HomeMy WebLinkAboutMinutes - City Council - 2005-05-03
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
May 3,2005 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Council Member Dickerson.
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The Invocation was offered by Police Chaplain Penni Tyler.
The meeting was called to order by Mayor Mathena with the following Council Members
present: Dickerson, Murray, Pohlmeyer, and Stegall.
Also present were City Manager Warren, Assistant City Manager Perry, Assistant City
Manager Starman, City Attorney Duvernay, Deputy City Manager Bachman, Development
Services Director Hamilton, Electric Utility Director Feider, City Engineer Tippin, City
Clerk Strohmayer, and Executive Assistant Stribley.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Minutes - Regular and Special Meetings of April 19, 2005
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Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No. 20, check numbers 828797 through
829230 inclusive, in the amount of$l 0,423, 147.20, for the period of April 18, 2005, through
April 29, 2005;and Payroll Register No. 22 electronic deposit transaction numbers 163529
through 164272 and check numbers 5223817through 523014 inclusive, in the amount of
$2,156,508.26, for the period of April 9, 2005, through April 23, 2005, be approved.
TOTAL: $12,579,655.56 .
Treasurer's Report - March 2005
(A-050-100-600)
Total Treasurer's Accountability
$129,425,770.08
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities
$198,361,998.90
ACR133 Report and Cash Reconciliation
(F-205-095-650)
It is the recommendation of the Deputy City Manager that the ACR 133 Report and the Proof
of Cash Reconciliation for March 2005 be accepted.
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Resolution - Adopting City Council Policy No. 1903-Relocation Assistance and Real
Property Acquisition Procedures and amending Rules and Regulations for Implementation
of the California Relocation Assistance Law and Property Acquisition Procedures
(A-050-060-555 & C-070-010-700)
It is the recommendation ofthe Management Assistant to the City Manager that Resolution
No. 2005-52 be adopted, a resolution ofthe City Council of the City of Redding amending
the City's Rules and Regulations for Implementation of the California Relocation Assistance
Law and Property Acquisition Procedures incorporating same in and adopting City Council
Policy No. 1903.
Status Report - Sports Complex Soccer Park
(P-050-600-200 & P-050-690)
It is the recommendation of the Management Assistant to the City Manager that the City
Council accept the report regarding the Sports Complex Soccer Park for March 2005.
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Resolution - Transferring funds for safety netting and fencing at Big League Dreams Sports
Complex
(B-130-070 & P-050-600-200)
It is the recommendation of the Assistant City Manager that Resolution No. 2005-53 be
adopted, a resolution of the City Council of the City of Redding approving and adopting the
105th amendment to City Budget Resolution No. 2003-103 appropriating and transferring
$65,000 from Capital Project Fund (Sports Complex Soccer Fields Erosion Control) to Park
Development Funds for safety netting and fencing at Big League Dreams Sports Complex
to be located behind the player benches in the Field House, and outside the left field fence
(known as Des Moines Field) for fiscal year 2004-05.
Resolution - Making required findings to use redevelopment tax increment funds for the
Sundial Bridge restroom access project
(R-030-145-350 & S-070-050-500)
It is the recommendation of the Assistant City Manager that Resolution No. 2005-54 be
adopted, a resolution of the City Council of the City of Redding making findings that:
1. The improvements are of benefit to the project area from which the funds are derived
or to the immediate neighborhood in which the project is located;
2. No other reasonable means of financing the improvements are available to the
community; and
3. The payment of funds for the improvements will assist in the elimination of blight
within the Canby-Hilltop-Cypress project area; and
approving the use of Tax Increment Funds in the amount of $110,000 to assist with the
development of the Turtle Bay Museums and Arboretum Facility to provide restrooms in the
public area by moving the existing fence.
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Council Member Pohlmeyer did not support the proposal stating that $60,000 to move a
fence and gate was, excessive and suggested that a less expensive alternative be sought.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, Murray, Stegall, and Mathena
Council Members - Pohlmeyer
Council Members - None
Council Members - None
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Residual Receipts Loan - Northern Valley Catholic Social Service for the Saint Clare Court
Affordable Housing Project
(R-030-100-055)
It is the recommendation of Assistant City Manager the City Council approve in concept, a
Residual Receipts Loan in the amount of $400,000 of HOME program funds to Northern
Valley Catholic Social Service.(NVCSS) for development ofa 14-unit affordable housing
complex at the west end of Saginaw Street for the very-low-income mentally ill with a total
project cost estimated at $2.65 million; final approval contingent upon NVCSS receipt of a
funding commitment from the u.S. Department of Housing and Urban Development through
"Section 811" Program in the amount of $1.15 million, receipt of a funding commitment
from the California Department of Housing and Community Development (HCD) in the
amount of$I.1 million through the Multi.. Family Housing Program, and if necessary, receipt
of a funding commitment from the Federal Home Loan Bank through the Affordable
Housing Program to secure additional project funding in the event of a shortfall.
Extension of Lease Agreement -, Shasta Cascade Rail Preservation Society
(C-070-100)
It is the recommendation of the Support Services Director that the City Council authorize I
staff to amend the Lease with Shasta Cascade Rail Preservation Society (SCRPS) extending
the term for five-years in the amount of $~4.00 annually for 2.02 acres of real property
located near the Clear Creek Wastewater Treatment Plant.
Resolution - Declaring intention to abandon a portion of a public service easement adjacent
to 624 Y olla Bolly Trail; and
Setting Public Hearing - to consider abandon of public easement
(A-OI0-I00)
It is the recommendation ofthe Development Services Director that Resolution No. 2005-55
be adopted, a resolution of the City Council of the City of Redding declaring its intention to
vacate a 10- foot wide portion of a public service easement adjacent to property located at 624
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. Y olla Bolly Trail (A-2-05), requested by property owner Jordan Taylor of Redwood Shasta
Investors as it is not needed.
It is further recommended that a public hearing be set for June 7, 2005, to consider same.
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Resolution - Authorizing signing of the California Oregon Transmission Project (COTP)
owner agreements: 1) Interim Participation Agreement, 2) Project Operation and
Maintenance Agreement, 3) W AP A Facilities Interconnection Agreement, and 4) Owners
Coordinated Operation Agreement
(E-120-025)
It is the recommendation of the Electric Utility Director that Resolution No. 2005-56 be
adopted, a resolution of the City Council of the City of Redding authorizing the City
Manager and the Electric Utility Director to execute the following California-Oregon
Transmission Project (COTP) owner agreements: .1) Interim Participation Agreement, 2)
Project Operation and Maintenance Agreement, 3) Western Area Power Administration
Facilities Interconnection Agreement, and 4) Owners Coordinated Operation Agreement, due
to the recent purchase by Redding Electric Utility of the City of Shasta Lake's interest in the
COTP.
Accept Homeland Security Grant - Shasta County Sheriffs Office of Emergency Services
(G-100-070 & P-150-150) .
It is the recommendation of the Police Chief that the City Council accept a special response
vehicle from the Shasta County Sheriffs Office of Emergency Services acquired through a
U.S. Homeland Security grant to the Shasta County State Homeland Security Program in the
amount of$150,000.
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License Agreements - Experimental Aircraft Association (EAA) and Hillside Aviation, Inc.
for "Aviation Day 2005" at Benton Airpark
(A-090-020 & A-070-080)
It is the recommendation ofthe Support Services Director that the City Council authorize the
Mayor to execute License Agreements with Experimental Aircraft Association and Hillside
Aviation, Inc. for use of a portion of Benton Airpark to conduct "Aviation Day 2005" on
June 19,2005, from 7:00 a.m. to mid-afternoon. The City will not receive any revenue nor
incur any costs from this event.
Fourth Amendment to License and Permit for Commercial Activities - Horizon Air
Industries, Inc.
(C-070-100& A-090-1 00-300)
It is the recommendation of the Deputy City Manager that the City Council approve the
Fourth Amendment to the License and Permit for Commercial Activities for Horizon Air
Industries, Inc. to lease an additional 68 square feet of space in the passenger terminal for a
total of945 square feet in the amount of$I,712.75 per month, with all other terms to remain
the same.
License Agreement - Jim & I Aviators for "Open Day Fly-In" at Redding Municipal Airport
(A-090-100 & A-070-080)
It is the recommendation of the Deputy City Manager that the City Council approve the
License Agreement with Jim & I Aviators for use of a portion of the facilities at Redding
Municipal Airport to conduct "Open Day Fly-In" on June 18,2005 from 12 noon to 4:00
p.m.
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Grant Applications - Indian Gaming Local Community Benefit Committee
(G-I00-170 & B-080-650-639)
It is the recommendation of the Deputy City Manager that the City Council authorize
submission of six grant applications to the Indian Gaming Local Community Benefit
Committee as follows:
1. Water Utility - $110,000 for a portion of the $1.1 million waterline project to
improve reliability, capacity, and fire flow in south Redding, including the Win River
Casino. property.
2. Engineering Division - $100,000 for south Bonnyview Road Widening Project study.
3. Fire Department - $18,000 as a match for a Federal Emergency Management Agency
grant to improve and upgrade Fire Department communic~tion equipment.
4. Fire Department - $5,110 for an Automatic External Defibrillator.
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5. Police Department - $20,000 for two Lidar (radar) units for traffic enforcement on
State Route 273 and South Bonnyview Road and overtime for special events and/or
high traffic congestion.
6. Police Department - $73,000 to relocate a back-up computer system from Redding
Police Department to SHASCOM.
for a total grant in the amount of $326, 11 O.
Encroachment Permit Agreement - McConnell Foundation
(A-070-045 & A-OlO-040)
It is the recommendation of the Development Services Director that the City Council
authorize staff to approve an encroachment permit with McConnell Foundation for
construction of a maintenance building within a public service easement at 899 North Market
Street.
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Award of Bid - Bid Schedule No. 3806, Scott Road Water Main Replacement
(B-050-020 & W -030-725)
It is the recommendation of the Development Services Director that Bid Schedule No. 3806
(Job No. 2244), Scott Road Water Main Replacement be awarded to MDS Construction in
the amount of $92,850, with an additional $15,000 for administration and inspection fees,
and an additional $9,300 for a construction contingency fund, for a total of$ll7,150.
Subdivision Agreement - Terra Vista Estates SubQivision
(S-1 01-046)
It is the recommendation of the Development Services Director that the City Council
authorize the Mayor to execu,te the Subdivision Agreement with Gary Duckett for Terra Vista
Estates Subdivision (S-9-02), located on the east side of Chum Creek Road at Loma Vista
Street.
Consulting Agreement - Boyle Engineering Corporation
(A-170-075)
It is the recommendation of the Development Services Director that the City Council
authorize the Mayor to execute the Consulting Agreement with Boyle Engineering
Corporation resulting from award of Bid Schedule No. 3804 (April 5, 2005) in an amount
not-to-exceed $300,000 for engineering services for a three-year term relating to services for
formation of new and administration of existing Landscape Maintenance Districts, funding
provided through collection of administrative charges from the district and portions of final
map processing fees.
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Council Member Murray observed that the recommendation included in the Report to City
Council dated April 26, 2005, stated that funding for the services of Boyle Engineering
Corporation would come from administrative charges collected from the districts and
development fees. He contended that it was not proper for such services to be funded
through development fees. Development S,ervices Director Hamilton concurred and advised
that the Report should have stated that funding would come from processing fees charged
at the time of the permitting.
Subdivision Agreement - River Ridge Terrace Unit 2
(S-100-654-700)
It is the recommendation of the Development Services Director that the City Council
authorize the Mayor to execute a Subdivision Agreement with Three Seasons Development
for River Ridge Terrace Subdivision, Unit 2, located south of Quartz Hill Road.
Design and Permitting - Shasta View Drive between Collyer Drive and Manzanol:lks Drive; I
and
Authorize Expenditure of Traffic Impact Fee (TIF) Funds - for same
(S-070-l00-700)
It is the recommendation of the Development Services Director that staff be directed to -
commence environmental permitting, right-of-way needs assessment, and design of for the
extension of Shasta View Drive between Collyer Drive and Manzanoaks Drive. It is further
recommended that an expenditure of Traffic Impact Fees (TIF) be authorized in the amount
of $500,000 for same.
Wastewater Service Charges - 810 Overhill Drive
(W-020-590-075)
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It is the recommendation of the Assistant City Manager that the City Council approve the
transfer of previously paid wastewater services funds paid by the Elizabeth Ann Hunt Living
Trust at 810 Overhill Drive for payment in-full of wastewater connection fees. Wastewater
service charges were paid in error because the owners believed they were connected to City
services. The residents are now removing the septic system at 810 Overhill Drive and will
connect to City services.
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Resolution - Approving Administration of Workers' Compensation Claims In-house
(R-l 00-950-1 00)
It is the recommendation ofthe Personnel Director that Resolution No. 2005-57, a resolution
of the City Council of the City of Redding, approving in-house administration of Worker's
Compensation claims, effective July 1, 2005.
MOTION: Made by Council Member Murray, 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 - Dickerson, Murray, Pohlmeyer, Stegall and
Mathena
Council Members - None
Council Members - None
Council Members - None
NOES:
ABSTAIN:
ABSENT:
Resolution Nos. 2005-52, 2005-53, 2005-54, 2005-55, 2005-56, and 2005-57 are on file in
the Office of the City Clerk.
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PUBLIC HEARING
RESOLUTION - Accepting the 2005-2009 Consolidated Plan for Community Development
Programs
(G-lOO-030-l00 & G-100-075)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
the 2005-2009 Consolidated Plan for Community Development Programs.
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 written protests were received.
. Assistant City Manager Starman recalled that in May 2000, the City Council approved the
second Consolidated Plan (Plan) which was submitted to the U.S. Department of Housing
and Urban Development (HUD) and which provided a five-year plan for a unified vision
primarily for Community Development Block Grant (CDBG) and Home Investment
Partnerships (HOME) programs. He explained that in order to access program funds, a Plan
must be submitted every five years and developed in concert with the community, non-profit
agencies, and service providers.
Mr. Starman recommended that a resolution be adopted accepting the 2005-2009
Consolidated Plan for Community Development Programs.
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Richard Paz, Redding resident, expressed concern that not enough redevelopment funds are
being spent for low-income residents. He asserted that the Plan did not provide assurances
that homeless and special needs groups were monitored by citizen groups.
Mr. Starman responded that the criteria used to define a redevelopment project area
(generally blight) differs from the data (census and census tract information) used to
determine areas of need. He pointed out that the City Council has allowed utilization of
Redevelopment housing funds throughout the community, not just in project areas, and
invested heavily in many of the lower income neighborhoods such as Martin Luther King,
Jr. and Parkview, although the maps do not depict that funding.
Mr. Starman noted that there is oversight of homeless and special-needs care givers; pointing
out that the Continuum of Care is a collaboration of those types of agencies or care givers
and members participate by attending at least bi-monthlymeetings with discussions focused
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on how funding has been spent and invested in the community and the results of such
investments.
Council Member Murray indicated that he was supportive of the Plan but pointed out that
the Plan appeared to have some calculation inconsistencies. Mr. Starman that advised those
would be corrected prior to subrpittal to HUD.
Mayor Mathena determined that no other individual wished to address this matter and closed
the public hearing.
MOTION: Made by Council Member Dickerson, seconded by Council Member Stegall, that
Resolution No. 2005-58 be adopted, a Resolution ofthe City Council of the City of Redding
accepting the 2005-2009 Consolidated Plan for Community Development Programs, and
authorizing the City Manager to sign all necessary documents and submit the Plan to the U. S.
Department of Housing and Urban DevelQpment. The Vote:
Ayes: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
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Resolution No. 2005-58 is on file in the office of the City Clerk.
PUBLIC HEARING
RESOLUTION - Accepting the 2005-06 Action Plan and funding recommendations for the
Community Development Block Grant (CDBG) Program and the Home Investment
Partnerships (HOME) Program and submission to the U.S. Department of Housing and
Urban Development
(G-lOO-030-l00 & G-lOO-075)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
the 2005-06 Action Plan and funding recommendations for the Community Development
Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program.
The following document is on file in the Office of the City Clerk:
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Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Assistant City Manager Starman advise~ that, as an "entitlement city," Redding is required
each year, by the Department of Housing and Urban Development (HUD), to develop and
implement plans, programs, and projects that provide decent housing and e~onomic
opportunities for low- and moderate-income individuals and families. The Community
Development Advisory Committee (CDAC) recently concluded its review process and
finalized recommendations for use of Community Development Block Grant (CDBG) and
Home Investment Partnerships (HOME) Programs funds for the 2005-06 program year and
has submitted an Action Plan (Plan) for consideration.
Mr. Starman related that this year, the total amount available for CDBG allocations is
approximately $1,028,400 which includes $73,126 from previous CDBG recipients for
reallocation. Mr. Starman reviewed allocated funding amounts for various activities:
$145,243 is available for Public Service Activities, $306,940 for Housing Management
Services, $95,527 for Progr~m Administration, $20,000 for Long-Range Planning, and I
$430,690 for other eligible public activities. '
Mr. Starman stated that the City will receive $599,651 in HOME funds of which $539,686
is for various affordable housing programs and projects and $59,965 for general
administration.
Mr. Starman advised that the CDAC and staff recommend that the City Council adopt the
resolution accepting the proposed 2005-06 Action Plan and funding recommendations
regarding the CDBG program, HOME funds contained in the Action Plan, and authorizing
the City Manager to execute all necessary papers and file the Action Plan with HUD.
Richard Paz, Redding resident, expressed concern that just off Eureka Way, a number of care
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providers must utilize the street when taking wheelchair patients back and forth to the
medical facilities because the sidewalks do not afford adequate access. He urged that
Americans With Disabilities Act (ADA) projects be given more priority and completed more
expeditiously. He also observed that a newly-completed Caltrans improvement project on
Eureka Way near the high school had a number of utility poles in the middle ofthe sidewalks
obstructing handicapped movement.
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Mr. Starman responded that the City has invested $50,000 to $100,000 annually to ensure
that the City's sidewalks are ADA compliant, and although the City encompasses 60 square
miles, ADA continues to be a priority. He surmised that the Caltrans project mentioned
would be required to provide ADA compliance measures and suggested that Mr. paz contact
Caltrans for more information regarding that project.
Mayor Mathena determined that no other individual wished to address this matter and closed
the public hearing.
Council Member Dickerson recused himself from voting on this issue due to his service as
a Board Member on the Youth Violence Prevention Council which is a funding recipient.
MOTION: Made by Council Member Stegall, seconded by Council Member Murray,
adopting Resolution No. 2005-59, a resolution of the City Council of the City of Redding
accepting the 2005-06 Action Plan and funding recommendations relating to the Community
Development Block Grant (CDBG) Program and the Home Investment Partnerships
(HOME) Program and authorizing the City Manager to execute all necessary documents and
submit the Action Plan to the U.S. Department of Housing and Urban Development (HUD).
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members: Pohlmeyer, Murray, Stegall, and Mathena
Council Members: None
Council Members: Dickerson
Council Members: None
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Resolution No. 2005-59 is on file in the Office of the City Clerk.
PUBLIC HEARING - Addendum to the Mitigated Negative Declaration;
ORDINANCE - Rezoning Application RZ-3-05 - Redding Municipal Code Title 18
(L-OI0-230)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
an Addendum to the Mitigated Negative Declaration prepared for the Zoning Ordinance and
Zoning Map amendments for portions of Redding Municipal Code Title 18.
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.
. Development Services Director Hamilton related that after periodic review of rezoning
applications, it is sometimes necessary to make revisions to ensure that the zoning
designations and General Plan classifications of the properties are consistent as required by
State law. Rezoning Application RZ-3-05 is a refining measure to remove such
inconsistencies from the Zoning Map, and will affect approximately 71 properties.
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Mr. Hamilton recommended that findings be made and that the City Council adopt the
Addendum to the Mitigated Negative Declaration prepared for the City Zoning Map and that
the City Council approve amendments to the Zoning Map, rezoning certain parcels for
consistency with General Plan classifications, offer the ordinance for first reading by title
only, and waive the full reading.
Mayor Mathena determined that no one present wished to address this matter and closed the
public hearing.
MOTION: Made by Council Member Murray, seconded by Council Member Stegall,
making findings that:
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1. The Addendum to the Mitigated Negative Declaration for the previously adopted
Zoning Map provides the basis to determine that the proposed revisions will not have
any significant impact on the environment.
2. The Addendum and its supporting documentation reflect the independent judgment
and analysis of the City.
The Vote: Unanimous Ayes
Council Member Murray offered Ordinance No. 2344 for first reading, an ordinance of the
City Council of the City of Redding adopting the Addendum to the Mitigated Negative
Declaration prepared for the Zoning Map and adopting amendments to portions of the
Zoning Map ther,eby rezoning certain parcels to provide consistency with General Plan
classifications.
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MOTION: Made by Council Member Murray, seconded by Council Member Stegall, that
the full reading of Ordinance No. 2344 be waived and that the City Attorney be instructed
to read the ordinance by title only.
The Vote: Unanimous Ayes
PUBLIC HEARING -
RESOLUTION - Final Master Environmental Impact Report (EIR-2-02) for the Redding
Oasis Center
, (L-O 10-075)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
the Final Master Environmental Impact Report (EIR-2-02) for the Redding Oasis Center by ,
Levenson Development.
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 the following communications were received via fax
today, after the close of business and were, therefore, distrib~ted t9 the City Council and staff
this evening: a letter from Thomason Developm~nt Inc., supporting the project as a whole
but expressing concerns regarding approval of the EIR before the Oasis Road Specific Plan
is complete, and a letter from Cox, Castle & Nicholson, LLP representing Thomason
Development, Inc., consisting of nine pages alleging inadequacies ofthe Draft EIR and Final
Master EIR.
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Development Services Director Hamilton provided highlights ofthe Report to City Council
dated April 20, 2005, incorporated herein by reference, emphasizing that the only
consideration for the City Council, at this time, is the adequacy of the Final Master
Environmental Impact Report (FMEIR) for the Oasis Road Center (EIR-2-02) and that no
project is being presented for consideration. He pointed out that the environmental
documentation considers specific impacts to the environment should a project go forward.
He noted that when a project is brought forward for consideration, issues regarding project
construction such as traffic flow issues, etc.. could be mitigated through conditions of
approval.
Mr. Hamilton advised that the EIR identified three areas of unavoidable impacts which are
air quality (unavoidable when additional people and vehicles are added to an area),
hydrology, and storm water runoff.
~1.
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City Engineer Tippin stated that with regard to storm water runoff, the project, as proposed,
without any detention measures, would inundate approximately .4 acres ofland beyond the
100 year flood plain with .23 acres within the project and .17 outside the project area.
During analysis of potential flood water detention, it was determined that if detention was
applied it would result in inundation of 1.55 acres of additional land, making detention
pointless. He pointed out that a portion ofthe proposed project is on Salt Creek which flows
into Chum Creek and although this particular project would not impact Chum Creek enough
to require detention, additional future projects would probably require a detention process
to lower Chum Creek flood water eh::vations down stream
Linda Moore, Member of the Gold Hills Neighborhood Committee, Phyllis Pollock, Parker
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Pollock, Gail Rich, Diana Peacock, and Dennis Bettencourt expressed concerns regarding
the use of explosives during construction and resulting impacts to structures, financial
responsibility for damages, cumulative impacts of the project, downstream flooding, failure
to adequately address impacts by removing the proposed Hawley Road extension from the
analysis, recirculation issues, discrepancies of policy and practice, and urban sprawl.
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John Shuller, Redding resident, contended that the City Attorney's statement in the Report
to City Council that the project was not under consideration but would be considered at a
later date was in error. He asserted that a project description is required by CEQA in the EIR
and can only be interpreted to mean that there is a project.
Mike Ashby, Attorney for Levenson Development, urged certification of the FMEIR stating
that many concerns will be resolved when the actual project comes back for consideration
such as indemnification for the City and construction of a freeway interchange. He
maintained that recirculation of the EIR is not necessary, an opinion shared by City Attorney
Duvernay. He advised that Ms. Anna Shimko will be addressing the Council and she is not
only CEQA Counsel for Levenson Development, but also legal counsel on a leading
California Supreme Court case regarding recirculation ofEIRs.
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Anna Shimko, Counsel for Levenson Development, advised that Mr. Shuller, in his earlier
remarks regarding the project description confused the project description within the EIR
with an issue of project approval. She related that CEQA states that the City does not have
the authority to consider approval of a project until certification of an EIR, but once an EIR
is certified, action must take place on the project within 180 days. She related that after a
cursory review of the letter from Cox, Castle & Nicholson (received this evening), it appears
there is nothing that raises concern for her client with regard to the sufficiency of the FMEIR
or the need to recirculate the EIR. She stated the letter mis-characterizes CEQA
requirements, draws a number of the erroneous conclusions regarding the relationship
between the DEIR and the FMEIR, and alludes to insufficiencies of the EIR and project
approval issues. She stated that she prepared a memorandum regarding the recirculation
issue contained in the letter from Cox, Castle, & Nicholson, and the City Council was
welcome to review it. She urged certification of the FMEIR.
Mayor Mathena determined that no other individual wished to address this matter and Closed
the public hearing.
In response to Council Member Stegall, City Attorney Duvernay advised he had not had an
opportunity to review the lengthy and detailed letter from Cox, Castle, & Nicholson dated
May 3,2005, received this evening. He advised that City Council had the discretion, based
on the late receipt of the letter, and the fact that no one has had an opportunity to review the
information, to decide whether to accept it as part of the public hearing proceedings.
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Council Member Murray expressed concern regarding the City's liability in relation to the
mitigations listed in the FMEIR should there be litigation. Ms. Shimko advised that typically
litigation does not occur until after project approval when the Notice of Determination is
posted and the time for appeal begins. At that time, she pointed out that the applicant would
defend the FMEIR, but the City could be indemnified by the applicant to protect the City in
the event that litigation is brought forward. She noted that cities tend to rely primarily on the
developer's counsel. In regard to mitigations of the EIR, she explained that conditions of
approval for a project differentiate in that conditions of approval address policy topics that
are not directly related to environmental impacts, and additional mitigation measures and
conditions of approval, within legal limitations, can be part of the project provided there is
a nexus with the project impacts. Mr. Duvernay added that there is some exposure for the
City. In the eventuality oflitigation, awards for damages could be made if a court finds that
there is any minor defect in the document. He related that as a rule, there are usually issues
in these voluminous documents that can be found and raised at later hearings that were not
raised earlier. He recommended that the developer be urged to indemnify the City for court
fees at the time of project permitting.
In response to Council Member Murray, City Attorney Duvernay explained that the intricate
processing of the project will be worked on when the project is permitted and the only issue
for Council consideration at this point is whether or not to certify that the process has been
followed, and that the document is adequate and contains all mandatory elements as required.
He assured that certification ofthe EIR will not foreclose initiation of measures for particular
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concerns when the actual project comes forward for review and can include conditions of
approval at that time.
Paul Miller, author of the Environmental Impact Report for Levenson Development, stated
that possible blasting at the project site will be conducted in a controlled manner and only
iflarge bulldozers cannot gain access to a specific area. According to Mr. Miller, the use of
pile drivers is more detrimental than blasting because it has one ofthe most serious vibration
effects, and he stat~d that Caltrans has 4etermined that pile driving could affect structural
integrity between 25 and 50 feet away.
In response to Council Member Dickerson, Mr. Duvernay stated that a performance bond
could be required of the applicant at the time of permitting to ensure adequate funds to cover
potential claims.
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Council Member Murray stated that although he is a proponent of bringing industry to the
community, he believed it premature to approve a project for the Oasis Road area prior to
approval of the Oasis Road Specific Plan. He urged that a comprehensive financing plan be
in place for all infrastructure, adding that the developer should be required to provide funding
for later permanent improvements and should not be allowed to use all infrastructure
available at the location. He asked the City to consider working with area property owners
to create an assessment district to help fund infrastructure and perhaps build infrastructure
now. Mr. Murray added that the applicant must realize that payment of Traffic Impact Fees
does not limit traffic and street mitigation measures that may be imposed during the use
permit process.
Council Member Dickerson did not believe that the EIR adequately addressed cumulative
impacts such as the Hawley Road extension which was an inevitable future improvement.
Council Member Pohlmeyer pointed out that the future Hawley Road extension has been
identified in the General Plan since the 1970's, was affirmed in the recent 2000 General Plan,
and has been discussed extensively in relation to the Oasis Road development. He expressed
consternation over the delay in completion of the Oasis Road Specific Plan, recalling that it
was to have been completed many years ago. He believed it improper to attach approval of
a Use Permit to the eventual completion of the Specific Plan given the time element
involved.
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MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Murray,
excluding from the public hearing record late correspondence received on May 3,2005, from
Cox, Castle, & Nicholson and from Jon Thomason, and adopting Resolution No. 2005-60,
a resolution of the City Council of the City of Redding, making findings that: 1) the Final
Master Environmental Impact Report (FMEIR) for the Oasis Center Development has been
completed in compliance with CEQA, 2) all required notices for the Draft Master EIR
(DMEIR) and FMEIR were made, public hearings were held which did not present any
evidence to change conclusions in the DMEIR, with the exceptions and stipulations
regarding the unavoidable impacts referenced, 3) that changes or alterations have been
required in or incorporated into the project which avoid or substantially lessen the significant
environmental effects as identified in the FMEIR, 4) the changes or alterations are within the
responsibility or authority of the City and the FMEIR represent the City's independent
judgement and analysis, and 5) written comments on the DMEIR by state and local agencies
and individuals and responses to same were included in the FMEIR; and certifying the
completeness and adequacy of Master Environmental Impact Report EIR-2-02 for the
Redding Oasis Cen~er Development. The Vote:
AYES: Council Members - Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - Dickerson
ABSTAIN: Council Members - None
ABSENT: Council Members - None
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Resolution No. 2005-60 is on file in the Office ofthe City Clerk
At the hour of9:l0 p.m., Mayor Mathena declared the meeting in recess.
At the hour of 9:25 p.m., Mayor Mathena reconvened the meeting.
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APPOINTMENT - Redding Planning Commission
(B-080-300)
MOTION: Made by Council Member Dickerson, seconded by Council Member Pohlmeyer,
appointing Chris Arthur Young to the Planning Commission to serve a four-year term
expiring May 1,2009.
The Vote: Unanimous Ayes
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SHASTA COUNTY'S TAX EXCHANGE PROPOSAL
(T-01O-700 & T-01O-600)
Mayor Mathena related that he received two letters from the Shasta County Board of
Supervisors advising of its adoption of a proposed Global Tax Sharing Agreement that would
require that the City give the County approximately $9 million over a three-year period. Mr.
Mathena explained, however, that is does not appear that the County is offering anything to
the City in exchange.
In response to these letters, Mayor Mathena recommended that the City Council hold a
workshop to discuss the pros and cons of a tax exchange agreement and develop
recommendations.
Council Member Murray was uncomfortable in supporting a workshop before the extent of
the County's proposal was fully understood. He suggested that a City representative be
appointed to meet with the County's representative, Shasta County Supervisor Trish Clark,
for a fact-finding discussion.
Council Members Stegall and Pohlmeyer suggested that an invitation be extended to Shasta
County Board of Supervisors' Chair Kehoe to attend a Council meeting and address
questions from Council Members regarding the County proposal. Thereafter, a meeting to
discuss the proposal could be scheduled.
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Council Member Dickerson believed that the County's proposal was not complete and there
must be additional information to be gained by some type of joint meeting with the County.
He concurred with Council Member Murray regarding appointing a representative from the
City to meet with a representative from the County, but believed that staff would also need
to attend such a meeting to assist with logistics and details involved in such a proposal.
Council Member Pohlmeyer strongly opposed providing tax sharing monies to the County
without significant benefit to City residents.
MOTION: Made by Council Member Dickerson, seconded by Council Member Stegall,
approving appointment of a representative to attend a fact- finding meeting with the County's
representative, Supervisor Trish Clark, and be accompanied by appropriate staff.
The Vote: Unanimous Ayes
It was the consensus of the City Council to hold a special workshop meeting regarding a tax
sharing agreement on May 24, 2005, at 7:00 p.m.
Council Member Stegall nominated Mayor Mathena to be the City Council representative
to the fact finding meeting. Mayor Mathena declined the nomination.
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MOTION: Made by Mayor Mathena, seconded by Council Member Pohlmeyer, appointing
Council Member Murray to meet with Shasta County Supervisor Trish Clark regarding the
Shasta County Tax Sharing Proposal.
The Vote: Unanimous Ayes
UPDATE ON MAJOR PROJECTS - Stillwater Business Park
(A-050-080 & E-050-500)
Deputy City Manager Bachman advised that the schedule for the Stillwater Business Park
is on track and that the Environmental Initial Study and Environmental Impact Report
(EIS/EIR) have been circulated and the completed documents should be available this
summer. He related that when Mayor Mathena and Electric Utility Director Feider were in
Washington, D.C. recently, they met with Congressman Wally Herger who advised that he
and Senator Diane Feinstein are willing to support an additional $2 million for the Stillwater
Business Park. Congressman Herger also offered to schedule a meeting with the
Environmental Protection Agency (EP A) who is a co-sponsor of the environmental portion
ofthe project.
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Council Member Pohlmeyer suggested that all the permitting environmental agencies be
invited to tour the Stillwater Business Park project site.
No action was required on this informational item.
UPDATE RE VISION-SETTING PROCESS
(A-050-060)
City Manager Warren related that Certified Management Consultant Nick Webb has agreed
to facilitate the vision-setting process for the City of Redding. He explained that Mr. Webb
will first meet individually with Council Members and then schedule a public meeting for
Thursday, May 12, 2005, at 7:00 p.m. in the City Council Chambers to receive public input.
He said that the information and ideas gleaned from the public forum will be integrated into
a Vision-Setting Workshop/Special City Council meeting scheduled for Thursday, May 26,
2005, at 7:00 p.m.
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No action was required on this informational item.
MONTHLY FINANCIAL REPORT - Electric Utility
'(B-130-070)
Electric Utility Director Feider related that retail power sales revenue for March 2005, was
$859,983 or 1.6%, below projections. Operating revenue after energy costs is $1,705,564
or 7.4 above expectations. The total cost of electricity through March 2005, was
$19,670,330 or 40% above projections and the Utility's net operating results through March
was $2,266,107.
Mr. Feider reported that the trip to Washington, D.C. was related to energy issues before
Congress. He stated that Assemblyman La Malfa, in the California legislature had
championed the definition of hydro energy but it did not receive enough votes to get out of
Committee and will not be voted on this year. He related that a the Independent Systems
Operators (ISO) has anew Chairman of the Board and Chief Operating Executive (CEO) and
there are concerns that ISO is not living up to arrangements made with Redding Electric
Utility. Mr. Feider advised that he would keep the City Council apprised of any
developments.
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Mr. Feider recommended that the City Council accept the Monthly Financial Report for
March 2005.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Dickerson,
accepting the Monthly Financial Report for the Electric Utility for March 2005.
The Vote: Unanimous Ayes
PUBLIC POWER AGENCY PACIFIC NORTHWEST WIND ENERGY PROJECT WITH
PPM ENERGY - Participation in the Modesto-santa Clara-redding (M-S-R) ; and
SECOND AMENDMENT AND RESTATED PACIFIC NORTHWEST POWER SALES
AGREEMENT - M-S-R
(E-120-500 & E-120-270)
Electric Utility Director Feider recalled that Redding Electric Utility (REU), as part of the
Modesto-Santa Clara-Redding Public Power Agency (MSR), has participated in a contract
with the Bonneville Power Authority (BP A) through the Pacific Northwest Power Sales
Agreement (PNW -PSA). He related that the Agreement with BP A expires on September 30,
2005, and in anticipation of the portfolio loss, REU has negotiated a long-term purchase of
shaped and firmed wind energy from PPM Energy for a term of 20 to 30 years. REU's
participation would not exceed 30 MegaWatts (MW) to 50 MW nameplate capacity with a I
10 MW to 18 MW maximum delivery rate at a cost of approximately $0.063 per kilowatt-
hour beginning in 2006. REU's anticipated annual cost would be between $5.7 million to
$9.6 m~llion dependent on the amount of energy delivered to Redding. He noted that
safeguards are built into the contract to protect REU from various scenarios that could occur
in the future regarding pricing. He added that the Agreement is contingent upon federal
production tax credits being extended and could create the need for price mitigations within
the contract if not received.
Mr. Feider advised that a second possible opportunity for additional power resources for
REU is through a 50% share ofMSR' s interest as an owner in the public power White Creek
wind energy project but would not be available until 2007 or 2008. He advised that
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participation by MSR in either the PPM Energy or White Creek projects requires an
amendment to the PNW-PSA.
Mr. Feider recommended that the City Council approve REU's participation in the MSR
PNW-PSA with PPM Energy project, authorize the City Manager to execute the Second
Amendment and Restated Pacific Northwest Power Sales Agreement with MSR, and
authorize the City Manager to sell or layoff any green energy that may initially be surplus to
the City's energy needs.
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In response to Council Member Murray's concerns regarding veto power of Modesto (who
is not participating in the Second Amendment), Redding Electric Resource Planner Arthur
advised that legal counsel for MSR stated that because Modesto has optedout ofthe Second
Amendment Agreement, their percentage interest is zero and, therefore, they have no veto
power with regard to the terms of that Agreement.
MOTION: Made by Council Member Murray, seconded by Council Member Dickerson,
approving Redding Electric Utility participation in the Modesto-Santa Clara- Redding (MSR)
Pacific Northwest Power Sales Agreement with PPM Energy for shaped and firmed wind
energy fora term of 20 to 30 years, authorizing the City Manager to execute the Second
Amendment and Restated Pacific Northwest Power Sales Agreement with MSR, and
authorizing the City Manager to sell or layoff any green energy that may initially be surplus
to the City's energy needs.
The Vote: Unanimous Ayes
MONTHLY FINANCIAL REPORT - General Fund
(B-130-070) .
Deputy City Manager Bachman reported that total revenue at the end of March was $50
million or $12,332,156 (32.7%) above staffs cash flow projection. Expenditures at month
end, excluding encumbrances, total $48,377,237 or $3,669,484 (7.1 %) below staff s original
projection. Encumbrances total $4,460,349.
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Mr. Bachman recommended that the City Council accept the General Fund's Monthly
Financial Report for March 2005.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Stegall,
accepting the General Fund's Monthly Financial Report for March 2005.
The Vote: Unanimous Ayes
ORDINANCE - Adding Section 14.08.245 - Prohibited Additives, to Redding Municipal
Code Chapter 14.08 - Water
(W-030)
City Attorney Duvernay recalled that Measure A (Safe Drinking Water) was approved during
the November 2,2002, General Municipal Election as a citizen initiative but did not include
language incorporating it into the Redding Municipal Code (RMC). He advised that
pursuant to a request by citizens regarding codification of the initiative, the City Council
voted to incorporate the language into the RMC which will make it more readily accessible
to the public and facilitate enforcement should that ever be necessary.
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Mr. Duvernay recommended that the City Council approve an ordinance incorporating the
language of Measure A into the Redding Municipal Code by amending RMC Title 14 adding
Section 14.08.245, offer the ordinance for first reading by title only, and waive the full
reading.
Michael Czehstowski, Redding resident, urged approval of the ordinance.
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
amending Redding Municipal Code Chapter 14.08-Water by adding Section 14.08.245
relating to prohibited additives in the City's public water supply.
The Vote: Unanimous Ayes
Council Member Murray offered Ordinance No. 2345 for first reading, an ordinance ofthe
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City Council of the City of Redding amending Redding Municipal Code Chapter '14.08-
Water by adding Section 14.08.245 relating to prohibited additives in the City's public water
supply. ..'
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MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
that the full reading of Ordinance No. 2345 be waived and the City Attorney be instructed
to read the ordinance by title only.
The Vote: Unanimous Ayes
PUBLIC COMMENT
(T -080 & T -080-500) \
Al Fandrich, resident of River Park Highlands Subdivision, expressed concern regarding
safety issues at the turn from Bentwood Drive to Quartz Hill Road, and barricades located
at 470 River Park Drive. He asked that the barricades be removed.
City Engineer Tippin advised that he would contact Mr. Fandrich to discuss the issue.
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(S-070 & E-020)
Gail Rich, Redding resident, contended that the proposed extension of Hawley Road is
environmentally detrimental and no one has analyzed impacts to the creek that exists there.
She also expressed confusion regarding eminent domain proceedings.
(S-070-285)
Richard Paz thanked City staff for prompt attention to tree trimming and sidewalk repairs
near his property.
ADJOURNMENT
There being no further business, at the hour of 10:38 p.m., Mayor Mathena declared the
meeting adjourned.
APPROVED
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ATTEST:
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City Clerk '41
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