Agreement with Community Housing and Improvement Program, Inc. (Cmp) extending the term of the agreement to December 31, 2004, with no other changes in terms or conditions. Council Member Cibula advised he will abstain from discussion and voting on this matter due to family holdings in the area. The Vote: AYES: Council Members - Kight, Mathena, Stegall, and Pohlmeyer NOES: Council Members - None ABSTAIN: Council Members - Cibula ABSENT: Council Members - None Resolution - Authorizing an advance to the Airports Fund from the General Fund (B-130-070 & A-090-100) It is the recommendation of the Support Services Director that Resolution No. 2004-136 be adopted, a resolution ofthe City Council ofthe City of Redding approving and adopting the 70th amendment to City Budget Resolution No. 2003-103 appropriating $30,000 for the purchase of an Americans with Disabilities Act (ADA) compliant passenger ramp for airline passenger service at the Redding Municipal Airport. I Resolution - Appropriating Information Technology funds for computer upgrade (B-130-070) It is the recommendation ofthe Support Services Director that Resolution No. 2004-137 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 68th amendment to City Budget Resolution No. 2003-103 appropriating $35,000 to purchase an upgrade for the City's main computer (NS 400) to an i5 Model 520 for Fiscal Year 2004- 05. Amendment to Consulting Agreement - RBF Consulting for the Oasis Road Specific Plan Master Environmental Impact Report (MEIR) (L-O 10-075 & G-030-11O) It is the recommendation of the Development Services Director that the City Council approve the amendment to the Consulting Agreement with RBF Consulting for the Oasis Road Specific Plan Master Environmental Impact Report (MEIR) utilizing Kimley-Hom and 9/7 /2004 180 Associates as the Traffic Engineering consultant for the project. The Agreement cost is $276,476 and includes expansion of~be traffic analysis and environmental review to include Hawley Road alternatives and other items. Council Member Cibula advised he will abstain (rom discussion and voting on this matter due to family holdings in the area. The Vot~: AYES: Council Members - Kight, Mathena, Stegall, and Pohlmeyer NOES: Council Members - None ABSTAIN: Council Members - Cibula ABSENT: Council Members - None Monthly Financial Report - Electric Utility I (B-130-070) It is the recommendation of the Electric Utility Director that the City Council approve the Electric Utility's Monthly Financial Report for July 2004. Retail power sales revenue is 7.8 %, or$536,312 above projections a)1d wholesale power sales through July are $1 ,433,764, or 61.6% above projections. Operating revenue after energy costs is $973,389 or 28.1 % above year to date expectations. The total cost of electricity through July 2004 was $1,036,082 or 17.6% above projections. The Utility's net operating results through July is $1,745,617 or $1,118,415 (178.3 %) above plan for the period. Grant - United States Attorney's Office through Project Safe Neighborhoods / (G-100-070 & P-150-150) ~ /v1t is the recommendation of the Police Chief that the City Council authorize the Redding I Police Department to accept a grant from the United States Attorney's Office through Project Safe Neighborhoods in the amount of $32,000 for overtime and training for members of the Shasta Antj-Gang Enforcement (SAGE) Unit. Grant Submittal- U.S. Department of Justice 2004 Local Law Enforcement Block Grant (G-100-070 & P-150-150) It is the recommendation of the Police Chief that the City Council approve submission of an application to the ~.S. Department of Justice for 2004 Local Law Enforcement Block Grant funds in the amount of $75,246, with a required match by the City of $7,524 to be utilized for the Integrated Public Safety System. I Agreement - Peace Officer Standards and Training (POST) Commission for upgrades to the Force Option Simulator (G-100-170 & P-150-150) It is recommended that the City Council authorize the Police Chief to execute an Agreement with the Peace Officer Standards and Training Commission (POST) to provide upgrades to the Force Option Simulator fully funded by POST in the amount of $24,000. Monthly Financial Report - General Fund (B-130-070) It is the recommendation of the Deputy City Manager that the City Council accept the General Fund's Monthly Financial Report for July 2004. Total revenue at the end of July is $4.3 million or $734,700 (20.5 %) above staff s cash flow projection. Expenditures at month end, excluding encumbrances, total $6,366,697 or $2,931,958 (85.3 %) below staff s original projection. Encumbrances total $2,868,743. Ouarterly Report - Turtle Bay Exploration Park (C-070-250-250) It is the recommendation of the Deputy City Manager that the City Council accept the Turtle I Bay Exploration Park Quarterly Report for the fourth quarter ending June 30,2004. Deputy City Manager Bachman advised that page one, paragraph three of the Report to City Council dated August 31, 2004, should be corrected to read, "revenues exceeded expenditures by $188,008." Resolution - Summarily vacating stonn drain easements at 4899 Dandelion Drive (A-01O-040) It is the recommendation of the Development Services Director that Resolution No. 2004- 138 be adopted, a resolution of the City Council ofthe City of Redding summarily vacating a 20-foot and a 30-foot stonn drain easement (A-7-04) located at 4899 Dandelion Drive as requested by property owner Ronald L. Mino because the stonn drain is no longer needed due to new stonn drain installation at another location. 9/7 /2004 181 Award of Bid - Bid Schedule No. 3760, Shaver Lane water main replacement (B-050-020 & W-030-725) It is the recommendation of the Development Services Director that Bid Schedule No. 3760 (Job No. 2219), Shaver Lane water main replacement be awarded to Whitehawk Construction in the amount of $116,236, with an additional amount of $12,500 for administration/inspection/materials testing, and an additional $23,000 for construction contingencies, for a total amount of$151,736. I Resolution - Summarily vacating an Offer of Dedication for road and drainage easement at 3982 and 3996 Golf Drive (A-OI0-040) It is the recommendation of the Development Services Director that Resolution No. 2004- 139 be adopted, a resolution of the City Council of the City of Redding summarily vacating an offer of dedication for a 20-foot road and drainage easement within lots 6 and 7 on the map of Fairway Gardens Subdivision (3982 and 3996 Gold Drive) (A-8-04) requested by property owners Royce Friesen, Kathleen Moser, Stephen Dunn, and Janet Dunn as the area has not been used for the intended purpose for the last five years. Resolution - Summarily vacating a public service easement at 3340 Railroad Avenue (A-01O-040) It is the recommendation of the Development Services Director that Resolution No. 2004- 140 be adopted, a resolution of the City Council of the City of Redding, summarily vacating a 20-foot public-service easement located at 3340 Railroad Avenue (A-9-03) as shown on Parcell of Administrative Parcel Map APM-I-05 requested by property owners Stanley and Kimberly Undahl, Douglas and Kathleen Weaver, John W. Carr, and Mary Rose Roach because a new easement has been dedicated in another location. I Resolution - Summarily vacating an open-space easement at 800 and 815 Leisha Lane (A-01O-040) It is the recommendation of the Development Services Director that Resolution No. 2004- 141 be adopted, a resolution of the City Council of the "City of Redding summarily vacating the open-space easement on lots 5 and 6 ofthe Sunset Court Subdivision Map S-13-90 (815 and 800 Leisha Lane) (A-4-04) requested by the City of Redding because of an error in recording and dedication of a new drainage easement. Consultant Agreement - CH2M Hill (W-030-125-01O) It is the recommendation of the Development Services Director that the City Council approve Additive Alternate #1 for Bid Schedule No. 3478 and Consultant Agreement with CH2M Hill to provide environmental, design, an~ construction services for installation of the fish screens on Pump House No. 1 in the amount of $204,450. Award of Bid - Bid Schedule No. 3766, Deerfield Avenue and Oxford Road sewer bypass (B-050-020 & W-020-575) It is the recommendation ofthe Development Services Director that Bid Schedule No. 3766 (J ob No. 2234), Deerfield Avenue and Oxford Road sewer bypass be awarded to R.A. Martin Constructors Inc. in the amount of $279,190 and an additional $27,919 be approved for administration and inspection fees, and $41,800 be approved for a construction contingency fund for a total amount of$348,909. " I Agreement - GPS Properties, LLC (W -030-500) It is the recommendation of the Assistant City Manager that the City Council authorize the Mayor to execute an Agreement with GPS Properties, LLC located at 8711 Airport Road to provide fire hydrant service outside the incorporated area of the City. Assignment of Sewer License - Catholic Healthcare West (CHW) to Mercy Oaks Village for service at 2225 College View Drive (W-020-560) It is the recommendation of the Assistant City Manager that the City Council approve the assignment of the sewer license from Catholic Healthcare West to Mercy Oaks Village to facilitate a senior housing project at 2225 College View Drive. 9/7/2004 182 Resolution - Approving amendments to the Memorandums of Understanding with International Brotherhood ofEle~trical Workers OBEW) Union - Electric ~d Maintenance Units, for enhanced retirement benefit (P-I00-050-070) It is the recommendation ofthe Personnel Director that Resolution No. 2004-142 be adopted, a resolution of the City Council of the City of Redding amending the Memorandums of Understap.ding with the International Brotherhood of Electrical Workers, Local Union 1245, Electric and Maintenance units, effective September 7, 2004, implementing an enhanced retirement program. MOTION: Made by Council Memb~r Stegall, seconded by Council Member Mathena, that I all the foregoing items on the Cqnsent Calendar be approved and adopted as recommended with the exception ofthe items approved by. separate vqte as indicated above. The Vote: AYES: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2335 and Resolution Nos. 2004-134, 2004-135, 2004-136, 2004-137, 2004- 138,2004-139,2004-140,2004-141, and 2004-142 are on file in the Officeofthe City Clerk. PUBLIC HEARING - Tentative Subdivision Map Application S-5-03, Planned Development PD-2-03 for Aliz~ Subdivision Units 1 and 2; and ORDINANCE - Rezoning Application RZ-7-03 (S-1 00-705-900/L-Ol 0-21 0-704/L-OI0-230) The hour of7 :00 p.m. having arrived, Mayor Pohl!lleyer opened the public hearing regarding Tentative Subdivision Map Application S-5-03, Planned Development PD-2-03 for Alize Subdivis~on Units 1 and 2, and Rezonip.g Applicatipn RZ-7-03, by Creating Living requesting to rezone property located at 160 QUCl;rtz Hill Road from "RS-2.5" Residential Single Family Zoning Di~trict to"RS-2.5" Residential Single Family Zoning District and I "OS" Open Space District with "PD" Planned D~velopment Overlay. , The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Nqtice of Public Hearing Affidavit of Mailing - Notice of Public Hearing City Clerk Strohmayer advised that no protests were received. Development Seryices Director Hamilton provided an overview of the Report to City Council dated August 27,2004, relating that the project would subdivide approximately 245 acres into 93 large lot, single-family residential homes - substantially less than the General Plan allowance of 406 units for the area. Mr. Hamilton recommended that. findings be made, that the Mitigated Negative Declaration and. Ten~ative Subdivision Map Application (S-5-03), a1?-d- Planned, Development Application~ PD-2-03, for Alize Subdivision Units 1 and 2 located at 160 Quartz Hill Road, developed by Cr~ative Livingge approved; and that an ordinance be offered for first reading by title only and the full reading be waived, amending the Zoning Map of the Redding Municipal Code rel~ting to Rezoning Application RZ-7 -03 with "PD" Planned Development Overlay. I Council Member Cibula express~d concern regarding increased traffic on Quartz Hill Road. Mr. Hamilton explained that improvements are in place to widen and straighten Quartz Hill Road. Mayor Pohlmeyer determined that no one present wished to address this matter and closed the public hearing. 9/7/2004 183 I MOTION: Made by Council Member Stegall, seconded by Council Member Mathena, making finds that: 1) there will be no significant effect on the environment, 2) the project is compatible with the Redding General Plan, 3) the project will not significantly alter existing land form, 4) the project is compatible with surrounding land use, 5) the project has adequate access and public services, and 6) the project is compatible with the Redding Municipal Code; and adopting the Mitigated Negative Declaration and approving Tentative Subdivision Map Application (S-5-03) and Planned Development Application PD-2-03 for the Alize Subdivision Units 1 and 2 located at 160 Quartz Hill Road, developed by Creative Living. The Vote: Unanimous Ayes Council Member Stegall offered Ordinance No. 2336 for first reading, an ordinance of the City Council of the City of Redding finding that the Mitigated Negative Declaration for rezoning has been completed and its supporting documentation reflects the independent judgement and analysis ofthe City and amending the Zoning Map of the Redding Municipal Code relating to the rezoning of245 acres from "RS-2.5" Residential Single Family Zoning District to "RS-2.5" Residential Single Family Zoning District and "OS" Open Space District with "PD" Planned Development Overlay, for Alize Subdivision Units 1 and 2, "RS-2.5" Residential Single Family Zoning District to "RS-2.5" Residential Single Family Zoning District and "OS" Open Space District with "PD" Planned Development Overlay, located at 160 Quartz Hill Road (RZ-7-03). MOTION: Made by Council Member Stegall, seconded by Council Member Mathena, that the full reading of Ordinance No. 2336 be waived and the City Attorney be instructed to read the ordinance by title only. The Vote: Unanimous Ayes I UPDATE ON MAJOR PROJECTS - Sports Complex (A-050-080 & P-050-600-200) Assistant City Manager Perry advised that 91 teams have signed up to play at the new Sports Complex and sign ups for the indoor hockey league has risen by 40% this year in anticipation of utilizing the indoor rink at the Complex. No action was required on this informational item. NORTHERN VALLEY CATHOLIC SOCIAL SERVICES REQUEST FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (B-130-030) City Manager Warren stated that the Northern Valley Catholic Social Services (NVCSS) recently purchased Washington Plaza, an office complex on Washington Street which runs parallel to Park Marina Drive, in order to consolidate its employees and operations into one location. He related that NVCSS's funding has been drastically reduced this year by state and county funding difficulties, and it is now attempting to raise $1.5 million to offset the cost of ownership of the Park Marina property and provide funds for remodeling. To date, NVCSS has raised $600,000, of which $119,000 was contributed by NVCSS employees and they plan to rent offices in one of the Plaza buildings which will save an additional $7,000 per month. Mr. Warren advised that NVCSS has requested assistance from the City in the amount of $150,000 and pointed out that because their organization provides housing, rehabilitation, mental health assistance and other types of assistance, Community Development Block Grant (CDBG) funds could be used. I Mr. Warren recommended approval of the request for assistance in the amount of$150,000 recognizing that NVCSS helped more than 14,000 people last year and continues to provide valuable assistance to the community. The NVCSS campaign committee has requested that the City provide a grant in the amount of $150,000. MOTION: Made by Council Member Stegall, seconded by Council Member Mathena, approving funding assistance in the amount of$150,000, utilizing Community Development Block Grant funds to assist Northern Valley Catholic SOclal Service. The Vote: Unanimous Ayes UPDATE - Library Governance and FinancingTask Force Update (L-050) Management Assistant to the City Manager Cherpeski advised that the Library Governance and Financing Task Force Committee has met twice, electing a governing body and focusing 9/7/2004 184 on cost estimate preparation for library opera,tions. It is anticipated that a presentation for consi~,eration of ap. implementatiop. plan aI)d timelines will be m,ade ~o the Shasta County Board of Supervisors, an~ the cities of Redding, Anderson, and Burney in J ~nuary 2005. No action was required on this informational item. PROPOSED LETTER TO GOVERNOR SCHW ARZENEGGER - Re veto of AB 2702 (L-040,') 00) Development Services Director Hamilton advised that Assembly Bill (AB) 2702 (Steinberg) pertains to second-unit housing and, if enacted, will deny cities the flexibility to regulate impacts of those units and would stipulate that cities cannot recover the estimated $10.7 I million implementation costs oftp.is measure. He stated that the League of California Cities is urging cities to send letters to, Governor Scl;1warz~negger requesting that he veto AB 2702. Mr. Hamilton explained that the City would probably not be affected at this time, but the Bill would have an impact in future planning. He related ~hat local oversight of such programs is more efficient and provides for second dwellings where feasible. For instance, the City's ordinance insists tha,t the property be owner occupied, AB 2702 has no such requirement. The City has been diligent in its provisions for second-unit dwellings and it is unlikely that intervention by the state would provide optimum efficiency. Mr. Hamilton recommend,ed that a let1;er be sent to Governor Schwarzenegger requesting that he veto AJ? 2702. Chris Young, representing the Shasta County Board of Realtors (Board), related that realtors support AB 2702 and believe that its passage would provide more local control. He urged the City Council to decline sending a letter to the Governor requesting a veto of the Bill. . , Council Member Stegall pointed out that a request to veto AB 2702 would not eliminate second-unit housing but would allow cities such as Redding to continue with more liberal requirements without state intervention. I I Council Member Mathena relate~ that he rec~ived a ~equest from Marie Whittaker of the Realty Board requesting that a decision regarding this matter be postponed to the next City Council meeting to provide her an opportunity to speak. Mayor Pohlmeyer and Council Member Kight pointed out that AB 2702 is currently before the Governor and because time is of the essence, urged a decision this evening. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, approving sending a letter to Governor Schwarzenegger urging a veto of AB 2702. The Vote: Unanimous Ayes. ORDINANCE - Adding Se~tion 9.04.060 to Chapter 9.04 ofthe Redding Municipal Code- Health and Sanita,tion (P-150-200 & P-150-150) Police Chief Moty explained that section 650.5 of the California Pen~l Code had been historically used by law ,enforcement to address public urination and defecation until its repeal in 1991. Since that time, other types of laws were applied to the issue but did not . adequately address the problem. Mr. Moty recommended that an ordinance be offered for first reading by title only adding Redding Municipal Code Section 9.04.060-Urination and Defecati9n. . ' Richard Johnson, Redding resident, did not oppose the ordinance but urged the City Council to provide portable toilets in arelis whyre facilities are inaccessible such as various trails, parks, and other areas in the City. I MOTION: Made by Co~ncil Memb~r Kight, seconded by Council Member Stegall, adding Section 9.04.060 (Urination and Defecation) to Title 9 of the Redding Municipal Code to improve health and safety in the City. The Vote: Unanimous Ayes Council Member Kight offered Ordinance No. 2337 for first reading, an ordinance of the City Council ofthe City of Redding addiIlg Section 9.04.060 (Urination and Defecation) to 9/7/2004 185 Title 9 of the Redding Municipal Code. MOTION: Made by Council Member Kight, seconded by Council Member Stegall, that the full reading of Ordinance No. 2337 be waived and the City Attorney be instructed to read the ordinance by title only. The Vote: Unanimous Ayes I UPDATE - Projects to be funded through the Traffic Impact Fee Program (T -080-400) Deputy City Manager Bachman recalled that the revised Traffic Impact Fee (TIF) Program went into effect July, 2004. He stated that the Shasta View Drive extension between Hartnell Avenue and Galaxy Way was completed and design for the traffic signalization at Shasta View Drive and Hartnell A venue is underway. Other projects planned for this current fiscal year include design work on the South Bonnyview Road Widening Project, the Airport Road Widening Project, Hilltop Drive over Highway 44 Widening Project (to include traffic signalization at Airport Road and Rancho Road), and the Cypress A venue Bridge replacement project (to include environmental clearance). He stated that projected cash flows should be sufficient to fund projects planned for the next five years. Council Member Kight suggested that when sufficient traffic has been routed from Alta Mesa Drive to feed onto Hartnell Avenue, that a feasibility study be conducted to remove some of the stop signs along that route. No action was required on this informational item. I REVISED GENERAL FUND TEN-YEAR PLAN; and RESOLUTION - Appropriating funds (B-130-070) Deputy City Manager Bachman recalled that at the regular City Council meeting of July 6, 2004, modifications to the 2004-05 Fiscal Year Budget were approved. At that time, the City Council expressed concern that $250,000 committed to the new Shasta County Library was not included in the 10- Year 'Financial Plan (Plan) and directed staff to modify the Plan to make it more comprehensive. Mr. Bachman related that the Plan has been revised to include: 1) all known adjustments necessary due to the state budget crisis, 2) changes in the Plan's assumptions based on recent trends in both revenues and expenditures, 3) provision for a $400,000 line item for potential continuation of the Turtle Bay operating funding, and 4) provision for a line item for $250,000 for the new Library funding. He pointed out that these changes required $40,000 in reductions from the non-departmental section of the budget. Mr. Bachman recommended that the City Council accept the General Fund 10- Y ear Financial Plan and adopt a resolution appropriating additional funds for the Community Services Division. Council Member Kight expressed concern that the City's budget may drop to the minimum 5% reserve believing that projections and expectations should be higher when circumstances warrant. He pointed out that in a few years, negotiations with the various labor unions will begin and that is always an unknown factor in a City's budget assessment. City Manager Warren suggested that minimum budget reserve issues be revisited during the development of the Biennial Budget next spring. I Richard Johnson, Redding resident, urged the City Council to continue to be fiscally prudent believing long-term issues will continue to infringe on local budgets. MOTION: Made by Council Member Kight, seconded by Council Member Stegall, accepting the revised General Fund 10-Year Financial Plan and adopting Resolution No. 2004-143, a resolution of the City Council of the City of Redding approving and adopting the 69th amendment to City Budget Resolution No. 2003-103, appropriating $71,120 for additional Community Services Department expenditures and recognizing $71,120 in additional Community Services revenue for fiscal year 2003-04, reducing non-departmental appropriations by $40,000 and increasing revenues by $254,000 in fiscal year 2004-05. The Vote: AYES: NOES: ABSTAIN: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer Council Members - None Council Members - None 9/7/2004 186 ABSENT: Council Members - None Resolution No. 2004-143 is on file in the Office of the City Clerk FINAL MAP & SUBDIVISION AGREEMENT - Terra Vista Estates Subdivision (S-9-02) (S-101,.046) Development Services Director Hamilton provided highlights ofthe Report to City Council dated August 25, 20Q4, regarding the Terra Vista Estates Subdivision (S-9-02), located on the east side of Chum Creek Road at Loma Vista Drive, developed by Gary Duckett. He stated that all requirements have been met, the project is 70% complete, and securities in the amount of$615,000 have been submitted. Mr. H~ilton related that the Tentative Map was originally submitted by developer, Jerry Knighten who (at that time) negotiated with an adjacent property owner to secure an easement in favor of the City for the extension ofLoma Vista Drive into the subdivision as required by project conditions. The easement was recorded granting the City right-of-way for the road. However, a dispute has arisen between the current developer (Gary Duckett) and the adjacent property owner who claims that because the terms of the original agreement with Gary Knighten have not been met, the.City Council should not approve the Final Map. I Mr. Hamilton recommended that the Final Map for Terra Vista Estates Subdivision (S-9-02) be approved, that the Mayor authorized to sign the Subdivision Agreement, and the City Clerk be instructed ~o file the map with the Shasta County Recorder. John Strauch, adjacent property owner and Deborah Strauch, Redding resident, advised that they are opposed to approval of the subdivision maintaining that certain terms of an agreement between Mr. Strauch and the previous developer Jerry Knighten, relative to an easement, have not been fulfilled. Mr. Strauch explained that the new developer, Gary Duckett, maintains that the responsibility to meet the terms of the agreement remains with Mr. Knighten. However, Mr. Strauch contends that because Mr. Knighten did not enter into the agreement in good faith, approval of the Final Map (regardless of who now owns the project), should be withheld by City Council until the terms of the agreement have been I honored. The items remaining to be completed are undergrounding utilities and construction of a block wall. Assistant City Attorney DeWalt advised that the Subdivision Map Act offers no remedy to the dispute presented by Mr. Strauch becaus~ it is a civil matter. He stated that the decision before the City Council leaves little. alternative because Mr. Duckett has submitted all required documentation and all conditi<;ms for the subdivision and final map have been met. Gary Duckett, developer, clarified that the he was not the developer who signed the agreement with Mr. Strauch and the previous developer did not disclose that agreement when he purchased the subdivision. MOTION: Made by Council Member .Kight, seconded by Council Member Mathena, approving the Final Map for Terra Vista Estates Subdivision (S-9-02) located on the east side of Chum Creek Road at Loma Vista Drive, developed by Gary Duckett, authorizing the Mayor to execute a Subdivision Agreement, and instructing the City Clerk to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 3768, R~dding Power Plant Steam Dump Condenser Project (B-050-020) Development Services Director Hamilton recommended that the City Council award Bid Schedule No. 3768 (Job No. 9257), Redding Power Plant Steam Dump Condenser Project to O&M Industries, Inc., in the amount of $467,801; and that an additional $60,000 be approved to cover the cost of construction administration and inspection fees and additional $93,562 be approved to provide a construction contingency fund for a total project amount of $621,372. I MOTION: Made by Council Member Kight, seconded by Council Member Mathena awarding Bid Schedule No. 3768 (Job No. 9257), Redding Power Plant Steam Dump Condenser Project to O&M Industries, Inc. in the amount of$621,372. The Vote: Unanimous Ayes. 9/7/2004 187 RESOLUTION - Allocating funds received in excess ofthe FY 2003-04 budgeted amounts from the State Gas Tax for street maintenance tasks (B-130-070/S-050-100-020/S-070-200) Assistant City Manager Perry advised that the City will receive $451,197.57 in excess revenue for Fiscal Year 2003-04 in the form of State Gas Tax funds. I Mr. Perry recommended that the funds be used for street maintenance focusing on signs/frames, pavement reflectors, pavement crack sealing, and pavement dig outs/wheel path grinding. He explained that pavement dig outs and wheel path grinding, while not as durable as overlay, will allow more streets to be repaired. He also recommended adoption of a resolution appropriating $451,200 for street maintenance. City Council Members concurred that pavement dig outs and wheel path grinding are unsightly and do not last as long as overlay. They believed it prudent to repair fewer streets with long-lasting repairs. Sally Riley, Contractors Industry Force Account Council (ClF AC), urged that the street maintenance/repair project go through the competitive bid process. MOTION: Made by Council Member Kight, seconded by Council Member Stegall, adopting Resolution No. 2004-144, a resolution of the City Council of the City of Redding approving and adopting the 67th amendment to City Budget Resolution No. 2003-103 appropriating $451,200 for the allocation of excess State Exchange and Congestion Relief Funds for street maintenance purposes for fiscal year 2004-05, with the elimination of the reference to pavement dig outs and wheel path grinding. The Vote: AYES: Council Members - Cibula, Kight, Mathena, Stegall, and Pohlmeyer NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None I Resolution No. 2004-144 is on file in the Office of the City Clerk PUBLIC COMMENT (A-050-060) Mary Messier, Shasta County Public Health Nutritionist, invited the City Council to participate in the "5-A-Day Challenge" and kick-off event at Enterprise Park on September 18, 2004. (S-050) City Manager Warren reported that a letter was received today from the State Department of Labor who stated that it has modified its requirements regarding the use of volunteer labor on public works projects and will no longer require approval by the Director of the Department of Labor. The Mayor requested that a Press Release be prepared and circulated regarding this development. ADJOURNMENT There being no further business, at the hour of 9:05 p.m., Mayor Pohlmeyer declared the meeting adjourned. APPROVED I ATTEST: L~ City Clerk '1 9/7/2004