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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1990-09-18 429 9/18/90 City Council, Regular Meeting Council Chambers Redding, California September 18, 1990 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Dr. Dave Nicholas from the Shasta Bible College. The meeting was called to order by Mayor Buffum with the following Council Members present: Arness, Dahl, Fulton, Moss and Buffum. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Planning and Community Development Perry, Electric Utility Director Lindley, Director of Public Works Galusha, Resources Manager Coleman, Director of Finance Downing, Police Captain Dirks, Tourism and Convention Director Gorman, Director of General Services Masingale, Director of Personnel Services Bristow, Senior Planner Keaney, Director of Information Systems Kelley, Airports Director Ruff, Redevelopment Specialist Morgon, Housing Specialist Haddox, Assistant City Clerk Strohmayer, and Secretary to the City Council Moscatello. ASPHALT COWBOYS - Presentation of Plaque (A-050-060-600) Mayor Buffum stated that the Asphalt Cowboys have served the community for 36 years in a variety of functions including the Rodeo, Dixieland Jazz Festival, the Air Show and others. Mayor Buffum read the resolution adopted on May 1, 1990, into the record and presented a framed copy of the resolution to the Asphalt Cowboys. RESOLUTION - Commending Chuck McAllister (P-050-375) Mayor Buffum stated that Chuck McAllister, the owner of McAllister Plumbing, volunteered the materials and his services to renovate Redding's Old City Hall Fountain. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, that Resolution No. 90-454 be adopted, a resolution of the City Council of the City of Redding commending Chuck McAllister of McAllister Plumbing for his gift to the City of Redding. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-454 is on file in the office of the City Clerk. Mayor Buffum read Resolution No. 90-454 into the record. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of August 7, 1990 Regular Meeting of August 21, 1990 Adjourned Regular Meeting of August 28, 1990 Approval of Payroll and Accounts Payable Register 430 9/18/90 (A-050-100-500) Recommend that Accounts Payable Register No. 05, check numbers 160375 through 160801 inclusive, in the amount of $4,609,182.10, be approved and paid, and Payroll Register No. 05, check numbers 302653 through 303531 inclusive, in the amount of $959,299.13, for the period August 19, 1990, through September 01, 1990, be approved. TOTAL: $5,568,481.23 Treasurer's Report - August 1990 (A-050-100-600) Total Treasurer's Accountability - $37,400,875.53 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $95,859,132.62 Resolution - Establishing Budgets for McConnell Grant-Funded Programs and Projects * (B-130-070 & G-100) It is the recommendation of the Director of Finance that Resolution No. 90-456 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 10th Amendment to the City Budget Resolution No. 90-362 appropriating $355,000 for McConnell Grant Projects, as follows: $240,000 Office Park Building; $75,000, Night Lighting and Sod Renovation at Enterprise High School; and $40,000, Fireworks. Purchase of Fuel - Authorize Weekly Quotation Process (B-050-100) It is the recommendation of the Director of Finance to authorize staff to continue the procedure of soliciting qualified local vendors for the best fuel prices and purchasing gasoline and diesel fuel from the lowest qualified supplier on a weekly basis. Set Public Hearing - General Plan Amendment Application GPA-14-90, by Brent Owen (351, 375, 393 Lake Boulevard) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., October 2, 1990, to consider GPA-14-90, a request to reclassify property to "Retail Commercial." Set Public Hearing - General Plan Amendment Application GPA-15-90 and Rezoning Application RZ-16-90, by Shasta Niners (4830 Cedars Road) (G-030-010 & L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., October 2, 1990, to consider GPA-15-90 and RZ-16-90, a request to reclassify property to "P/I" Public or Institutional and rezone to "U-FP" Unclassified District. Request to Purchase Property - Marlene Avenue (C-070-200) It is the recommendation of the Planning Director to refer to the Planning Commission the option to sell to Donald Lynn property located at 2461 Marlene Avenue, the street right-of-way, and the area dedicated as right-of-way next to Shasta View Drive, with the value of the property to exclude the area dedicated by Mr. Lynn. Student Training Orientation Program (G-100 & P-150-150) It is the recommendation of the Chief of Police to accept a grant from the McConnell Foundation in the amount of $25,000 to enhance the Student Training Orientation Program (STOP) through December 31, 1991, and authorize the Mayor to sign the Memorandum of Agreement. 431 9/18/90 Resolution - Purchase of Modular Furniture (B-050-100) It is the recommendation of the Chief of Police that Resolution No. 90-456 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of compatible TAB Furniture from Office Planning Group, not to exceed $17,161.05, pursuant to Redding Municipal Code Section 4.20.120(H)(2), and authorizing the City Manager to sign the necessary documentation. Award of Bid - Bid Schedule No. 2371, Security Services at Downtown Mall (B-050-100) It is the recommendation of the Director of General Services that Bid Schedule No. 2371, security services at the Downtown Mall, be awarded to the low bidder, Crabtree Security Agency, Inc., at an hourly rate in the amount of $7.99, for the contract period of November 1, 1990, through June 30, 1991. Funds for this purchase are included in the 1990/91 budget. Set Public Hearing - Limousine Owner's Permit, by John Castellanos (T-100-150) It is the recommendation of the City Clerk that a public hearing be set for 7:00 p.m., October 2, 1990, to consider the public convenience and necessity for the operation of a limousine service. Resolution - California Rideshare Week 1990 (R-010-720-850) It is the recommendation of the Public Works Director that Resolution No. 90-457 be adopted, a resolution of the City Council of the City of Redding proclaiming October 1-5, 1990, as "California Ridesharing Week '90." Acceptance of Final Map - Quail Ridge Subdivision, Unit 6 (East of Churn Creek Road and north of Old Alturas Road) (S-100-607) It is the recommendation of the Public Works Director that the Final Map for Quail Ridge Subdivision, Unit 6, developed by David A. Huber, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Resolution Accepting Streets - Acceptance of Improvements for Saratoga North Subdivision, Unit 1 (North of Rancho Road and east of Alta Mesa) * (S-070-230 & S-100-687) It is the recommendation of the Public Works Director that Resolution No. 90-458 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Castlewood Drive, Windwood Court, Windwood Drive, Western Drive, Western Oak Drive, and Saratoga Drive in the Saratoga North Estates Subdivision, Unit 1. It is also recommended that the Improvements for Saratoga North Subdivision, Unit 1, be accepted as satisfactorily completed, and the City Clerk be instructed to return the securities to the developer, Jerry Knighten Construction, Inc. Resolution - Prohibiting Parking for Veteran's Day Parade (P-030-250 & P-010-050) It is the recommendation of the Public Works Director that Resolution No. 90-459 be adopted, a resolution of the City Council of the City of Redding prohibiting parking and restricting vehicular traffic in the Downtown Area, Parade Route 2, during the Veteran's Day Parade to be held November 10, 1990. 432 9/18/90 Purchase of Video Camera - Stillwater Treatment Plant and Clover Creek Sewer Trunk Line Projects (B-050-100 & W-010-560) It is the recommendation of the Director of Public Works to purchase a video camera outfit for use on the Stillwater Project in an amount not to exceed $1,200. Resolution - Abatement Proceedings at 2759 Downard Lane, owned by Betty J. Hanks (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90- 460 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2759 Downard Lane, owned by Betty J. Hanks. Resolution - Abatement Proceedings at 2753 Downard Lane, owned by Betty J. Hanks (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90- 461 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2753 Downard Lane, owned by Betty J. Hanks, a widow. Resolution - Abatement Proceedings at 3125 Leonard Street, owned by Lucille E. McDonald (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90- 462 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 3125 Leonard Street, owned by Lucille E. McDonald, a married woman, as her separate property. Resolution - Lease Agreement with Parlay Investments, Inc. (C-070-100) It is the recommendation of the City Attorney that Resolution No. 90- 463 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Lease of the stairs and walkway bridge to the second floor of the Downtown Mall entered into between the City of Redding and the Redding Redevelopment Agency as Lessor and Parlay Investments, Inc. as Lessee. The Agreement shall be effective July 1, 1990, through June 30, 1995, and in the amount of $250 per year. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution Numbers 90-455, 90-456, 90-457, 90-458, 90-459, 90-460, 90- 461, 90-462, and 90-463 are on file in the office of the City Clerk. - - - - - WRITTEN COMMUNICATIONS Letter from Foothill Distributing Company, Inc. 433 9/18/90 (A-050-220) A letter was received from Gary Burks, General Manager of Foothill Distributing Company, Inc., expressing thanks and gratitude to the City of Redding and the Recreation and Parks Department for their efforts in preparation and planning of the Women's Open Major National Softball Tournament. This was an information item and no action was taken. Letter from Marjorie Gates - Shasta County Office of Education (L-040-300) A letter was received from Marjorie Gates, Shasta County Superintendent of Schools, requesting to speak on the implementation of SB 2557 which allows counties to assess fees to schools for Property Tax Administration. Midge Gates, Shasta County Superintendent of Schools, referred to her letter to the Shasta County Board of Supervisors of August 22, 1990, which expressed her concern about the implementation of SB2557. She said she recognizes the budget problems Counties are having; however, assessing the schools will create a hardship. Preliminary figures prepared by the County Auditor indicate that schools in Shasta County will be billed $1.2 million in 1990-91. Ms. Gates said they have asked the Board of Supervisors to not implement SB2557. She added that the Shasta County Office of Education (SCOE) is not in an adversary position with the County, the problem is with the State. This was an information item and no action was taken. Letter from Bahai's of Redding (A-050-060) A letter was received from Laurel Kessler, representing the Spiritual Assembly of the Bahai's of Redding, requesting to make a presentation to Council on September 18, the International Day of Peace established by the United Nations. Gene Cooper and Joe Foroughi, representing the Bahai's of Redding, presented a copy of The Promise of World Peace to each Council Member. This was an information item and no action was taken. Petition - Parkwood Estates and Willow Brook Estates (S-100-583 & S-100-797) A petition was received from property owners in Parkwood Estates, Units 5 & 6, and Willow Brook Estates, Units 1 & 2, requesting to be detached from the Bella Vista Water District and be made part of the City of Redding Water Service District. City Attorney Hays said that the Shasta Local Agency Formation Commission (LAFCO) would be the appropriate agency to receive the petition. He explained that the City does not have the ability to adjust the boundary. He urged the petitioners to contact Bill Ramsdell of LAFCO. Mayor Buffum asked that a letter be prepared to LAFCO for her signature. Council Member Arness stated that he will act as a liaison for the petitioners and ensure that all the information from Public Works and the City Attorney's office is available to them. SHASTA VIEW EXTENSION ASSESSMENT DISTRICT NO. 1990-2 (A-170-120-840) 434 9/18/90 Director of Public Works Director Galusha recalled that the Shasta View Extension Assessment District is an acquisition assessment district, which includes the construction of Shasta View Drive northerly from Rancho Road and the construction of a trunk sewer line. He stated that the Engineer's Report was amended to conform with the actual costs of the public improvements and engineering expenses. It is the recommendation of staff to preliminarily approve the Amended Engineer's Report and set a public hearing on this issue for October 16, 1990. Bond Counsel Sam Sperry, Sturgis, Ness, Brunsell, and Sperry, was present to answer any questions. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 90-464 be adopted, a resolution of the City Council of the City of Redding preliminarily approving the Amended Engineer's Report and fixing the time and place of the public hearing to October 16, 1990. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-464 is on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - re General Plan Amendment Application GPA- 1-89, by Tony LaBella (Quartz Hill Area) (G-030-010) The hour of 7:00 P.M., having arrived, Mayor Buffum opened the public hearing regarding GPA-1-89. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Planning Department recommendation dated September 13, 1990 Assistant City Clerk Strohmayer advised that two additional protests were received. Planning and Community Development Director Perry recalled that GPA-1- 89 was continued from the meeting of September 4. Mr. Perry noted that additional comments or information have been submitted to staff regarding land use suitability and adequacy of the Environmental Impact Report (EIR). It is the recommendation of staff to continue the public hearing in order to allow staff time to prepare a more complete response to the issues raised. Mr. Perry noted that a letters were received from Wendy Johnston dated September 10, 1990, and from the Department of Fish and Game (DFG) dated September 17, 1990. He recommended that staff review the EIR and make sure that Council supports the mitigation measures. He recommended that Council take public input tonight, but leave the public hearing open for comments on the EIR at the next meeting. Mayor Buffum asked if there were any comments from the audience. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, that the public hearing be continued to October 2, 1990. The Vote: Unanimous Ayes Mr. Perry noted that the audience may not understand that they may speak on this issue tonight. 435 9/18/90 MOTION: Made by Council Member Arness, seconded by Council Member Dahl, to open the public hearing. The Vote: Unanimous Ayes Esther George, 1030 Quartz Hill Road, stated that Council has already made up its mind on this matter. She said that Council, with the exception of Council Member Fulton, has a conflict of interest in this matter because they have received campaign contributions from developers. Ms. George noted that the application will allow hundreds of homes to be developed. She emphasized that she is not opposed to reasonable development with planning that will not rape the countryside. She pointed out that run-off from this development will flow directly into Keswick Dam. Wendy Johnston, 2550 Quartz Hill Road, encouraged Council to reevaluate the cumulative effects of this application. She pointed out that Council has recently approved a number of subdivisions in the general area and a regional mall is proposed for Interstate 5. Ms. Johnston said the Quartz Hill area will feel the impact. She noted that Superintendent of Schools Midge Gates talked about the lack of school facilities and insufficient funding, and Ms. Johnston pointed out that the area's proposed school site is nothing more than grass and brush. She stated that quality of life is also an issue. Staff states that mitigation will be taken care of at the planning and subdivision level; however, she opined that CEQA is not intended to be used that way. She emphasized that the EIR is outdated and flawed and the required information should be provided and mitigation measures outlined. Ms. Johnston stated that Council should listen to the citizens in the area. She pointed out that they have limited representation because they live in the County and are represented by the Board of Supervisors, yet they are being regulated by the City. Robert Scott, Quartz Hill Road, emphasized that Council should consider the human issue. He noted that there are many people opposing the application, and he presented a petition to Council with 60 signatures opposed to GPA-1-89. He added that the needs of the current residents should be considered. Mr. Scott added that responsible leadership is needed to develop the area into a beautiful boundary for Redding. He pointed out that there is no need for the area to become high density, the area should be developed with large lots. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to continue the public hearing regarding GPA-1-89, by Tony LaBella, to October 2, 1990. The Vote: Unanimous Ayes PUBLIC HEARING - re 1990 Community Development Block Grant Grantee Performance Report (G-100-030-034) The hour of 7:00 P.M., having arrived, Mayor Buffum opened the public hearing regarding the 1990 Community Development Block Grant Grantee Performance Report. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated September 5, 1990 Assistant City Clerk Strohmayer advised that no protests were received. 436 9/18/90 Housing Specialist Haddox noted that Federal regulations require the City of Redding to conduct a public hearing on the accomplishments of the Community Development Block Grant (CDBG) program at the completion of each fiscal year. Ms. Haddox noted that $825,261 in CDBG funds were committed which included projects from this year's CDBG program, as well as completion of several projects carried over from the previous year. A copy of the Grantee Performance Report was submitted to Council. It is the recommendation of staff to accept the CDBG Grantee report by minute order. Mayor Buffum determined that there were no comments from the audience. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Moss, to accept the 1990 Community Development Block Grant Grantee Performance Report. The Vote: Unanimous Ayes PUBLIC HEARING - re Appeal of Quartz Ridge Heights S-27-90, by State Department of Fish and Game (S-100-609-500) The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated September 13, 1990 Planning and Community Development Director Perry stated that the Department of Fish and Game submitted a letter dated September 13, 1990, withdrawing its appeal of Quartz Ridge Heights. Mr. Perry indicated that the withdrawal is based on minor revisions of the street alignments which allow for greater setbacks along Sulphur Creek. A copy of the revised tentative map was submitted to Council. Mr. Perry advised that there is no need to hold the public hearing. PUBLIC HEARING - re General Plan Amendment Application GPA-11-88, by Stoney Ridge Partners (South of Eureka Way and opposite Sunset Drive) (G-030-010) The hour of 7:00 P.M., having arrived, Mayor Buffum opened the public hearing regarding GPA-11-88. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated September 13, 1990 Assistant City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended amendment of the General Plan to reclassify property from "Greenway" to "Office." He conveyed that the recommendation was subject to the site being limited to single-story construction and a building area not to exceed 3,000 square feet. Mr. Perry recalled that this phase of the application was referred back to the Commission with a revised site plan. The revised layout substantially reduces the grading and adds approximately 38,000 square 437 9/18/90 feet of "Office." It is the recommendation of staff that the request be approved with the Commission's stipulations regarding building size and height which would be implemented with the zoning application currently before the Commission. Council Member Arness questioned if the Planning Commission will define the landscaping requirements or require mitigation for the grading impacts. Mr. Perry noted that the project will be subject to the grading ordinance and the Commission will also address this through site plan review process. Jim Graves, 3712 Sunflower, Sunset Plaza Shopping Center partner, indicated that he will also be addressing this issue during the rezoning application. Mr. Graves did not object to the plan; however, he noted that Sunset Plaza granted an easement to Stoney Ridge Partners through the shopping center for a proposed 3,000 square foot office building. He pointed out that the revised application allows either a 6,000 square foot general office building or a 4,000 square foot medical building. Mr. Graves asked that access through the shopping center be denied, and the project be required to access Highway 299 across from Sunset Terrace. Mr. Graves explained that the expanded project will create traffic conflicts within the shopping center's parking lot if access through the parking lot is allowed. Mr. Perry clarified that this issue will be addressed with the rezoning application, not with the general plan application. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Council make the following findings regarding GPA-11-88: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration authorized by the Board of Administrative Review on September 7, 1990. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Arness, to approve GPA-11-88, by Stoney Ridge Partners, in concept, with stipulations as noted in the Report to Council dated September 13, 1990, and direct staff to submit a resolution to implement General Plan Amendment Application GPA-11-88 in December. The Vote: Unanimous Ayes PUBLIC SAFETY TASK FORCE (B-080-600-200 & B-080-600-425) Mayor Buffum submitted a list of suggested names for appointment to the Public Safety Task Force for Council's consideration. She asked Council to add other names to the list and then select seven names for the Fire Task Force and seven names for the Police Task Force. This was an information item and no action was taken. ORDINANCE NO. 1935 - Business License Fee Schedule (L-070-100) MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that the full reading of Ordinance No. 1935 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes 438 9/18/90 Assistant City Clerk Strohmayer stated that a letter was received from Marie Whitacre requesting to speak about the proposed business license tax. Marie Whitacre, Executive Officer of the Shasta County Board of Realtors, stated that a letter was sent to City Attorney Hays from an attorney for the Board of Realtors in Chico regarding the taxation of real estate agents. She conveyed that the real estate community is not opposed to a business license tax, but she asked Council to give some thought to charging brokers a business license tax and consider the agents as employees. Ms. Whitacre noted that Chico and neighboring cities do not license real estate agents. City Attorney Hays noted that he received the letter at 2:30 p.m. today by telecopy. He conveyed that the letter indicates that real estate agents are considered employees for certain purposes, and under other circumstances, they are considered independent contractors. Mr. Hays said Council has the option to determine how real estate agents will be designated. Staff has recommended that real estate agents be treated as independent contractors. Noting that an ordinance was also received, Mr. Hays said there is no indications whose jurisdiction it is under; however, each employee licensed to practice the particular profession must pay $30. He said that Council may call an agent whatever it wants and still implement a $90 fee. George Bergich, 1101 Brandon, Apartment C, stated that Council is taxing business. He felt it was important that Council consider how much the fee is because real estate agents cannot afford the fee. He noted that Council will be opening up a can of worms and other cities will want to charge a fee also. Mayor Buffum stated that Council is not singling out real estate agents. Other businesses are being charged and big employers will pay their share. Bob Small, 1337 Walnut, stated that as a sole proprietorship, his fee will increase from $30 to $90 a year. Noting that this is a tax, he noted that many Council Members are on record as opposing tax increases. Mr. Small indicated that Council should provide the business community with a reason and justification for the increase. He indicated that the business community should decide if an increase is justified. Mayor Buffum emphasized that the increase is so large because it has not been raised for 34 years. She conveyed that Council intends to make an annual review of fees so this does not happen again. Council Member Moss conveyed that Redding cannot be compared to Chico. Chico is considering a 2% growth control ordinance, and Redding is averaging 5% annual growth. He indicated that one of the groups that has benefitted by this growth is the real estate industry. Council is pro-growth. He pointed out that earlier this evening, during a public hearing, there were people in the audience opposed to growth in the Quartz Hill area and angry because Council is trying to encourage growth in the area. Mr. Bergich asked Council to reconsider the fee and he questioned if $90 is fair. Council Member Fulton opined that the professional field has been singled out and it will impact many small businesses. He said the fee increase is quite high and it is unfair to triple fees. 439 9/18/90 Council Member Dahl noted that the issue has been debated and discussed. He opined that a real estate agent is much closer to an independent contractor than an employee, and he emphasized that real estate agents are not being singled out. He noted that Council is very pro-growth, community has exploded with growth, and the City needs general fund money to continue to provide services. Mayor Buffum noted that at the last meeting, she offered a fee compromise and it was not accepted. She reiterated that the City provides services, and the businessman does get something for this tax, a low crime rate, fire protection, clean water, etc. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, that Ordinance No. 1935 be adopted, an ordinance of the City Council of the City of Redding amending portions of Chapters 6.02 and 6.04 of the Redding Municipal Code pertaining to Business License Fees. Voting was as follows: Ayes: Council Members - Arness, Dahl, Moss, and Buffum Noes: Council Members - Fulton Absent: Council Members - None Ordinance No. 1935 is on file in the office of the City Clerk. ORDINANCE NO. 1938 - Rezoning Application RZ-14-90, by Leon Waggoner (751 Twin View Boulevard) (L-010-230) MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that the full reading of Ordinance No. 1938 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION Made by Council Member Dahl, seconded by Council Member Arness, that Ordinance No. 1938 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-14-90). Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Ordinance No. 1938 is on file in the office of the City Clerk. RESOLUTION - Proposition 138, the New Forestry Initiative (L-040-300 & A-050-060-600) Council Member Dahl stated that Council should take a stand in support of Proposition 138, the New Forestry Initiative, because it does affect the economy of Redding. John Kenny, Shasta Alliance for Resources and Environment (SHARE), stated that SHARE is concerned about the impact Proposition 130 will have on the north state and asked Council to support Proposition 138. Mr. Kenney noted that Proposition 138 recognizes the need for regulations of forests; however, the approach is different. The forests should be left in the hands of registered foresters and biologists. He explained that Proposition 130 is poorly written and will have a dramatic effect on employment in the City. Mr. Kenny reviewed Proposition 138. Scott Warner, registered forester, 7998 Hermosa Way, added that Proposition 130 is bad forestry. He said it will create a forest 440 9/18/90 system that is unnatural. The Proposition was written for the wet coastal forest region and ignores the dry temperate region which makes up the interior valley. Mr. Warner asked Council to support Proposition 138 and oppose Proposition 130. Council Member Dahl opined that Proposition 138 is environmentally sensitive, and he asked Council to take a position in support of 138. He noted that it directly relates to the City's economic stability. Council Member Arness stated that Proposition 130 will directly affect the cities and counties in our region. He expressed his support for Proposition 138. Council Member Moss agreed. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 90-465 be adopted, a resolution of the City Council of the City of Redding endorsing Proposition 138, known as the New Forestry Initiative. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-465 is on file in the office of the City Clerk. LIBRARY COMMISSION (L-050) City Manager Christofferson noted that the Shasta County Board of Supervisors has taken action to create a Library Commission. Under the terms of the Board's action and State Law, the City of Redding is entitled to one representative on the Library Commission. Council Member Dahl suggested that Council begin looking for a representative. He said there is no urgency, and he would prefer to wait until the new Board comes on in January. Noting that the County was contemplating using the Commission to implement a sales tax, Mayor Buffum said she does not agree that a sales tax should be imposed without a vote of the people. She asked for letters of interest from people who are willing to serve on the Library Commission and suggested that the media help make the community aware of the search. Council Member Dahl expressed hope that the Library Commission does not impose a tax, even if there is a window of opportunity. He said the purpose of the legislation was to create a credible committee and this does not help its credibility. Noting that the demographics of the area are not representative of the number of Redding's appointments to the Commission, Council Member Moss asked why Redding has only one appointment. Mr. Christofferson explained that the bill was influenced by the Board of Supervisors. Council Member Arness pointed out that the Commission should not be shaped on political boundaries. Mayor Buffum stated that the best people for the Commission are those that know about libraries, such as administrators, librarians, and grant writers, not politicians. Mayor Buffum stated that she and Council Member Moss will serve on the committee to review the applicants for the appointment to the Library Commission. 441 9/18/90 COUNCIL WORKSHOP MEETING (C-050-025) City Manager Christofferson conveyed that Haedrich and Cox have nearly completed their report relating to utilization of the Downtown Mall as a Civic Center site. Mr. Christofferson recommended that Council set a date for receipt of the report. With the concurrence of Council, Mayor Buffum stated that Council will meet at 5:15 p.m., October 1, 1990, in Room 125 of the Redding Convention Center, to receive the report relating to the Downtown Mall from Haedrich and Cox. PROPOSITION 128 - Big Green (L-040-300) City Manager Christofferson recommended that Council oppose Proposition 128 relating to pesticides, the oil industry, water quality, ancient forests, forest products, and other environmental concerns. Mr. Christofferson explained that Proposition 128 will adversely affect several City operations and will, subsequently, impact the rate payers. He conveyed that while this proposition has many good aspects; unfortunately, under the initiative process, California will get the bad aspects along with the good. MOTION: Made by Council Member Fulton, seconded by Council Member Arness, to oppose Proposition 128. The Vote: Unanimous Ayes SALES TAX AUDIT T-010-700) Director of Finance Downing recalled that Council authorized Municipal Resource Consultants, Inc. (MRC) to conduct a sales tax audit and provide information services to the City of Redding to detect and correct point-of-sale distribution and reporting errors. After a review of misallocated accounts, it is estimated by MRC that an additional $150,000 to $200,000 per year of new sales tax income will be generated for the City on an ongoing basis. Ms. Downing recalled that the City is obligated under contract to remit 25% of the additional sales tax for five quarters to MRC. This was an information item and no action was necessary. TENTATIVE SUBDIVISION MAP S-21-90 - Lincoln Estates Subdivision, by Joe Delija (S-l00-110) Council was advised that the Planning Commission has granted permission to subdivide 24.25 acres into 49 single-family residential lots, located southeast of Enterprise High School, south of Lawrence Road, and at the east end of Echo Road and Harpole Road, described as Tentative Subdivision Map S-21-90. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. USE PERMIT UP-79-90 - by Fred Meyer (1515 Dana Drive) (L-010-390) Planning and Community Development Director Perry reported that the Planning Commission approved a use permit for Fred Meyer to construct a 186,615 square-foot retail building. Mr. Perry conveyed that this is an information item and no action is necessary; however, he explained that he is bringing this item to Council because of the condition placed on the project. He indicated 442 9/18/90 that when developed, the project will generate about $800,000 in traffic fees; and to utilize those fees, two alternatives have been established. If the store, the City, and Caltrans can reach an agreement by March 1, 1991, the store will construct the Friendly Road on/off ramps. If an agreement is not reached, then the store has the option of doing the ramps or improving Victor Avenue and Dana Drive. Regardless of the final alternatives, improvements have to be made to Dana Drive and two signals installed on Dana Drive. TENTATIVE SUBDIVISION MAP S-33-90 - Country Oaks South, by Domestic Properties, Inc. (S-l00-110) Council was advised that the Planning Commission has granted permission to subdivide 15 acres into 24 single-family residential lots, located north of Highway 299E and east of Interstate 5, described as Tentative Subdivision Map S-33-90. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY STATUS REPORT (A-050-250) Planning and Community Development Director Perry submitted the Monthly Status Report through August 1990 for the following work areas: (1) annexations; (2) planning and zoning; (3) building and population (4) park design; and (5) cable. This was an information item and no action was required. LAFCO ANNEXATION POLICIES (B-080-650-375 & A-150) Redevelopment Specialist Morgon recalled that Council was presented with a copy of a first draft of the proposed revised Shasta Local Agency Formation Commission (LAFCO) policies. Mr. Morgon noted that the draft policies are more comprehensive than the existing policy statements, and staff is concerned that if adopted as proposed, there will be an increased burden on the City to justify the appropriateness of proposed annexations. Mr. Morgon reviewed the Report to City Council dated September 12, 1990, and conveyed that staff has some concerns about some technical aspects of the proposed revisions relating to the City's Sphere of Influence and the General Plan. He reviewed those concerns for Council's information. It is the recommendation of staff to respond in writing to LAFCO staff and express the City's concerns. Staff will report back to Council and recommend a course of action in preparation for the November or December public hearing to adopt the revised policies. Council Member Moss, Council's representative to LAFCO, stated that this is a good approach and he concurs with the recommendation. MOTION: Made by Council Member Dahl, seconded by Council Member Moss, to respond to LAFCO staff and express the City's concerns relating to the proposed draft of LAFCO policies and authorize Council Member Moss to sign. The Vote: Unanimous Ayes SACRAMENTO RIVER REGULATIONS (R-200-600) Planning and Community Development Director Perry reported that the Recreation and Parks Commission and the Tourist and Convention Commission made the following recommendations to Council regarding regulations on the Sacramento River: (1) use of personal water craft is banned north of Cypress Street bridge; (2) the maximum horsepower 443 9/18/90 for any boat north of the boat entrance to Kutras Lake is 50 hp; (3) maximum speed for any boat within the City of Redding shall not exceed 35 mph; (4) an education program for river uses should be established; and (6) reusable litter bags should be provided to rafters by raft rental agencies. Mr. Perry noted that the City has the ability to adopt the recommended regulations. If Council does enact regulations like those suggested, Mr. Perry recommended that staff contact the City of Anderson and Shasta County to determine if their position parallels that of Council's. Mayor Buffum noted that Anderson does not have jurisdiction over the Sacramento River because the Anderson city border goes to the edge of the river. Council Member Dahl noted that there have been public hearings and adequate notice and discussion. He agreed that jet skis should be banned within the City limits and a 25 mph speed limit in the City limits should be established. Council Member Dahl stated that there should not be a maximum horsepower for boats. He added that Council should not wait for other agencies to enact regulations; however, Council should work with them. Council Member Moss concurred that jet skis should be banned within the City limits. He explained that he is not concerned about those areas along the river that are not in the City limits because those areas have access problems. He agreed that horsepower should not be a criteria and opined that a 25 mph speed limit is good. Council Member Moss noted that Police Captain McKinnie conveyed that the Sheriff's Department is willing to assist the City with enforcement. He stated that the 25 mph speed limit should be in relation to the land, not the water. Council Member Moss also concurred that an education program for river users be established and raft rental agencies should provide litter bags. He suggested that personal watercraft be allowed from Highway 44 down river to allow jet skis on Kutras Lake for demonstration purposes. Noting that she lives on the River, Mayor Buffum stated that she will not give up the right to vote on this issue. She concurred with Council Members Dahl's and Moss' recommendations and said she is willing to listen to Council Member Moss's suggestion regarding personal watercraft on Kutras Lake. Council Member Arness noted that enforcement of the river regulations is not clear or clean. He also pointed out that large boats moving at 25 mph will create large wakes; however, he did agree that a 25 mph speed limit should be established. He concurred that restricting horsepower is unnecessary. Council Member Arness also suggested that river rafters be required to wear safety vests. He said that protecting the river is important and training is the best way to reach that end. Council Member Fulton agreed with Council's recommendations; however, he disagreed that a 25 mph speed limit is a good idea. He noted that Council may enact these recommendations now or wait until a Waterways Commission is established. Council Member Moss asked Council's opinion about allowing personal watercraft on Kutras Lake. Mayor Buffum noted that if jet skis are allowed on Kutras Lake, residents located in Park Marina Village and close to the Lake will be 444 9/18/90 impacted by the noise. All residents should be granted relief from the noise. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to enact the following regulations on the Sacramento River, including Kutras Lake: to ban jet skis within the City limits, establish a maximum speed limit of 25 mph within the City limits determined by the relationship of the boat to the land, establish education programs for River users, require raft rentals agencies to distribute litter bags and require litter deposits, and direct staff to prepare the necessary documents. The Vote: Unanimous Ayes Mr. Perry indicated that there are three different elements involved. Education programs would not be established by ordinance and requiring raft rental agencies to distribute litter bags and require deposits must be researched further. He indicated that the staff will divide the motion into three separate elements. Mayor Buffum suggested that a Rivers and Waterways Commission be established and the City Attorney be directed to draft the ordinance. She also expressed hope that the County and State will cooperate with the City on river regulations. With the concurrence of City Council, Mayor Buffum directed the City Attorney to draft an ordinance establishing the Waterways Commission and it back to Council within 30 days for consideration. CORPORATION YARD - Conceptual Design Study and Architect (C-050-100-040) Planning and Community Development Director Perry recalled that the Corporation Yard Conceptual Design Study was completed by Dreyfuss and Blackford. The study is a detailed analysis of space needs and a conceptual site design for the proposed corporation yard located along Viking Way and Abernathy Lane. The next step is to obtain the final construction design and bid documents. Mr. Perry conveyed that staff is satisfied with the report and it is recommended that Council authorize staff to negotiate with Dreyfuss and Blackford for construction-design services. MOTION: Made by Council Member Moss, seconded by Council Member Dahl, to accept the report by Dreyfuss and Blackford of the Corporation Yard Conceptual Design Study and direct staff to negotiate with Dreyfuss and Blackford for construction-design services for the Corporation Yard for Council's consideration. The Vote: Unanimous Ayes RESOLUTION - Annexation 90-8, Hollow Lane Area RESOLUTION - Annexation Agreement with Elizabeth & Malcolm Solberg (A-150-230) Planning and Community Development Director Perry reported that Annexation 90-8, Hollow Lane, is comprised of 89.3 acres and the primary reason for this annexation is to receive City sewer service. It is the recommendation of staff that the annexation request be approved subject to an Annexation Agreement. Mr. Perry recommended that Council authorize commencement of the annexation proceedings, ratify the negative declaration, and approve the Annexation Agreement with Elizabeth and Malcolm Solberg with conditions relating to construction of sewer system improvements before annexation and dedication of a public service easement after execution of a property tax exchange agreement with the County. Council Member Fulton questioned why the City is continuing to move forward with annexation proceedings when the County is stalling. 445 9/18/90 Council Member Moss conveyed that the City should continue to process annexation agreements. He pointed out that this will put the pressure on Shasta County to be held accountable. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Council make the following findings regarding Annexation Application 90-8, Hollow Lane: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration authorized by the Board of Administrative Review on September 5, 1990. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 90-466 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commission to take proceedings for the annexation to the City of Redding of inhabited territory designated City of Redding Annexation No. 90-8 (Hollow Lane). Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-466 is on file in the office of the City Clerk. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 90-467 be adopted, a resolution of the City Council of the City of Redding approving the Agreement entered into between the City of Redding and Malcolm Solberg and Elizabeth Solberg and authorizing the Mayor to sign same after execution of a Property Tax Exchange Agreement with Shasta County. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-467 is on file in the office of the City Clerk. RESOLUTION - Annexation 90-10, Posey Lane (A-150-232) Planning and Community Development Director Perry reported that Annexation 90-10, Posey Lane Area, consists of one undeveloped 11.48 acre parcel, and the primary reason for the annexation is to receive City services to accommodate a future subdivision. It is the recommendation of staff to authorize commencement of annexation proceedings. MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Council make the following findings regarding Annexation Application 90-10: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration authorized by the Board of Administrative Review on September 5, 1990. The Vote: Unanimous Ayes with Council Member Moss abstaining. 446 9/18/90 MOTION: Made by Council Member Dahl, seconded by Council Member Arness, that Resolution No. 90-468 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commission to take proceedings for the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 90-10 (Posey Lane Area). Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, and Buffum Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Moss Resolution No. 90-468 is on file in the office of the City Clerk. RESOLUTION - Electric Utility Rate Adjustment (E-090-100) Electric Utility Director Lindley recalled that the Fiscal Year 1991 budget recognized that an Electric Utility rate increase would be required to remain in compliance with the "Mechanism for Activating Consideration of Electric Utility Rate Adjustments." Mr. Lindley reported that the Electric Utility Commission recommended that Council adopt a new incentive rate, adopt a summer/winter rate differential, and that three conditional recommendations be presented to Council regarding the sizing of an October 1990 general rate adjustment. Mr. Lindley reviewed the Report to Council dated September 12, 1990, which is incorporated herein by reference. It is the recommendation of staff to adopt the resolution which will establish summer/winter and Peak Load reduction rate structures; adopt a 6.4% electrical rate increase effective October 1, 1990, provide a supplemental appropriation for the Electric Department's fiscal year General System Improvement; and amend the Electric Utility rate tariffs. MOTION: Made by Council Member Arness, seconded by Council Member Dahl, that Resolution No. 90-469 be adopted, a resolution of the City Council of the City of Redding establishing electrical utility rates for service to customers within the corporate limits of the City of Redding including the establishment of summer/winter rates; a Peak Load reduction rate structure; a 6.4% rate increase, and amendment of the rate tariffs. Voting was as follows: Ayes: Council Members - Arness, Dahl, Moss, and Buffum Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 90-469 is on file in the office of the City Clerk. ORDINANCE - Transient Occupancy Tax Rate (T-010-600) Tourism and Convention Director Gorman reported that the Tourism and Convention Commission and staff recommend that the Transient Occupancy Tax be increased from 8% to 10%. Mr. Gorman noted that the Hotel- Motel Owners Association has also indicated their support for this action. Council Member Moss offered Ordinance No. 1939 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 4.12.120 of Title 4, Revenue and Finance, 447 9/18/90 pertaining to imposition of the Transient Occupancy Tax in the amount of 10%. ORDINANCE - Landing Fees Policy Revision (A-090-100) Airports Director Ruff reported that the landing fee policies at Redding Municipal Airport and Benton Airpark contain fundamental problems which need to be revised and corrected. Mr. Ruff reviewed the Report to Council dated September 12, 1990, which is incorporated herein by reference. Mr. Ruff emphasized that there are no changes to the fees. It is the recommendation of the Airports Commission as well as staff to amend the ordinance pertaining to landing fees as follows: landing fees shall be charged to (1) operators of aircraft with a Certified Maximum Gross Takeoff Weight of 12,500 pounds or greater; (2) operators of aircraft providing regularly scheduled passenger or freight services, regardless of aircraft weight; and (3) operators of aircraft operating from Redding Municipal Airport in performance of special contracts for fighting fire or otherwise with the Federal, State, or County government. Council Member Dahl offered Ordinance No. 1940 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 3.04 of the Redding Municipal Code by repealing Section 3.04.030 and substituting therefor a new Section 3.04.030, pertaining to landing fees at Redding Municipal Airport and Benton Airpark. RESOLUTION - Bid Schedule No. 2377, Purchase of Four Used Vehicles (B-050-100) Director of General Services Masingale recalled that funds were budgeted in the Fleet Management Division to purchase four used vehicles in 1990-91 for the Electric, Recreation and Parks, Community Services, and Communications Departments. Mr. Masingale reported that three bids were received in response to the bid specifications; however, none complied with the requirements of the bid specifications. It is the recommendation of staff to reject all bids and authorize the City Manager to negotiate on the open market for the purchase of four used vehicles. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 90-470 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for four used vehicles (Bid Schedule No. 2377); declaring that the required vehicles may be acquired in the open market; and authorizing the negotiation thereof and execution of a contract or contracts by the City Manager. Voting was as follows: Ayes: Council Members - Arness, Dahl, Fulton, Moss, and Buffum Noes: Council Members - None Absent: Council Members - None Resolution No. 90-470 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) De Armond's (Loraine F. and William J. Kruse, Jr.) 329 Lake Boulevard Old World Cheese (Gary Martin Cole) 448 9/18/90 3483 South Market Street ADJOURNMENT There being no further business, at the hour of 10:40 p.m., Mayor Buffum adjourned the meeting to 5:15 p.m., September 25, 1990, at the City Hall Conference Room, 760 Parkview Avenue, for a City Council Workshop. APPROVED: __________________________________ Mayor ATTEST: __________________________________ Assistant City Clerk