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HomeMy WebLinkAboutMinutes - City Council - 2005-11-01 259 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue, Redding, California November 1,2005 7:00 p.m. '- The Pledge of Allegiance to the Flag was led by City Council Member Pohlmeyer. The Invocation was offered by Police Chaplain Ben Adams. I 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, Electric Utility Director Feider, Development Services Director Hamilton, Finance Officer Strong, Administrative Assistant to the City Manager Cherpeski, 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 - Special Meeting of September 19,2005, Regular Meeting of October 4, 2005, and Special Meeting of October 17, 2005 I Approval of Payroll and Accounts Payable Registers (A-050-100-500) It is recommended that A~counts Payable Register No.8, check numbers 834414 through 834875 inclusive, in the amount of $11,462,613.82, for the period of October 17,2005, through October 31,2005; and Payroll Register No.9, electronic deposit transaction numbers 173697 through 174447 and check numbers 526941 through 527146 inclusive, in the amount of$2,269,258.83, for the period of October 9, 2005, through October 22, 2005, be approved. TOTAL: $13,731,872.65 Treasurer's Report - September 2005 (A-050-100-600) Total Treasurer's Accountability $129,376,621.15 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities $195,873,196.92 ACR133 Report and Cash Reconciliation (F-205-095-650) It is the recommendation ofthe Deputy City Manager that the ACR133 Report and the Proof of Cash Reconciliation for September 2005 be accepted. I Renewal of the Memorandum of Understanding - Turtle Bay Exploration Park for the Sundial Bridge and ancillary facilities (S-070-050-500) It is the recommendation of the Support Services Director that the City Council authorize the City Manager to execute a renewal of the Memorandum of Understanding (MOD) with Turtle Bay Exploration Park for scheduling, operation, and maintenance of the Sundial Bridge and ancillary facilities (C-4212) in the amount of $130,000 for the first year to be renewed on a year-to-year basis with adjusted compensation as mutually agreed upon and authorizing the City Manager to make modifications as necessary and negotiate further compensation to offset maintenance and operations costs. Second Amendment to Agreement - Pacific Municipal Consultants for the West Ridge Master Plan Environmental Impact Report (EIR) (L-01O-075) It is the recommendation of the Development Services Director that the City Council approve the Second Amendment to the Agreement with Pacific Municipal Consultants (C-4156) for the West Ridge Master Plan Environmental Impact Report (EIR) approved by the City 11/1/2005 260 Council at its meeting of May 4, 2004. The amendment will include 50.19 acres of private development in the area of Power Line Road and extends the completion date ofthe contract to April 30, 2006 and increases the fee amount to $162,395. The additional $11,355 will be paid by the West Ridge Project applicant. Resolution - Approving execution of Supplement No.,4 to the Northern California Power Agency (NCPA) Joint Powers Agreement to implement the full membership of the San Francisco Bay Area Rapid Transit (BART) District (E-120-400) It is the recommendation of the Electric Utility Director that Resolution No. 2005-146 be adopted, a resolution of the City Council of the City of Redding authorizing the Mayor to I execute Supplement No.4 to the Northern California Power Agency (NCPA) Joint Powers Agreement to implement the full membership of the San Francisco Bay Area Rapid Transit (BART) District. Final Design Services Agreement - Boyle Engineering Consultant Services Agreement - PACE Civil, Inc. (W -030-600& W -030-450) It is the recommendation of the Development Services Director that the City Council authorize the Mayor to execute a Final Design Services Agreement with Boyle Engineering for the Buckeye Water Treatment Plant Expansion Project in an amount not-to-exceed $640,000. It is further recommended that the Mayor be authorized to execute a Consultant Services Agreement with PACE Civil, Inc. to provide final design services for the Buckeye Transmission Main Extension Project in an amount not-to-exceed $160,000. Notice of Completion - Bid Schedule No. 3839,2005 Chum Creek Road Micro-Surfacing (B-050-020 & S-070-200) It is the recommendation of the Development Services Director that Bid Schedule No. 3839 (Job No. 2248),2005 Chum Creek Road Micro-Surfacing awarded to Graham Contractors be accepted as satisfactorily complete and that the City Clerk be authorized to file a Notice of Completion with the Shasta County Recorder. The final price is $322,771.46. I Emergency Water Intertie Agreement - Shasta Community Services District (W-030-500 & W-030-700) It is the recommendation of the Assistant City Manager that the City Council authorize the Mayor to execute an Emergency Intertie Agreement with the Shasta Community Service District allowing the City to receive or transfer water in case of an emergency water outage in an amount based on the current commodity rate per 100 cubic feet. The Agreement shall continue in effect until either party provides written notice of termination. Lease Agreements - Clear Wire LLC (C-070-100) It is the recommendation of the Assistant City Manager that the City Council authorize the Mayor to execute a Lease Agreement for 3100 Foothill Boulevard and a Lease Agreement for 941 Springer Drive with Clear Wire LLC for installation of wireless internet service equipment and antennas at those City water reservoir sites. The term of each Lease Agreement is for five years with an option to renew for four additional terms of five years if mutually agreeable in the amount for each Lease of $1,900 per month for the first year with a 3 % annual increase thereafter. Further, Clear Wire LLC will construct a 1,200 foot gravel road at the Foothill Reservoir site, and will mount panels and security cameras on the hand rail around the top of the tank at the Springer site. I Award of Bid - Bid Schedule No. 3878, Pavement Striping and/or Removal Services (B-050-100 & S-070-200) It is the recommendation of the Assistant City Manager that Bid Schedule No. 3878, Pavement Striping and/or Removal Services be awarded to Apply-A-Line in an amount not- to-exceed $255,000 for said service throughout the City. Resolution - Approving an Amendment to the Executive Management Pay-for-Performance Salary Plan (P-100-050-100 & P-100-320) It is the recommendation of the Personnel Director that Resolution No. 2005-147 be adopted, a resolution of the City Council of the City of Redding approving the amendment to the 11/1/2005 261 Executive Management Pay-for-Performance Salary Plan reclassifying the existing Permit Center Supervisor to a new classification title of Permit Center Manager with a salary range of $4,407 to $6,890, and retaining the Permit Center Supervisor classification to be filled at a later date. I MOTION: Made by Council Member Stegall, seconded by Council Member Dickerson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. The Vote: A YES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution Nos. 2005-146 and 2005-147 are on file in the Office of the City Clerk. PUBLIC HEARING & ELECTION RESOLUTION - Certifying the Election and Formation of Landscape Maintenance District "J"and levying annual assessment for fiscal year 2005-06 (A-170-075-059) The hour of 7 :00 p.m. having arrived, Mayor Mathena opened the public hearing regarding certification of the election for the formation of Landscape Maintenance District "J", for the Sunset Avenues Subdivision, Units 1 & 2, and levying of 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 I City Clerk Strohmayer advised that no protests were received. Development Services Director Hamilton explained that formation, annexation, detachment, 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 by Proposition 218 which added additional requirements. The formation of a LMD provides a funding mechanism for improvements and maintenance oflandscaped areas within a subdivision including medians, open space, and entry areas. Only developable lots are assessed and 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. 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. I Mr. Hamilton related that the formation of Landscape Maintenance District "J" (LMD "J") involves 63 lots ofthe Sunset Avenues Subdivision and the proposed annual assessments per developable lot is $464.22. Mr. Hamilton recommended that upon completion of the ballot count, if favorable, that the City Council adopt a resolution confirming the results ofthe election and the maps of LMD "]" contained in the Engineer's Report, ordering formation of LMD "J", 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 "J." With the votes tabulated, she certified that the ballots in favor (54) exceed the ballots in 11/1/2005 262 opposition (2). Therefore, the proposed formation of Landscape Maintenance District "J" and annual assessments have passed. MOTION: Made by Council Member Stegall, seconded by Council Member Dickerson, adopting Resolution No. 2005-149, a resolution ofthe City Council of the City of Redding, confirming the results of the election and the maps of Landscape Maintenance District, "J" (LMD "J") contained in the Epgineer's Report, ordering the formation of LMD "J", and ordering improvements and levying 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: A YES: Council Members - Dickerson, Murray, Pohlmeyer, Stegall, and Mathena I NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2005-149 is available in the Office of the City Clerk. PUBLIC HEARING - Appeal of the Planning Commission approval of Summerfield Meadows Unit 2 Tentative Subdivision Map (S-lOO-711) The hour of7:00 p.m. having arrived, Mayor Mathena opened the public hearing regarding an appeal submitted by Ivan Hall regarding the Planning Commission approval of Tentative Subdivision Map, S-1 0-0 1, Summerfield Meadows Unit 2, located north of Reflection Street, east of Seedling Drive, and west of Sacramento Drive, developed by Greg Snow. The following documents are on file in the OfQce 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. I Development Services Director Hamilton recalled that at its meeting of October 11, 2005, the Planning Commission approved the Summerfield Meadows Subdivision Unit 2 (S-lO- 01), which proposes to develop 57 single-family homes on 24 acres at the described location. He pointed out that because access to the Subdivision will be primarily from Star and Sacramento Drives and Girvan Road off Eastside Road, several property owners voiced concerns regarding traffic impacts, and asserted that the 2002 traffic study for those streets was "outdated." Mr. Hamilton advised that because of these concerns, the City's Engineering Division recently conducted traffic counts on affected streets and provided additional analyses of the Eastside Road/Star Drive intersection. He stated that the new analysis provided substantially higher traffic counts for some areas than was presented to the Planning Commission during its consideration of the development which may have affected its decision to approve Subdivision as presented. He noted that although the outcome may be the same, the information should be provided and re-evaluated by the Planning Commission prior to City Council consideration. Mr. Hamilton added that the new traffic information has been discussed with the developer. Mr. Hamilton stated that after review of the updated information, staff s recommendation has changed from that provided i~ the Report to City Council dated November 1,2005, by recommending that the appeal be upheld based on new information, that the issue be referred to the Planning Commission for further consideration with the updated traffic analysis, that the mitigated negative declaration prepared for the project be re-evaluated and corrections made (once completed, the mitigated negative declaration be re-circulated for public review and comment), and that the circulation notice for the Planning Commission meeting be expanded to encompass a larger geographic area. I In response to Mayor Mathena, Mr. Hamilton advised that the Traffic Engineer for the developer will be asked to utilize the City's new information, review level of service issues (particularly Sacramento Drive/Eastside Drive), and provide new and more accurate background information to the City. 11/1/2005 263 I Appellant Ivan Hall, Patty Duro, Richard Gunter, Teny Grafe, Wanda Lamb, Fred Westrip, Karen Reddin, Roy Reddin, Lany Sergent, Nick Porter, Candace Ratledge, Mary Carr, John Biendara, Chris Christenson, Hugh Tenney, Ben Adams, and Sean Vinson spoke to the issue of the proposed subdivision, and while many were not necessarily opposed to the development, they alleged that the associated traffic impact on the area had not been adequately addressed or reported. They pointed out that the traffic analysis of 2002 was outdated and they expressed concern regarding insufficient ingress and egress to the area, specifically in the case of an emergency evacuation. In addition, the residents were very concerned with hazardous driving and extreme speed exercised by drivers in their neighborhood exacerbated by the lack of curbs, gutters, and sidewalks. Jeff Swanson, Attorney for developer Greg Snow, clarified that there was no affirmative misrepresentation of the meaning of the "trip numbers" used in the original traffic study. The traffic count numbers supplied to the Planning Commission represented a sampling of area traffic, but not necessarily peak hour numbers. He maintained that although his client complied with all that was required of him, he supports staff s new recommendation to return the matter to the Planning Commission. Mayor Mathena determined that no other individual wished to address this matter and closed the public hearing. In light of the overwhelming concerns expressed relative to excess speed and reckless driving, Council Member Murray urged consideration oftraffic calming devices. He also noted that the City-owned lot on the north side of Sacramento Drive, proposed for the Creekside Street extension to South Bonnyview Road, did not align properly and should also be considered by the Planning Commission as part of the project to ensure proper alignment of the intersection. I Council Member Stegall concurred with Council Member Murray regarding traffic calming devices and requested that information be obtained from the Redding Police Department regarding the number of speeding citations issued in the neighborhood. MOTION: Made by Council Member Murray, seconded by Council Member Stegall, 1) upholding the appeal of Planning Commission approval of Summerfield Meadows Unit 2 Tentative Subdivision Map, S-lO-Ol, located north of Reflection Street, east of Seedling Drive, and west of Sacramento Drive developed by Greg Snow; 2) referring the matter back to the Planning Commission for a more extensive traffic study to include revised Average Daily Trip (ADT) numbers and traffic analyses; 3) re-circulation of the Negative Declaration after it has been updated to include the new information; and 4) expanding the geographic area for the Planning Commission meeting notice. The Vote: Unanimous I LETTER TO STATE SENATOR AANESTAD - Senate Constitutional Amendment 15 (SCA15) and Assembly Constitutional Amendment 22 (ACA22) (L-040-300) City Council Member Murray related that Senate Constitutional Amendment 15 (SCA15) and Assembly Constitutional Amendment 22 (ACA22) have been introduced to the State Legislature to modify eminent domain proceedings. He advised that although the City Council is sympathetic to issues surrounding eminent domain proceedings, he believed that SCA15 and ACA22 do not address those concerns and would further complicate proceedings. He stated that Senator Aanestad was amenable to consider introducing changes to the two bills before final voting leaving the main consideration of the bills unchanged, which prohibit taking private property for private gain. However, he related that Congressman Hergeris co-sponsoring federal legislation that would achieve the same goals without some of the negative side effects in the California legislation. Council Member Murray recommended that the City Council authorize submitting a letter to Senator Aanestad advising of pending federal legislation and proposing that the California version of the legislation indicate that a city or county could not use economic development as a reason to utilize eminent domain if any state funds are used to finance a proposed project. 11/1/2005 264 Mayor Mathena expressed reluctance to send another letter in addition to the one sent in September 2005. He believed the position expressed at that time by the City Council is sufficient and should not be overshadowed by additional comments or additional legislation. Council Members Dickerson, Pohlmeyer, and Stegall concurred. Council Member Dickerson added that comments, if combined with the League of California Cities and the California Association of Counties, would have a greater possibility of being heard and acted upon. It was the consensus ofthe City Council to stay the course taken relative to eminent domain I proceedings and not issue additional correspondence. UPDATE ON MAJOR PROJECTS - Stillwater Business Park (A-050-080 & E-050-500) City Manager Warren advised that this matter would be deferred to the meeting of November 15,2005. ORDINANCE - Amending Title 7 of the Redding Municipal Code - Animals (A-130-150) Administrative Assistant to the City Manager Cherpeski recalled that Redding Municipal Code (RM C) Title 7- Animals has remained virtually unchanged since 1987. He advised that with the deaths of individuals in the Bay Area and Red Bluff in recent years by dangerous dogs, staff conducted a review of the City's dangerous dogs ordinance and determined that it should be revised. He related that the City conducts approximately 10 to 20 dangerous dog hearings per year and they are increasing. Mr. Cherpeski highlighted some of the proposed changes: Creates RM C Chapter 7 .13- Dangerous Dogs to separate the issue of a dangerous dog from other dog-related regulations. Requires decla,red dangerous dogs to wear a special license andlor have a microchip implanted. Revises the hearing procedure used for determining whether or not a dog is dangerous, shifting responsibility for the hearing from the City Manager's Office to a hearing officer or board established by Chapter 1.13 of the RMC, with all decisions appealable to the Superior Court. Adds an additional fee for registering a declared dangerous dog. Increases the amount of insurance the hearing officer may require for a dangerous dog. Revises the appeals procedure for dangerous dogs (clarify time limits and process). Incorporates the City's RMC Title I-Administrative Hearing procedures for animal nuisance complaints. Clarifies the noise (barking) ordinance to make it more readily enforceable. Provides editorial corrections to RMC. I Mr. Cherpeski pointed out that on the second to the last page of the Report to City Council dated October 24,2005, the paragraph marked "7 .13.140-Licensing of dangerous dog," the sentence should read "The fee for a dangerous dog license shall be specified by resolution of the City Council." He advised that when an appropriate cost is determined, the issue will be returned for City Council consideration. Mr. Cherpeski recommended that an ordinance amending Redding Municipal Code Title 7- Animals by amending Chapter 7 .04-General Provisions, amending Chapter 7 .12-Dogs, and adding Chapter 7.13-Dangerous Dogs be offered for first reading, the full reading waived, and that publication of a summary ordinance be authorized. I In response to Steven Concepcion, a Redding resident who expressed confusion with portions of the ordinance, Mr. Cherpeski related the following: 1) The proposed amendments will require complaints from two individuals against a specific dog in order to provide more credence to the allegations and to avoid one-on-one neighbor disputes. 2) The appeals process following a City hearing for a dangerous dog will be processed through the judicial system via the Shasta County Superior Court and 3)While the microchip requirement is optional, a special license for a defined "dangerous dog" is not. 11/1/2005 265 MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Dickerson, amending Redding Municipal Code Title 7 -Animals, repealing and re-adopting Chapter 7 .04- General Provisions and Chapter 7 .12-Dogs, and adding Chapter 7.13-Dangerous Dogs. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2354 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code (RMC) Chapter 7 .04-General Provisions, amending Chapter 7 .12- Dogs, and adding Chapter 7 .13- Dangerous Dogs to the RMC. I MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Dickerson, that the full reading of Ordinance No. 2354 be waived, that the City Attorney be instructed to read the ordinance by title only, and authorizing publication of a summary ordinance. The Vote: Unanimous Ayes COMMUNITY SURVEY AND PUBLIC AWARENESS PROGRAM (A-050-060) City Manager Warren recalled that ten years ago, the City Council initiated long-term financial plans for City funds, such as the 5 % reserve limit in all funds, and because of this long-term planning, the City of Redding is a much stronger community financially. He related that recently, a Community Survey was conducted which indicated that people enjoyed living in Redding and were satisfied with service levels. The survey also revealed that citizens were dissatisfied with the lack of open discussion and public input for future projects and associated funding. I Mr. Warren recommended that a task force be formed that would provide information regarding City services and finances in a more understandable and meaningful way to the public. He suggested that members of the task force have some background in the City budget and various master plans, parks, and streets. He suggested Mr. James Finck be considered as a potential task force member due to his service as a Community Survey Committee Member which was tasked with review of the Request for Proposals for selection of a firm to conduct the Survey, development of the Survey questions, and he is the Executive Director of the YMCA. He stated that the committee should also include police and fire representatives, past and/orpresent City Council liaison(s) , representation from the Chamber of Commerce , citizens who have served on the Budget Committee, and others. Mr. Warren opined that outreach opportunities could include radio-talk shows and other forms of media. He believed the task force should be able to prepare a report within a five-month period. Council Member Murray stated that the function of the proposed committee would not be to champion a sales tax increase as has been reported, but would specifically address the lack of community awareness as revealed in the Community Survey. Council Member Dickerson expressed confusion that although most ofthose surveyed were pleased with City services, only 32 % thought the City was doing a good job. He hoped that the proposed committee could clarify this issue. He urged that the committee be tasked with developing methods to better educate the public on how services are delivered and believed that goals and objectives should be set for the committee. I Mayor Mathena stated that the survey had also identified public confusion and frustration about the new Library and its proposed operation. He believed that the Library should be included as a topic. Council Member Stegall urged that the proposed committee members receive adequate training and wanted the members to reach consensus on topics before them. While James Finck believed it impossible for a committee of individuals from varied backgrounds to totally agree on every aspect of its goals, he suggested that the committee provide transparent discussions on where the City has been, where it wants to go, the shortfalls involved, and to look at resources which could include a sales tax increase. He pointed out that there are many issues that should be debated and concurred that the Library should be included in committee discussions. 11/1/2005 266 Council Member Pohlmeyer nominated Council Members Stegall and Dickerson to represent Council on the proposed committee. Michael Czehatowski, Redding resident, believed that the Community Survey made it clear that the majority of citizens would not vote for a sales tax increase and felt the City Council should not spend further time and money on the issue. He also believed that the committee could assist in community-wide education and possibly find more creative ways of financing various projects. Council Member Dickerson stated that the process was far from complete and the committee is just another step in gathering information from the community in order to provide the best I services possible. Council Member Murray voiced support for community education and awareness. Although he was not interested in measuring community sentiment or attempting to gain approval for a sales tax initiative, he supported the proposed committee as a step toward education. Mr. Warren advised that he would prepare a report and return to the City Council at a future date listing goals and objectives for the committee within the parameters discussed by Council. Council Member Stegall pointed to the need for a new Library, a new police station, more public safety personnel, and the lack of funding for these needs. She believed that the community should be allowed to provide input but, in her opinion, dismissing a sales tax initiative carte blanche is ill advised. She urged that it be included as a viable funding alternative and that it be discussed in addition to other funding mechanisms by the committee. Council Member Pohlmeyer concurred and believed anything done to provide additional education for the public would be beneficial. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Murray, approving formation of a task force committee to promote public awareness of City services and funding options and appointed Council Members Dickerson and Stegall as City Council representatives to the committee. The Vote: AYES: Council Members - Dickerson, Murray, Pohlmeyer, and Mathena NOES: Council Members - Stegall ABSTAIN: Council Members - None ABSENT: Council Members - None I MONTHLY FINANCIAL REPORT - Electric Utility (B-130-070 & E-090-100) Electric Utility Director Feiderreported the Redding Electric Utility (RED) retail power sales revenue was $1,329,846 or 6.1 % above projections. Operating revenue after energy ~osts was $6,497,581 or 113.7% above expectations. The total cost of electricity through September 2005, was $2,428,842 or 11.4 % above projections, and the Utility's net operating results through September 2005, were $5,428,261. Mr. Feider related that REU has done better than anticipated in the past few months and is several million dollars above its original predictions. He recalled that during the budget process, a rate increase in the amount of 3 % to 4 % was discussed for January 1, 2006, but because of the favorable financial results he recommended that the City Council accept the Electric Utility Financial Report for September 2005 and defer discussion of a possible rate adjustment until March or April 2006. I In response to Mayor Mathena, Mr. Feider advised that REU purchased natural gas in advance of this year, and the cost to REU until 2008 is approximately $5 per unit, although the current market is selling a unit at approximately $11. Mr. Feider stated that this represents several million dollars in savings over the course of the year. MOTION: Made by Council Member Dickerson, seconded by Council Member Stegall, accepting the Monthly Financial Report for the Electric Utility for September 2005, and deferring consideration of an Electric Utility rate adjustment until Marchi April 2006. The Vote: Unanimous Ayes 11/1/2005 . 267 MONTHLY FINANCIAL REPORT - General Fund (B-130-070) Finance Officer Strong advised that total revenue at the end of September is $12.7 million or $2,237,904 (21.2%) above staffs cash flow projection. Expenditures at month end, excluding encumbrances, total $17,311,354 or $2,614,584 (13.2 %) above staffs original projection. Encumbrances total $2,878,778. Mr. Strong recommended that the City Council accept the General Fund Monthly Financial Report for September 2005. I MOTION: Made by Council Member Stegall, seconded by Council Member Dickerson, accepting the General Fund Monthly Financial Report for September 2005. The Vote: Unanimous Ayes ORDINANCE - Amending Redding Municipal Code Chapter 11.12 pertaining to speed limits on certain streets (T -080- 7 50) Assistant City Manager Perry advised that the Engineering and Traffic Surveys, Volumes 1 and 2, Speed Studies are updated approximately every seven years and these updates establish speed zones (pursuant to California Vehicle Code Sections 22357 and 22358) and allow the Police Department to utilize radar or other electronic devices to detect speeding violations. He related that without adoption of the ordinance, the speed limit on all City streets would default to 25 miles per hour, and police officers would be forced to follow a potential speeding vehicle at a higher rate of speed to gauge the extent of the violation. Mr. Perry recommended that the ordinance be offered for first reading amending Redding Municipal Code Section 11.12.0lO relating to the establishment of speed zones on various City streets, and that the full reading be waived. I Council Member Dickerson pointed out that the ordinance states that the speed limit for Hilltop Drive went from 25 miles per hour to 40 miles per hour. Mr. Perry responded that all of Hilltop Drive is now in the City limits and that portion of the staff report was in error. He advised that the ordinance will be changed to reflect the proper speed limit. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Murray, approving the updated Engineering and Traffic Surveys, Volumes 1 and 2 establishing speed zones for various streets in the City. The Vote: Unanimous Ayes Council Member Pohlmeyer offered Ordinance No. 2355 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 11.12.010 relating to the establishment of speed zones on various City streets. MOTION: Made by Council Member Pohlmeyer, seconded by Council Member Murray, that the full reading of Ordinance No. 2355 be waived, that the City Attorney be instructed to read the ordinance by title only. The Vote: Unanimous Ayes I ORDINANCE - Amendments to various chapters of the Redding Municipal Code re Administrative Remedies; RESOLUTION -Establishing administrative fines; and PROPOSED ESTABLISHMENT OF AN ADMINISTRATNE HEARINGS BOARD (C-1lO-100/C-1lO-100-400/B-080) City Attorney Duvernay recalled that the proposed ordinance was considered at the regular City Council meeting of October 18, 2005, at which time, the City Council asked for additional information regarding qualifications of persons considered for the hearing board and the procedure for appointing board members. He stated that since that time, the City Council was given additional information, as requested, indicating that there is no correct model for evaluating and appointing potential board members. He stated that during the appointment process, the City Council will need to bear in mind that the board members must be able to provide fair and equitable hearings. He added that the proposed ordinance is drafted to provide flexibility to the City Manager, allowing him to use a hearing board and/or paid hearing officer(s) dependent on the situation. 11/1/2005 268 Mr. Duvernay pointed out that the proposed resolution will establish an Administrative Citation Schedule of Fines for violations of the Redding Municipal Code (RMC). Mr. Duvernay recommended that the City Council offer the ordinance for first reading approving amendments to RMC Chapter 1.13, adding Chapters 1.14 and 1.15, adding Chapter 2 .57 , amending Section 9.09.130 of Chapter 9 .09, repealing Chapter 9.1 0, repealing Chapter 9 .11, amending Sections 9.20.190 and 9.20.200 of Chapter 9.20, and repealing Title 15 (Abatement) and reserving that Title number for future use; that the full reading be waived, that the City Council authorize publishing a summary ordinance, and that a resolution be adopted establishing an "Administrative Citation Schedule of Fines." MOTION: Made by Council Member Murray, seconded by Council Member PoWmeyer, I adopting Resolution No. 2005-148, a resolution of the City Council of the City of Redding, establishing an "Administrative Citation Schedule of Fines" for violations of the Redding Municipal Code; and authorized use of either a volunteer Administrative Hearing Board or a single Hearing Officer at the discretion of the City Manager. 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. 2005-148 is on file in the Office of the City Clerk Council Member Murray offered Ordinance No. 2356 for first reading, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Chapter 1.13 (Administrative Citations), adding Chapter 1.14 (Administrative Penalties and Abatement), adding Chapter 1.15 (Abatement of Properties, Buildings, and Conditions), adding Chapter 2.57 (Administrative Hearings Board), amending Section 9 .09 .130 (Enforcement) of Chapter 9.09 (Neglected Vacant Buildings), repealing Chapter 9.10 (Property Blight), repealing Chapter 9.11 (Relocation Benefits for Displaced Tenants), amending Sections 9.20.190 (Penalties) and 9.20.200 (Enforcement -Citation Authority) of Chapter 9 .20 (Fire Prevention); and repealing Title 15 (Abatement) and reserving that Title number for future use, all relating to remedies and administrative enforcement of the Redding Municipal Code. I MOTION: Made by Council Member Murray, seconded by Council Member Pohlmeyer, that the full reading of Ordinance No. 2356 be waived, that the City Attorney be instructed to read the ordinance by title only, and that publication of a summary ordinance be authorized. The Vote: Unanimous Ayes PUBLIC COMMENT (A-050-060) Bernie Rosen, Anderson resident, gave an update on the progress of the trip to D'Ilberville, Mississippi to provide Thanksgiving dinner to 1,000 residents affected by Hurricane Katrina. He stated he has received support from the community and will be accepting further donations. Vice Mayor Murray advised he would personally donate 30 canned hams for the dinner. (A-050-060 & P-050) Catie Barr, Senior at Bishop Quinn High School, advised that she chose as her Senior Community Project the installation of a security system at Enterprise Park. She stated that I a cost estimate for the project is $25,000 and she pledged to raise $10,000 and asked that the City match that amount. (A-050-060) Jim Pace, Redding resident, requested that the drinking fountain flow inside the City Council building be increased, that speed enforcement be done by the Redding Police Department on Star Drive during peak hours, and that the improvements to South Bonnyview Road be completed as proposed. (A-050-060 & A-050-080) Fran Jenkins, Redding resident, advised she was polled during the Community Survey and the questions asked in the telephone interview focused on a potential sales tax increase. 11/1/2005 269 During the course of the conversation, she felt pushed to support such an initiative. Consequently, she was not surprised that the media had reported the survey was a method to sell a sales tax initiative. ADJOURNMENT There being no further business, at the hour of 9:47 p.m., Mayor Mathena declared the meeting adjourned. I APPROVED ATTEST: I ~~;#L?l City Clerk I 11/1/2005