HomeMy WebLinkAboutMinutes - City Council - 2005-09-20
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City Council, Regular Meeting
Civic Center Council Chambers
777 Cypress Avenue,
Redding, California
September 20,2005 7:00 p.m.
The Pledge of Allegiance to the Flag was led by City Council Member Dickerson.
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The Invocation was offered by Police Chaplain Cyndee Thomas.
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, Deputy City Manager Bachman, City Attorney Duvernay, Development
Services Director Hamilton, City Clerk Strohmayer, Assistant City Clerk Sherman, and
Executive Assistant Stribley.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of minutes: Regular and Special Meetings of September 6,2005
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Approval of Payroll and Accounts Payable Registers
(A-050-100-500)
It is recommended that Accounts Payable Register No.5, check numbers 833049 through
833554 inclusive, in the amount of $8,531,008.25, for the period of September 1,2005,
through September 16, 2005; and Payroll Register No.6 electronic deposit transaction
numbers 171363 through 172127 and check numbers 526213 through 526439 inclusive, in
the amount of $2,310,710.55, for the period of August 28, 2005, through September 10,
2005, be approved.
TOTAL: $10,841,718.80
Ordinance - RZ-4-05, rezoning Tarmac Ridge Villas Subdivision
(L-01O-211-016/L-01O-230/S-101-092)
It is the recommendation of the Development Services Director that Ordinance No. 2351 be
adopted, an ordinance of the City Council of the City of Redding amending section
18.06.020 of the Redding Municipal Code relating to Rezoning application RZ-4-05
rezoning Tarmac Ridge Villas Subdivision property to "RM-15-PD" Residential Multiple
Family District with Planned Development Overlay District, located northwest of the
intersection of Shasta View Drive and Tarmac Road, by Seastar, Inc.
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Ordinance - RZ-5-04 rezoning 3655 and 3600 Argyle Road and 3901 Airport Road, by
Clover Creek Village, LLC
(L-01O-230)
It is the recommendation of the Development Services Director that Ordinance No. 2352 be
adopted, an ordinance of the City Council of the City of Redding amending the Zoning Map
of the Redding Municipal Code approving Rezoning Application RZ-05-04 by Clover Creek
Village, LLC, rezoning 3655 and 3600 Argyle Road and 3901 Airport Road, from "HC"
"Heavy Commercial District and "RM-15" Residential Multiple Family District to "GC"
General Commercial District, "GO" General Office District, "RM -15" Residential, Multiple
Family District and "RS-2" Residential Single Family District.
Ordinance - RZ-3-04 Matrix Subdivision
(L-01O-230)
It is the recommendation of the Development Services Director that Ordinance No. 2353 be
adopted, an ordinance ofthe City Council of the City of Redding amending the Zoning Map
of the Redding Municipal Code approving Rezoning Application, RZ-03-04 by Rob
Middleton, rezoning 1.5 acres of the Matrix Subdivision, located at 4050 Eureka Way from
"GO" General Office District to "RS-3" Residential Single Family District.
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Industrial Development Incentive Agreement - Ferrosaur, Inc.
(E-050 & E-090-070)
It is the recommendation of the City Manager that the City Council authorize the Mayor to
execute an Industrial Development Incentive Agreement with Ferrosaur, Inc. in the amount
of $10,000 as job credits for adding lO-full time employees to its workforce.
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 August 2005.
New Employee Classification - Senior Housing Specialist I
(P-100-320 & P-100-050-126)
It is the recommendation of the Assistant City Manager that the City Council approve
creation of a new employee classification, Senior Housing Specialist, in order to reorganize
the Redding Housing Authority which is anticipated to save approximately $50,000 annually.
Notice of Completion - Bid Schedule No. 3720, installation of a second 115/12kV
transformer bank at Moore Road Substation
(B-050-020 & E-090-140-475)
It is the recommendation of the Electric Utility Director that Bid Schedule No. 3720,
installation of a second 115/12kV transformer bank at Moore Road Substation awarded to
Cal- Electro, Inc. be accepted as satisfactorily completed and that the City Clerk be authorized
to file a Notice of Completion. The final price is $674,000.
Resolution - Proclaiming the week of October 2-8,2005, as "Public Power Week"
(A-050-060-600 & E-090)
It is the recommendation of the Electric Utility Director that Resolution No. 2005-122 be
adopted, a resolution of the City Council of the City of Redding, proclaiming the week of
October 2-8,2005, as "Public Power Week" in honor of the Redding Electric Utility's 84
years of service to the community.
Funding Agreement - East Redding Little League
Resolution - Appropriating Park Development funds for improvements at Alta Mesa
Ballfield
(B-130-070/B-130-030/P-050-600-01O)
It is the recommendation ofthe Community Services Director that the City Council approve
the Funding Agreement with East Redding Little League in the amount of $6,000 (Park
Development Funds) to provide improvements at the Alta Mesa Ballfield.
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It is further recommended that Resolution No. 2005-123 be adopted, a resolution of the City
Council of the City of Redding approving and adopting the 8th amendment to City Budget
Resolution No. 2005-77 appropriating $6,000 in Park Development funds for improvements
at the Alta Mesa Ballfield for fiscal year 2005-06.
Joint Use Agreement - Enterprise School District
Resolution - Appropriating Park Development Funds for improvements at the Alta Mesa
School Gymnasium
(B-130-070 & E-060-325)
It is the recommendation of the Community Services Director that the City Council approve
a five-year Joint Use Agreement with the Enterprise School District to provide $30,000 to
in Park Development funds to resurface the playground at the Alta Mesa School Gymnasium
in return for use of the gymnasium evenings and weekends on a non-conflicting basis. I
It is further recommended that Resolution No. 2005-124 be adopted, a resolution ofthe City
Council of the City of Redding approving and adopting the 9th amendment to City Budget
Resolution No. 2005-77 appropriating $30,000 in Park Development funds for the Alta Mesa
Gymnasium Joint Use Agreement for fiscal year 2005-06.
Grant - U.S. Department of Justice for the Bulletproof Vest Partnership Program
(G-100-070 & P-150-150)
It is the recommendation of the Police Chief that the City Council accept a grant from the
U.S. Department of Justice through the Bulletproof V est Partnership Program in the amount
of $5,255.
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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 2005. Total revenue at the end of July is
$5 million or $1 ,586,031 (46.3 %) above staffs cash flow projection. Expenditures at month-
end, excluding encumbrances, total $5,983,607 or $756,063 (14.4%) above staffs original
projection. Encumbrances total $4,468,323.
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First Amendment to the Agreement (C-3874) - Enterprise Rent-A-Car Sacramento
(C-070-100 & A-090-100)
It is the recommendation of the Deputy City Manager that the City Council approve the First
Amendment to the Agreement with Enterprise Rent-A-Car Sacramento for installation of a
key drop box within the public parking lot at the Redding Municipal Airport with an annual
fee of $250.
Ground Lease Agreement - Lyle Tullis and Boyce Muse at Redding Municipal Airport
(C-070-100 & A-090-100)
It is the recommendation of the Deputy City Manager that the City Council approve the
Ground Lease Agreement with Lyle Tullis and Boyce Muse to construct an 80-foot by 80-
foot aircraft storage hangar and connecting apron at the Redding Municipal Airport. The
term of the lease is for 30- year beginning October 1, 2005, in the amount of $235 per month
for the first 12 months and increase 3 % annually. At the end of the 30-year term the
improvements revert to Redding Municipal Airport and the lessee will then have 2 five-year
options to rent the' ground and hangar improvements.
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Resolution - Approving the Disadvantaged Business Enterprise Program Overall Goals and
Methodology for Federal fiscal year 2005-06
(G-100-070-070)
It is the recommendation of the Development Services Director that Resolution No. 2005-
125 be adopted, a resolution of the City Council of the City of Redding, setting the
Disadvantaged Business Enterprise (DBE) Program Annual Overall Goals and Methodology
for federal fiscal year 2005-06 of 6.96% as it pertains to Federal Highway Administration
funding through the U.S. Department of Transportation.
Specify Vaughn Chopper Mixing System - Clear Creek Wastewater Treatment Plant Digester
Mixing System Replacement Project
(W-01O-450)
It is the recommendation of the Development Services Director that the City Council find
that the Vaughn chopper mixing system be specified for the Clear Creek Wastewater
Treatment Plant Digester Mixing System Replacement Project in order to minimize the
number of spare parts and equipment needed and to maintain the same level of performance
as the previous Vaughn chopper equipment provided.
Award of Bid - Bid Schedule No. 3863,2005-06 Slurry Seal Project No.1
(B-050-020 & S-070-200)
It is the recommendation of the Development Services Director that Bid Schedule No. 3863
(Job No. 2248), 2005-06 Slurry Seal Project No.1 be awarded to Valley Slurry Seal
Company in the amount of $347,764.88, and an additional $35,000 be approved for
administration and inspection fees and $35,000 for a construction contingency fund for a
total amount of $417,764.88.
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Award of Bid - Bid Schedule No. 3844, Shasta View DriveIHartnell Avenue Traffic Signal
(B-050-020 & T -080-700)
It is the recommendation ofthe Development Services Director that Bid Schedule No. 3844
(Job No. 2243), Shasta View DriveIHartnell Avenue Traffic Signal be awarded to H & H
Electric in the amount of$319 ,687 , and an additional $31,000 be approved for administration
and inspection fees, and an additional $31,000 to provide a construction contingency fund
for a total of $381 ,681.
Final Map and Subdivision Agreement - Cerra Vista Subdivision
(S-101-063)
It is the recommendation of the Development Services Director that the City Council approve
the final map for Cerro Vista Subdivision (S-13-03), located south of Radio Lane and east
of the ACID Canal, by CRB Properties, LLC, that the Mayor be authorized to execute the
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Subdivision Agreement, and that the City Clerk be instructed to file the map with the Shasta
County Recorder.
Resolution - Appropriating funds for the Buckeye Reservoir Repair Project
(B-130-070 & W -030-450)' .
It is the recommendation of the Assistant City Manager that Resolution No. 2005-126 be
adopted, a resolution of the City Council of the City of Redding approving and adopting the
7th amendment to City Budget Resolution No. 2005-77 appropriating $125,000 for the
Buckeye Reservoir Repair Project for fiscal year 2005-06 to extend the life of the reservoir.
Resolution - Appropriating funds for storm drain extension at River Ridge Drive I
(B-130-070 & S-060-150) \ \
It is the recommendation of the Assistant City Manager the City Council authorize staff to
proceed with design and construction of a storm drain pipe project to extend the storm drain
to 1225 River Ridge Drive and approving awarding sole source construction to N & T
Digmore pursuant to Redding Municipal Code Section 4.20.170.
It is further recommended that Resolution No. 2005-127 be adopted, a resolution of the City
Council of the City of Redding approving and adopting the 6th amendment to City Budget
Resolution No. 2005-77 appropriating $25,000 in Storm Drain Capital Outlay funds for
same.
MOTION: Made by Council Member Dickerson, seconded by Council Member Pohlmeyer,
that all the foregoing items on the Consent Calendar be approved and adopted as
recommended. The Vote:
AYES: Council Members - Dickerson, Pohlmeyer, Murray, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Ordinance Nos. 2351,2352,and 2353 and Resolution Nos. 2005-122, 2005-123, 2005-124,
2005-125,2005-126, and 2005-127 are on file in the Office of the City Clerk.
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PUBLIC HEARING & SPECIAL ELECTION
RESOLUTION - Certifying the Election for Landscape Maintenance District "B",
Annexation of Darsha Lane into Area 3, and Levying annual assessments for fiscal year
2005-06
(A-170-075-051)
The hour of 7 :00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for Landscape Maintenance District "B" (LMD "B") annexing
Darsha Lane Subdivision into Area 3 of LMD "B", and levying the annual assessments for
fiscal year 2005-06.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton explained that formation, annexation, detachment, I
and assessment of certain properties within Landscape Maintenance Districts (LMDs) are
prescribed by the Landscaping and Lighting Act of 1972 (commencing with Section 22500
of the Streets and Highways Code) and more recently, Proposition 218 added requirements
such as a 45-day notice to affected property owners prior to action by a governing body. The
formation of LMDs provide a funding mechanism for improvements and maintenance of
landscaped areas within a subdivision including medians, open space, and entry areas. Only
developable lots are assessed ~nd the amount is based on the extent of improvements and
maintenance required. He added that improvements are constructed only as lots are sold to
ensure that early lot purchasers do not bear an inordinate cost of the overall improvements.
Mr. Hamilton advised that during the tentative subdivision map process, the developer can
be required to agree to the formation of a LMD as a condition of approval. He said that the
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fonnation of a LMD should take place while the developer is the primary property owner.
However, when lots are sold prior to fonnation of the district, an election must be held to
detennine the willingness of the new property owners to participate in fonning the district
and paying the annual assessments. In this case, it is proposed that six lots in the Darsha
Lane Subdivision be annexed into Area 3 of existing LMD "B" with an annual assessment
of $71.00 per lot. Mr. Hamilton related that 45 days prior to this evening's public hearing
(as prescribed by law), affected property owners were included in a Special Mailed-Ballot
Election which provided the necessary infonnation regarding the proposed annexation,
associated annual assessment amount, and a ballot on which to cast their vote in favor or
opposition.
Mr. Hamilton recommended that, ifthe proposed annexation passes, the City Council adopt
a resolution confinning the results of the election, the map(s) of the annexation contained in
the Engineer's Report, and ordering the annexation of Darsha Lane Subdivision into LMD
"B", ordering the improvements and levying the annual assessments for fiscal year 2005-06.
Mayor Mathena detennined that no one present wished to address this matter and closed the
public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "B."
With the votes tabulated, she certified that the ballots in favor (4) exceed the ballots in
opposition (2). Therefore, the proposed annexation of Darsha Lane Subdivision into Area
3 of Landscape Maintenance District "B" and annual assessments has passed.
MOTION: Made by Council Member Murray, seconded by Council Member Dickerson,
adopting Resolution No. 2005-130, a resolution of the City Council of the City of Redding,
confinning the results of the election and the map of the annexation of Darsha Lane
Subdivision into Area 3 of Landscape Maintenance District "B," ordering improvements and
the levying of the annual assessments for fiscal year 2005-06 pursuant to the Landscaping
and Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways
Code). The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2005-130 is on file in the Office of the City Clerk
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election for Detachment of Potter Manor Subdivision from
Area 6 of Landscape Maintenance District "C", annexation of Potter Manor into Area 20 of
Landscape Maintenance District "B ", and levying annual assessment for fiscal year 2005-06
(A-170-075-051 & A-170-075-052)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for detachment of Potter Manor Subdivision from Area 6 of
Landscape Maintenance District "C" into Area 20 of Landscape Maintenance District "B"
and levying annual assessments for fiscal year 2005-06.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the fonnation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the fonnation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
to fonnation of the district, an election must be held to detennine the willingness of the new
property owners to participate in fonning the district and paying the annual assessments.
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Mr. Hamilton related that the Potter Manor Subdivision contains 22 developable lots and is
currently included in Landscape Maintenance District "C" (LMD "C"). This LMD serves
as a holding district where completed lots wait for more defined improvements and a
minimal annual assessment of $7.46 per lot is imposed for administration purposes. Once
the improvements are completed and the majority of the landscaping installed, he said lot
areas are detached from LMD "C" and annexed to the appropriate district. It is proposed that
Potter Manor Subdivision be annexed into Area 20 of LMD "B" with an annual assessment
of $71.00.
Mr. Hamilton recommended that at the close of the public hearing, the ballots be tallied and,
ifthe proposed detachment and annexation passes, that a resolution be adopted certifying the I
election, ordering detachment of Potter Manor Subdivision from Area 6 of LMD "C" and
annexing it into Area 20 of LMD "B" with an annual assessment of $71.00 and that the
improvements be ordered and the annual assessment be levied.
Mayor Mathena determined that no one present wished to address this matter and closed the
public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted for Landscape Maintenance District "C" according to assessment proceedings
regarding the detachment and annexation of Potter Manor Subdivision. With the votes
tabulated, she certified that the ballots in opposition (9) exceed the ballots in favor (2).
Therefore, the proposed detachment of Potter Manor Subdivision from Area 6 of Landscape
Maintenance District "C," and annexation of Potter Manor Subdivision into Area 20 of
Landscape Maintenance District "B," and levy of annual assessments failed.
In response to Council Member Murray, Mr. Hamilton explained that Potter Manor
Subdivision was once part of a much larger subdivision, but a considerable portion of that
property was purchased by the City for the Clover Creek Preserve. He stated that the City
has installed most of the landscaping in that area and will move forward to create the LMD
as envisioned. He suggested that it may be advisable (given the results of the election) to
incorporate the maintenance of the landscaping into the ongoing maintenance of the Clover
Creek Preserve.
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City Manager Warren advised that alternatives resolving the LMD maintenance for Potter
Manor Subdivision would be provided for Council consideration at a future City Council
meeting.
It was the consensus of the City Council to accept the City Clerk's certification of the
election results regarding the proposed annexation of Potter Manor Subdivision into Area
20 of Landscape Maintenance District "B" and detachment from Area 6 of Landscape
Maintenance District "C" and because the measure failed, directed staff to return with
alternatives for funding improvements for the Potter Manor Subdivision.
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election and Formation of Landscape Maintenance District
"D"and levying annual assessment for fiscal year 2005-06
(A-170-075-053)
The hour of 7 :00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for the proposed formation of Landscape Maintenance District
"D", located adjacent to the Vistas Subdivision along Quartz Hill Road, and the levying of
annual assessment for fiscal year 2005-06.
The following documents are on file in the Office of the City Clerk:
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Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the formation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the formation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
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to fonnation of the district, an election must be held to detennine the willingness of the new
property owners to participate in fonning the district and paying the annual assessments.
Mr. Hamilton related that the fonnation of Landscape Maintenance District "D" (LMD "D")
involves 53 lots of the Vistas Subdivision and the proposed annual assessments per
developable lot is $612.26. .
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Mr. Hamilton recommended that upon completion of the ballot count, if favorable, that the
City Council adopt a resolution confinning the results of the election and the maps of LMD
"D" contained in the Engineer's Report, ordering fonnation of LMD "D", and ordering
improvements and levying of the annual assessments.
Mayor Mathena detennined that no one present wished to address this matter and closed the
public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "D."
With the votes tabulated, she certified that the ballots in favor (46) exceed the ballots in
opposition (12). Therefore, the proposed fonnation of Landscape Maintenance District "D"
and annual assessments has passed.
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MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-131, a resolution of the City Council of the City of Redding,
confinning the results of the election and the maps of Landscape Maintenance District "D"
(LMD "D") contained in the Engineer's Report, ordering the fonnation ofLMD "D", and
ordering improvements and the levying of the annual assessments. in the amount set forth
above for fiscal year 2005-06 pursuant to the Landscaping and Lighting Act of 1972
(commencing with Section 22500 ofthe Streets and Highways Code). The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2005-131 is on file in the Office ofthe City Clerk.
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election and Fonnation of Landscape Maintenance District
"F"and levying annual assessment for fiscal year 2005-06
(A-170-075-055)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification ofthe election for the fonnation of Landscape Maintenance District "F", located
adjacent to the Placer Pines Subdivision along Placer Road, and levying the annual
assessment for fiscal year 2005-06.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
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Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the fonnation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the fonnation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
to fonnation of the district, an election must be held to detennine the willingness of the new
property owners to participate in fonning the district and paying the annual assessments.
Mr. Hamilton related that the fonnation of Landscape Maintenance District "F" (LMD "F")
involves 44 lots of the Placer Pines Subdivision and the proposed annual assessments per
developable lot is $141.36.
Mr. Hamilton recommended that upon completion of the ballot count, if favorable, that the
City Council adopt a resolution confinning the results of the election and the maps ofLMD
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"F" contained in the Engineer's Report, ordering formation of LMD "F", and ordering
improvements and levying of the annual assessments.
Mayor Mathena determined that no one present wished to address this matter and closed the
public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "F."
With the votes tabulated, she certiQed that the ballots in favor (20) exceed the ballots in
opposition (17). Therefore, the proposed formation of Landscape Maintenance District "F"
and annual assessments has passed.
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-132, a resolution ofthe City Council of the City of Redding,
confirming the results of the election and the maps of Landscape Maintenance District "F"
(LMD "F") contained in the Engineer's Report, ordering the formation of LMD "F", and
ordering improvements and the levying of the annual assessments in the amount set forth
above for fiscal year 2005-06 pursuant to the Landscaping and Lighting Act of 1972
(commencing with Section 22500 of the Streets and Highways Code). The Vote:
AYES: Council Memb~rs - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Mempers - None
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Resolution No. 2005-132 is on file in the Office of the City Clerk.
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election and Formation of Landscape Maintenance District
"G"and levying annual assessment for fiscal year 2005-06
(A-170-075-056)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for the proposed formation of Landscape Maintenance District
"G", located adjacent to the Quail Run Subdivision, along Cockerill Drive, and levying
annual assessment for fiscal year 2005-06.
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The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the formation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the formation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
to formation of the district, an election must be held to determine the willingness of the new
property owners to participate in forming the district and paying the annual assessments.
Mr. Hamilton related that the formation of Landscape Maintenance District "G" (LMD "G")
involves 34 lots of the Quail Run Subdivision and the proposed annual assessments per
developable lot is $267.08.
Mr. Hamilton recommended that upon completion of the ballot count, if favorable, that the
City Council adopt a resolution confirming the results of the election and the maps of LMD
"G" contained in the Engineer's Report, ordering formation of LMD "G", and ordering
improvements and levying of the annual assessments.
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Mayor Mathena determined that no one present wished to address this matter and closed the
public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "G."
With the votes tabulated, she certified that the ballots in favor (40) exceed the ballots in
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opposition (7). Therefore, the proposed fonnation of Landscape Maintenance District "G"
and annual assessments has passed.
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-133, a resolution of the City Council of the City of Redding,
confinning the results of the election and the maps of Landscape Maintenance District "G"
(LMD "G") contained in the Engineer's Report, ordering the fonnation of LMD "G", and
ordering improvements and the levying of the annual assessments in the amount set forth
above for fiscal year 2005-06 pursuant to the Landscaping and Lighting Act of 1972
(commencing with Section 22500 ofthe Streets and Highways Code). The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: ( Council Members - None
Resolution No. 2005-133 is on file in the Office of the City Clerk
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election and Fonnation of Landscape Maintenance District
"L"and levying annual assessment for fiscal year 2005-06
(A-170-075-061)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for the proposed fonnation of Landscape Maintenance District
"L," located adjacent to the Terra Vista Estates Subdivision along Chum Creek Road and
Lorna Vista Drive, and levying annual assessment for fiscal year 2005-06.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the fonnation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the fonnation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
to fonnation of the district, an election must be held to detennine the willingness of the new
property owners to participate in fonning the district and paying the annual assessments.
Mr. Hamilton related that the fonnation of Landscape Maintenance District "L" (LMD "L")
involves 38 lots of the Terra Vista Subdivision and the proposed annual assessments per
developable lot is $352.30.
Mr. Hamilton recommended that upon completion of the ballot count, if favorable, that the
City Council adopt a resolution confinning the results of the election and the maps of LMD
"L" contained in the Engineer's Report, ordering fonnation of LMD "L", and ordering
improvements and levying of the annual assessments.
Gary Duckett, General Manager of Red Rock Investments and developer of Terra Vista
Subdivision expressed confusion regarding the voting criteria and the number of lots
attributed to him. He said that the proposed assessments to be levied are considerably higher
than indicated during the application process. Mr. Duckett stated that based on that
infonnation, he infonned potential lot purchasers of a much lesser fee than that being
assessed, and he asked that the assessment be reviewed.
Mr. Hamilton explained that the voting criteria is based on the most current Shasta County
Assessor property rolls available at the time election documents are prepared with each
parcel owner allotted one vote. He added that only those who cast a vote verbally or by
ballot, a~d the outcome is based on a majority of the votes received.
Mayor Mathena detennined that no other individual wished to address this matter and closed
the public hearing.
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228
Council Member Murray questioned if the amount of votes allotted to Mr. Duckett would
be at issue. City Attorney Duvernay advised that in order to address this issue, the public
hearing must be reopened so that information can be part of the official record.
MOTION: Made by Council Member Murray, seconded by Council Member Stegall,
reopening the public hearing regarding formation of Landscape Maintenance District "L."
The Vote: Unanimous Ayes
Mayor Mathena reopened the public hearing regarding formation of Landscape Maintenance
District "L". (LMD "L").
City Attorney Duvernay returned to the dias following consultation with Assistant City I
Attorney DeWalt and Mr. Duckett. Mr. Duvernay explained that early in the permitting
process, conditions of approval for a tenta~ive subdivision map require the developer to sign
a formal consent agreeing to the formation of an LMD. Mr. Duvernay said that when Mr.
Duckett challenged the number of parcels he owned during the public hearing, it was not
clear whether he cast a "yes" or "no" vote. Mr. Duvernay related that Mr. Duckett advised
he cast his ballot in favor of the LMD formation thus, fulfilling his earlier commitment.
Mayor Mathena determined that no other individual wished to address this matter and closed
the public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "L."
With the votes tabulated, she certified that the ballots in favor (31) exceed the ballots in
opposition (1). Therefore, the proposed formation of Landscape Maintenance District "L"
and annual assessments has passed.
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-134, a resolution of the City Council of the City of Redding,
confirming the results of the election and the maps of Landscape Maintenance District "L"
(LMD "L") contained in the Engineer's Report, ordering the formation of LMD "L", and
ordering improvements and the levying of the annual assessments in the amount set forth
above for fiscal year 2005-06 pursuant to the Landscaping and Lighting Act of 1972
(commencing with Section 22500 of the Streets and Highways Code). The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
I
Resolution No. 2005-134 is on file in the Office of the City Clerk
PUBLIC HEARING & ELECTION
RESOLUTION - Certifying the Election and Formation of Landscape Maintenance District
"M"and levying annual assessment for fiscal year 2005-06
(A-170-075-062)
The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
certification of the election for the proposed formation of Landscape Maintenance District
"M" , located adjacent to the Parkview Neighborllood Subdivision along Lanning Avenue and
Fell Street.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
I
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton advised that during the tentative subdivision map
process, the developer can be required to agree to the formation of a Landscape Maintenance
District (LMD) as a condition of approval. He said that the formation of a LMD should take
place while the developer is the primary property owner. However, when lots are sold prior
to formation of the district, an election must be held to determine the willingness of the new
property owners to participate in forming the district and paying the annual assessments.
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229
Mr. Hamilton related that the formation of Landscape Maintenance District "M" (LMD "M")
involves 33 lots of the ParkviewlLeland Subdivision and the proposed annual assessments
per developable lot is $241.00.
Mr. Hamilton recommended that upon completion ofthe tally of votes, iffavorable, that the
City Council adopt a resolution confirming the results of the election and the maps of LMD
"M" contained in the Engineer's Report, order formation of LMD "M", and order
improvements and the levying of the annual assessments.
I
Mayor Mathena determined that no other individual wished to address this matter and closed
the public hearing.
Election - City Clerk Strohmayer reported that the Special Mailed Ballot Election was
conducted according to assessment proceedings for Landscape Maintenance District "M."
With the votes tabulated, she certified that the ballots in favor (3) exceed the ballots in
opposition (0), therefore the proposed formation of Landscape Maintenance District "M" and
annual assessments has passed.
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-135, a resolution of the City Council of the City of Redding,
confirming the results of the election and the maps of Landscape Maintenance District "M"
(LMD "M") contained in the Engineer's Report, ordering the formation ofLMD "M", and
ordering improvements and the levying of the annual assessments in the amount set forth
above for fiscal year 2005-06 pursuant to the Landscaping and Lighting Act of 1972
(commencing with Section 22500 ofthe Streets and Highways Code). The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
I
Resolution No. 2005-135 is on file in the Office of the City Clerk.
PUBLIC HEARING - Landscape Maintenance District "]"
(A-170-075-059)
The hour of 7 :00 p.m. having arrived, Mayor Mathena opened the public hearing regarding
the proposed formation of Landscape Maintenance District "]", located adjacent to the
Sunset Avenues Subdivision Unit 1, along Sunflower Drive. and Buenaventura Boulevard.
The following documents are on file in the Office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Affidavit of Mailing - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Development Services Director Hamilton explained that the public hearing and certification
of election for Landscape Maintenance District "]" (LMD "J") was set for this date.
However, a district boundary map error was discovered which necessitates rescheduling the
public hearing to November 1, 2005, in order to accurately re-ballot affected property
owners. Mr. Hamilton added that anyone wishing to provide public comment could 0 so at
this time. .
I
Mr. Hamilton recommended that upon closing the public hearing, the City Council set a
public hearing for November 1, 2005, to certify the results of the Special Mailed Ballot
Election and consider formation of LMD "]", and the levying and collection of assessments
in LMD "]", if appropriate, for fiscal year 2005-06,pursuant to the Landscaping and Lighting
Act of 1972 (commencing with Section 22500 of the Streets and Highways Code).
Mayor Mathena determined that no one present wished to address this matter and closed the
public hearing.
9/20/2005
230
MOTION: Made by Council Member Stegall, seconded by Council Member DickerSon,
setting the public hearing for November 1,2005, to consider election and formation of
Landscape Maintenance District "J", and the levying and collection of assessments in
Landscape Maintenance District" J" for fiscal year 2005-06 pursuant to the Landscaping and
Lighting Act of 1972 (commencing with Section 22500 of the Streets and Highways Code).
The Vote: Unanimous Ayes
UPDATE ON MAJOR PROJECTS - New Housing Project by Habitat for Humanity located
in the Martin Luth.er King, Jr. Neighborhood
(A-050-080 & S-101-087)
Assistant City Manager Starman related that Habitat for Humanity Shasta Cascade (Habitat) I
has completed several projects within the City in the last few years and this particular project
is a combined effort between Habitat, the Redding Redevelopment Agency (RRA), and the
City. He stated that the project consists of constructing three homes in the Martin Luther
King, Jr. Neighborhood at Henry and Railroad Avenues and was approved by the City
Council in November of 2004. He provided slides of construction progress and noted that
the Faithworks multi-family project is under construction, as well, next door to Habitat and
will provide 13-units of transitional housing. He added that Habitat intends to construct an
additional seven single-family homes at the end of Henry Avenue.
Mr. Starman stated that the City and RRA provided $135,000 in the form of land for the
Habitat Project, grant funds in the amount of $300,000 and Redding Electric Utility (REU)
is providing up to $5,000 per home for energy efficient upgrades. He advised that the project
is nearing completion and pointed out that significant strides toward revitalization of the
Martin Luther King, Jr. Neighborhood have been made.
Mr. Starman also reported that during the last Habitat "Workday," the City Manager assisted
in the project and extended an invitation for City staff and the public to help Habitat on its
next "Workday" to complete these much needed homes.
No action was required on this informational item.
I
UPDATE ON MAJOR PROJECTS - Stillwater Business Park
(A-050-080 & E-050-500)
Deputy City Manager Bachman advised that the Public Review Draft Environmental Initial
Study (EIS) and Environmental Impact Report (EIR) for the Stillwater Business Park have
been completed. A supplement to the EIS/EIR including comments from various agencies
was recirculated to those agencies for further review and comment. He anticipated that the
document will be published in the Federal Register on September 30,2005, which will begin
a forty-five (45) day comment period. When those comments are received and incorporated
as necessary, the document should be available for City Council review. He related that the
project schedule has not changed with the anticipated opening of Stillwater in 2007.
Mr. Bachman advised that staff would be requesting authorization at the next meeting to
begin negotiations with Shasta County regarding a tax exchange agreement for the Stillwater
Business Park property annexation. He pointed out that annexation can not begin until the
environmental process is complete, but a tax exchange agreement must also be in place
before annexation, as it is consistently a delaying point to the proceedings.
No action was required on this informational item.
SET PUBLIC HEARING - Proposed amendment to the Schedule of Fees and Service
Charges relative to Planning and Engineering processing fees; and
Use of credit cards for fee payments
(F-205-600 & A-050-122)
Development Services Director Hamilton related that a careful review has been made of the
time necessary to process discretionary Planning approvals, such as subdivision maps,
conditional use permits, environmental impact reports, and other processes typically involve
a considerable amount of public input. These reviews function to ensure compliance with
the General Plan, and state and federal law , particularly the Subdivision Map Act and the
environmental review process which requires a substantial amount of staff time and effort.
I
Mr. Hamilton recalled that in June, the City Council approved the 2005-07 Biennial Budget
for the Development Services Department with the assumption that a minimum recovery of
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231
15 % of such development fees would be instituted to accomplish budgetary goals proposed
within the document. He also recalled that in 2003, the City Council directed the
Development Services Department to adjust fees to recoup 15 % of the costs involved in
discretionary approvals. He related that the Department was able to recoup 14.2 % of
discretionary fees last year, with the exception of subdivision review and environmental
impact reports (EIR). Because those types of review are so intensive and require lengthy
review periods, it has been difficult to recoup the expenses involved. At this point, the
reviews are supported by the General Fund, and if the proposed changes are made in the fee
structure to recoup a greater percentage of staff time, it could mean a $1 million savings for
the General Fund.
I
Mr. Hamilton presented slides depicting the results of a study of development fees charged
by four cities similar in size citing Redding's fees in the median range. He advised that in
order to meet the minimum recovery rate of 15 % directed by the City Council, development
fees must be raised and that can be accomplished either with a flat fee, a time and materials
basis, or a combination of both.
Mr. Hamilton advised that a flat fee was recommended for all fee recovery items except
subdivision and environmental impact reports which staff believed should be processed on
a deposit basis so that projects that required less processing would be refunded a portion of
the deposit.
Mr. Hamilton stated that amending the Schedule of Fees and Service Charges relative to the
Planning processing fees would provide a 25 % recovery rate for fiscal year 2005-2006
effective November 1,2005, and a 30% recovery rate for fiscal year 2006-07 effective July
1,2005, not including the Consumer Price Index.
Mr. Hamilton stated that staff recommended a flat rate for all Planning fee increases except
subdivisions and environmental impact reports which would be processed on a deposit basis.
I
Mr. Hamilton also recommended that the City Council set the public hearing for October 4,
2005, to consider amending the Schedule of Fees and Service Charges and asked for
direction regarding the preferred fee structure.
Council Member Murray believed that the fee criteria should differ between a project that
creates controversy in the community, which mayor may not be the fault of the developer,
as opposed to a project that is more environmentally complex as a direct result of the location
. chosen by the developer. Mr. Hamilton concurred but explained that there is no way to
differentiate between the two types of projects during processing and it does not change the
amount of staff resources needed to process a particular project. He pointed out that there
are conditions which arise that are often not the under the control of the developer or by the
City Councilor staff.
Mr. Hamilton related that developers have requested to pay various development fees with
a credit card, however, it is estimated that the payment of development fees by credit card
would cost the City approximately $53,000 in credit card user fees. He stated there were
several possibilities to recoup the user fees, but City Council direction was needed.
I
City Manager Warren advised that developers have been allowed to use credit cards in the
past to pay for development impact fees, but the City may legally only collect a fee based on
the impacts and nothing more. He pointed out that the amounts are generally very large and
the City pays a fee based on the amount which is normally passed on to the user, but in the
case of development impact fees, there is a quandary because it is not legal to pass on that
user fee. The use of credit cards provides a convenience to the public, but it will cost the
General Fund around $53,000 annually to pay the credit card based fee. He stated that staff
is investigating a way to fund the fee but is requesting direction from the City Council before
proceeding.
Council Member Dickerson expressed concern that all taxpayers would have to subsidize the
user fees for the convenience of developers.
Council Member Murray stated that there are many functions subsidized by the City
throughout the community for convenience and developers should not be singled out.
9/20/2005
232
In response to Council Member Pohlmeyer, Mr. Hamilton confirmed that on page 3 of,the
Report to City Council dated September 20, 2005, the charges of $772 per year for
processing checks as opposed to the same volume oftransactions by credit cards is estimated
at $53,000, but should be corrected to read $64,000 each year.
Council Member Pohlmeyer concurred with Council Member Murray that the use of credit
cards should be available in all departments of the City or not at all.
The City Council directed staff to provide alternatives for funding credit card use fee
transactions and bring a report back for consideration.
MOTION: Made by Council Member Murray, seconded by Council Member Stegall, setting I
a public hearing for October 4, 2005, to consider amending the Schedule of Fees and Service
Charges to incorporate changes to Planning and Engineering processing fees.
The Vote: Unanimous Ayes
RESOLUTION - Establishing City Council Policy No. 1705, Procedures and Policies
governing Landscape Maintenance Districts
(A-050-060-555 & A-170-075)
Development Services Director Hamilton related that formation of landscape maintenance
districts (LMDs) is generally governed by the Landscaping and Lighting Act of 1972
commencing with Section 22500 ofthe Streets and Highways Code and provisions of state
Proposition 218. He stated that staff reviewed those requirements and prepared a City
Council Policy to establish a City-wide framework for creation and management of LMDs
in compliance with state and federal law and the General Plan.
In response to Council Member Murray, Mr. Hamilton assured that the proposed policy
would provide a close estimate of annual assessments through an Engineer's Report provided
at the final-map stage of a subdivision development process so a developer will be able to
disclose a more accurate assessment amount to a future lot purchaser.
Council Member Murray also expressed concern that should a developer go bankrupt who
has an approved phased subdivision with a LMD and some completed portions of the
required improvements, who would be responsible for the portions of the LMD
improvements not completed and who would pay the assessment for those already
completed. He questioned what types of securities or liens would be in place to address that
event.
I
Mr. Hamilton responded that there would be safeguards and noted that annual assessments
are based only on improvements already in place. He pointed out that not all improvements
will be in place until buildout of the subdivision, so property owners will only be assessed
for completed improvements, and no further improvements would be permitted. He noted
that securities are required of developers to ensure completion of improvements based on the
tentative map, but the City can also utilize liens.
City Attorney Duvernay explained that there are no guarantees regarding potential problems
with subdivisions. But he advised that with the experience of staff, the proposed policy will
help direct the formation of LMDs so as to alleviate many types of problems previously
encountered.
MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Stegall,
adopting Resolution No. 2005-128, a resolution of the City Council of the City of Redding,
establishing City Council Policy No. 1705 - "Procedures and Policies Governing Landscape
Maintenance Districts" to ensure that such districts are formed appropriately and in a manner
consistent with state and federal law and consistent with the General Plan, effective
November 1,2005. The Vote:
A YES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
I
Resolution No. 2005-128 is on file in the Office of the City Clerk
9/20/2005
233
END-OF-YEAR BUDGET REPORT; and
RESOLUTION - Appropriating final budget adjustments for fiscal year 2004-05
(B-130-070)
Deputy City Manager Bachman advised that the End-of- Year Budget Report includes final
adjustments recommended by staff for fiscal year 2005. He related that the expenditures
including encumbrances were more than $5 million below the amounts appropriated in the
General Fund.
I
Mr. Bachman pointed out that certain line items were in excess of amounts appropriated and
would need adjustment in the General Fund. Some of those are $367,610 for increase in
retirement costs and group health insurance, increase in the City Clerk's personnel costs of
$11,000, increase in the City Treasurer's personnel cost of$28,730, and Community Service
Administration personnel costs increased by $4,100. He noted these increases are reflected
in the General Fund's Ten- Year Plan beginning balance.
Mr. Bachman advised that funds other than the General Fund required adjustments, such as
increased retirement costs and group health insurance in the amount of $111,470, increased
promotion expense at the Redding Convention Center of $7,500, increased mail expense at
the Convention and Visitor's Bureau of $7,900, and increased appropriations in the Storm
Drainage Fund in the amount of $78,500. He pointed out that sufficient funds are available
from unspent appropriations or reserves to address the increases.
Mr. Bachman recommended that a resolution be adopted appropriating $650,510 for the final
budget adjustments for fiscal year 2004-05.
I
MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer,
adopting Resolution No. 2005-129, a resolution of the City Council of the City of Redding,
approving and adopting the ll1th amendment to City Budget Resolution No. 2003-103
appropriating $650,510 for final budget adjustments for fiscal year 2004-05. The Vote:
AYES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
Resolution No. 2005-129 is on file in the Office of the City Clerk
ADJOURNMENT
There being no further business, at the hour of 8:20 p.m., Mayor Mathena declared the
meeting adjourned.
APPROVED
I
ATTEST:
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City Clerk / ~1-
9/20/2005