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HomeMy WebLinkAboutMinutes - City Council - 2010-10-19 177 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California October 19, 2010 6:00 p.m. The Pledge of Allegiance to the Flag was led by John Martin. I The Invocation was offered by Sandra Soley-Keep. The meeting was called to order by Mayor Jones with the following Council Members present: Bosetti, Dickerson, McArthur, and Stegall. Also present were City Attorney Duvernay, Assistant City Manager Tippin, Public Works Director Crane, Development Services Director Hamilton, City Clerk Mize, and Executive Assistant Grimm. The City Manager was absent. The Assistant City Manager introduced Department Directors that were in attendance: Detwiler, Kersten, and Niemer. PUBLIC COMMENT [A-050-060] Edwin Edebiri addressed the Council on the subject of happiness, relayed information regarding the societal beriefits of teaching people how to be happy, e.g. reductions in crime and mental health issues, and provided details on the 2010 Global Happiness Summit in Alameda, CA. [C-11 0-1 00-400] Linda Peck opposed removal of a business sign on Bonnyview and Reno Lane. I [U-500] Greg Washburn suggested freezing utility fees, especially for senior citizens. Responding to Council Member Stegall and Mayor Jones, Assistant City Manager Tippin stated that a status report on utility fees could be provided at a subsequent Council meeting. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Registers [A-050-100-500] It is the recommendation of the Finance Director that the City Council approve Accounts Payable Register No.7, for the period of October 4,2010, through October 15, 2010, for check numbers 887487 through 887878, inclusive, ACH Transfer numbers 7244 through " 7274, inclusive, and Wire Transfer numbers 2893 through 2904, inclusive, for a total of $5,081,208.74; and Payroll Register No.7, for the period September 19, 2010, through October 2, 2010, for electronic deposit transaction numbers 288589 through 289419, inclusive, and check numbers 547620 through 547689, inclusive, in the amount of $2,572,153.37; for a TOTAL: $7,653,362.11 I Ordinance - Amending Redding Municipal Code Title 18 - Zoning, under Rezoning Application RZ-5-10, and adopting the Addendum to the Mitigated Negative Declaration related to medical marijuana nurseries [L-010-230/^M-020] In response to questions relating to medical marijuana collectives from Barbara Sullivan, City Attorney Duvernay stated that the Council meeting was not the proper forum to address the topic because the agenda item was regarding industrial zoning for medical marijuana nurseries. Mr. Duvernay directed Ms. Sullivan to contact him at his office for assistance. It is the recommendation ofthe Development Services Director that the City Council adopt Ordinance No. 2468, an ordinance of the City Council ofthe City of Redding amending Title 18 - Zoning, Chapter 18.34 - Industrial Districts, Section 18.34.020 - Land Use Regulations, "10/19/2010 178 Schedule 18.34.020-A - Use Regulations - "Industrial" Districts, and Chapter 18.60 - Use Classifications, under Rezoning Application RZ-5-10, and adopt the Addendum to the Mitigated Negative Declaration related to medical marijuana nurseries. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, and Stegall Council Members - Jones Council Members - None Council Members - None Resolution - Supporting the "Get Connected!" broadband program [C-175-550] It is the recommendation of the Assistant to the City Manager that the City Council adopt Resolution No. 2010-159, a resolution ofthe City Council of the City of Redding supporting the California Emerging Technology Fund's "Get Connected!" high-speed Internet technology public awareness and education program to increase computer literacy and accelerate development of broadband for increased economic competitiveness ~nd quality of life in seven Northern California counties. I Resolution - Declaring Intent to renew the Tourism Marketing Business Improvement District and setting a Public Meeting and a Public Hearing [A-170-015-004] It is the recommendation of the Assistant to the City Manager that the City Council adopt Resolution No. 2010-160, a resolution ofthe City Council ofthe City of Redding declaring its intention to renew the Tourism Marketing Business Improvement District (TMBID) and setting a Public Meeting for November 16, 2010, and setting a Public Hearing for December 7,2010. Resolution - Declaring Intent to renew the Hilltop Hotel Business Improvement District and setting a Public Meeting and a Public Hearing [A-170-015-003] It is the recommendation of the Redding Electric Utility Energy Services Manager that the City Council adopt Resolution No. 2010-161, a resolution ofthe City Council ofthe City of Redd~ng declaring its intention to renew the Hilltop Hotel Business Improvement District (HHBID) and setting a Public Meeting on November 16, 2010, and a Public Hearing on December 7,2010. I Funding Request - Christian Church Homes of Northern California [G-100-075] It isthe recommendation of the Development Services Director that the City Council approve in concept a $500,000 residual receipts loan to Christian Church Homes of Northern California utilizing City HOME funds for a 56 unit complex of very-low income senior housing on a 3-acre site located off Piper Way near the intersection of Placer Street and Buenaventura Boulevard as depicted on the location map attached to the staff report. Resolution - Appropriating funds for the installation of a traffic control device [T -080-400/B-130-070] It is the recommendation of the Public Works Director that the City Council adopt Resolution No. 2010-162, a resolution of the City Council of the City of Redding appropriating $500,000 in Citywide Traffic Impact Fee funds for the installation of a traffic control device at the intersection of Court and 11 th Streets. Request - Viva Downtown Redding - Eliminate parking meters in City Lot No.4 [P-030-220] It is the recommendation of the Public Works Director that the City Council approve the request from Viva Downtown Redding for the removal of parking meters from City Parking Lot No.4, located on the northeast comer of Pine and Sacramento Streets. I Accept Final Map and Authorize Subdivision Agreement - Highland Park, Unit 2 (S-18-05) [S-l 01-1 02] It is the recommendation of the Public Works Director that the City Council: (1) authorize entering into a subdivision agreement with S & J Development; (2) authorize the Mayor to sign the subdivision agreement; (3) approve the final map for the Highland Park Subdivision, Unit 2 (S-18-05), located north of Mission de Oro and west of Bodenhamer Boulevard; and (4) instruct the City Clerk to file the map with the Shasta County Recorder. 10/19/2010 179 Reimbursement Agreement - McConnell Foundation for the Shasta View Drive roundabout proj ect [S-070-1 00-700/T -080-400/B-130-070] Don Kirk opposed roundabouts and stated that buses and trucks have difficulty navigating them. ' I It is the recommendation of the Public Works Director that the City Council authorize the Mayor to execute a reimbursement agreement with the McConnell Foundation for project development and construction of a roundabout in lieu of a traffic signal, as approved by the City Council at its meeting of August 18,2009, at the intersection of Shasta View Drive and Old Alturas Road, subject to Use Permit UP-II-07. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, and Stegall Council Members - Jones Council Members -'None Council Members - None A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, that the foregoing items on the Consent Calendar be approved and adopted as recommended with the exception of the item(s) approved by separate vote as indicated above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, McArthur, Stegall, and Jones Council Members - None Council Members - None Council Members - None Ordinance No. 2468 and Resolution Nos. 2010-159 through 2010-162 are on file in the Office of the City Clerk. ------------------- I PUBLIC HEARING - to consider Ordinance amending Redding Municipal Code Title 17 - Subdivisions, along with related amendments to Title 18 - Zoning and Title 2 - Administration and Personnel, Chapter 2.55 - Community Services Advisory Commission; rescinding City Council Policy 1701 - Standard Subdivision Conditions; approve the 2010 Subdivision Ordinance update; adopt new Standard Subdivision Conditions of Approval; and find that the proposed action is not subject to the provisions of the California Environmental Quality Act [L-O 1 0-500-050/S-1 OOIC-ll 0-1 00] Development Services Director Hamilton summarized the Report to City C~uncil (staff report) dated October 5, 2010, incorporated herein by reference, relating to Redding Municipal Code Title 17 (Subdivision Ordinance) and other associated sections of the municipal code that regulate the design and development of subdivisions according to the State Subdivision Map Act (Map Act). Mr. Hamilton highlighted key points regarding: (1) subdivision design criteria consistency with General Plan policies; (2) formalization of the Community Services Advisory Commission's role pertaining to parks and recreation plann~ng in new subdivisions; (3) granting the City Engineer authority to approve final maps and accept improvements; (4) shifting responsibility for maintenance of the Standard Conditions of Approval for subdivisions to the Planning Commission; and (5) creating new sections related to residential condominium zoning. He relayed that the Planning Commission had unanimously recommended approval of the Subdivision Ordinance Update and related items on September 28,2010. Mr. Hamilton recommended that the Council: (1) make relevant findings; (2) approve the 2010 Subdivision Ordinance Update by offering the revised ordinance for first reading by title only; (3) authorize publication of a summary repealing and re-adopting all related chapters and sections of the Redding Municipal Code; and (4) adopt new Standard Subdivision Conditions of Approval related to local implementation of the Map Act. I . At the hour of 6:29 p.m., Mayor Jones opened the public hearing to consider a proposed amendment to Redding Municipal Code (RMC) Title 17 - Subdivisions Ordinance and related amendments to Title 18 - Zoning Ordinance and Chapter 2.55 - Community Services Advisory Commission (CSA C) and review of proposed Standard Conditions of Approval for Subdivisions by the City of Redding. 10/19/2010 180 , The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing No protests were received. Gary Cadd opposed transferring any authority to the Planning Commission. Gerald Ross opined that Council should look into the matter further. Responding to Mayor Jones and Council Member McArthur, Development Services Director Hamilton explained that the City Council would retain control of policy; that CSAC's function pertaining to subdivisions had been an ongoing practice for quite a few years and needed to be formalized; and clarified the interactive subdivision design approval process between CSAC and the Planning Commission. I A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, approving staff's recommendation as outlined above and detailed in the staff report dated October 5, 2010; and introducing Ordinance No. 2469 for first reading by title only, waiving the full reading, and authorizing the City Clerk to publish a summary ordinance. The Vote: Unanimous Ayes City Attorney Duvernay read the full title of the ordinance. ORAL UPDATE ON MAJOR PROJECTS - Community Creek Clean Up Event [A-050-080/A-050-ll0/P-050-460-700] Community Services Director Niemer provided a PowerPoint presentation, incorporated herein by reference, regarding the Community Creek Clean Up event held on October 2, 2010. Ms. Niemer also gave a brief report on Shasta's "Walk this Way" event. GRANT - U.S. Department of Justice COPS program to fund four full-time, entry-level sworn officers [G-lOO-070/P-150-l50] Redding Police Captain Damon Minor summarized the Report to City Council (staff report) dated October 7,2010, incorporated herein by reference, relating to a grant from the U.S. Department of Justice. Captain Minor relayed that Redding Police Department (RPD) was allowed to resubmit an updated grant application in June 2010. Out of 4,400 applicants, RPD was one of379 law enforcement agencies to be selected for funding under the COPS Hiring Program, for the amount of $1,309,540. As detailed in the staff report, the City has some flexibility to use the funds in three categories. On behalf of Police Chief Hansen, Captain Minor recommended that the Council authorize acceptance of a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) under the COPS Hiring Program (CHP) to provide funding for four, entry-level, full-time officers for three years. I No action was required on this informational item. Don Kirk asked questions regarding officers that could be affected by acceptance of this grant. Charles Alexander supported acceptance of the grant and opined that it was a temporary solution to the issue of funding public safety. I Responding to Council Member McArthur, City Attorney Duvernay clarified that the grant did not create obligations to maintain employment of certain officers and accounting procedures provided flexibility to allow for changing circumstances. A MOTION WAS MADE by Council Member McArthur, seconded by Council Member Stegall, approving staff's recommendation to authorize the Chief of Police or his designee to accept a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) under the COPS Hiring Program to fund four, full-time, entry- level officers for three years as detailed in the staff report dated October 7,2010. The Vote: Unanimous Ayes 10/19/2010 181 I ORDINANCE - Amending Redding Municipal Code Chapter 6 - Business Taxes, Licenses, and Regulations and Chapter 10.22 - Sound Trucks and adding Sections 10.22.040 through 10.22.90, all relating to regulation of Sound Trucks [L-070-1 OO/C-ll 0-1 00] City Clerk Mize summarized the Report to City Council (staff report) dated October 7, 2010, incorporated herein by reference, relating to regulation of sound trucks. Ms. Mize presented supporting information, detailed the methods used to revise the existing code, and recommended that the Council amend portions of Redding Municipal Code (RMC) Chapter 6 - Business Tax, License, and Regulation and Chapter 10.22 - Sound Trucks and add Sections 10.22.040, 10.22.050, 10.22.060, 10.22.070, 10.22.080, and 10.22.090, all relating to the regulation of sound trucks, by offering the revised ordinance for first reading by title only. Michael Pickering, Jeff Hostetter, Bill Ulch, John Martin, Kent Heinforth, and Charles Alexander expressed their opinions on ice cream trucks, noise pollution, decibel levels, industry business practices, hours of operation, American traditions, and supporting small businesses. ' ',,' Ms. Mize, City,Attorney Duvernay"and Development Services Director Hamilton responded to questions from Council Members, explained existing processes to resolve municipal code violations, and clarified options to regulate sound trucks. Council Members provided comments to staff regarding changes to the draft Sound Truck Ordinance. I A MOTION WAS MADE by Council Member Stegall, seconded by Council Member McArthur, revising the proposed ordinance to allow sound trucks to operate from lOAM to sundown year-round and limiting sound amplifying equipment to a maximum of75 decibels at 150 feet as measured by a sound level meter that meets "American National Standard" ANSI S 1.4-1983 or its successor; introducing Ordinance No. 2470 by title only, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 6- Business Taxes, Licenses, and Regulations and Chapter 10.22 - Sound Trucks and adding Sections 10.22.040 through 10.22.90, all relating to regulation of sound trucks; waiving the full reading of the Ordinance; instructing the City Attorney to read the full title; and authorizing the City Clerk to publish a summary ordinance. The Vote: Unanimous Ayes City Attorney Duvernay read the full title of the ordinance. CLOSED SESSION At the hour of 8: 18 p.m., Mayor Jones announced that Council would adjourn to Closed Session. At the hour of8:42 p.m., Mayor Jones reconvened the Regular Meeting to Open Session and reported that in reference to: I CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: Redding Peace Officers Association-Misc. and Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Maintenance Employees [P-l 00-050-120/^P-l 00-050-070] The City Council did not take any reportable action on this item. CONFERENCE WITH LABOR NEGOTIATOR Designated Agency Representative: Assistant City Manager Tippin Employee Organization: Local Union 1934 of International Association of Fire Fighters - AFL-CIO . [P-I00-050-050] The City Council did not take any reportable action on this item. 10/19/2010 182 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION California Sportfishing Protection Alliance v. City of Redding, et aI., United States District Court Eastern District of California Case No.2: 1 O-CV -01389- WBS-CMK (re West Central Landfill) [L-100] The City Council did not take any reportable action on this item. ADJOURNMENT There being no further business, Mayor Jones declared the meeting adjourned at the hour of 8:43 p.m. ATTEST: I ryO/W1fL ~ City Clerk I I 10/19/2010