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HomeMy WebLinkAboutMinutes - City Council - 2007-06-19 121 City Council, Regular Meeting Civic Center Council Chambers 777 Cypress Avenue Redding, California June 19,2007 7:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member Stegall. The Invocation was offered by Police Chaplain Betty Harrison-Smith. I The meeting was called to order by Mayor Dickerson with the following Council Members present: Bosetti, Jones, Murray, and Stegall. Also present were City Manager Starman, Assistant City Manager Bachman, City Attorney Duvernay, Development Services Director Hamilton, Transportation and Engineering Director Tippin, Electric Utility Director Feider, Police Chief Moty, Community Services Director Niemer, Assistant Electric Utility Director-Distribution Hauser, City Clerk Strohmayer, Assistant City Clerk Sherman, and Executive Assistant Stribley. \ ------------------- PUBLIC COMMENT (A-090-100) Mari Marien, Redding resident, expressed concern regarding noise and decibel levels generated by propeller planes flying in the Redding area and believed that ground leases for planes based at Redding Municipal Airport exacerbated the problem. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: I Approval of Minutes - Special Meeting of May 18, 2007; Regular and Special Meetings of June 5, 2007. Approval of Payroll and Accounts Payable Registers (A-050-100-500) It is recommended that Accounts Payable Register No. 23, check numbers 852221 through 852689 inclusive, in the amount of$5,428,001.19, for the period of June 1,2007, through June 15, 2007; and Payroll Register No. 24 electronic deposit transaction numbers 207190 through 208035 and check numbers 535989 through 536144 inclusive, in the amount of $2,395,346.96 for the period of May 6,2007, through May 19, 2007, be approved. TOTAL: $7,823,348.15 Resolution - Summarily vacating street right-of-way located at 17011 Clear Creek Road and declaring City-owned property as surplus (A-I-07) (A-OI0-I00 & ^C-070-200) It is the recommendation of the Economic Development Director that Resolution No. 2007- 112 be adopted, a resolution of the City Council of the City of Redding, summarily vacating a :1:7,000 square feet portion of17011 Clear Creek Road (APN 208-300-003), declaring that portion as surplus property, and approving the sale of said portion to adjacent property owner Steve Hoke in the amount of $6,580, and authorizing the Mayor to execute all necessary documents. I Renewal of Funding and Lease Agreements - Shasta County Arts (B-130-030/^C-070-100/C-050-500) It is the recommendation of the Support Services Director that the City Council approve the Funding Agreement with the Shasta County Arts Council for funding support in the amount of $22,830 to provide building and grounds maintenance services at Old City Hall located at 1313 Market Street, utility expenses (not including telephone), printing of a bimonthly newsletter and activities calendar, and a City staff person to serve as ex-officio member on the Board of Directors for the period of July 1, 2007, through June 30, 2008. It is also recommended that the Lease Agreement with the Shasta County Arts Council for the Old City Hall be approved for the period July 1, 2007 through June 30, 2008, with the City maintaining the facility, including janitorial supplies in the amount of $25,000 and utilities in the amount of $15,000. 6/1912007 122 Funding Agreement - Shasta Cascade Wonderland Association (B-130-030-700) It is the recommendation ofthe Support Services Director that the City Council authorize the Mayor to execute a Funding Agreement with Shasta-Cascade Wonderland Association (SCW A) in the amount of $52,000 to promote outdoor recreation throughout the seven- county Shasta Cascade Region for the period July 1,2007, through June 30, 2008, and that SCW A seek outside funding in a minimum amount of $250,000 annually. Street Light and Utility Pole License Agreement - Pacific Gas & Electric (E-090-060-625) It is the recommendation of the Electric Utility Director that the City Council authorize the Electric Utility Director to execute a Street Light and Utility Pole License Agreement with Pacific Gas & Electric (PG&E) to enable Redding Electric Utility (REU) to issue a revocable permit to PG&E, in the amount of $39 per pole annually, to place telecommunications equipment on City street light and utility poles for the purpose of automatically reading gas utility meters, and authorizing grants for additional permits as needed during the term of the Agreement. I Assembly Bill AB 2021 - Energy Efficiency Requirement Reporting (L-040-300 & E-120-022) It is the recommendation of the Electric Utility Director that the City Council accept the report regarding State Assembly Bill AB 2021- Energy Efficiency Reporting requirement and approve submittal to the California Energy Commission. '. Resolution - Approving Grant Applications to the State Wildlife Conservation Board, Department ofFish & Game, and Department of Boating & Waterways for Amenities to the Boat Launching Facility on the Sacramento River at South Bonnyview (G-l 00-170 & P-050-650) It is the recommendation of the Community Services Director that Resolution No. 2007-113 be adopted, a resolution of the City Council of the City of Redding approving submittal of grant applications requesting funds from the State Wildlife Conservation Board, Department of Fish & Game, and Department of Boating & Waterways in approximate amount of $500,000 to provide improved boating and fishing access to the Boat Launching Facility on the Sacramento River at South Bonnyview Road. I Resolution - Authorizing acceptance of grant from the Department of Alcoholic Beverage Control for enforcement to reduce underage drinking (G-I00-170 & P-150-150) It is the recommendation of the Police Chief that Resolution No. 2007-114 be adopted, a resolution of the City Council of the City of Redding authorizing acceptance of a grant in the amount of$57 ,051 from the Department of Alcoholic Beverage Control to reduce underage drinking and monitor on-sale establishments for compliance with state law. Resolution - Establishing the appropriation limit for fiscal year 2007-08 (B-130-070) It is the recommendation of the Assistant City Manager that Resolution No. 2007-115 be adopted, a resolution of the City Council of the City of Redding establishing the appropriation limit in the amount of$161,063,501 for fiscal year 2007-08. Notice of Completion - Bid Schedule No. 3906, Foothill Reservoir Replacement Project (B-050-020 & W -030-450) It is the recommendation of the Transportation and Engineering Director that Bid Schedule No. 3906 (Job No. 2241), Foothill Reservoir Replacement Project awarded to CB & I, Inc., be accepted as satisfactorily completed and that the City Clerk be instructed to file a Notice of Completion with the Shasta County Recorder. The final cost was $2,855,196.24. I Award of Bid - Bid Schedule No. 4033, Replace Asphalt Concrete Surfacing 2007 Project (B-050-020 & S-070-200) It is the recommendation of the Transportation and Engineering Director that Bid Schedule No. 4033 (Job No. 2294), Replace Asphalt Concrete Surfacing 2007 Project be awarded to Ron Hale Construction in the amount of$288, 179.30, that an additional $50,000 be approved for administration and inspection fees and outside services for materials testing, and an additional $300,000 to provide a construction contingency fund for a total amount of $638,179.30. 6/19/2007 123 Award of Request - Request for Proposals No. 4022, Construction Management an Inspection Services for South Bonnyview Road Widening; and Consultant Services Agreement - TRS Consultants (B-050-100 & ^S-070-l 00- 708) It is the recommendation of the Transportation and Engineering Director that Request for Proposals No. 4022, Construction Management and Inspection Services for South Bonnyview Road Widening be awarded to TRS Consultants in the amount not-to-exceed $996,000 to provide construction management services. It is further recommended that the Mayor be authorized to execute a Consultant Services Agreement with TRS Consultants for same. I Final Map and Subdivision Agreement - Tuscany Villas Phase 1 (S-101-094) It is the recommendation of the Transportation and Engineering Director that the Final Map for the Tuscany Villas Phase 1 (S-10-05), located on Gold Hills Drive, south of Oasis Road, by Chase & Taylor, LLC be approved, that the Mayor be authorized to execute the Subdivision Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. Award of Bid - Bid Schedule No. 4013 (Job No. 2284), Safe Routes to School (SR2S), Lake Boulevard Sidewalk Improvement (B-050-020 & S-070-285) It is the recommendation of the Transportation and Engineering Director that Bid Schedule No. 4013 (Job No. 2284), Safe Routes to School (SR2S), Lake Boulevard Sidewalk Improvement be awarded to Axner Excavating in the amount of$279,648, that an additional $36,000 be approved for administration and inspection fees, and that an additional $52,000 be approved for a construction contingency fund, for a total amount of$367,648. I Resolutions - Setting public hearings for July 3,2007, re Landscape Maintenance Districts A, B, C, D, E, F, G, J, K, L, M, N, 0, P, Q, R, S, T, U, V, W, 01-06, 02-06, 03-06, 04-06, 05-06, and 06-06 (A-170-075-050, ^05l, 052, 053, 054, 055, 056, 059, 060, 061, 06 2,063,064,065,066,067, 068,069,070,071,072,073,074,075,076,077,078) It is the recommendation ofthe Transportation and Engineering Director that Resolution No. 2007-85 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "A" for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "A" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 ofthe Streets and Highways Code. It is further recommended that Resolution No. 2007-86 be adopted, a resolution ofthe City. Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "B" for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "B" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-87 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "C" for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "C" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-88 be adopted, a resolution of the City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "D", the Vistas, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "D" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-89 be adopted, a resolution of the City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "E", Blue Shield, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "E" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. 6/19/2007 124 Resolution No. 2007-90 be adopted, a resolution ofthe City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "F", Placer Pines, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "F" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-91 be adopted, a resolution ofthe City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "G", Quail Run, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "G" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-92 be adopted, a resolution ofthe City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "J", Sunset A venues, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "J" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-93 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "L", Terra Vista Estates, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "L" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-94 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "M", Parkview/Leland Subdivision, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "M" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-95 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "N", The Villages at Shasta View Gardens, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "N" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-96 be adopted, a resolution ofthe City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "0", Nicolet Estates II, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "0" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-97 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "P", Mill Pond Estates, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "P" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-98 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "R", Cerro Vista, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "R" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-99 be adopted, a resolution of the City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "S", Fleur Du Lac, Unit 1, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "S" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-100 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "T", Redwood 6/19/2007 125 Meadows, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "T" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-101 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "V", Lakeside A venues, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "V" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-102 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "02-06", Galaxy Way, for July 3, 2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "02-06" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-103 be adopted, a resolution ofthe City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "04-06", Rivercrest Estates, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "04-06" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. Resolution No. 2007-104 be adopted, a resolution of the City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "06-06", Lowes HIW, for July 3,2007, approving the Engineer's Report, declaring intention to levy and collect assessments in LMD "06-06" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code. I Resolution No. 2007-105 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "K", Nob Hill, for July 3, 2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "K" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution No. 2007-106 be adopted, a resolution ofthe City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "Q", Clover Acres, for July 3, 2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "Q" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution No. 2007-107 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "U", Bel Air Estates, for July 3, 2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "u" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. I Resolution No. 2007-108 be adopted, a resolution ofthe City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "W", Brown Meadows Unit II, for July 3,2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "w" for fiscal year 2007 -08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution No. 2007-109 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "01-06", Tarmac Ridge Villas, for July 3,2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "01-06" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution No. 2007-110 be adopted, a resolution of the City Council of the City of Redding setting a public hearing for Landscape Maintenance District (LMD) "03-06", Hope Lane, for 6/19/2007 126 July 3, 2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "03-06" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution No. 2007-111 be adopted, a resolution ofthe City Council ofthe City of Redding setting a public hearing for Landscape Maintenance District (LMD) "05-06", Monopoly Estates, for July 3,2007, approving the Engineer's Report, declaring intention to approve the assessments in LMD "05-06" for fiscal year 2007-08 pursuant to the Landscaping and Lighting Act of 1972, commencing with Section 22500 of the Streets and Highways Code and stay the levy of same for fiscal year 2007-08. Resolution - Decreasing Traffic Impact Fee (TIF) appropriation and increasing Federal participation for the Cypress Bridge Replacement Project (B-130-070/T -080-700/S-070-050-050) It is the recommendation ofthe Transportation and Engineering Director that Resolution No. 2007 -116 be adopted, a resolution of the City Council of the City of Redding, approving and adopting the 83rd amendment to City Budget Resolution No. 2005-77, appropriating $9,014,730 (Federal Grant funds) for construction of the Cypress Bridge Replacement Project and decreasing the Traffic Impact Fees for said project by a like amount. I Award Request for Proposal - Request for Proposal No. 4011, Consultant Services for the Stillwater Wastewater Treatment Plant Diffuser Repair/Replacement; and Consultant Services Agreement - CH2M Hill (B-050-100 & ^W-010-560) It is the recommendation of the Transportation and Engineering Director that Request for Proposal No. 4011, Consultant Services for the Stillwater Wastewater Treatment Plant Diffuser Repair/Replacement be awarded to CH2M Hill for a not-to-exceed amount of $241,200 to provide engineering services for same. It is further recommended that the Mayor be authorized to execute a Consultant Services Agreement with CH2M Hill for same. Resolution - Approving Safety National Casualty Corporation for Excess Workers' Compensation Insurance (R-100-950) It is the recommendation ofthe Personnel Director that Resolution No. 2007-117 be adopted, a resolution of the City Council of the City of Redding approving selection of the Safety National Casualty Corporation to be the carrier of the City's Excess Worker's Compensation Insurance in the amount of $210,715 from July 1, 2007 through June 30, 2008, and authorizing staffto execute the insurance policy. I Resolution - Approving CorVel Healthcare Corporation for Workers' Compensation Claims Services (R-1 00-950-1 00) It is the recommendation ofthe Personnel Director that Resolution No. 2007-118 be adopted, a resolution ofthe City Council ofthe City of Redding approving an Agreement with CorVel Healthcare Corporation to provide Workers' Compensation Claims Services for bill review and payment services for the period of July 1, 2005, through June 30, 2008. MOTION: Made by Council Member Stegall, seconded by Council Member Jones, that all the foregoing items on the Consent Calendar be approved and adopted as recommended above. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson Council Members - None Council Members - None Council Members - None I Resolution Nos. 2007 -85, 2007 -86,2007 -87,2007 -88,2007 -89,2007 -90,2007 -91,2007 -92, 2007-93, 2007-94, 2007-95, 2007-96, 2007-97, 2007-98, 2007-99, 2007-100, 2007-101, 2007-102,2007-103,2007-104,2007-105,2007-106,2007-107,2007-108,2007-109,2007- 110,2007-111,2007-112,2007-113,2007-114, 2007-115, 2007-116, 2007-117, and 2007- 118 are on file in the Office of the City Clerk. 6/1912007 127 PUBLIC HEARING - Banner Sign Program ORDINANCE - Amending Redding Municipal Code Chapter 18.42 re Non-Commercial Banners in the Public Right-of-way RESOLUTION - Establishing City Council Policy No. 1302-Street Banner Program (L-010-500-050 & ^A-050-060-555) The hour of 7:00 p.m. having arrived, Mayor Dickerson opened the public hearing to consider an ordinance amending Redding Municipal Code Chapter 18.42 regarding non- commercial advertising banners in the public right-of-way; and establishing City Council Policy No. 1302-Street Banner Program to administer the program. I The following document is on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing City Clerk Strohmayer advised that no protests were received. Development Services Director Hamilton recalled that in January of this year, Turtle Bay Exploration Park requested permission to place banners on streetlight poles along various main streets and arterials within the City to advertise its upcoming Titanic Exhibit. He advised that, currently, there is no provision for such use. Mr. Hamilton stated that such a program could provide valuable information regarding civic or cultural events, seasonal displays, and other types of community-identifying information to the public for a period of 30 days or less. He added that a City Council Policy must be adopted to establish the street banner program and provide procedures for administration and regulations for use. I Mr. Hamilton recommended that the City Council amend Redding Municipal Code Chapter 18.42 (Sign Ordinance) providing for placement of street banners at specified locations and deleting Subsection 18.42.070.1 (Exempted Signs) and adding Subsection 18.42.040.T (Standards for certain types of signs) by offering an ordinance for first reading. He also recommended adoption of a resolution approving establishment of City Council Policy No. 1302 - Street Banner Program (temporary non-commercial street banners within the public right-of-way) to provide proce4ures for administration. Mayor Dickerson determined that no one present wished to address this matter and closed the public hearing. In response to Council Member Murray, Assistant Electric Utility Director-Distribution Hauser explained that the program would be revenue and mission neutral and rate payers would not subsidize the program. MOTION: Made by Council Member Stegall, seconded by Council Member Murray, adopting Resolution No. 2007-119, a resolution of the City Council ofthe City of Redding establishing City Council Policy No. 1302, entitled "Street Banner Program (temporary noncommercial street banners with the public right-of-way)" effective upon adoption of Ordinance No. 2388. The Vote: AYES: Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None I Resolution No. 2007-119 is on file in the Office ofthe City Clerk Council Member Stegall offered Ordinance 2388 for first reading, an ordinance ofthe City Council of the City of Redding amending Redding Municipal Code Chapter 18.42 (Signs) deleting Subsection 18.42.070.1 (Exempted Signs) and adding Subsection 18.42.040.T (Standards for certain types of signs) relating to temporary street banners. . MOTION: Made by Council Member Stegall, seconded by Council Member Murray, that the full reading of Ordinance 2388 be waived, and that the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes 6/19/2007 128 PUBLIC HEARING - Abandonment of undeveloped City-owned park dedications at 397 Tourmaline Way (A-OI-05), Lake Redding Estates Unit I-A; and 3146 Bedrock Lane (A-04- 05), Lake Redding Estates Unit I-B (A-OI0-080) City Council Member Murray recused himself from discussion and voting on this item due to significant real estate dealings in these subdivisions resulting in the appearance of conflict of interest. The hour of7:00 p.m. having arrived, Mayor Dickerson opened the public hearing regarding the proposal to abandon undeveloped City-owned park dedications at 397 Tourmaline Way (A-OI-05), Lake Redding Estates Unit I-A, and 3146 Bedrock Lane (A-04-05), Lake Redding Estates Unit I-B. I 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. . Community Services Director Niemer recalled that in 2003, the Parks, Trails, and Open Space Master Plan Committee evaluated park needs Citywide and concluded that because Lake Redding Estates Subdivision had an abundance of recreational opportunities in close proximity, that the value of two City-owned, undeveloped park dedications at 397 Tourmaline Way (A-OI-05) and 3146 Bedrock Lane (A-04-05) be transferred to other locations. She stated that the anticipated proceeds from the sale of the two park sites would be approximately $240,000 and could be used for parks in this quadrant of the City. She pointed out, however, that if the park sites are not sold, it could be quite some time before the sites are funded for improvements. She related that meetings were held with neighborhood residents and the comments indicated that although the first preference was to build out the sites if possible, the proceeds should be used nearby. Ms. Niemer recommended that pursuant to Government Code Section 38506, the City Council order the City-owned park dedications at 397 Tourmaline Way and 3146 Bedrock Lane abandoned, that the properties be declared as surplus, and direct staffto proceed with the sale. I Burton Brocket, Redding resident, supported the sale of the park sites because existing parks in the area appear to be used very little, and because Lake Redding Estates was constructed 20 years ago, the majority of children have grown and gone. Leona McCoach, Community Services Advisory Commission Chair urged abandonment of the undeveloped park sites and that the proceeds be used for other park sites within or near the neighborhood. Kathy Hill, Redding resident, asked that funds from the sale of the parks be used for improvements within 1/2-mile ofthe sites and suggested refurbishing the restrooms at Lake Redding Park. Shelley Cersaro, Redding Resident, urged that the park sites not be sold because parks provide opportunities to maintain health. Mayor Dickerson determined that no other individual wished to address this matter and closed the public hearing. I Council Member Jones advised that while he understood the rationale for the proposed sale ofthe park sites, he did not support staffs recommendation believing that a commitment was made to area residents and should be honored. Mayor Dickerson observed that although the commitment was made in the past to build the parks, a citizen committee reviewing and making recommendations for adoption of the Parks, Trails, and Open Space Master Plan recommended these park sites be sold. Council Member Stegall suggested that staff meet with the residents in the area and receive input regarding use ofthe sale proceeds to improve park sites within a 112-mile radius. 6/1912007 129 MOTION: Made by Council Member Stegall, seconded by Council Member Bosetti, ordering abandonment of the City-owned park dedications at 397 Tourmaline Way (A-01- 05), Lake Redding Estates Unit I-A, and 3146 Bedrock Lane (A-04-05), Lake Redding Estates Unit 1-B, declaring the properties as surplus, and directing staffto proceed with sale. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Stegall, and Dickerson Council Members - Jones Council Members - Murray Council Members - None I PUBLIC HEARING - Westridge Master Plan ORDINANCE: Rezoning Application RZ-11-03 RESOLUTION - Certification of the Final Environmental Impact Report (FEIR) EIR-2-03; RESOLUTION - Initiation of annexation and detachment proceedings AN-1-04, AN-2-04, and AN-3-04; RESOLUTION - Approve Tentative Subdivision Map S-04-04, Westridge II Subdivision RESOLUTION - Approve Tentative Map S-19-03, Westridge III; and General Plan Amendments GPA-7-03 and GPA-3-04 (L-01 0-075/^A-150-I^G-030-01 01^L-01 0-2301^S-1 01-073/^S-1 01-068) The hour of7:00 p.m. having arrived, Mayor Dickerson opened the public hearing regarding the Westridge Master Plan: Certification ofthe Final Environmental Impact Report (FEIR) EIR-2-03; Initiation of annexation proceedings AN-1-04, AN-2-04, and AN-3-04; General Plan Amendments GP A - 7 -03 and GP A - 3 -04; Rezoning Application RZ-11-03; and Tentative Subdivision Maps S-04-04, Westridge II by Guiton, Gerboth and Guiton; and S-19-03, Westridge III by Greenview Development, Inc., located northeast of Power Line Road, east of Placer Road, and west of the Canyon Creek Road terminus at Blazingwood Drive 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 a letter from Citizens for Smart Growth was received supporting the project but delineating concerns regarding making the proposed park as large as possible, include six items submitted from the Bikes and Trails' Council, creatively build around trees in the Canyon Creek area, protect salmon and steelhead spawning areas, maintain design review, and require green design and building techniques. Development Services Director Hamilton provided highlights of the Report to City Council dated June 7,2007, incorporated herein by reference, and provided a Powerpoint presentation depicting the Westrigde Master Plan which proposes development of approximately 400 acres on the west side of Redding located northeast of Power Line Road, east of Placer Road, and west of the Canyon Creek Road terminus at Blazingwood Drive. The project would provide 271 single-family homes, 260 acres of open space and also proposes annexation of approximately 126 acres ofland. However, during the Planning Commission process, the Commission recommended annexation of only 76 acres to include the Greenview and Campo Calle areas, and exclude the Powerline Road area because no project has been introduced. I Mr. Hamilton stated that the Final Environmental Impact Report (FEIR) and Mitigation Monitoring and Recording Program will be presented first and voted on separately. He pointed out that proposed General Plan Amendments GPA-7-03 and GPA-3-04 would remove the Canyon Creek Road extension to Placer Road from the General Plan Transportation Element and provide prezoning for the proposed annexation properties. He added that the General Plan amendments must be approved in concept and brought back later in the meeting for adoption. Mr. Hamilton stated that the annexations would also revise the Primary Growth Boundary identified in the Community Development and Design Element, and the rezoning would change the land use classification of property from "Residential, 1 to 5 acres per unit" to "Residential, 2 to 3.5 dwelling units per acre." He stated that the project also provides several traffic mitigation measures to be funded by the developer including widening Placer Road to four lanes from the Westridge project entrance to Buenaventura Boul,evard and the developer's financial participation (19%) in the widening of Buena ventura Boulevard to Airpark Drive. Mr. Hamilton stated that the main issues for the project are: fire protection, water supplies, mitigation monitoring, a park fee agreement, Placer Road connection - interim and 6/1912007 130 permanent, emergency secondary access, Campo Calle access, Tree Management Ordinance, and an off-site sewer line extension. These issues are discussed and mitigated to the greatest extent possible through the FEIR, Mitigation Monitoring and Reporting Program, and in some instances through the Conditions of Approval for the Subdivisions. He pointed out that the Centerville Community Services District (CCSD) would supply the water service and has advised that it has the ability to provide treated water to the project at full buildout. He stated that a letter from CCSD provides information to make the necessary findings required by Government Code Section 66473.7 regarding delivery of a "sufficient water supply." Mr. Hamilton advised that the City's Master Sewer Plan includes an extension ofthe sewer line along the Canyon Creek stream corridor in an area which would be off-site. He related that the developer is obligated to make every attempt to obtain right-of-way for the sewer extension, but if all attempts fail, the developer could return to the City requesting that the necessary easement be obtained through eminent domain. It is conceivable he said that another option could be considered for the sewer line extension prior to commencement of eminent domain proceedings, however, the property in question would be the preferred route for the line and is identified in the General Plan and Sewer Master Plan. City Attorney Duvernay interjected that the sewer extension must be consistent with the City's Sewer Master Plan and options are very limited to change the sewer extension through property owned by William Cox as set forth in the General Plan. He pointed out that although it is required that the developer secure an easement and bargain in good faith, this particular issue would be an appropriate use of eminent domain because a sewer extension serves the good of the City and has been included in various documents over the years. I Mr. Hamilton related that the Westridge II Subdivision (S-4-04, by Guiton, Gerboth, and Guiton) will consist of66 single-family lots, 22.4 acres of public or private open space, 25.5 acres designated remainder, an overall density of 2.19 units per acre, and dedication of 1.2 acres of land as a portion of the 13-acre public park planned for the Westridge Master Plan. The Westridge III Subdivision (S-19-03 by Greenview Development, Inc.) will have 132 single- family lots with 168 acres in open space, an overall density of 1.93 units per acre, and the developer will dedicate land and construct an approximately 13-acre public park, pursuant to the proposed Park Fee Agreement which is included for consideration. I Mr. Hamilton explained that many public meetings have been held and comments received, but the major issues seemed to focus on the formula used relative to the number of completed houses that would trigger locking and unlocking the fire trail emergency access which was included in the Conditions of Approval for both Subdivisions. The completion formula was also tied to financial issues to fund various road improvements. 6/1912007 Mr. Hamilton stated that the annexations were of some concern to residents, in that the Planning Commission did not recommend approval of Annexation AN-2-04 and AN-3-04 because no plans were submitted. To have orderly annexation and findings, the proposed use should be known and mitigated measures in place prior to request for annexation. There are questions in the annexation process which cannot be answered without a proposed plan for use of the propert~. Mr. Hamilton explained that with the various recommendations, certain findings must be made as follows: 1. 2. 3. 4. 5. Project is compatible with the Redding General Plan; Project will not significantly alter existing land form; Project is compatible with surrounding land use; Project is compatible with the Code of the City of Redding, California Final Environmental Impact Report (FEIR) has been completed in conformance with the California Environmental Quality Act (CEQA) FEIR was presented to the City Council who reviewed and considered the information contained in the FEIR There is no substantial evidence that the Project as proposed, together with the mitigations listed in the FEIR, will have a significant effect on the environment . FEIR reflects the City's independent judgment and analysis That pursuant to Government Code Section 66473.7(e) the Centerville Community Services District has the ability to deliver treated water to the Project at full buildout I 6. 7. 8. 9. Mr. Hamilton recommended that the City Council: 1) - adopt a resolution making findings and certifying the completeness and adequacy of Environmental Impact Report EIR-2-03 I I I 131 prepared for the Westridge Master Plan and Annexation Area Project, adopting the Candidate Findings for project approval, and adopting the Mitigation Monitoring and Reporting Program for the Westridge Master Plan Project; 2) - adopt a resolution making findings and approving Tentative Subdivision Map Application S-4-04 for the Westridge II Subdivision Project subject to Conditions of Approval by Guiton, Gerboth, and Guiton ; 3) - adopt a resolution making findings and approving Tentative Subdivision Map Application S-19-03 for the Westridge III Subdivision Project subject to Conditions of Approval and approving the Park Development Agreement with Greenview Development, Inc. for construction of a 13-acre park site as set forth in the Westridge Master Plan; 4) - adopt a resolution requesting the Local Agency Formation Commission (LAFCO) to initiate proceedings for the reorganization of territory for Annexation No. AN -1-04 (Westridge Master Plan-Greenview and Campo Calle areas and detachment of County Service Area No. IS-Street Lighting and County Service Area No. I-Fire Protection), generally located east of Placer Road, northeast of Power Line Road, and west of Canyon Creek Road terminus at Blazingwood Drive; 5)- offer an ordinance for first reading and waive the full reading, amending Redding Municipal Code Section 18.01.050 (Zoning Map) by approving Rezoning Application RZ-ll-03, rezoning and prezoning property identified as the Westridge Master Plan and Annexation Area site generally located northeast of Power Line Road, east of Placer Road, and west of Canyon Creek Road terminus at Blazingwood Drive, rezoning from "RS-2" and "RS-3" Residential Single Family District to "RS-3" Residential Single Family District and "OS" Open Space District and prezoning to "RE-l " Residential Estate District, "RS-3" Residential Single Family District, and "OS" Open Space District, 6) approve, in concept, General Plan Amendment Applications GPA-7-03 and GPA-3-04. Council Member Murray asked that public testimony be taken on the FEIR first, and that the public testimony be closed prior to testimony being taken on the remainder of the Project. In response to Council Member Murray's request, City Attorney Duvernay advised that the City Council may vote for the FEIR "in concept" only because the resolution dealing with the FEIR California Environment Quality Act (CEQA) compliance has two parts; it adopts the FEIR, but also adopts project specific findings with regard to the two subdivisions and could be interpreted as adoption of the project in its entirety. Public Comment - Final Environmental Impact Report for the Westridge Master Plan and Annexations Eihnard Diaz, representing Greenview Development, Inc., Guiton, Gerboth, and Guiton, and Hoff and Howell, advised that they concur with the findings of the FEIR and the mitigation measures. Susan Weale, Bruce Waggoner, Tim Sargent, Marilyn Sargent, Lee Homer, did not support certification of the FEIR citing a complex sewer easement issue and lack of alternative routing, the potential for use of eminent domain to assist a developer, impacts and loss of wetlands, temporary roads, perceived violation of the City's Tree Ordinance, traffic congestion impacts, loss of wildlife and habitat, and current violations from the U.S. Army Corps of Engineers (Corps) for construction of Spice wood Drive. Rex Rider, Redding resident, supported the FEIR, the Westridge Master Plan, and additional egress points from the Country Heights Subdivision. Mayor Dickerson determined that no other individual wished to address this matte~ and closed the public hearing on the FEIR. Council Member Stegall pointed out that the FEIR makes a good faith effort at full disclosure . of issues for mitigation, but it is not a project approval. In response to Council Member Jones regarding the U.S. Army Corps of Engineers (Corps) notice to "Cease and Desist," Mr. Diaz explained that the "Cease and Desist" order was issued to another developer for construction of Spicewood Drive without obtaining the necessary permits from the Corps. Since that time, a permit application was submitted and the Corps has been reviewing this application for four years. Mr. Diaz added that a Regional Water Quality Control Board permit was obtained, after the fact, for the Spicewood improvements. He stated that this is a different development group and, to the extent possible, Westridge Developers are avoiding jurisdictional waters and wetlands areas. 6/1912007 132 Mr. Duvernay stated that he received a letter from Friends of Canyon Creek drafted by attorney Joseph Brecher questioning the adequacy of the FEIR with regard to water supply issues. Although he had not responded in writing, Mr. Duvernay stated for the record, that the City's position, as required by CEQA, is that a secure water supply has been provided for the project. He indicated that Mr. Brecher cited a recent California Supreme Court decision involving the City of Rancho Cordova and that decision set rules as to what is necessary for determination of an adequate FEIR water supply. He advised that Senate Bill 221 was also cited which states that when projects are considered, that a secure water supply be analyzed in the FEIR, and that the adequate water supplies be considered to serve not only people, but the environment. He explained that the Supreme Court decision set a four-part test for determination of water supply for potential projects, that when looking at an EIR one cannot ignore or assume a water supply, a water supply should be considered beyond a short term basis, and there must be a likelihood of providing water in the future. Mr. Duvernay explained that the case and facts of the City of Rancho Cordova as set forth in the Supreme Court decision depicts a totally different situation than the Project FEIR under review at this time. He related that the project submitted in Rancho Cordova anticipated 22,000 residential units and park, office, and commercial space and would require 22,000 acre feet of water. He stated that the developer for that project did not have any secure water supply, but provided a plan to dig a well for 10,000 acre feet of water, of which 5,000 acre feet would serve the project. The developer further indicated that an entitlement to 15,000 acre feet of water out of the American River would be sought. The Court saw that the acre feet in the proposed plan was only 20,000 when the project required 22,000. Mr. Duvernay related that the Court found that there were assumptions made without a strong likelihood of any of the assumptions coming to fruition. In contrast, he said the water supply from the CCSD has entitlement to 3,800 acre feet of water from which 900 acre feet is owned outright and 2,900 is under contract for forty (40) years to serve its current and future growth. He pointed out that CCSD is currently only using 1,700 acre feet of its available supply and the Project would only need 330 acre feet ofthe remaining CCSD 2,100 acre feet supply. He added that CCSD also has a contract with the Clear Creek Treatment Plant in which it has a 25% entitlement to the output of the plant and is currently only using 16% of that amount. He concluded that unlike Rancho Cordova, the Westridge Project has firm commitments for an adequate water supply now and through buildout. I In response to Council Member Murray's question whether the findings that the Centerville Community Services District can deliver a sufficient water supply should be incorporated into the motion for approval ofthe FEIR, Mr. Duvernay advised that the findings should be made part of the project (tentative map) approval only. I MOTION: Made by Council Member Murray, seconded by Council Member Bosetti, approving, in concept, the Environmental Impact Report EIR-2-03 prepared for the Westridge Master Plan and Annexation Area Project. The Vote: Unanimous Ayes Public Comment - Rezoning. Tentative Subdivision Maps for the Westridge II and II Subdivisions, and General Plan Amendments Gary Cadd, resident of Ridge view Subdivision, expressed concern regarding the emergency fire access road set forth in the Conditions of Approval for both Westridge II and Westridge III Subdivisions. He asked that Section 15 be amended adding subsection e. - "Lock approved by the City Engineer and City Fire Marshal shall be installed on the emergency- access road gate at Everest Drive," adding to subsection 15 .e.( 1) "The emergency-access road be gated and locked immediately upon completion. The gate shall be unlocked and closed with the issuance of a certificate of occupancy for the 55th lot in the Westridge Subdivision. The gate be permanently locked upon issuance of a certificate of occupancy for the 77th lot in the Westridge Subdivision. It is not intended that the emergency access road ever be converted to a standard public street," and adding subsection 15.e.(6) "No walking trail will be constructed next to the emergency access road, from the emergency-access road bridge up to Everest Drive." and finally, that the word "decorative" be added to 15.e.(2) relative to the design and materials of the gate. Mr. Hamilton stated that this was similar to what staff was conditioning and advised that it could be included with Council approval. I Council Member Bosetti related that he met with area residents, including Mr. Cadd, and he recommended that the amendments suggested by Mr. Cadd be added to the Conditions of Approval for Section 15. 6/19/2007 133 Lang Dayton, representing the Trails and Bikeway Council of Greater Redding, supported the Project citing connectivity ofthe trails with other areas and urged that the proposed trails be constructed prior to the sale of homes. William Cox, Redding resident, advised that he is the property owner of the proposed location for the sewer extension and that the developer has not approached him regarding the purchase of an easement or right -of-way across his property. He opposed the use of eminent domain to benefit a private developer. I In response to Council concerns, Mr. Duvernay pointed out that discussions regarding acquisition of easements and particularly of eminent domain are somewhat premature because the project has not been approved. He added that the use of eminent domain for a sewer extension (public infrastructure) is not equal to taking land from one property owner and giving it to another for development. Doug Eaton, representing Leon Jones (area property owner), stated that the Jones' anticipated annexation in the area quite some time ago, but have never been contacted regarding annexation which they support. He stated that when the Development Services Department was contacted about omitting the Jones', the rationale was that a tentative map had not been prepared and submitted by the Jones' and, therefore, the property was not included. Mr. Eaton asked that Council postpone approval of the annexation for 90 days to provide the Jones' with an opportunity to prepare a map application for submission so that his property can be included. Mr. Hamilton responded that the lack of a tentative map or project was not the deciding factor in omitting the Jones' property to the annexation request, but the annexation request is based on satisfaction of the General Plan Policy adopted in 2000 relative to the annexation process. I Eihnard Diaz, also representing Leon Jones, pointed out that the Report to the Planning Commission dated May 14, 2007, indicates that the Powerline Annexation Area was addressed in the Prezoning criteria. He contended that the Powerline Annexation Area should be included in the development proposal as necessary infrastructure because emergency responders coming into the Westridge Subdivision areas, must access Powerline Road. Mr. Hamilton responded that, at this time, annexation of the area does not provide a logical service area progression or a logical connection to future development. City fire and police services would have to travel a mile on Powerline Road (in Shasta County) to service the houses in that area and he added that the road is substandard. Ron Reece, Co-Founder of Citizens for Smart Growth, supported the Westridge Project as a model development provided that the City Council enlarge the proposed park, retain as many trees as possible, grade responsibly, encourage "green" building, and develop a checklist that could be posted for public review. Joy Newcom-Wade and Russ Wade maintained that intersections such as Placer Road west of Buena ventura Boulevard should comply with the Americans With Disabilities Act (ADA) before any further construction is attempted in the area. Theyalso voiced concern regarding construction noise, earthquake preparedness, construction chemicals use~ for the project, a water supply outside the City limits, acquisition of rights-of-ways and the infrastructure timetable. I Rex Rider, Bruce Waggoner, Susan Weale, Marilyn Sargent expressed concern regarding placement of the sewer extension easement through Mr. Cox's property, aesthetics of the Project, the emergency access road locking/unlocking thresholds, clear-cut "grading, and suggested providing an in-place monitoring group to ensure adherence to requirements. Mr. Diaz pointed out that the Hoff and Howell property is directly adjacent to Mr. Cox's property and their representative, Ron Middleton, and Keith Wahl ofOmni Means has had numerous conversations with Mr. Cox relative"to the proposed sewer easement and informed Mr. Cox that the proposed sewerline would extend into his existing driveway for 350 feet. Mr. Diaz explained that certain elements of the proposed project must be in place before discussions could begin with Mr. Cox regarding the sewerline right-of-way. These included an appraisal (received just this week), calculations to determine the amount of linear feet needed for the sewerline extension which could not be made until a design was completed, and approval of the completed environmental process and tentative map by the City Council. He assured the City Council that it was never anyone's intention not to include Mr. Cox in discussions, but rather certain elements of the project needed to be completed before serious 6/19/2007 134 negotiations could take place. He contended that Mr. Cox entered into a Deferred Improvement Agreement in 1988 with the City for road frontage improvements and that document may have a bearing on the sewer extension, dependent upon where the road frontage is placed. Mr. Diaz also addressed several public comments, pointing out that the intention of the developers is to avoid, as much as possible, any wetland areas and that they are well aware of necessary permits if no alternatives are found. He stated that the circumstances relative to the amount of homes sold necessary to trigger improvements on Placer Road were approved by the developers. He also pointed out that the park size was recommended by the Community Services Advisory Commission in July 2006. He stated that "green" housing technology has and will be reviewed for use in these developments. I In response to Council Member Stegall, Mr. Diaz explained that the Tree Ordinance is being strictly adhered to and the reference made to cutting trees offthe ridgetop during grading did not point out that those trees were primarily "scrub." He noted that 260 acres of open space are being preserved where no trees of any type will be removed and the Grading Ordinance which prohibits debris falling into the creek areas below and requires erosion control will be strictly adhered to. Mr. Diaz urged that the Powerline Road annexation be included, as it provides a loop through the Project. Paul Edgren, developer, thanked City staff for assistance in bringing the Project this far. He urged Council approval and supported inclusion ofthe Jones and McColl properties in the annexation process. In response to Council Member Stegall, Mr. Hamilton reiterated that because no project applications for annexation were received, it is not feasible to include the Jones and McColl properties in the annexation process at this time because questions regarding a proposed project could not be addressed. He pointed out that the property owners could develop a proposal and apply for annexation at a later date. Council Member Murray supported annexation of the Greenview and Campo Calle areas with a caveat to provide an opportunity for annexation ofthe other two properties (Powerline Road) in approximately 180 days. I Leon Jones, property owner, contended that he was told by City staff not to bring forward a tentative map proposal because he would be included in the annexation without one. He stated that he had anticipated being included in the annexation for a number of years and was prepared to move forward. He urged the City Council to include his property in the annexation and added that he believed that the best route for the sewerline extension would be through his property and not Mr. Cox's. Council Member Bosetti expressed concern that Mr. Jones was led to believe he would be included in the al11)exation process and supported addition ofthe Powerline Road annexation AN -3 -04 to the request to LAFCO, maintaining that there was enough information to warrant moving forward with AN-3-04 and that a tentative map could be submitted by Mr. Jones at a later date. Mayor Dickerson determined that no other individual wished to address this matter and closed the public hearing. Council Member Jones advised that he was unwilling to consider eminent domain on the Cox property and, therefore, would vote no on all aspects ofthe Westridge Project. I MOTION: Made by Council Member Murray, seconded by Council Member Stegall, adopting Resolution No. 2007-120, a resolution of the City Council of the City of Redding certifying the completeness and adequacy of Final Environmental Impact Report EIR-2-03 (FEIR), adopting the Candidate Findings for Project approval, and adopting the Mitigation Monitoring and Reporting Program for the Westridge Master Plan and Annexation Area Project, finding that: 1) the FEIR has been completed in conformance with the California Environmental Quality Act (CEQA), 2) the FEIR was presented to the City Council who reviewed and considered the information therein, 3) in response to written comments 6/1912007 135 I received for the FEIR, minor corrective or clarifying revisions were made as contained in the Errata, 4) there is no substantial evidence that the Project, as proposed, together with the mitigations listed in the FEIR, will have a significant effect on the environment, and 5) the FEIR reflects the City's independent judgment and analysis, and that the findings are appropriate and proper to support the approval of: 1) the FEIR-2-03, 2) Annexation Applications AN-I-04 and AN-3-04, 3) General Plan Amendments GP A-7-03 and GP A-3- 04,4) Rezoning Application RZ-ll-03, and 5) Tentative Subdivision Map Applications S-4- 04 and S-19-03. The Vote: AYES: Council Members - Bosetti, Murray, Stegall, and Dickerson NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2007-120 is on file in the Office ofthe City Clerk. MOTION: Made by Council Member Murray, seconded by Council Member Stegall, adopting Resolution No. 2007-121, a resolution of the City Council of the City of Redding requesting the Local Agency Formation Commission (LAFCO) to initiate proceedings for the reorganization of territory (approximately 75 acres) for Annexation No. AN-I-04 ( (Westridge Master Plan-Greenview and Campo Calle areas) and detachment of County Service Area No. 15-Street Lighting and County Service Area No. I-Fire Protection generally located east of Placer Road, northeast of Power Line Road, and west of Canyon Creek Road terminus at Blazingwood Drive; and deferred action on Annexation AN-3-04 (Powerline Road) for 180 days. The Vote: AYES: Council Members - Murray, Stegall, and Dickerson NOES: Council Members - Bosetti and Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2007-121 is on file in the Office ofthe City Clerk I MOTION: Made by Council Member Stegall, seconded by Council Member Bosetti, approving in concept, General Plan Amendment Applications GP A-7 -03 and GP A-3-04, removing the planned extension of Canyon Creek Road from the General Plan Diagram for properties located at 16989 Campo Calle and 950, 959, 960, 979, 980, and 985 Canyon Creek Road, modification of the Primary Growth Boundary, and changing land use designation from "Residential, 1 to 5 acres" to "Residential, 2 to 3.5 units per acre." The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Murray, Stegall, and Dickerson Council Members - Jones Council Members - None Council Members - None I MOTION: Made by Council Member Bosetti, seconded by Council Member Stegall, making findings that the Westridge Master Plan Project is compatible with the Redding General Plan; will not significantly alter existing land form; is compatible with surrounding land use; and compatible with the Code ofthe City and the approved FEIR as authorized by the Development Services Department, and approving Rezoning Application RZ-II-03 rezoning and prezoning property identified as the Westridge Master Plan and Annexation Area site generally located northeast of Power Line Road, east of Placer Road, and west of Canyon Creek Road terminus at Blazingwood Drive rezoning from "RS-2" and "RS-3" Residential Single Family District to "RS-3" Residential Single Family District and "OS" Open Space District and prezoning to "RE-l " Residential Estate District, "RS- 3" Residential Single Family District, and "OS" Open Space District. The Vote: AYES: Council Members - Bosetti, Murray, Stegall, and Dickerson NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Council Member Bosetti offered Ordinance 2389 for first reading, an ordinance of the City Council of"the City of Redding, amending Redding Municipal Code Section 18.01.050 (Zoning Map) by approving Rezoning Application RZ-ll-03, rezoning and prezoning property identified as the Westridge Master Plan and Annexation Area site generally located northeast of Power Line Road, east of Placer Road, and west of Canyon Creek Road terminus 6/1912007 136 at Blazingwood Drive rezoning from "RS-2" and "RS-3" Residential Single Family District to "RS-3" Residential Single Family District and "OS" Open Space District and prezoning to "RE-l" Residential Estate District, "RS-3" Residential Single Family District, and "OS" Open Space District. MOTION: Made by Council Member Bosetti, seconded by Council Member Stegall, that the full reading of Ordinance 2389 be waived, and that the City Attorney be instructed to read the full title. The Vote: AYES: Council Members - Bosetti, Murray, Stegall, and Dickerson NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None I Council Member Murray expressed support for orderly expansion of development of cities with processes through the law, including eminent domain, but did not support the excesses practiced in some areas, particularly under redevelopment law, that would take property from one private person to enrich another. Council Member Murray questioned how the monitoring, as set forth in the proposed addition of Conditions of Approval 104 (Westridge II) and 107 (Westridge III) for the Tentative Subdivision Maps, would be accomplished. Specifically, what funds would be available to pay for someone to monitor that this condition was properly completed. Mr. Hamilton responded that new Conditions as proposed by staff could be amended to reflect that the developer make a payment initially for monitoring purposes. Council Member Murray also questioned how much of the cost of the proposed traffic mitigations would be the responsibility of the City as the Report states that the developer will only be paying a "fair share." Mr. Hamilton explained that many of the projects are included in the City's Traffic Impact Fee priority list, however, if there is not sufficient funding or it is not a street slated for TIF funding, the usual course is to negotiate a reimbursement agreement with the developer to disburse "shares" for road improvements at a later date. In response to Council Member Murray's concerns regarding Condition of Approval 8, that the developer shall be responsible for all off-site right-of-ways or easements, City Engineer Tippin assured that, as standard practice, improvement plans are not accepted or grading permits issued until such time as the rights-of-way are secured, but he stated that language could be added that no grading permit shall be issued until such time as the easements are in place. I Council Member Murray also expressed concern with Condition of Approval 16.c which appeared to depend on the 'ability of the developers to work together with good will. He hoped that one developer would not rush through completion of units and reach the 150- home trigger for improvements before the other developer had an opportunity to complete enough homes to financially participate in the improvement. Mr. Hamilton concurred and stated that inter-relationships of the developers is always at issue, however formulating a method to control construction ofthe amount of homes needed to trigger improvements such as the widening of Placer Road is difficult at best, but it does dictate that the developers work together. He contended that either Westridge II or III would not be able to reach the trigger point of 150 homes alone. Following discussion, the City Council concurred not to amend this Condition. Council Member Murray urged that Condition of Approval 90 be amended to include language that "the developer shall be responsible for the park design in coordination with the City's Community Services Department and in concert with the Youth Action Council." He also recommended that the proposed trails be identified. . I MOTION: Made by Council Member Murray, seconded by Council Member Bosetti, adopting Resolution No. 2007 -122 approving Tentative Subdivision Map Application S-4-04 for Westridge II Subdivision, subject to the Conditions of Approval as amended, making the required Tentative Map Findings that none of the circumstances as set forth in Government Code Chapter 66474.61 (a) through (g) exists; and finding that the Centerville Community Services District can deliver a sufficient water supply pursuant to Government Code Section 66473.7(e). 6/1912007 137 The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Murray, Stegall, and Dickerson Council Members - Jones Council Members - None Council Members - None Resolution No. 2007-122 is on file in the Office of the City Clerk I MOTION: Made by Council Member Bosetti, seconded by Council Member Stegall, adopting Resolution No. 2007-123, a resolution of the City Council of the City of Redding, approving Tentative Subdivision Map Application S-19-03, Westridge III Subdivision subject to the Conditions of Approval as amended, approving a park development agreement with Greenview Development for construction of a 13-acre park as set forth in the Westridge Master Plan, and making required Tentative Map Findings that none of the circumstances as set forth in Government Code Chapter 66474.61(a) through (g) exists; and finding that the Centerville Community Services District can deliver a sufficient water supply pursuant to Government Code Section 66473.7(e). The Vote: A YES: Council Members - Bosetti, Murray, Stegall, and Dickerson NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2007-123 is on file in the Office of the City Clerk I PUBLIC HEARING - Tentative Subdivision Map S-13-06-Lakeridge Cottages and General Plan Amendment Application GP A-9-06 ORDINANCE - Planned Development Application PD-6-06 and Rezoning Application RZ- 12-06 (S-101-120/^L-OIO-211-032/^G-030-010/^L-OIO-230) The hour of7:00 p.m. having arrived, Mayor Dickerson opened the public hearing regarding the Mitigated Negative Declaration prepared for the Lakeridge Cottages, Tentative Subdivision Map S-13-06, Planned Development Application PD-6-06, General Plan Amendment Application GP A -9-06, and Rezoning Application RZ-12-06, located at 11106 Campers Court, southwest of the Interstate 5/Lake Boulevard/State Route 299 interchange, by Thomas Martin & Associates. 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. I Development Services Director Hamilton provided highlights of the Report to City Council dated June 5, 2007, explaining that Tentative Map Application S-13-06 proposes to subdivide 4.9 steep acres into the 43-unit, small-lot Lakeridge Cottages Subdivision located at 11106 Campers Court. In order to accomplish this, developer, Thomas Martin and Associates, applied for a General Plan Amendment GP A-9-06 to change the land designation from "Residential 2-3-5 units per acre" and Residential 6-1 0 units per acre" and "Greenway" to "Residential 6-10 units per acre" and "General Commercial," Rezoning Application RZ- 12-06 and Planned Development Plan PD-6-06 to rezone the property from "GC" General Commercial District to "RM-9-PD" Residential Multiple Family District with Planned Development District Overlay. He explained that the homes would be detached but clustered in groups of four to ten units, with a shared access from a central "motor court" driveway which will be maintained by a homeowners association. He related that 81 trees will be removed due to steep terrain and significant -grading, but will be replaced with 262 trees which are part of the development. Mr. Hamilton related that included in the General Plan Amendment, is property currently utilized as a trailer park/recreational vehicle park which is zoned "Greenway." The zoning will be changed to "General Commercial." Mr. Hamilton recommended that the City Council make findings to adopt the Mitigated Negative Declaration prepared for the Lakeridge Cottages Subdivision Project, approve General Plan Amendment GP A-9-06 in concept, approve Tentative Subdivision Map S-13- 6/1912007 138 06, approve Planned Development PD-6-06 and Rezoning Application RZ-12-06, and offer an ordinance for first reading and waive the full reading. Dean Roesner, Redding resident, recalled that at the Planning Commission meeting, a six- foot noise wall was to be installed around the perimeter of the project. However, there appeared to be a discrepancy between the Tentative Map and the staff report that indicated the noise wall would not connect on the south boundary. He explained that his property is adjacent to the south boundary of the project, and if the wall does not connect at that point, it will become a gateway to a wooded area on his property. He pointed out that this open section would invite trespassers to use his property for recreation and other purposes leaving him vulnerable to liability claims. He also took exception to the General Plan amendment which proposes greater densities for the project than exist on his and other adjoining properties because, historically, the area has shared the same density. Mr. Rosener asked that the General Plan amendment only include the Lakeridge Cottages project and the existing mobile home park and exclude the area which may be proposed for the Lakeridge Oaks. He also asked that there be a buffer density between the properties to the south (Residential, 2 to 3.5 units per acre) and the proposed General Plan Amendment for property west of the Lakeridge Cottages project site (Residential, 6 to 10 units per acre). He also advised that he had not received notification by mail of the this evening's public hearing. I In response to Mayor Dickerson regarding the proposed noise wall, Mr. Hamilton acknowledged that the staff report to the Planning Commission was incorrect, and that in accordance with the Conditions of Approval for the Project, there will be a complete wall on the south side of the project. He added that the proposed General Plan amendment coincides with existing Zoning on the property. Rita Lorenz, Ed Gorge and John McDermott, opposed the General Plan amendment to increase the density of the property directly behind their homes, and added that they, too, did not receive notification of the public hearing, but heard about it from a neighbor. They pointed out that the amendment would affect neighbors to the west ofthe Lakeridge Cottages project as well and cited other issues of concern such as increased traffic, noise, safety, and the loss of open space and greenway areas. Mayor Dickerson expressed concern that these people did not receive notification regarding the proposed General Plan amendment. I City Attorney Duvernay advised that because these property owners were omitted from notification of the public hearing, he recommended that the City Council return the General Plan issue be returned to the Planning Commission level to afford these people with an opportunity to voice their concerns. Mr. Hamilton acknowledged that while certain affected individuals had inadvertently been omitted from the notification process, their concerns regarding General Plan Amendment density issues for the property west of the Lakeridge Cottages project (unofficially earmarked for the Lakeridge Oaks Subdivision Project), will be addressed at the Planning Commission level as part of that project. Eric Carlson, with Sharrah Dunlap Sawyer, representing the applicant, urged support for the project. Mayor Dickerson determined that no other individual wished to address this matter and closed the public hearing. Council Member Bosetti expressed reluctance to move forward with the project because the Planning Commission did not have benefit of this testimony when considering the entire project which may have affected its recommendations. I MOTION: Made by Council Member Murray, seconded by Council Member Jones, 1) making findings that the project will not have a significant effect on the environment and is the independent judgment and analysis of the City, and thereby adopting the Mitigated Negative Declaration prepared for the Lakeridge Cottages Subdivision, and finding that the Project is compatible with the Redding General Plan, will not significantly alter existing land form, is compatible with surrounding land use, and is compatible with the Code of the City of Redding, is adequate in size and shape for said use, has adequate access, adequate public services exist or will be provided, and carries out the intent of the Planned Development 6/1912007 139 provisions, 2) approving, in concept, General Plan Amendment GP A-9-06, excepting the property west of the Lakeridge Cottages project site, 3)- approving the Tentative Subdivision Map Application S-13-06 for the Lakeridge Cottages Subdivision, located at 11106 Campers Court, by Thomas Martin and Associates, 4) - approving Planned Development Plan PD-6- 06, and 5) approving Rezoning Application RZ-12-06. The Vote: AYES: Council Members - Jones, Murray, Stegall, and Dickerson NOES: Council Members - Bosetti ABSTAIN: Council Members - None ABSENT: Council Members - None I Council Member Murray offered Ordinance 2390 for first reading, an ordinance ofthe City Council of the City of Redding amending Redding Municipal Code Title 18, rezoning property generally located at the end of Campers Court from "GC" General Commercial District to "RM-9-PD" Residential Multiple Family District with Planned Development District Overlay, excepting the property west of the Lakeridge Cottages project site. MOTION: Made by Council Member Murray, seconded by Council Member Jones, that the full reading of Ordinance 2390 be waived, and that the City Attorney be instructed to read the full title. The Vote: AYES: Council Members - Jones, Murray, Stegall, and Dickerson NOES: Council Members - Bosetti ABSTAIN: Council Members - None ABSENT: Council Members - None I REQUEST FOR PROPOSALS - Allocation of$1 Million Mitigation Fee (Lowe's affordable housing mitigation) (L-OIO-005) City Manager Starman recalled that the Lowe's entitlement process for their new store at 1200 Cypress Avenue included a mitigation amount for affordable housing of $1 million. In 2006, the City issued a Request for Proposal (RPF) to receive potential plans for use of the funds for affordable housing in the City, and 18 proposals were received. These proposals were reviewed by the Community Development Advisory Committee (CDAC) and while two (Habitat for Humanity and Providence International Foundation), were considered by the City Council, both proposals failed to come to fruition. Mr. Starman recommended that the City Council direct staff to issue a new RFP to solicit additional creative ideas for use of the $1 million for affordable housing projects. John Truitt and Jim Knoenigsaecher recommended that the funds be allocated to the Downpayment Assistance Program (DAP) currently administered by the City's Housing Division. Mr. Truitt also suggested that the money could be sustainable through repayment, and he urged that the funds be used in the Downtown Specific Plan area. Council Member Stegall favored programs that maximize use of the funds over one-time capital projects. She believed that not all service organizations were made aware that discussions relative to the use of the funds would be held this evening. She supported issuance of a new RFP and added that staff should include a trust fund to keep the money working for affordable housing. I MOTION: Made by Council Member Stegall, seconded by Council Member Murray, directing staff prepare and circulate a new Request for Proposal to solicit creative ideas for use of $1 million for affordable housing projects, without a time limit, and using the Community Development Advisory Commitee to review the proposals and make recommendation to the City Council for consideration. The Vote: Unanimous ayes RESOLUTION - General Plan Amendments GPA-7-03, GPA-3-04, WestridgeMasterPlan; and GP A-9-06 Lakeridge Planned Development (G-030-010/^S-101-068/^S-1 01-073/^L-OI 0-21 1-032) Development Services Director Hamilton related that General Plan Amendment GP A - 7 -03 and GPA-3-04 are associated with the Westridge Master Plan and propose to remove the Canyon Creek Road extension to Placer Street from the Transportation Element, revise the Primary Growth Boundary identified in the Community Development and Design Element and change the land use classification of property from "Residential, I to 5 acres" to "Residential, 2 to 3.5 units per acre." 6/19/2007 140 Mr. Hamilton stated that General Plan Amendment GP A-9-06 will be modified pursuant to City Council concerns regarding notification and will exclude the property west of the Lakeridge Cottages project site and include the property located at 11106 and 11075 Campers Court (Lakeside Cottages Subdivision Planned Development). Mr. Hamilton recommended that a resolution be adopted approving GP A-7-03, GP A-3-04, and GP A-9-06 amending the General Plan Diagram to incorporate these changes. Council Member Jones stated while he supported the Lakeridge Cottages Project, he did not support the Westridge Master Plan and therefore would vote no on the resolution which included both projects. I MOTION: Made by Council Member Bosetti, seconded by Council Member Stegall, making findings and adopting Resolution No. 2007-124, a resolution of the City Council of the City of Redding, amending the General Plan Diagram by adopting General Plan Amendments GP A-7 -03 and GP A-3-04, removing the planned extension of Canyon Creek Road from the General Plan Diagram for properties located at 16989 Campo Calle and 950, 959,960,979,980, and 985 Canyon Creek Road, modifying the Primary Growth Boundary for Assessor Parcel Numbers (APN) 203-160-019, -001, 204-440-004, -005, -013, and changing land use designation on property identified as APN 203-160-019 and a 14-acre portion of 16989 Campo Calle from "Residential, 1 to 5 acres" to "Residential, 2 to 3.5 units per acre," and adopting General Plan Amendment GP A-9-06 changing the land use designation on properties identified as 11106 and 11075 Campers court from "Residential, 2 to 3.5 dwelling units per acre" and "Greenway" to "Residential, 6 to 10 dwelling units per acre" and "General Commercial," excepting the property to the west of the Lakeridge Cottages project site. The Vote: AYES: Council Members - Bosetti, Murray, Stegall, and Dickerson NOES: Council Members - Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2007-124 is on file in the Office of the City Clerk I RESOLUTION - Authorizing solicitation of bids and preliminary financing for construction of Unit #6 at the Redding Power Plant (E-120-150-676) Electric Utility Director Feider related that by the summer of20 11, Redding Electric Utility (REU) will begin to experience shortfalls in its electric resource portfolio. REU staff is exploring various energy resource options but has also indicated that a local generation option is needed for the future. In anticipation of this prediction, he recalled that the City Council approved the necessary permits in May 2006, to construct a second 45-MegaWatt combined-cycle gas-powered generator at the Redding Power Plant, Generating Unit #6. A Use Permit was granted by the City's Board of Administrative Review on February 1,2007, and an Authority to Construct Permit was received from the Shasta County Department of Resource Management that same month. REU has received all necessary discretionary permits for construction and the California Environmental Quality Act (CEQA) process is complete. Mr. Feider stated that Generating Unit #6 will take three years to construct and the estimated cost is $62 million including a contingency fund. He stated that it is proposed to utilize tax- exempt bonds that would mature in 30 years. Mr. Feider recommended that a resolution be adopted authorizing solicitation of bids and pre-financing activity for construction of Generating Unit #6 at the Redding Power Plant and declaration of intent to reimburse certain expenditures from proceeds of indebtedness. I MOTION: Made by Council Member Murray, seconded by Council Member Stegall, adopting Resolution No. 2007-125, a resolution of the City Council ofthe City of Redding, authorizing solicitation of bids and pre-financing activity for construction of Generating Unit #6 at the Redding Power Plant at a cost not-to-exceed $62 million and declaration of intent to reimburse certain expenditures from proceeds of indebtedness. The Vote: AYES: Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson . NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None 6/1912007 141 Resolution No. 2007-125 is on file in the Office of the City Clerk I RESOLUTION - Authorizing a 10-year Supplemental Energy Sale and Scheduling Agreement with the City of Shasta Lake (E-120) Electric Utility Director Feider related that the City of Shasta Lake (Shasta Lake) receives an allocation of energy from the Western Area Power Administration, and for the past three years, Redding Electric Utility (REU) has provided Shasta Lake with supplemental energy and related scheduling services through a Supplemental Energy Sale and Scheduling Services Agreement (Agreement). He stated that the Agreement will expire December 31,2007, and, in anticipation of that date, the City Council approved a Letter ofIntent with Shasta Lake on May 1, 2007, to begin negotiations for a new Agreement. Mr. Feider advised that through the negotiations, Shasta Lake agrees to pay an initial cost of $ 7 5.00 per MegaWatt hour (MWh) with an expected usage of approximately of 50,000 MWh per year, which represents 3.5% to 4% ofREU's energy resource portfolio. The term ofthe agreement will be January 1, 2008 to December 31, 2017. Mr. Feider recommended that a resolution be adopted authorizing the City Manager to enter into a new Supplement Energy Sale and Scheduling Agreement with the City of Shasta Lake for a term of 10 years. MOTION: Made by Council Member Stegall, seconded by Council Member Murray, adopting Resolution No. 2007-126, a resolution of the City Council of the City of Redding, approving and authorizing the City Manager or his designee to execute the Supplemental Energy Sale and Scheduling Services Agreement with the City of Shasta Lake for a ten-year term. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Jones, Murray, Stegall, and Dickerson Council Members - None Council Members - None Council Members - None I Resolution No. 2007-126 is on file in the Office of the City Clerk ADJOURNMENT There being no further business, at the hour of 12:25 p.m., Mayor Dickerson declared the meeting adjourned. APPROVED I~~ Mayor I ATTEST: ~;J~.I/~ City Clerk / 6/1912007