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HomeMy WebLinkAboutMinutes - City Council - 2008-05-20 83 City Council, Regular Meeting City Council Chambers 777 Cypress Avenue Redding, California May 20, 2008, 7:00 p.m. The Pledge of Allegiance to the flag was lead by Council Member Dickerson. The Invocation was provided by Redding Police Chaplain Ray Foust. I The meeting was called to order by Mayor Stegall with the following Council Members Present: Bosetti, Dickerson, Jones, and Murray. Also present were City Manager Starman, Assistant City Manager/Transportation and Engineering Director Tippin, City Attorney Duvernay, Development Services Director Hamilton, Police ChiefMoty, Fire Chief Fry, Finance Officer Strong, Community Services Director Niemer, Associate Planner Adams, City Clerk Strohmayer, and Executive Assistant Stribley. PUBLIC COMMENT (E-090 & S-020) Gary Cadd, Redding resident, asked that City Council direct Redding Electric Utility staff and Solid Waste staff to meet and resolve public safety issues surrounding disposal of candescent fluorescent light bulbs containing mercury, and also emphasized the importance of keeping mercury out of the landfill. I RESOLUTION - Honoring Glenn Miller for service to local veterans (A-050-060) Mayor Stegall presented a resolution posthumously commending Glenn Miller to his widow and daughter. She related that Mr. Miller passed away last year, and up to that time, he was the community's strongest advocate and voice for veterans. Mayor Stegall said Mr. Miller worked tirelessly to support and promote projects to benefit veterans such as the Northern California Veterans' Cemetery in Igo, the soon-to-be-constructed Veterans' Home, and many others through the years. MOTION: Made by Council Member Murray, seconded by Council Member Jones, adopting Resolution No. 2008-45, a resolution ofthe City Council ofthe City of Redding, commending Glenn Miller for his commitment to veterans and his dedication to the betterment of the community. The Vote: AYES: Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Resolution No. 2008-45 is on file in the Office of the City Clerk I PRESENTATIONS - Graduating Youth Action Council members (B-080-600-300) Mayor Stegall thanked and commended Youth Action Council (Y AC) members Jack Thibeau, Shane Wright, Regina Misslin, and Lauren Gallagher for their significant contributions to the establishment ofY AC and their hard work on many community projects such as the rehabilitation of Fox Tail Park. The graduating members thanked the City Council and the community for supporting Y AC and the opportunity it provides to serve and learn about the community. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar. Approval of Minutes - Regular and Special Meetings of May 6, 2008, and Special Meeting of May 7,2008 512012008 84 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 21, check numbers 862468 through 863069 inclusive, in the amount of $6,444,618.34, for the period of May 1, 2008, through May 16, 2008; and Payroll Register No. 22 electronic deposit transaction numbers 229828 through 230714 and check numbers 539974 through 540106 inclusive, in the amount of $2,516,755.63, for the period of April 20, 2008, through May 3,2008 be approved. TOTAL: $8,961,373.97 Ordinance - Amending Redding Municipal Code Chapter 2.20, defining and describing the duties of the elected position of City Treasurer, and creating the position of Administrator of the Office of the City Treasurer and associated duties (A-050-100) It is the recommendation of the City Attorney that Ordinance No. 2408 be adopted, an ordinance of the City Council of the City of Redding, amending Redding Municipal Code Chapter 2.20, defining and describing the duties ofthe elected position of City Treasurer, and creating the position of Administrator of the Office of the City Treasurer and associated duties. I Third Amendment to Lease - Use of public stairs at the Parlay building (C-070-100) It is the recommendation of the City Manager that the City Council authorize the Mayor to execute the Third Amendment to the Lease with the Redding Redevelopment Agency (C- 1652) to use the publicly-owned stairway as a second access for the Redding Police Department Investigations Division in the Parlay Building of the Downtown Redding Mall with a term from July 1998, to May 31,2011, in the amount of$360 annually. Turtle Bay Exploration Park - Quarterly Report (C-070-250-250) It is the recommendation of the Assist,ant to the City Manager that the City Council accept the Quarterly Report from Turtle Bay Exploration Park for the third quarter ofthe fiscal year ending June 30, 2008. Award of Bid - Bid Schedule No. 4113, Preparation of an Environmental Impact Report (EIR) for Salt Creek Heights Subdivision; and Agreement - RBF Consulting (B-050-1 OO/S-l 01-13 5/L-0 10-075) It is the recommendation of the Development Services Director that Bid Schedule No. 4113, Preparation of an Environmental Impact Report (EIR) for the Salt Creek Heights tentative subdivision map application (S-15-07), Rezoning Application RZ-6-07, and Planned Development Plan (PD-11-07), located at 4200 Eureka Way be awarded to RBF Consulting in the amount of $169,104, to be paid by the project applicant as a private development project. It is further recommended that an agreement be approved with RBF Consulting for same. I Matthew Shuman requested that the impacts of the current traffic situation at the intersection of Sunset Drive and Eureka Way be taken into account when considering the EIR for the proposed project. City Manager Starman assured that the intersection will be studied during the EIR process. Fourth Amendment to Lease Agreement - Parlay Investments, Inc. for the Police Investigations Division, located in the Downtown Mall (A-070-075 & P-150-150) It is the recommendation of the Police Chief that the City Council authorize the Mayor to execute the Fourth Amendment to the Lease Agreement (C-3216) with Parlay Investments, Inc. for the Police Investigations Division, located at 1516 Market Street in the Downtown Mall for an additional one year term expiring May 31,2009, in the amount of$52,918.44. I First Amendment to License and Permit for Commercial Activities - SkyWest Airlines, Inc. (C-070-100 & A-090-100-840) It is the recommendation of the Transportation and Engineering Director that the City Council approve the First Amendment to License and Permit Commercial Activities agreement with SkyWest Airlines, Inc. for an additional 2,024 square feet at the Redding Municipal Airport in the additional amount of$835 per month. 5/20/2008 85 Sacramento River Lease Agreement-PRC 5387.9 - California State Lands Commission (W-01O-450) It is the recommendation of the Transportation and Engineering Director that the City Council authorize the Mayor to execute the Sacramento River Lease Agreement - PRC 5387.9 with the California State Lands Commission for replacement ofthe Clear Creek Wastewater Treatment Plant diffuser for a term of 25 years beginning March 25, 2008, and expiring March 24,2033. I Amendment to Consultant Services Agreement - CH2M Hill for Stillwater Business Park Sanitary Sewer Force Main and Lift Station Design (W-020-560 & E-050-500) It is the recommendation of the Transportation and Engineering Director that the City Council authorize the Mayor to execute an Amendment to the Consultant Services Agreement with CH2M Hill to provide engineering and construction support services for the Stillwater Business Park Sanitary Sewer, Force Main, and Lift Station design in the amount of $60,000 with a not-to-exceed amount of $540,000; and authorize the City Manager to approve Agreement increases and provide a contingency fund in the amount of $25,000 for the Stillwater Business Park Project budget. Resolution - Accepting streets and improvements in Clover Acres Subdivision Unit 2 (S-070-230 & S-101-069) It is the recommendation of the Transportation and Engineering Director that Resolution No. 2008-46 be adopted, a resolution of the City Council ofthe City of Redding accepting streets for maintenance and operation in Clover Acres Subdivision Unit 2 (S-20-03) located south of Forest Hills Drive at the south end ofWimbledon Drive, by Ochoa & Shehan, Inc., that improvements be accepted as satisfactorily completed, and that the City Clerk be instructed to return the securities to the developer. I Increase Contingency Funds - Bid Schedule No. 4081, Foothill Water Treatment Plant Filtration System Improvements Project (B-050-020 & W -030-425) It is the recommendation of the Transportation and Engineering Director that the'contingency fund for Bid Schedule No. 4081, Foothill Water Treatment Plant Filtration System Improvements Project, (Job No. 2301) be increased by $100,000 to provide for unforeseen but necessary replacement of nine valves not included in the original scope of work. Urgency Procurement - John Deere 644J Waste Handler Wheel Loader for Solid Waste Utility; and Resolution - Appropriating Solid Waste Utility funds for same (B-050-100/S-020-650/B-130-070) It is the recommendation of the Municipal Utilities Director that the City Council authorize an urgency procurement from Peterson Tractor of a Solid Waste Utility loader to replace Loader No. 399 in amount of$295,864.14 to replace one destroyed by fire on May 1,2008, pursuant to Redding Municipal Code Section 4.20.080A.6; that the City Council determine that this does not constitute a public works project, that the Mayor be authorized to approve the purchase of a replacement loader, and that the sale of surplus parts be authorized with proceeds deposited to the Solid Waste Utility's Rolling Stock Fund. It is further recommended that Resolution No. 2008-47 be adopted, a resolution ofthe City Council ofthe City of Redding approving and adopting the 33rd amendment to City Budget Resolution No. 2007-127, appropriating $296,000 from the Solid Waste Fund for the purchase of a replacement loader for fiscal year 2007-08. I Resolution - Approving participation in Public Agency Retirement Services (PARS) Post Retirement Health Care Funding Plan Trust related to Government Accounting Standards Board Statement 45 (P-I00-240) It is the recommendation ofthe Personnel Director that Resolution No. 2008-48 be adopted, a resolution of the City Council of the City of Redding, approving participation in and authorizing a service agreement with Public Agency Retirement Services (PARS) Post Retirement Health Care Funding Pla11 Trust as related to Government Accounting Standards Board Statement 45 (GASB 45), effeCtive July 1, 2008. Mayor Stegall pointed out that the City will be the only local government to begin implementation of the GASB45, at this time. 5/2012008 86 MOTION: Made by Council Member Murray, seconded by Council Member Jones, that all the foregoing items on the Consent Calendar be approved and adopted as recommended as indicated above. The Vote: AYES: Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall NOES: Council Members - None ABSTAIN: Council Members - None ABSENT: Council Members - None Ordinance No. 2408 and Resolution Nos. 2008-46, 2008-47, and 2008-48 are on file in the Office of the City Clerk. PUBLIC HEARING - Appeal of approval of amendment to Use Permit UP-57-93 granted to Living Hope Compassion Ministries for a building addition at 1043 State Street; and RESOLUTION - Adopting findings re amendment of use permit (L-010-390) Council Member Dickerson recused himself from discussion and vote on this item due to property holdings in the Parkview Neighborhood. I The hour of7:00 p.m. having arrived, Mayor Stegall opened the public hearing regarding an appeal by the Parkview Neighborhood Association ofthe Planning Commission approval of an amendment to Use Permit UP-57-93 granted to Living Hope Compassion Ministries for a building addition at 1043 State Street. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing City Clerk Strohmayer advised that written communications were received from Donna Hepler and Bill Ulch expressing concerns over the proposed project. Development Services Director Hamilton provided an overview of the Report to City Council dated May 8,2008, incorporated herein by reference. He recalled that at the regular Planning Commission meeting of April 22, 2008, Use Permit UP-57-93 was approved for the Living Hope Compassion Ministries for a building addition at 1043 State Street. Subsequently, the Parkview Neighborhood Association (PNA) filed an appeal of the approval, citing the following: 1. Expansion of the building will increase problems currently associated with or caused by the Living Hope facility; 2. The performance-based conditions applied to the approval of the use permit are vague, and as such, monitoring and enforcement will be problematic; and 3. The amendment request should provide a forum for a broader-based discussion ofthe provision oflow-income and homeless services in the community. I Mr. Hamilton stated that PNA also maintained that the Planning Commission finding that the proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood, is not valid in that problems such as crime, littering, illegal camping, and loitering are ongoing in the area and result from clients ofthe Living Hope building on State Street. He stated that in light of neighborhood concerns, staff revised Condition No.3 of the Conditions of Approval which should allow greater monitoring and provide staff with the ability to revoke the use permit if conditions are not met. Mr. Hamilton recommended that the City Council deny the PNA appeal, and determine that the following findings are in evidence: 1. The proposed use will not be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of such proposed use; 2. The proposed use will not be injurious or detrimental to the general welfare of the City; 3. The proposed use is consistent with the policies and goals established by the General Plan and the Zoning Ordinance; and 4. The proposed use and project design are consistent with the design guidelines established by resolution of the City Council in accordance with Redding Municipal Code Section 18.40.050-Design Criteria; and I 5/20/2008 87 adopt the resolution approving Use Permit UP-57-93 subject to Amended Conditions of Approval including revised Condition No.3 for the Living Hope Ministry Expansion. Bill Ulch and Elin Klaseen representing the Parkview Neighborhood and Jean Murillo, Parkview resident believed the expansion would inhibit the neighborhood's ability to maintain a safe, healthy environment, and improved living standards and would be difficult to monitor and enforce. They contended that the expanded facility will negate advances made by the existing neighborhood and the funds invested by the City to rehabilitate the area. They opposed the expansion stating that such programs need strict accountability of the users. I Dennis Mihalka and Hardev Bal, property owners in the Parkview Neighborhood, observed that the Living Hope facilities must supply sleeping quarters for its clients to eliminate individuals sleeping outdoors in various locations throughout the neighborhood and urged that these sleeping quarters be made available only to those with a residential history in Shasta County. Mr. Mihalka also provided photographs taken near Smile Place depicting litter and graffiti left in the area by transient campers. Don Meek, representing Redding/Shasta County Continuum of Care Council (CCoC), stated that Living Hope was part of the current consolidated housing and community development plan of the CCoC and supported the expansion. Pattie Davenport advised that with the help of Living Hope, she was able to move from a life on the streets to become a renter. Shyrle Lee Haven and Richard Johnson believed in the work of Living Hope and noted that it is not profit but driven by the needs ofthe community. Danyett Cloward, Director of Volunteers for the Living Hope Drop-In Center, pointed out that it is necessary to shower and wash clothes in order to obtain employment. She stated that Living Hope desires to be a good neighbor and currently monitors the parking lot of the facility and a one-block radius around the facility. She added that changes are being made to be a better neighbor including training of volunteers. I Bob Denham provided a history of the Living Hope facility and stressed that homeless people need some assistance. Chris Solberg, Director of Loaves and Fishes, pointed out that the homeless have civil rights and the right to practice the freedom of religion. He noted that many times they are harassed and their possessions thrown away. Mark Cram, explained that this was not an expansion of services, but reorganization of space to make the facility more efficient and provide staff a better oversight for control and monitoring Mayor Stegall determined that no other individual wished to address this matter and closed the public hearing. Mayor Stegall acknowledged some of the concerns expressed by area residents, but supported the Living Hope use permit. Council Member Jones believed that there would be a greater effect on the neighborhood than exists today if the expansion is granted and urged more discussion. I Council Member Bosetti suggested that higher expectations and more accountability be made of those requiring services and asked that staff prepare a monthly report on progress at Li ving Hope. Council Member Murray observed that Parkview residents seem to receive a disproportionate number of homeless in their area, and suggested that simple measures such as cutting back the blackberry patches along the river, could alleviate some of the illegal camping. MOTION: Made by Council Member Murray, seconded by Council Member Bosetti, denying the appeal by the Parkview Neighborhood Association and upholding the Planning Commission's approval, adopting Resolution No. 2008-49, a resolution of the City Council of the City of Redding, adopting detailed findings to support the decision to approve Use Permit Amendment UP-57-93 and the Conditions of Approval, including revised Condition No.3 (as outlined on page 5 of the staff report), for the Living Hope Ministry Expansion. 5/20/2008 88 The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Murray, and Stegall Council Members - Jones Council Members - Dickerson Council Members - None Resolution No. 2008-49 is on file in the Office of the City Clerk PUBLIC HEARING - Tentative Subdivision Map Application S-7 -07, Planned Development Plan Application PD-06-07, and Rezoning Application RZ-l-07, for Lakeridge Oaks Subdivision and Mitigated Negative Declaration (S-101-127/L-01O-2ll-039/L-OlO-230) The hour of7 :00 p.m. having arrived, Mayor Stegall opened the public hearing regarding the Mitigated Negative Declaration prepared for the Lakeridge Oaks Subdivision, Tentative Subdivision Map Application S- 7 -07, Planned Development Plan Application PD-06-07, and Rezoning Application RZ-l-07, for Lakeridge Oaks Subdivision, located south of Lake Boulevard at 11050 and 11106 Campers Court, by Thomas Martin and Associates. 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. Development Services Director Hamilton provided highlights of the Report to City Council dated May 1,2008, relating that the project involves development of a 79-unit single-family residential subdivision/planned development in three phases on 21.9 acres located at the end of Campers Court. The project will consist of small-lot single-family residences with private streets, a small manmade lake, and related creek/greenbelt areas. He said there will be a system of walking trails, a small playground area and a separate common outdoor recreation/picnic area with a gazebo overlooking the lake. A property owners' association will be formed to maintain the areas, and off-site improvements will include minor realignment and widening ofthe intersection of Campers Court and Boulder Drive, pavement marking at the intersection of Boulder Drive and Black Marble Way, and private road and utility extensions. He added that the rezoning will add "PD" planned development to the entire site. I Mr. Hamilton advised that certain findings must be made to approve the various portions of the project: Environmental Findings for compliance with the California Environmental Quality Act (CEQA): 1. Determine that the environmental determination of the Mitigated Negative Declaration prepared for the Lakeridge Oaks Subdivision will not have a significant effect on the environment, that the Mitigation Measures will ensure that potential impacts to sensitive biological resources are mitigated or avoided, that the appropriate emergency-access and traffic-safety measures are provided, and that the Mitigated Negative Declaration and supporting documentation reflect the independent judgment and analysis of the City Tentative Map, Planned Development, and Rezoning findings: 1. The Project is compatible with the Redding General Plan; 2. The Project will not significantly alter existing land form; 3. The Project is compatible with surrounding land use; 4. The Project is compatible with the Code of the City of Redding, California, and approved the Mitigated Negative Declaration authorized by the Development Services Department; 5. The Project site is physically suitable for the type of development and has adequate access; and 6. The proposed development carries out the intent of the Planned Development provisions by providing a more efficient use of the land and an excellence of architecture and site design greater than that which could be achieved through the application of the base district regulations. I Mr. Hamilton recommended that the City Council make the necessary findings and adopt the Mitigated Negative Declaration prepared for the Lakeridge Oaks Subdivision, approve 512012008 89 Tentative Subdivision Map Application S-7 -07, Planned Development Plan Application PD- 06-07, for Lakeridge Oaks Subdivision, and offer an ordinance for first reading by title only and waive the full reading approving Rezoning Application RZ-I-07, for Lakeridge Oaks Subdivision. Council Member Murray suggested that dedication for public use of the secondary access at the intersection of Black Marble Way and Road C on the Tentative Map be made a condition of approval to alleviate potential right-of-way problems. I Rick Carlson of Sharrah Dunlap Sawyer, representing the applicant Thomas Martin and Associates, advised that the applicant would agree to a public use dedication as suggested by Council Member Murray. . Assistant City Manager Tippin recommended that language be added to the conditions to state that the design of the spec~fic intersection be to public standards. Mayor Stegall determined that no other individual wished to address this matter and closed the public hearing. MOTION: Made by Council Member Murray, seconded by Council Member Dickerson making findings, adopting the Mitigated Negative Declaration prepared for the Lakeridge Oaks Subdivision, approving Tentative Subdivision Map Application S-7-07 subject to Conditions of Approval and adding a condition to dedicate the intersection of Black Marble Way and Road C for public use and design to public standards, and approving Planned Development Plan Application PD-06-07, for Lakeridge Oaks Subdivision, located south of Lake Boulevard at 11050 and 11106 Campers Court, by Thomas Martin and Associates. The Vote: Unanimous Ayes I Council Member Murray offered Ordinance No. 2409 for first reading, an ordinance ofthe City Council of the City of Redding amending Redding Municipal Code Title 18, by approving Rezoning Application RZ-I-07 rezoning part of the Lakeridge Oaks Subdivision in accordance with Tentative Subdivision Map S-7-07 consisting of 16.2 acres located at 11050 Campers Court from "RM-9" Residential Multiple Family District to "RM-9-PD" Residential Multiple Family District with Planned Development Overlay. MOTION: Made by Council Member Murray, seconded by Council Member Dickerson, that the full reading of Ordinance No. 2409 be waived, and that the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes APPOINTMENT - Redding Planning Commission (B-080-300) MOTION: Made by Council Member Dickerson, seconded by Council Member Bosetti, appointing Lynne W onacott to serve a four-year term on the Redding Planning Commission with the term expiring May 1, 2012. The Vote: Unanimous Ayes I UPDATE FROM THE POLICE FACILITY REVIEW COMMITTEE (C-050-550) Charlie Menoher, Chair of the citizens' Police Facility Review Ad-Hoc Committee, stated that the Committee has been meeting weekly since the first of April and held eight meetings with five more scheduled. He added that a new finance sub-committee was formed to which staff has been extrerriely supportive and responsive to requests for information. He said the Committee was charged with turning over every rock and looking at every project, and they are exploring every available revenue source to fund a new police facility. One possible alternative reviewed was the diversion of some funds from a bond issue for construction of the Stillwater Business Park, and he said the Committee asked that this option be considered. Mr. Menoher related that a recommendation will be forthcoming by the end of June. No action was required on this informational item. FORGIVE LOAN - Northern Valley Catholic Social Services, Inc., and AGREEMENT LETTER (G-100-030-053) Mayor Stegall recused herself from discussion and voting on this item due to her husband's service on the Board of Directors for Northern Valley Catholic Social Services, Inc. 5/20/2008 90 Assistant City Manager Tippin stated that Northern Valley Catholic Social Services, Inc. (NVCSS) requested that a 1990 loan from the City in the amount of$60,000 (interest free) be forgiven. He explained that the funds were Community Development Block Grant (CDBG) monies and were provided to NVCSS for acquisition of the Pine Street Place building for use as a transitional housing. He pointed out that the loan had no term or interest, provided the building continued to be used as proposed, which it was. Mr. Tippin recommended that the City Council forgive the $60,000 loan to NVCSS on the condition that the property be used as transitional housing for another five years from the date of a Letter of Agreement to be executed by the City Manager. Council Member Jones expressed concern that this may set a precedent for the future if the loan is forgiven. I In response to Council Member Dickerson, City Manager Starman stated that other groups have requested that loans be forgiven, and on a case-by-case basis, the Council has made a determination to honor or deny these requests. He explained that in the case of NVCSS, there was never an expectation by the City that the loan be repaid, but served only to insure that the funds would be used for the purpose intended. Bobbi Satay, representing NVCSS, advised that the goal of the request is to continue to provide the transitional housing to meet the needs ofthe community and without restriction to a specific group. . . MOTION: Made by Council Member Dickerson, seconded by Council Member Murray, forgiving a 1990 loan to Northern Valley Catholic Social Service, Inc., in the amount of $60,000 and authorizing the City Manager to execute an Agreement Letter outlining continued use. The Vote: AYES: Council Members - Bosetti, Dickerson, Jones, and Murray NOES: Council Members - None ABSTAIN: Council Members - Stegall ABSENT: Council Members - None PROCLAMA nON - Genocide No More-Save Darfur (A-050-060-600) City Manager Starman explained that it is unusual for the City Council to consider political or international issues that do not directly impact the Redding community. In an effort, however, to demonstrate commitment to the City's youth, the students from Shasta High School were invited to make a presentation to the City Council regarding this issue. I Mr. Starman stated that at the end of the presentation, the students have requested that the City Council adopt a Proclamation in support of humanitarian aid for Camp Kounoungo in Eastern Chad. J arrod Law, William Pertzer, Emily Thompson, and Zachariah Ducker from Students Against Genocide provided a Powerpoint presentation on Genocide No More-Save Darfur including background information of the issue, and the many activities sponsored and performed by the young people of Redding in an effort to engage the community in support of the issue. MOTION: Made by Council Member Dickerson, seconded by Council Member Jones, adopting the Proclamation submitted by the students in support of humanitarian aid for Camp Kounoungo in Eastern Chad and in support ofthe youth of Redding. The Vote: Unanimous Ayes I UPDATE ON MAJOR PROJECTS - 1) Bikeway Plan and 2) Recreation Strategic Plan (A-050-080/T-100-050/R-006) City Manager Starman stated that in recognition of the late hour, these items will be deferred to a future meeting. PURCHASE OF ONE AERIAL LADDER TRUCK -:- Fire Department; and RESOLUTION - Appropriating funds for same (B-050-100/P-150-070/B-130-070) Fire Chief Fry recalled that the City Council approved the purchase of the City's only aerial ladder truck in 2002. With approximately 38,350 miles on the odometer at this time, he said the truck is out of service for approximately 30 days each year for regular maintenance, and 5/20/2008 91 I the next nearest ladder truck (should the City find itself in need), is in Red Bluff. Chief Fry pointed out that the City's last Insurance Services Office (ISO) rating was less than in previous years because it lacks a second ladder truck on the east side of town. He explained that in an effort to fund a second truck, the Police Department has proposed to transfer $50,000 from its Rolling Stock Fund for fiscal years 2007-08 and 2008-09 for a total of $100,000, and the Fire Department received two Indian Gaming Local Benefit Grants in the amount of $229,239 specifically for the purchase of a new ladder truck. Chief Fry said that to cover the remaining cost ofthe truck and make annual debt service payments in fiscal year 2008-09, the Department is proposing a capital lease in the amount of $400,000. He added that adequate funds ($105,000) exist in the Fire Department's Fire Facilities Impact Fee account to purchase the equipment necessary to outfit a second aerial ladder truck. Chief Fry recommended that the City Council authorize the purchase of one aerial ladder truck from Pierce Manufacturing in an amount not-to-exceed $738,050 (pursuant to Resolution No. 2004-85 establishing Pierce Manufacturing Inc. as the standard for purchase of fire apparatus for the Redding Fire Department for a period of five years), equipment for said truck in the ~ount of$105,000, and authorize a lease with Sun Trust in the amount of $400,000. He further recommended that the City Council adopt a resolution appropriating $843,050 for an aerial ladder truck and equipment for fiscal year 2007-08. Council Member Murray suggested that the debt service payment be taken from the Fire Facilities Impact Fee fund. City Manager Starman explained that most of the current funds are allocated from the Fire Facilities Impact Fee fund, but as funds become available and development activity increases, this would be a viable option. He further clarified that the Fire Facilities Impact fees would be used to replenish the General Fund. I MOTION: Made by Council Member Murray, seconded by Council Member Bosetti, authorizing the purchase of one aerial ladder truck from Pierce Manufacturing in an amount not-to-exceed $738,050 (pursuant to Resolution No. 2004-85), authorizing the purchase of equipment for said truck in the amount of $105,000 from the Fire Facilities Impact Fees account; authorizing a lease with Sun Trust in the amount of $400,000 for said purchase; adopting Resolution No. 2008-50 approving and adopting the 32nd amendment to City Budget Resolution No. 2007-127, appropriating $843,050 for the aerial ladder truck and equipment for fiscal year 2007-08; and as funds become available in the Fire Facilities Impact Fee account, reimburse the General Fund for debt service on the lease with Sun Trust. The Vote: AYES: NOES: ABSTAIN: ABSENT: Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall Council Members - None Council Members - None Council Members - None Resolution No. 2008-50 is on file in the Office of the City Clerk JOINT MEETING OF THE CITY COUNCIL AND REDDING REDEVELOPMENT AGENCY At the hour of 1 0:33 p.m., Vice Mayor/Agency Chair Bosetti convened the Special Meeting of the Redding Redevelopment Agency for a joint meeting with the City Council. I AWARD of BID - Bid Schedule No. 4132, Hilltop Drive Streetscape (B-050-020/S-070-200/R-030-050-310) Assistant City Manager Tippin provided an overview of the Report to City Council and Redding Redevelopment Agency (Agency) dated May 12, 2008, incorporated herein by reference, concerning the Hilltop Drive Streetscape Project. He noted that the low bid in the amount of$3,935,154.56 (base bid plus two additive alternates) was received from Bobby Martin Construction of Redding. He explained that the base bid involved underground installation of the overhead utility lines, replacing sidewalks, replacing driveways, constructing street-side landscaping, constructing landscaped medians, applying street slurry, and re-striping Hilltop Drive between Cypress A venue and the State Route 44 off-ramp. He stated that the additive alternates included decorative crosswalks at 11 locations; painting green the existing traffic-signal components at Mistletoe Lane and Presidio Street; modifying pedestrian push-buttons; and installing decorative signal-pole bases, internally illuminated street-name signs, and decorative signal-pole streetlights. Mr. Tippin indicated that in order to award the base bid and additive alternates, an additional $340,000 in Agency funding would be required. The Hilltop Hotel Business Improvement '5/20/2008 92 District (HHBID) has agreed, in concept, to extend the HHBID once the current term ends in 2010, to reimburse the Agency. If extended, the Agency's and HHBID' s participation in the project would be equally shared. In the event the District is not extended, the Agency would not recoup the funds. Mr. Tippin recommended that the City Council award Bid Schedule No. 4132 (Job No. 2236), Hilltop Drive Streetscape Project, to Bobby Martin Construction in the amount of $3,935,154.56 (base bid plus two additive alternates); approve an additional $400,000 to cover the cost of administration and inspection fees; and approve $300,00 for construction contingency funding, for a total of$4,635,154.56. Council! Agency Member Murray questioned whether the additional funding could be conditioned upon the HHBID agreeing to reimbursing the Agency for one-half of the total project costs. Mr. Tippin responded that due to legalities, the HHBID could not be extended for some time. I City Manager Starman added that the HHBID Board agreed, in conc~pt, to the time extension, but the Agency would need to advance the funding and rely on the HHBID's Board following through on its commitment to extend the District at a later date. City Attorney Duvernay stated that should the HHBID Board not follow through with the' District's extension, the City could explore the possibility of utilizing Transient Occupancy Tax (TOT) to reimburse the Agency for one-half of the funding expended on the Project. In response to Council/Agency Member Dickerson, Mr. Starman explained that the District was established for a five-year period, ending in 2010. He stated that while the District has been in existence for approximately two years, there were time delays associated with ensuring that the design of the medians was acceptable to the business and property owners along Hilltop Drive. He believed the project as designed was being well received by all interested parties. MOTION: Made by Council Member Jones, seconded by Council Member Bosetti, to award Bid Schedule No. 4132, Hilltop Drive Streetscape Project (Job No. 2236), to Bobby Martin Construction in the amount of$3,935, 154.56 (base bid plus two additive alternates); approve an additional $400,000 to cover the cost of administration and inspection fees; and approve $300,000 to provide construction contingency funding, for a total of$4,635,154.56. The Vote: Unanimous Ayes I At the hour of 1 0:44 p.m., Vice Mayor/Agency Chair Bosetti adjourned the Special Meeting of the Redding Redevelopment Agency. AWARD of BID - Bid Schedule No. 4133, 2008 Replace Asphalt Concrete Surfacing Project (B-050-020 & S-070-1 00) Assistant City Manager Tippin stated that this will be one of four asphalt concrete repair projects this year and will replace approximately 38,500 cubic feet of asphalt concrete surfacing and restriping at various locations in the City. Mr. Tippin recommended that Bid Schedule No. 4133 (Job No. 2315), 2008 Replace Asphalt Concrete Surfacing Project be awarded to Ron Hale Construction, Inc. in the amount of $323,150, that an additional $40,000 be approved for administration and inspection fees and outside materials testing; and that an additional $90,000 be approved for a construction contingency fund for a total amount of$453,150. In response to Council Member Murray's concerns regarding the increased contingency fund, Mr. Tippin explained that the costs for asphalt and concrete are still extremely volatile making it difficult to provide accurate engineer's estimates. He stated that it provides a buffer for materials increases and the ability to extend the pavement and road work performed. I MOTION: Made by Council Member Murray, seconded by Council Member Bosetti, awarding Bid Schedule No. 4133 (Job No. 2315), 2008 Replace Asphalt Concrete Surfacing Project to Ron Hale Construction, Inc. in the amount of $323, 150, approving an additional $40,000 for administration and inspection fees and outside materials testing; and an additional $90,000 for a construction contingency fund for a total amount of $453, 150. The Vote: Unanimous Ayes 512012008 93 I RESOLUTION - Opposing Proposition 98 regarding Eminent Domain (L-040-300) City Attorney Duvernay related that eminent domain is the authority by which state and local governments may take possession of private property for the public good, under specific conditions. It is typically used sparingly and as a tool of last resort, most commonly to provide private landowners with the fair market value for their property needed for public improvements such as roads. He stated that Proposition 98 regarding Eminent Domain on the June 3, 2008 ballot could have far reaching consequences and could alter the currently accepted meaning of "private use" property. He related- that if the Proposition passes, it could prohibit government from constructing public water projects, acquiring necessary electric transmission facilities in newly-annexed areas as well as possibly prohibit the City from enacting regulations intended to protect the public's health, safety, and welfare. Because of the uncertainty in the language of the Proposition, Mr. Duvernay recommended that the City Council adopt a resolution opposing Proposition 98 regarding Eminent Domain on the June 3, 2008 ballot. Willie Preston, Chair of the Yes on 98 Committee in Shasta County, urged the City Council to reject the resolution opposing Proposition 98 citing possible future abuses of eminent domain. Gary Cadd, Redding resident, suggested that the City prepare its own eminent domain legislation and incorporate it into the Redding Municipal Code. Hardev Bal, Redding property owner, stated he was threatened with eminent domain to make him comply with redevelopment plans for his neighborhood. He understood that things could change with new members in the City Councilor City staff. I Following discussion, the City Council concurred that although solid eminent domain reform is desired, Proposition 98 is too broad in its scope, did not contain clear protections for private home owners, contained vague and flawed language; and, if passed by the voters, it could have a virtually endless life in litigation. Relative to taking a formal position, Council Member Dickerson indicated that while he voted no on his absentee ballot, he did not want to persuade other peoples' votes through support of a resolution. He felt more comfortable with taking a position on issues prior to being placed on the ballot. Council Member Jones also felt uncomfortable taking a formal position because it could be misinterpreted. MOTION: Made by Council Member Murray, seconded by Mayor Stegall, adopting Resolution No. 2008-51, a resolution of the City Council of the City of Redding opposing Proposition 98 on the June 3, 2008, Primary Election ballot. The Vote: AYES: Council Members - Murray, and Stegall NOES: Council Members - Bosetti, Dickerson, and Jones ABSTAIN: Council Members - None ABSENT: Council Members - None Motion failed for lack of a majority vote. I ADJOURNMENT There being no further business, at the hour of 11 :45 p.m., Mayor Stegall declared the meeting adjourned. APPROVED ATTEST: ~~ ~U/) ~ill Mayor ~~~~A City Clerk / ---' 5/20/2008