HomeMy WebLinkAboutMinutes - City Council - 2008-10-21
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City Council, Regular Meeting
City Council Chambers
777 Cypress Avenue
Redding, California
October 21,2008, 7:00 p.m.
The Pledge of Allegiance to the flag was lead by Council Member Murray.
The Invocation was provided by Redding Police Chaplain Charlene Payment.
The meeting was called to order by Mayor Stegall with the following Council Members
Present: Bosetti, Dickerson, Jones, and Murray.
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Also present were City Manager Starman, Assistant City Manager Tippin, City Attorney
Duvernay, Development Services Director Hamilton, Transportation and Engineering
Director Crane, Police Chief Moty, Economic Development Director Zauher, Community
Services Director Niemer, Management Assistant to the City Manager Clark, City Clerk
Strohmayer, and Executive Assistant Stribley.
RESOLUTION - Commending retiring Police Chief Leonard F. Moty
[ A-050-270]
Mayor Stegall thanked retiring Police Chief Leonard F. Moty for his 31 years of outstanding
and dedicated service to the City.
Mayor Stegall recommended that a resolution be adopted honoring and commending Chief
Moty.
MOTION: Made by Council Member Dickerson, seconded by Council Member Jones,
adopting Resolution No. 2008-169, a resolution of the City Council of the City of Redding,
commending Chief of Police Leonard F. Moty for 31 years of outstanding and dedicated
service to the City. The Vote:
AYES: Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall
NOES: Council Members - None
ABSTAIN: Council Members - None
ABSENT: Council Members - None
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Resolution No. 2008-169 is on file in the Office ofthe City Clerk
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar.
Approval of Minutes - Regular and Special Meetings of October 7, 2008
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register No.7, check numbers 867176 through
867753 inclusive, in the amount of $14,665,132.09, for the period of October 1, 2008,
through October 17,2008; and Payroll Register No.7, electronic deposit transaction numbers
240639 through 241521 and check numbers 541676 through 541780 inclusive, in the amount
of $2,835,834.31, for the period of September 21, 2008, through October 4, 2008, be
approved. TOTAL: $17,500,966.40
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Ordinance - Amending Redding Municipal Code Sections 17.12.090 and 17.24.020 re
extension of time for tentative parcel maps and tentative subdivision maps
[L-010-500-050 & S-100]
It is the recommendation of the Development Services Director that Ordinance No. 2420 be
adopted, an ordinance of the City Council of the City of Redding, amending Redding
Municipal Code (RMC) Sections 17.12.090-Expiration of Tentative Parcel Map and
17.24.020-Filing/Extension of Final Subdivision Map allowing extensions not-to-exceed a
total of six years for tentative parcel and final subdivision maps.
10/21/2008
191
Ordinance - Amending Redding Municipal Code Chapter 7.12.020 re revising the language
exempting service dogs from certain prohibitions
[ A-130-l50]
It is the recommendation of the Management Assistant to the City Manager that Ordinance
No. 2421 be adopted, an ordinance of the City Council of the City of Redding; amending
Redding Municipal Code (RMC) Chapter 7.12.020-In Public Parks and Malls relative to
exempting disabled assistance dogs from the prohibition against bringing dogs into public
places.
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Council Member Murray advised he would vote "no" on this matter because he believed the
language of the ordinance would encourage persons to lock their dogs in an unattended
vehicle. The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Dickerson, Jones, and Stegall
Council Members - Murray
Council Members - None
Council Members - None
Ordinance - Adopting a procurement process for certain equipment for Redding Power Plant
Generating Unit 6 Project
[B-050-l00 & E-120-150-676]
It is the recommendation ofthe Electric Utility Director that Ordinance No. 2422 be adopted,
an ordinance of the City Council of the City of Redding, adopting a special procurement
process for certain equipment and material necessary for the construction of the Redding
Power Plant Generating Unit 6 Project.
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Notice of Completion- Bid Schedule No. 4107, Installationof115kVbreakers at Airport and
East Redding Substations
[B-050-020/E-090-050/E-090-140- 250]
It is the recommendation of the Electric Utility Director that Bid Schedule No. 4107, (Job
Nos. 9295-13 & 9295-34), Installation of 115kV breakers at Airport and East Redding
Substations awarded to Cal-Electro, Inc. be accepted as satisfactorily complete, and that the
City Clerk be authorized to file a Notice of Completion. Final cost is $794,750.
Award of Bid - Bid Schedule No. 4178, two 35,000 GVW tree trucks with over center aerial
lift devices
[B-050-100 & E-090-160]
It is the recommendation of the Electric Utility Director that Bid Schedule No. 4178, two
35,000 GVW tree trucks with over center aerial lift devices be awarded to Altec Industries,
Inc. in the amount of$335,728.97.
Final Map and Accept Improvements - Lanning Avenue Subdivision (S-12-07); and
Resolution - Accepting streets for maintenance and operation
[S-101-133 & S-070-230]
It is the recommendation of the Transportation and Engineering Director that the Final Map
for the Lanning Avenue Subdivision (S-12-07) located east of Lanning Avenue and north of
Grange Street by Innovations Housing be approved, that the City Clerk be instructed to file
the Final Map with the Shasta County Recorder, and that the improvements be accepted as
satisfactorily completed.
It is further recommended that Resolution No. 2008-170 be adopted, a resolution ofthe City
Council of the City of Redding, accepting for maintenance and operation, the streets in the
Lanning Avenue Subdivision.
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Resolution - Approving Engineer's Report, ordering the formation of Landscape
Maintenance District LMD-8-06 (Shastina Ranch Subdivision), confirming, approving
annual assessments, and staying the levy of same for Fiscal Year 2008-09
[A-170-075-080]
It is the recommendation of the Transportation and Engineering Director that the City
Council adopt Resolution No. 2008-171, a resolution of the City Council of the City of
Redding, approving the Engineer's Report and maps, ordering the formation of Landscape
Maintenance District LMD-8-06 (Shastina Ranch Subdivision S-7-03), confirming and
approving the annual assessments, pursuant to the Landscaping and Lighting Act of 1972;
commencing with Section 225000 of the Streets and Highways Code, and staying the levy
of same for fiscal year 2008-09.
10/21/2008
192
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Resolution - Appropriating Minor Mall funds for the Downtown Parking Structure
[B-130-070 & M-OI0-200]
It is the recommendation ofthe Transportation and Engineering Director that Resolution No.
2008-172 be adopted, a resolution ofthe City Council of the City of Redding, approving and
adopting the 44th amendment to City Budget Resolution No. 2007 -127 appropriating $65,000
from the Minor Mall Repairs fund to repair spalling (flaking) at the North Parking Structure
at the Downtown Mall (Midtown Mall) for fiscal year 2008-09.
Notice of Completion - Bid Schedule No. 4126, 12- and 16-inch Airport Road Water Main
Project
[B-050-020 & W -030-725]
It is the recommendation of the Transportation and Engineering Director that Bid Schedule
No. 4126 (Job No. 2291), 12- and 16-inch Airport Road Water Main Project awarded to N
& T, Inc., be accepted as satisfactorily complete and that the City Clerk be authorized to file
a Notice of Completion with the Shasta County Recorder. The final cost is $661,964.63.
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Grant Application - California Integrated Waste Management Board
[G-I00-170 & S-070-200]
It is the recommendation of the Transportation and Engineering Director that the City
Council authorize submission of a grant application to the California Integrated Waste
Management Board through the Rubberized Asphalt Concrete Chip Seal Grant Program in
the amount of $150,000 for street maintenance projects.
Additional Contingency Funds - Bid Schedule No. 4005, 2007 Sewer Sealing Project
[B-050-020 & W-020-575]
It is the recommendation of the Transportation and Engineering Director that the City
Council approve additional construction contingency funds in the amount of$5,000 for Bid
Schedule No. 4005 (Job No. 2289), 2007 Sewer Sealing Project awarded to Pacific Liners
to provide additional sealant for voids in pipe joints.
Additional Construction Contingency Funds - Bid Schedule No. 4132, Hilltop Drive
Streetscape Project,
[B-050-020/S-070-285/W -030]
It is the recommendation of the Transportation and Engineering Director that the City
Council approve additional construction contingency funds in the amount of $330,000 for
Bid Schedule No. 4132 (Job No. 2236), Hilltop Drive Streetscape Project awarded to Bobby
Martin Construction to remediate contaminated soils (previously unknown) located when
trenching was performed on the south end of the Project and for changes to the method of
how electrical conduits enter the underground vaults which increased excavation costs.
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Contract of Acquisition - Samuel and Luvetta Hinman, Frances Rudoni, Deborah Claypole,
and Evelyn Giordano for an easement located at 877 Locust Street
[C-070-010 & W-020-610]
It is the recommendation ofthe Municipal Utilities Director that the City Council authorize
the Mayor to execute a Contract of Acquisition and all necessary documents with Samuel and
Luvetta Hinman, Frances Rudoni, Deborah Claypole, and Evelyn Giordano in the amount
of $49,000 for a permanent public service easement and temporary construction easement
located at 877 Locust Street (Assessor Parcel Number 102-450-029), to facilitate extension
of the wastewater line to Locust Street as part of the Westside Sewer Interceptor Project-
Phase 2 Project. (A Relocation Plan was prepared for the current tenants living at 877 Locust
Street to be considered by the City Council in November.)
Resolution - Amending the Employment and Benefit Polices for Unrepresented Employees
and Schedule of Wage Rates for the Local 1245 of the International Brotherhood of
Electrical Workers-Electric Employees
[P-l 00-050-1 00 & P-l 00-050-070]
It is the recommendation ofthe Personnel Director that Resolution No. 2008-173 be adopted,
a resolution of the City Council of the City of Redding, amending the Employment and
Benefit Polices for Unrepresented Employees by changing the classification of Automation
Specialist to Control and Automation Technician with a salary of $40.83 per hour, and
moving this new classification to the International Brotherhood of Electrical Workers
(IBEW)-Electric Employees Schedule of Wage Rates, and creating a new IBEW
classification of Maintenance Assistant Coordinator with a salary of $29.18 per hour,
effective October 19, 2008.
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10/21/2008
193
MOTION: Made by Council Member Jones, seconded by Council Member Bosetti, that all
the foregoing items on the Consent Calendar be approved and adopted as recommended as
indicated above with the exception of the item approved by separate vote as indicated above.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall
Council Members - None
Council Members - None
Council Members - None
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Ordinance Nos. 2420, 2421, and 2422, and Resolution Nos. 2008-169, 2008-170, 2008-171,
2008-172, and 2008-173 are on file in the Office of the City Clerk.
APPOINTMENTS - Youth Action Council for the 2008-09 School Year
[B-080-600-300]
. MOTION: Made by Council Member Murray, seconded by Council Member Dickerson,
appointing Alexander Berger, Taylor Bingo, Sara Bishop, Kevin Bonner, John Dodd; Callie
Froese, Steven Gonzales, Hannah Knott, Jessica Linn, Ian MacRae, Sean Perry, Nick
Rossow, Kaliee Schroeder, Kelsey Watkins, and Spencer Webb to the Youth Action Council
for the 2008-09 school year. The Vote: Unanimous Ayes.
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REPORT ON RESIDENTiAL CONSTRUCTION INCENTIVE PROGRAM AND
REOUEST FOR COLLECTION OF RESIDENTIAL DEVELOPMENT IMP ACT FEES AT
FINAL INSPECTION; and
RESOLUTION - Extending certain temporary incentives re residential construction activity
[F-205-600]
Assistant City Manager Tippin recalled that"on June 3, 2008, the City Council authorized
several temporary incentives to stimulate residential construction. Although the incentive
program was viewed positively by the building community, he felt it was difficult to
determine whether or not it stimulated construction, due to the downturn of the national
economy, particularly in the housing and construction industries. He pointed out that the
reduction of building permit processing fees resulted in a $180,000 loss in permit service fee
revenue during the four month trial period. Mr. Tippin related that a letter was received from
the Shasta Builders' Exchange in September requesting that the short-term practice of
deferring payment of impact fees until occupancy be made a permanent part of the
Development Impact Fee permit process for residential and commercial proj ects. Mr. Tippin
stated that the deferral of residential fees, for the most part, do not significantly impact the
City's cash flow, but the deferral of commercial fees could have an adverse impact on the
construction of infrastructure because of the lack of funds for debt service payments and the
loss of interest on fees collected prior to debt service payment. He noted that many
commercial projects take much longer to complete, in some cases years; therefore, staff does
not recommend that commercial project fees be deferred.
Mr. Tippin recommended that the City Council conceptually approve the continuance of
deferring residential impact fees to the time of final inspection and adopt a resolution
extending the temporary incentive plan for fee deferral only, until January 30,2009, or the
effective date of an amended ordinance, whichever occurs first.
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Council Member Dickerson suggested flexibility with commercial Impact Fees, by allowing
a small project to defer fees based on the amount of time anticipated for completion.
Development Services Director Hamilton explained that while the size of the project does
not necessarily determine the impact (sewer, water, traffic) to the City, staff could review
possible alternatives.
In response to Council Member Murray, Economic Development Director Zauher advised
there are incentives already in place for commercial projects that include job credits and
reduction of fees dependent on the type of industry and number and types of jobs created.
Council Member Murray maintained that the City should not collect impact fees from
commercial projects until construction was complete because the impact does not occur until
the business opens. City Manager Starman responded that the City builds sewer plants,
roads, and other infrastructure in advance of construction, utilizing bond measures which
require debt service, and in anticipation of various commercial projects, knowing that a
10/21/2008
194
business could not open its doors unless the City has already completed water, sewer, roads
and other infrastructure. Council Member Murray requested that when staff prepares a report
for Council the various impact fees be reviewed individually (water, fire, etc.) and determine
which could be deferred to final inspection stage and which should be paid at initial building
permit stage.
Council Member Bosetti expressed concern that the recent incentive program resulted in a
loss of $180,000 in building permit revenue and questioned how the loss impacted the
Development Services Department. Director Hamilton explained that the work performed
by his department is paid from the General Fund and it is not recaptured 100% through the
fee process.
Kent Dagg, Chief Executive Officer for the Shasta Builders' Exchange, thanked the City
Council for its assistance in the recent fee reduction and deferral program and urged
consideration of the permanent continuance of the deferral of residential impact fees and
suggested a review in a year to see if the program is working as anticipated. He asked that
at the conclusion of the review, consideration be given to adding commercial projects for
construction incentives and deferrals to time of occupancy.
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Bruce Anderson and Ron Mygrant urged approval to continue deferred impact fees for
residential and commercial projects, noting that the construction industry has significantly
higher unemployment than the average for Shasta County as a whole and is having difficulty
with obtaining construction financing in the ailing economy.
MOTION: Made by Council Member Jones, seconded by Council Member Bosetti,
accepting the Report on the Residential Construction Incentive Program, conceptually
approving changing the collection of City development impact fees for residential
construction until the time of request for final inspection, and adopting Resolution No. 2008-
174, a resolution of the City Council of the City of Redding, extending certain temporary
incentives to stimulate residential construction activity pending consideration of a permanent
ordinance implementing same to January 30,2009, or the effective date of the ordinance,
whichever occurs first. The Vote:
AYES: Council Members - Bosetti, Dickerson, Jones, Murray, and Stegall
NOES: Council Members - None
. ABSTAIN: Council Members - None
ABSENT: Council Members - None
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Resolution No. 2008-174 is on file in the Office of the City Clerk
DISPOSITION OF CITY-OWNED PROPERTY - 7501 Eastside Road to the County of
Shasta to accommodate a new County animal shelter
[C-070-200 & S-OIO]
City Manager Starman related that the County of Shasta has acknowledged a need for a new
animal control facility for some time and has looked at various locations such as Breslauer
Lane, Radio Lane, or Clear Creek Road for the new site. The County has also explored the
possibility of locating a new facility near Haven Humane and discussions have ensued
regarding the potential for a purchase or exchange of the City's property at 7501 Eastside
Road. He stated that the County would pay cash for the property or exchange for like value.
Although the property has not been appraised, it has an estimated value of $185,000.00.
Mr. Starman pointed out that the Shasta Cascade Rail Preservation Society (SCRPS)
currently leases the property on Eastside Road, but the lease is short term and will expire on
June 30, 2009. SCRPS may be able to find a location closer to the railroad areas on Yuba
Street where it has planned a railroad museum.
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Mr. Starman recommended that the City Council direct staff to work with the County to
develop a specific proposal to sell the property on Eastside Road to the County for a new
animal control facility and return with a report for Council consideration.
Matthew Schuman, President of the Shasta Cascade Rail Preservation Society, thanked the
City for allowing the use of the facility on Eastside Road for many years.
10/21/2008
195
MOTION: Made by Council Member Dickerson, seconded by Council Member Bosetti,
directing staffto work with the County of Shasta to develop a specific proposal to sell and/or
exchange City-owned real property located at 7501 Eastside Road to the County for a new
animal control facility and return with a report for Council consideration.
The Vote: Unanimous Ayes
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DEVELOPMENT FUNDING AGREEMENT - James McDilda for affordable housing at
2532 Wilson Avenue
[G-100-075]
Assistant City Manager Tippin explained that although James McDilda is an active candidate
for City Council, until such time as the election is complete, he is able to apply for funding
through City affordable housing programs as would any applicant. However, if Mr. McDilda
secures a seat on the City Council, he will no longer be eligible for such loans and he would
not be able to amend this agreement or other agreements he has with the City. Mr. Tippin
related that the City Attorney has thoroughly reviewed the issue and believes the City
Council may go forward with consideration of Mr. McDilda's application. He added that
Mr. McDilda has been advised and understands these restrictions. Mr. Tippin advised that
funding would be through the HOME Rental Program by the U.S. Department of Housing
and Urban Development (HUD). The first mortgage under the Program requires that the
combined 10an-to,-value ofthe secured properties will not exceed 80%.
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Mr. Tippin stated that with these funds, Mr. McDilda would like to rehabilitate 24 affordable
housing units located at 2532 Wilson Avenue in an estimated amount of $960,000. His
application would fund the rehabilitation of only 11 of those units in an amount of$439,947,
with the remainder 13 units rehabilitated solely at his expense. He stated that the terms of
the loan would include interest only payments of $500.00 per month for the first ten years,
in the eleventh year the payment would increase to $1,500 monthly payment, and the
remaining principal and accrued interest would be due and payable in 20 years. The standard
covenant for low rental affordability will extend 10 years for the 11 units. Mr. Tippin
pointed out that, because the loan encumbers four parcels, the City will be in 3rd and 4th
position on the existing property loans, but would move into 2nd and 3rd position if a
refinance occurs. In order to facilitate a future refinance, he said the City Council would
need to authorize the Mayor to execute an agreement to subordinate the City on a refinance
loan. He added that staff believes that the City would still be in a secure position because
of the value of the properties. He noted that this project will bring much needed affordable
housing to the City and that in most scenarios regarding the loan, the City would be in a
more favorable position than the applicant.
Mr. Tippin recommended that the City Council authorize the Mayor to execute a
Development Funding Agreement with James McDilda for rehabilitation of 11 affordable
rental units owned by Mr. McDilda located at 2532 Wilson Avenue in the amount of
$439,947 utilizing the HOME Rental Program through HUD; that a 10-year affordability
covenant be recorded on the City-assisted units; and that the Mayor be authorized to execute
a future agreement to subordinate the City loan to a new first mortgage in an amount not-to-
exceed 80% ofthe combined loan-to-value of the secured properties.
Council Member Dickerson urged that an inspection process be in place to determine that
the repairs were, in fact, necessary and that at the end of construction, the repairs were
completed. Mr. Tippin advised that staff did have a review procedure and there is a
construction performance schedule (in this case June 30, 2009) to ensure completion.
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Council Member Jones was concerned about the amount of the loan and the problems that
could develop if Mr. McDilda becomes a Council Member, and he was not convinced the
City would be in a secure position.
Council Member Jones moved to defer action on this matter for 30 days. The motion died
for lack of a second.
While Council Member Bosetti also had concerns, he acknowledged the City's need for
affordable housing and with the explanations provided by staff felt the matter should move
forward.
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MOTION: Made by Council Member Bosetti, seconded by Council Member Murray,
authorizing the Mayor to execute a Development Funding Agreement with James McDilda
forrehabilitation of1l affordable rental units owned by Mr. McDilda located at 2532 Wilson
Avenue in the amount of$439,947 utilizing the HOME Rental Program through HUD; that
a 10-year affordability covenant be recorded on the City-assisted units; and that the Mayor
be authorized to execute a future agreement to subordinate the City loan to a new first
mortgage in an amount not-to-exceed 80% of the combined loan-to-value of the secured
properties.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Bosetti, Dickerson, Murray, and Stegall
Council Members - Jones
Council Members - None
Council Members - None
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UPDATE ON MAJOR PROJECTS - Administrative Hearings Board
[B-080-005 & A-050-080]
Assistant to the City Manager Clark provided a Powerpoint presentation describing the
processes involved for the Administrative Hearings Board (AHB). He related that in
November 2005, the City Council created the AHB to hear animal regulation citation
appeals, code enforcement citation appeals, designate dangerous dogs, and compliance orders
with fines. Currently, there are three board members with staggered four-year terms. He
pointed out that the AHB advantage over the previous court processes are fair and impartial
hearings, more efficiency, less costly to taxpayers, and the hearings are held much sooner.
He noted that, to date, the process has been very successful and, for the most part, issues
have been resolved quickly and fairly.
No action was required on this informational item.
ADJOURNMENT
There being no further business, at the hour of8:36 p.m., Mayor Stegall declared the Regular
Meeting adjourned.
APPROVED
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~~1~ V1Jf
Mayo
ATTEST:
c1#U4<~L!/I~ 10
City Clerk
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10/21/2008