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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1990-12-041 12/04/90 City Council, Regular Meeting Council Chambers Redding, California December 4, 1990 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. The Invocation was offered by Reverend Dick Kendall of the United Methodist Church of Redding. The meeting was called to order by Vice Mayor Dahl with the following Council Members present: Arness, Fulton, Moss, and Dahl. Mayor Buffum was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Public Works Galusha, Director of Planning and Community Development Perry, Electric Utility Director Lindley, Chief of Police Blankenship, Director of Finance Downing, Director of Community Services Gorman, Senior Planner Keaney, Principal Planner King, Director of Information Systems Kelley, Assistant Director of Finance Sundin-Gruber, Associate Planner Morgon, Lead Systems Analyst Erwin, Assistant Planner Manuel, Science Museum Manager Howe, Programmer Analyst Barzin, City Treasurer Linville, City Clerk Nichols, and Secretary to the City Council Moscatello. URGENCY ITEM - Alliance of Redding Museums (C-050-450) City Attorney Hays stated that the Alliance of Redding Museums presented an item to City Council at the Adjourned Regular Meeting of December 1, 1990, pertaining to setting aside real property necessary for the design and development of the Redding Museum Park. The request was considered to be a matter of urgency and proposed to be added and considered at tonight's meeting. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to consider the Alliance of Redding Museum's request pertaining to the setting aside of real properties necessary to the design and development of the Redding Museum Park as a matter of urgency. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum RESOLUTION - Commending Ella May Gerlinger (A-050-060) City Clerk Nichols conveyed that Ella May Gerlinger will be honored at the "Good Scout" Reception hosted by the Shasta-Trinity District Boy Scouts of America. Noting that Ella May Gerlinger has served this community for 42 years in a number of capacities, it is recommended that Council adopt a resolution commending Ella May Gerlinger. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Resolution No. 90-564 be adopted, a resolution of the City Council of the City of Redding commending Ella May Gerlinger for her dedicated service. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-564 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 10, check numbers 162938 through 163368 inclusive, in the amount of $3,532,445.69, be approved and paid, and Payroll Register No. 11, check numbers 307033 through 307736 inclusive, in the amount of $799,046.07, and Automatic Payroll Deposits in the amount of 2 12/04/90 $194,070.23, for the period November 11, 1990, through November 24, 1990, be approved. TOTAL: $4,525,561.99 Resolution - Adjustment of Personnel Expenses (P-100-050-100) It is the recommendation of the Finance Director that Resolution No. 90-565 be adopted, a resolution of the City Council of the City of Redding (1) rescinding Resolution No. 90-478 effective Midnight, December 31, 1990, and (2) establishing a new Personnel Policy for Unrepresented Employees not covered by a Memorandum of Understanding pertaining to employee reimbursable expenses effective January 1, 1991. Resolution - General Plan Amendments (G-030-010) It is the recommendation of the Planning Director that Resolution No. 90-566 be adopted, a resolution of the City Council of the City of Redding amending the general plan of the City of Redding by adopting General Plan Amendment GPA-11-88(b) (3597 Eureka Way by Stoney Ridge Partners, Phase 2); General Plan Amendment GPA-13-90 (435 Beagle Lane and 2760 Bechelli Lane by Charles Jewell); General Plan Amendment GPA-14-90 (339, 351, 375, and 393 Lake Boulevard by Brent Owen and City of Redding); General Plan Amendment GPA-15-90 (4830 Cedars Road by Shasta Niners); General Plan Amendment GPA-1-89 (Amendment to Quartz Hill Area Plan by Tony LaBella); and amending the circulation element to designate Quartz Hill Road north of Keswick Dam Road as a four-lane arterial. Resolution Setting Public Hearing - Landscape Maintenance District No. 13, Westside Estates Subdivision (A-170-075-013) It is the recommendation of the Planning Director that Resolution No. 90-567 be adopted, a resolution of the City Council of the City of Redding ordering formation of territory into a Landscape Maintenance District, to be known as Landscape Maintenance District No. 13, authorizing the levy and collection of assessments therein pursuant to the Landscaping and Lighting Act of 1972, and setting a public hearing for January 2, 1991; and approve the Engineer's Report. Set Public Hearing - re Abandonment Application A-1-90 Amendment Request, by Medvest (Shasta and Liberty Streets) (A-010-100) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., January 2, 1991, to consider Abandonment Application A-1-90 Amendment Request. Annexation 90-16 - Viking Way Area (A-150-238) It is the recommendation of the Planning Director that Annexation 90-16, Viking Way Area, be referred to Departments for review and comment, to the Board of Administrative Review for an environmental determination, and authorize staff to contact other property owners in the area to determine interest in annexation. Resolution - Annexation 89-5, Buckeye Area, Property Tax Exchange Agreement * (T-010-650 & A-150-211) It is the recommendation of the Planning Director that Resolution No. 90-568 be adopted, a resolution of the City Council of the City of Redding involving the property tax transfers between the County of Shasta and the City of Redding for the City of Redding Reorganization No. 89-5 (Buckeye Area). Resolution - Annexation 90-2, Quartz Hill/Keswick Dam * (T-010-650 & A-150-224) It is the recommendation of the Planning Director that Resolution No. 90-569 be adopted, a resolution of the City Council of the City of Redding involving the property tax transfers between the County of Shasta and the City of Redding for City of Redding Reorganization 90-2 (Quartz Hill/Keswick Dam). Resolution - Annexation 90-12, Quartz Hill/Keswick Dam Area II * (T-010-650 & A-150-234) It is the recommendation of the Planning Director that Resolution No. 90-570 be adopted, a resolution of the City Council of the City of Redding involving the property tax transfers between the County of Shasta and the City of 3 12/04/90 Redding for City of Redding Reorganization No. 90-12 (Quartz Hill/Keswick Dam Area II). 4 12/04/90 Resolution - Legal Assistance by McDonough, Holland & Allen - Spring Creek Pumped Storage Project (E-120-070-655) It is the recommendation of the Electric Utility Director that Resolution No. 90-571 be adopted, a resolution of the City Council of the City of Redding continuing its arrangement with McDonough, Holland and Allen for legal assistance regarding water rights applications in work associated with State Water Rights for the Spring Creek Pumped Storage Project, not to exceed $30,000.00 Carter House Science Museum - Admission Charge (C-050-450-030) It is the recommendation of the Community Services Director to institute an admission charge in the amount of $1.00 for adults and $.50 for children and seniors at the Carter House Science Museum. Award of Bid - Bid Schedule No. 2401, One (1) Mid-Size Utility Vehicle (B-050-100) It is the recommendation of the Fire Chief that Bid Schedule No. 2401, one mid-size, four-wheel drive, four door, sport utility vehicle, be awarded to the low bidder, Green Valley Ford, in the amount of $16,723.75. Funds for this purchase are included in the 1990/91 budget. Award of Bid - Bid Schedule No. 2402, 59 General Duty Helmets and Accessories (B-050-100) It is the recommendation of the Chief of Police that Bid Schedule No. 2402, 59 general duty helmets and accessories, be awarded to the second low bidder, Pro Police, in the amount of $5,626.20. The low bidder did not meet the requirements of the specifications. Funds for this purchase are included in the 1990/91 budget. Resolution - Shasta Interagency Narcotics Task Force Budget Supplement Resolution - Amendment to Memorandum of Understanding (P-150-150) It is the recommendation of the Chief of Police that Resolution No. 90-572 be adopted, a resolution of the City Council of the City of Redding approving a further $15,000 increase in the Fiscal Year 1990-91 budget for the Shasta Interagency Narcotics Task Force. It is also recommended that Resolution No. 90-573 be adopted, a resolution of the City Council of the City of Redding approving a new (revised) Shasta Interagency Narcotics Task Force (SINTF) Agreement to delete the California Department of Alcoholic Beverage Control as a member of SINTF and add the California Department of Corrections, Parole and Community Services Division, as a member of SINTF, and authorizing the Chief of Police to sign said Agreement. Resolution - Solid Waste Management Plan (S-020) It is the recommendation of the Director of General Services that Resolution No. 90-574 be adopted, a resolution of the City Council of the City of Redding adopting an interim review and approval process for certain solid waste facilities not included in the County Solid Waste Management Plan. Set Public Hearing - re Limousine Owner's Permit, by Rico D. Ballestrasse (T-100-150) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., January 2, 1991, to consider the public convenience and necessity for the operation of a limousine. Purchase of Snow Plows Resolution Transferring Funds * (B-130-070 & B-050-100) It is the recommendation of the Public Works Director that two snow plows be purchased from Bacon-Western in the amount of $5,107.19. Bacon-Western furnished the lowest quote. There is $4,300 in the 1990/91 budget for this purchase and a budget transfer in the amount of $850 is necessary. It is, therefore, recommended that Resolution No. 90-575 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 21st Amendment to the City Budget Resolution No. 90-362 transferring $850 for the purchase of two (2) snow plows. 5 12/04/90 6 12/04/90 Award of Bid - Bid Schedule No. 2408, Tailgate Sand Spreaders (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2408 (Job No. 9084-87), tailgate sand spreaders, be awarded to the low bidder, Bacon-Western, in the amount of $6,339.94. Funds for this purchase are included in the 1990/91 budget. Resolution Accepting Streets - Acceptance of Final Map and Improvements, Girvan Estates (East of Eastside Road, north of Girvan Road, and west of Pit Road) * (S-070-230 & S-100-225) It is the recommendation of the Public Works Director that Resolution No. 90- 576 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Yvonne Court, Monique Court, Ely Lane, and Pit Road in the Girvan Estates Subdivision. It is also recommended that the improvements in Girvan Estates, developed by GMC Development, be accepted as satisfactorily completed, and the City Clerk file the Map with the Shasta County Recorder. Resolution Accepting Streets - Acceptance of Final Map and Improvements, Sunset Court (North of Eureka Way and west of the Sunset West Subdivision) * (S-070-230 & S-100-719) It is the recommendation of the Public Works Director that Resolution No. 90- 577 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Leisha Lane and Sunflower Drive in the Sunset Court Subdivision. It is also recommended that the improvements in the Sunset Court Subdivision, developed by Graves and Company, be accepted as satisfactorily completed and the City Clerk be instructed to file the map with the Shasta County Recorder. Award of Bid - Bid Schedule No. 2410, Furnish Crane to Install Steel Truss Bridge on the Sacramento River Trail, Phase 9; and Resolution Appropriating Funds (B-050-020 & B-130-070 & P-050-460-700) It is the recommendation of the Public Works Director that Bid Schedule No. 2410 (Job No. 9929), furnish crane to install steel truss bridge on the Sacramento River Trail, Phase 9, be awarded to the low bidder, Dura Crane of Anderson, in the amount of $9,000, and an additional $1,000 be approved to cover the cost of engineering and inspection fees and contract change orders, for a total of $10,000. Funds for this project in the amount of $6,790 are from private donation funds and $3,210 are from Park Development Funds. It is also recommended that Resolution No. 90-578 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 23rd Amendment to the City Budget Resolution No. 90362 appropriating $3,210 for furnishing crane to install steel truss bridge, Sacramento River Trail, Phase 9. Award of Bid - Bid Schedule No. 2411, One Hydrogen Sulfide Analyzer (Portable) (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2411 (Job No. 9084-12), one hydrogen sulfide analyzer (portable), be awarded to the sole bidder, Arizona Instruments of Jerome, Arizona, in the amount of $11,544.06. Funds for this purchase are included in the 1990/91 budget. Resolution - Addendum to Agreement with DKS Associates and Shasta County Regional Transportation Planning Agency for the Redding Urban Area Transportation Study (T-080-500) It is the recommendation of the Public Works Director that Resolution No. 90- 579 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Addendum to Agreement between the City of Redding, DKS Associates, and the Shasta County Regional Transportation Planning Agency (RTPA) for a Redding Urban Area Transportation Study. The Addendum will broaden the area of study from Shasta Lake to the southern County border, and from Palo Cedro to Old Shasta. Funds in the amount of $59,500 will be provided from the RTPA. 7 12/04/90 Resolution - Abatement Proceedings on 1735 Roanoke Avenue, owned by Theodore R. Drumgoole (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90-580 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 1735 Roanoke Avenue, owned by Theodore R. Drumgoole. Resolution - Abatement Proceedings at 559 St. Marks, owned by Dixie L. Roberts (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90-581 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 559 St. Marks Street, owned by Dixie L. Roberts. Resolution - Abatement Proceedings at 2335 Shasta Street, owned by Richard and Naida Chester (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90-582 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 2335 Shasta Street, owned by Richard D. Chester and Naida Chester. Resolution - Abatement Proceedings at 6045 Eastside Road, owned by Bette Lue Traill and Joe Larry Heflin, as Joint Tenants (A-030-070) It is the recommendation of the City Attorney that Resolution No. 90-583 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 6045 Eastside Road, owned by Bette Lue Traill and Joe Larry Heflin, as joint tenants. MOTION: Made by Council Member Moss, 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, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution Nos. 90-565, 90-566, 90-567, 90-568, 90-569, 90-570, 90-571, 90- 572, 90-573, 90-574, 90-575, 90-576, 90-577, 90-578, 90-579, 90-580, 90-581, 90-582, and 90-583 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Western Shasta Resource Conservation District (S-050) A letter was received from the Western Shasta Resource Conservation District (RCD) stating its interest in assisting the City of Redding in developing and implementing an erosion and sediment control program for land development within the City. In order for RCD to provide assistance, the City of Redding needs to become part of the Western Shasta Resource Conservation District, and RCD is suggesting that the City annex to the District. Director of Public Works Galusha stated that the letter outlines potential benefits to the City; however, City staff has some concerns with what could be overlapping powers of the district related to development and construction activity within the City. He recommended that staff meet with representatives of the district and look at possible alternatives such as developing an agreement which would provide some financial assistance to the District and allow the City to take advantage of the District's technical resources without annexing. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to refer Western Shasta Resource Conservation District's (RCD) suggestion to 8 12/04/90 annex the City of Redding to RCD in order for the City to obtain assistance from RCD to staff for review. The Vote: Unanimous Ayes Mr. Galusha conveyed that staff will bring this matter back before Council at the first meeting in January. Letter of Resignation from Patti Schroll - Tourism and Convention Commissioner (B-080-540) A letter of resignation from the Tourism and Convention Commission was received from Patti Schroll. Ms. Schroll thanked Council for allowing her the opportunity to work with the Commission. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to accept the resignation of Patti Schroll from the Tourism and Convention Commission with regret and direct staff to prepare a letter of thanks for the Mayor's signature. The Vote: Unanimous Ayes SHASTA VIEW EXTENSION ASSESSMENT DISTRICT NO. 1990-2 (A-170-120-840) Director of Public Works Galusha recalled that the Shasta View Extension Assessment District is an acquisition type assessment district formed to construct street improvements for Shasta View Drive north of Rancho Road. Mr. Galusha stated that the construction of Shasta View has been completed and approval will finalize this district. Bond Counsel Sperry, Sturgis, Ness, Brunsell, & Sperry, submitted the following documents for adoption. Resolution MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-584 be adopted, a resolution of the City Council of the City of Redding amending Resolution of Intention No. 90-207 in the Shasta View Extension Assessment District No. 1990-2. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-584 is on file in the office of the City Clerk. Paid and Unpaid List Resolution MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-585 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid in the Shasta View Extension Assessment District No. 1990-2. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-585 is on file in the office of the City Clerk. Resolution MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-586 be adopted, a resolution of the City Council of the City of Redding authorizing issuance of Series A Bonds in the Shasta View Extension Assessment District No. 1990-2. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-586 is on file in the office of the City Clerk. Preliminary Official Statement Certificate Respecting Preliminary Official Statement 9 12/04/90 Resolution MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-587 be adopted, a resolution of the City Council of the City of Redding approving Official Statement in the Shasta View Extension Assessment District No. 1990-2. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-587 is on file in the office of the City Clerk. Resolution MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-588 be adopted, a resolution of the City Council of the City of Redding approving Bond Purchase Agreement in the Shasta View Extension Assessment District No. 1990-2. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-588 is on file in the office of the City Clerk. CHURN CREEK ROAD EXTENSION NO. 2 ASSESSMENT DISTRICT NO. 1990-5 (A-170-120-101) Public Works Director Galusha stated that a letter was received from BHS Investments requesting the formation of an acquisition type assessment district to fund a portion of the cost of extending Churn Creek Road approximately 2100 feet south of the original 1500 feet built under Churn Creek Road Extension No. 1, Assessment District No. 1989-5. Mr. Galusha conveyed that this construction is a part of the connection of Churn Creek Road to the south toward the Dana Drive area. Bond Counsel Sperry, of the law firm Sturgis, Ness, Brunsell, and Sperry, submitted the following documents for adoption. Petitions Certificate re Petition Resolution MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-589 be adopted, a resolution of the City Council of the City of Redding accepting Petition in the Churn Creek Road Extension No. 2, Assessment District No. 1990-5. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-589 is on file in the office of the City Clerk. Boundary Map Resolution Motion: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-590 be adopted, a resolution of the City Council of the City of Redding approving the Boundary Map in the Churn Creek Road Extension No. 2, Assessment District No. 1990-5. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-590 is on file in the office of the City Clerk. 10 12/04/90 Resolution MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-591 be adopted, a resolution of the City Council of the City of Redding approving Agreement for Engineering Services with Sharrah Dunlap and Associates, Inc., in the Churn Creek Road Extension No. 2, Assessment District No. 1990-5. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-591 is on file in the office of the City Clerk. Resolution MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-592 be adopted, a resolution of the City Council of the City of Redding approving Agreement for Legal Services in the Churn Creek Road Extension No. 2, Assessment District No. 1990-5. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-592 is on file in the office of the City Clerk. Resolution MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-593 be adopted, a resolution of the City Council of the City of Redding of intention in the Churn Creek Road Extension No. 2, Assessment District No. 1990-5. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-593 is on file in the office of the City Clerk. RESOLUTION - California Arbitrage Management Program (A-050-100) City Treasurer Linville conveyed that the 1986 Tax Reform Act requires municipalities to calculate the amount of "arbitrage" and rebate these earnings to the Internal Revenue Service. Ms. Linville noted that due to the sale of the Clover Creek Sewer Assessment District 1986-2 bonds, it will be necessary to track interest earnings and expenditures. Ms. Linville explained that certain municipalities have formed a Trust under the Joint Exercise of Powers Act, entitled the California Arbitrage Management Program (CAMP) to provide public agencies with an instrumentality or agency to pool their bond proceeds to facilitate the investment of, and accounting for, such proceeds. It is the recommendation of the City Treasurer to enter into a contract with CAMP to track arbitrage earnings and expenditures. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-594 be adopted, a resolution of the City Council of the City of Redding authorizing the City of Redding to join with other public agencies as a participant of the California Arbitrage Management Trust and to invest in shares of the Trust and in individual portfolios. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-594 is on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - re Appeal of Negative Declaration for Country Oaks South Subdivision, S-33-90, by Lawrence Lake, et al. (S-100-110) The hour of 7:00 p.m. having arrived, Vice Mayor Dahl opened the continued public hearing re the Appeal of Negative Declaration for Country Oaks South Subdivision, S-33-90. 11 12/04/90 The following documents are on file in the office of the City Clerk. Affidavit of Continued Public Hearing Planning Department recommendation dated November 30, 1990 City Clerk Nichols advised that no protests were received. Senior Planner Keaney recalled that the public hearing was continued to allow staff and the appellant, Mr. Lake, an opportunity to review any alternative tentative maps submitted by the applicant. Mr. Keaney conveyed that the applicant's engineer submitted an alternative sketch on November 29, 1990. He added that staff has not had time to thoroughly review the sketch, and it is, therefore, the recommendation of staff to refer the sketch to the Planning Commission for report and recommendation. Eihnard Diaz, Sharrah Dunlap and Associates, representing the applicant, Domestic Properties, stated that he concurs with staff's recommendation to refer the sketch back to the Planning Commission. Mr. Diaz noted that more properties in Redding are becoming difficult to develop. He conveyed that the relationship between the Department of Fish and Game, the City, and the County must also include developers and neighbors. He pointed out that rather than the appellants just raising concerns, they offered alternatives, and the property owner was willing to compromise and meet those concerns. Grading has been minimized, stem wall construction is required, and the wetlands are proposed to be dedicated to either Mr. Lake, the Department of Fish and Game, or the City. Larry Lake, 828 Country Oak Drive, stated that the new proposal has some merit; and he has spoken with his neighbors, and they also agreed the new sketch has potential. He said the next logical step is to get more analysis. Mr. Lake asked if this will be considered as a new project, and how it will affect the appeal. City Attorney Hays stated that the sketch can be referred back to the Planning Commission and the appeal can remain alive. He noted that if it is resolved at the Commission level, and the neighborhood is satisfied with the result, the appeal can be withdrawn. He reiterated that the appeal will be continued. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Arness, seconded by Council Member Moss, to refer the revised map for Country Oaks South, S-33-90, to the Planning Commission for report and recommendation and keep the appeal of the negative declaration for Tentative Subdivision Map S-33-90, Country Oaks South, open. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-17-90, by KSA Associates (19424 Posey Lane) (L-010-230) The hour of 7:00 p.m. having arrived, Vice Mayor Dahl opened the public hearing re Rezoning Application RZ-17-90. 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 November 29, 1990 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval of a request to rezone 32,000 square feet of a 20-acre parcel from "R1-B15" Single Family Residential District to "R-2-F" Multiple Family Residential District. The rezoning is part of a tentative subdivision map approved by the Commission for property that created 2 duplex lots, 21 fourplex and fiveplex parcels, and 14 single-family lots. 12 12/04/90 Mr. Perry explained that the overall density of the subdivision is consistent with the General Plan and the duplex lots are proposed at the entrance of the subdivision. The entrance now connects to Twin Towers Drive; and in the future, Twin Towers Drive will be replaced by Shasta View Drive and a future freeway overcrossing will reach street grade on the north side of Highway 299 and Collyer Drive. It is the recommendation of staff that the property be rezoned in concept and staff be directed to submit an ordinance upon recording of a final map to record the lots, provided that this conceptual approval would expire if the tentative map became null and void through expiration. Archer Pugh, representing KSA Associates, conveyed that he concurs with staff's recommendation, and the appropriate zoning would be R2-B15-F. Mr. Pugh noted that staff's analysis of the project was very well done. He conveyed that petitions were submitted to staff by members of the community who support this development as proposed. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Council make the following findings regarding Rezoning Application RZ-17-90: 1. 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 on August 29, 1990. The Vote: Unanimous Ayes. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to approve Rezoning Application RZ-17-90, by KSA Associates, in concept, and direct staff to submit an ordinance upon recording of a final map to record the lots provided that this conceptual approval would expire if the tentative map became null and void through expiration. The Vote: Unanimous Ayes PUBLIC HEARING - re the Appeal of Use Permit UP-82-90, Live Oak School, by Lynn DeMello, et al. (South of Oasis Road and west of the Southern Pacific Railroad) (L-010-390) The hour of 7:00 p.m. having arrived, Vice Mayor Dahl opened the public hearing re the Appeal of Use Permit UP-82-90, Live Oak School. 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 November 29, 1990 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission approved Use Permit Application UP-82-90 granting the Shasta County Office of Education permission to develop the County Office of Education's "Community School" and "Kids at Risk" programs on approximately 42 acres of land. Mr. Perry indicated that controversy concerning this project revolves around the nature of the school and the type of students that attend. He said the school has a closed campus and access would be from the west side of the property. The site plan was submitted to Council. It is the recommendation of staff that the appeal be denied and the use permit be approved subject to the conditions as recommended by the Planning Commission. Midge Gates, Shasta County Superintendent of Schools, stated that Live Oak School needs to be relocated, and the Shasta County Office of Education (SCOE) has searched long for a location and investigated 19 sites. Ms. Gates conveyed that the need to relocate is eminent because the current use permit is temporary and Buenaventura Boulevard will be expanding through the area where Live Oak School is now located. She said Live Oak School was located on 13 12/04/90 Bonnyview Road for twelve years and on Canyon Creek Road for three years; and during this time, the school was a good neighbor. Ms. Gates advised that the campus is closed and classes are small and closely supervised. The site is appropriate for a school 14 12/04/90 and meets State department criteria. SCOE has met with local residents, and SCOE is very sensitive to their concerns and wants to be a good neighbor. Ms. Gates asked for Council's support. Council Member Moss suggested that comments be limited to land use issues. Bill Kipp, Superintendent of Redding School District, stated that he was a neighbor of Live Oak school for six years when it was located on South Bonnyview. The school was located 1000 yards from his property and there were no problems. Mr. Kipp added that there is a real need to establish such a school if all kids are to be educated. Dave Edwards, Shasta County Board of Education, pointed out that without Live Oak School, all other schools would have to individually establish the type of service that Live Oak provides. Lynn DeMello, 3485 East Keswick Dam Road, stated that she received the staff report on Saturday. Ms. DeMello conveyed that many of the appellants were not notified of the public hearing, nor did they receive the staff report. She said the appellants were not given a fair shake. She stated that the notification area for notice of a public hearing should be at least one mile, not 300 feet. Ms. DeMello stated that the residents are concerned; and because of the nature of school, they should be. It was Ms. DeMello's understanding that "gang kids" attend Live Oak School. Ms. DeMello stated that if the neighborhood must live with Live Oak School, she suggests the following: (1) total enrollment should be no more than 250 students; and (2) noting that the school only needs ten acres out of the 40 acres that it was required to purchase from the Bureau of Land Management (BLM), she suggested that SCOE deed the unused property back to the City of Redding to be used as a permanent buffer zone. She pointed out that this neighborhood was not the only one considered for Live Oak School, and none of the other neighborhoods wanted the school either. Ed Koss, 1439 Calexico, agreed that all students need an education; but, he asked Council to understand the neighborhood's concerns. Noting that even "normal" kids create problems, he asked what kind of problems the neighborhood will face when "troubled" kids are in the neighborhood. Mr. Koss noted that the school will cause traffic problems and he suggested traffic lights to ease the problem. He objected to bringing the school into the neighborhood. In response to Council Member Dahl's question about traffic concerns, Mr. Perry said the Planning Commission required that a left turn be established at Oasis Road at the access point of the school. In the long term, there will probably be a traffic signal at Lake Boulevard and Keswick Dam Road, and at Oasis Road and Lake Boulevard. However, this project alone will probably not generate enough traffic to warrant it. Mr. Perry conveyed that, at one time, the City considered acquiring property from BLM to the north of Oasis Road. Part of the obligation of acquisition was to develop City-owned property on the south side of Oasis Road. A trail system through the area and development of a neighborhood park was considered, but there have been no commitments. He said SCOE would have to speak to the issue of deeding property to the City. Mr. Perry added that the use permit would have to be amended in order for SCOE to do any more to the property than is already approved. Warren Harris, 1428 Greenback, said this type of facility does not belong in any neighborhood, and it is better adapted to a non-residential area. He said he does not want these type of kids in the neighborhood, and he explained that his three school-age children catch the bus on the street near where the access to the school will be. He asked if Council would like this type of facility near their homes. Council Member Dahl asked Ms. Gates to address deeding excess property to the City. Ms. Gates said the property has extensive land, especially at the southern end, to buffer the school. She indicated that the property at the south end would be considered a buffer area that will not be built upon. Council Member Moss asked Ms. Gates to address Ms. DeMello's suggestion about placing a cap on the number of students attending the school. He asked if there is a number of students that the school will not go beyond. 15 12/04/90 Ms. Gates conveyed that there are approximately 200 students now enrolled at Live Oak School, and SCOE is not looking at expanding the enrollment to much more than what is currently there. Ms. Gates explained that the school is very viable with the present population; and if the enrollment grows, the school would not be viable. She indicated that if enrollment went over 300 students, SCOE would have a dialogue with high schools to expand the facility onto their campuses. Council Member Moss asked if students are bussed to Live Oak School. Ms. Gates explained that all students are bussed unless they live within the area, and then they are allowed to walk to school. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Moss discussed the excess area on the property; and noted that if SCOE did dedicate the excess property, it may alleviate some concern. Noting that the City receives many complaints and inquiries about why current park sites are not being improved, Council Member Arness expressed concern about the City standing in the position of what might look like offering to build a park as a mitigation for this project. City Attorney Hays reiterated that the Use Permit restricts SCOE to the plot plan submitted to the Planning Commission. An amendment would have to be approved before SCOE could expand. MOTION: Made by Council Member Fulton, seconded by Council Member Arness, that Council make the following findings regarding Use Permit Application UP- 82-90: 1. 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 August 29, 1990; deny the appeal of Use Permit UP-82-90; and find and declare that, in accordance with Section 18.70.050 of the Redding Municipal Code, the use permit, with the conditions as recommended, will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area nor will it be detrimental or injurious to property and that the permit be granted subject to the conditions of Use Permit UP-82-90. The Vote: Unanimous Ayes. PUBLIC HEARING - re Landscape Maintenance District No. 14, Quail Ridge Subdivision, Units 4 and 5 (A-170-075-014) The hour of 7:00 p.m. having arrived, Vice Mayor Dahl opened the public hearing re Landscape Maintenance District No. 14. 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 November 26, 1990 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry recalled that Council undertook steps to formulate a landscape maintenance district for landscaping improvements being installed in conjunction with development of the Quail Ridge Subdivision, Units 4 and 5. Mr. Perry recalled that the Engineer's Report proposes a $68.34 per lot per year assessment. It is the recommendation of staff that Council adopt the resolution levying the assessment. Vice Mayor Dahl determined that there were no comments from the floor. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes 16 12/04/90 17 12/04/90 MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-595 be adopted, a resolution of the City Council of the City of Redding levying an assessment on City of Redding Landscape Maintenance District No. 14 in the amount of $68.34 per lot per year for fiscal year 1991/92. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-595 is on file in the office of the City Clerk. PUBLIC HEARING - re Landscape Maintenance District No. 15 for Oak Mesa Estates Subdivision, Unit 2 (A-170-075-015) The hour of 7:00 p.m. having arrived, Vice Mayor Dahl opened the public hearing re Landscape Maintenance District No. 15. 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 November 26, 1990 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry recalled that Council undertook steps to formulate a landscape maintenance district for landscaping improvements being installed in conjunction with development of the Oak Mesa Estates Subdivision, Unit 2. Mr. Perry recalled that the Engineer's Report proposes a $59.59 per lot per year assessment. It is the recommendation of staff that Council adopt the resolution levying the assessment. Vice Mayor Dahl determined that there were no comments from the floor. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that Resolution No. 90-596 be adopted, a resolution of the City Council of the City of Redding levying an assessment on City of Redding Landscape Maintenance District No. 15 in the amount of $59.59 per lot per year for fiscal year 1991- 92. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-596 is on file in the office of the City Clerk. ORDINANCE NO. 1945 - Rezoning Application RZ-18-90, by City of Redding (West of and adjacent to the Elks Club along the north bank of the Sacramento River) (L-010-230) MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that the full reading of Ordinance No. 1945 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Ordinance No. 1945 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-18-90). Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Ordinance No. 1945 is on file in the office of the City Clerk. 18 12/04/90 RESOLUTION - Joint Powers Agreement re Consolidated Dispatch Agency (C-175-825-100) City Manager Christofferson conveyed that considerable effort has gone into developing a Joint Powers Agency responsible for consolidating dispatch for the County of Shasta, City of Anderson, and City of Redding. Mr. Christofferson stated that a draft agreement has been produced that appears to cover the needs of all three agencies and holds the prospect for providing a higher level of service to all the citizens of Shasta County. It is the recommendation of the City Manager that the Joint Powers Agreement be approved. Stating that Council Members Moss and Fulton represented the City on the organizing committee, he noted that the Council Members may like to comment. Council Member Moss conveyed that the committee accomplished a lot and the agreement has the support of the fire and police departments. He added that the acquisition of property to house the joint dispatch center is underway. Council Member Fulton indicated that the agreement represents a lot of hard work by Emergency 9-1-1 Coordinator Shelton Enochs. He noted that the joint powers agreement gives the agencies an equal footing. Council Member Fulton said that sometimes joint powers agencies have a little more power than desired, and it is worthwhile to keep a close eye on it. He added that, although consolidated dispatch will cost the City more in the short run, it will be much more efficient in the long run. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-597 be adopted, a resolution of the City Council of the City of Redding approving entering into a "Shasta Area Safety Communications Agency Joint Powers Agreement" by and among the County of Shasta, City of Redding, and City of Anderson, and authorizing the Mayor to execute all necessary documentation in connection therewith. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-597 is on file in the office of the City Clerk. CANCELLATION OF CITY COUNCIL MEETING - December 18, 1990 (A-050-060) City Manager Christofferson conveyed that several Council Members have indicated that the December 18, 1990, Council meeting may be canceled. Mr. Christofferson asked Council for direction. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, to cancel the City Council meeting of December 18, 1990. The Vote: Unanimous Ayes ORDINANCES - Title 18, Municipal Code re "Signs" (L-010-500-050 & C-110-100) Principal Planner King recalled that at the meeting of November 20, 1990, City Council approved the concept of a new sign ordinance and authorized the City Attorney to prepare an ordinance for formal consideration. It is the recommendation of staff to ratify the negative declaration and adopt the new sign ordinance. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Council make the following findings regarding the Sign Ordinance: 1. 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 Planning Commission on November 13, 1990. The Vote: Unanimous Ayes. Council Member Arness offered Ordinance No. 1946 for first reading, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by deleting reference to "Signs" in various sections of Title 18, Zoning, as set forth below. 19 12/04/90 20 12/04/90 Council Member Arness offered Ordinance No. 1947 for first reading, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by (1) deleting Section 16.32 pertaining to Signs; and (2) adding a new Chapter 18.90 pertaining to Signs. RESOLUTION - Council Policy re Eminent Domain for Acquiring Right-of-Way for Subdivisions (A-050-060-555 & C-070-010) Planning and Community Development Director Perry recalled that Council directed staff to draft a policy to deal with the requirement under State law that a City cannot refuse to record a final or parcel map if the subdivider has not met requirements for acquisition and improvement of off-site right-of- way. The statute also requires the City to commence eminent domain proceedings within 120 days of recording the final map to acquire the off-site right-of-way or forego the identified improvement. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-598 be adopted, a resolution of the City Council of the City of Redding establishing and adopting a policy regarding eminent domain for off-site streets to provide access to subdivisions. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-598 is on file in the office of the City Clerk. TENTATIVE SUBDIVISION MAP S-41-90 - Country Heights, Units 9 and 10, by Paul Edgren (S-100-S-100-108) Council was advised that the Planning Commission has granted permission to subdivide 80 acres into 84 single-family lots, located north of Canyon Creek Road, described as Tentative Subdivision Map S-41-90. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. RESOLUTION - Shasta Metro Enterprise Zone (E-050-300 & L-010-075) Planning and Community Development Director Perry conveyed that five firms responded to the Request for Proposal for the preparation of an Environmental Impact Report (EIR) for the Shasta Metro Enterprise Zone. Mr. Perry stated that the interview panel unanimously chose Earth Metrics, Incorporated, as the most qualified firm to prepare the EIR. It is also the recommendation of staff to award a contract to Earth Metrics, Inc., in the amount of $39,600. MOTION: Made by Council Member Moss, seconded by Council Member Arness, that Resolution No. 90-599 be adopted, a resolution of the City Council of the City of Redding approving the Earth Metrics, Incorporated, Agreement for the preparation of an Environmental Impact Report for the Shasta Metro Enterprise Zone, and authorizing the Mayor to sign said Agreement. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-599 is on file in the office of the City Clerk. RESOLUTION - Annexation Proceedings for Annexation 90-15, Tierra Oaks RESOLUTION - Agreement for Provision of Sewer Service * (A-150-237 & W-020-500) Council Member Moss stated that he will abstain from discussing or voting on this issue. Planning and Community Development Director Perry recalled that Annexation 90- 15, Tierra Oaks, was referred to departments for comments and the Board of Administrative Review for an environmental determination. The annexation has been expanded to approximately 720 acres, and 79% of the land value and 57% of 21 12/04/90 the registered voters have signed in favor of the annexation. Mr. Perry relayed that the County has approved a tentative map for the 514 acre Tierra Oaks Planned Development which permits 191 single-family units in conjunction with an 18-hole golf course. The developer of the Tierra Oaks property has requested an annexation agreement that would allow sewer service to the property before annexation. The Bella Vista Water District has agreed to serve water to the area, and the County's general plan for the area is "Suburban Residential," which permits up to 3.0 units per acre. Mr. Perry recommended that the annexation request be approved subject to an Annexation Agreement, based on the assumption that tax exchange agreements will be worked out and LAFCO would approve the annexation. Council Member Arness expressed hope that when the area is functionally annexed, the Electric Department does not have to buy the electric system and the system is up to City standards. City Attorney Hays noted that what Council Member Arness is addressing is that there is a way that the electric system can be built, the developer would retain ownership, and PG&E would be the serving utility until such time as the area is annexed. At that time, PG&E would discontinue service, the City would begin service, and the developer would give the system to the City. He noted that Engineering Manager Russell has worked such a solution out with another subdivision. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Council make the following findings regarding Annexation 90-15: 1. 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 November 28, 1990. The Vote: Unanimous Ayes with Council Member Moss abstaining. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Resolution No. 90-600 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. 90-15 (Tierra Oaks). Voting was as follows: Ayes: Council Members - Arness, Fulton, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Abstain: Council Members - Moss Resolution No. 90-600 is on file in the office of the City Clerk. MOTION: Made by Council Member Arness, seconded by Council Member Fulton, that Resolution No. 90-601 be adopted, a resolution of the City Council of the City of Redding approving the Annexation and Development Agreement entered into between the City of Redding and Harrel Davis and Louise Davis and authorizing the Vice Mayor to sign same. Voting was as follows: Ayes: Council Members - Arness, Fulton, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Abstain: Council Members - Moss Resolution No. 90-601 is on file in the office of the City Clerk. INTERIM STREAM PROTECTION MEASURES - City Policy (A-050-060-555 & R-200-600) Assistant Planner Manuel recalled that Council offered its support for the California Department of Fish and Game's (DFG) Waterway Corridor Protection Program. He noted that DFG states that it will be approximately eight to twelve months before the program is complete; and during that time, Council requested that interim guidelines be adopted for the protection of waterways. 22 12/04/90 23 12/04/90 Mr. Manuel stated that staff and the Planning Commission recommend a two- tiered approach to stream protection. Additional information will be required on tentative subdivision maps upfront. All streams and corridors, as well as riparian vegetation, will have to be clearly delineated on each map, and additional information will be required regarding slopes and slope characteristics pertaining to erosion. Preliminary grading information will be required and the measure will go much further with soils information. Mr. Manuel said the second facet is related to design. A 50-foot minimum setback from identified riparian areas will be required; however, this is subject to either an increase or decrease upon the recommendation of DFG or other agencies. He explained that the ultimate decision is made by the Planning Commission or Council. The concept of a filter strip is introduced; and pertaining to steep slopes, it is intended to prevent development from occurring where sedimentation may be carried down to riparian areas and prevent run-off from contaminated lots. Mr. Manuel said the third most important facet is phasing plans in subdivisions. The City will look at phasing plans in an effort to reduce the amount of bare dirt and limit construction to the areas that can be developed within a given year. He said these decisions will be made by the Planning Commission or Council. Council Member Arness pointed out that Council has indicated to the development community and engineers that staff is looking immediately at grading operations which have been approved or may be approved within the next few months. He noted that recent subdivision plans have reflected meetings with DFG, and developers have compromised on projects and programs to get closer to DFG's intent. However, Council Member Arness pointed out that when numbers start to appear, they become inflexible. Because staff is working with DFG, Water Quality, etc., and because engineers and developers understand Council's attitude about erosion control and protection of riparian habitat, the measures are unnecessary. Council Member Moss stated that he has been very encouraged by what is going on. He pointed out that DFG is very involved and helpful, and the development community has responded to Council's concerns. He noted that the interim measures are more a statement of intention than a codification of the Code. Council Member Moss said he is ready to support the measures. He pointed out that it will alert the development community that new policies are in effect and must be discussed ahead of time. John Sharrah, Sharrah, Dunlap & Associates, said he is an engineer working with the development community. He indicated that the message is very clear within the development community that stricter standards are in effect, and the Public Works Department has conveyed what is expected by the Council. He stated that these measures can be handled without further ordinance; and if not, perhaps then an ordinance would be in order. Dave Huber stated that he is a local developer. Mr. Huber pointed out that there has been a great awakening within the development community within the last two months. Speaking as a developer, Mr. Huber pointed out that there are things in the proposal that ties the developer's hands. He explained that a lot of money will be spent preparing grading plans before a tentative map is approved, and this will eliminate a lot of people from developing a subdivision. Mr. Huber said he believes in cooperation, and communication is very important. He objected to being told how many lots can be developed at any one time based on how fast those lots can be used. He added that there is a reason why a developer has to develop a certain number of lots, and he explained that he developed 108 lots at one time in order to help pay for off- site improvement costs. He said there are many additional expenses and reasons why lots are developed other than market demand. Mr. Huber said he hoped that communication will continue. Council Member Moss said that Council is not really pinpointing anything, this is a statement of policy. He explained that these are temporary policies; and while an ordinance may be codified, that ordinance has not been written yet. Council Member Arness pointed out that Council has supported affordable housing, and he noted that the economy of scale must be considered. Stating that someone not familiar with grading could say "that's enough" when it was 24 12/04/90 not appropriate, he said Council must be careful that people who are not familiar with the problems of construction are not making those decisions which may create additional costs and interfere with low-cost housing. Council Member Arness said he would rather depend on the engineer, developer, and the contractor to show Council they can do it, rather than Council telling them how to do it because he is more interested in performance than procedure. Council Member Moss asked how long it will be before the new grading ordinance is considered by Council. Mr. Galusha stated that staff will bring it before Council within the next two or three months. He explained that the Churn Creek Task Force subcommittee will also be making specific recommendations for consideration. Vice Mayor Dahl said there is a clear indication that Council wants interim stream protection measures. He said staff did a good job on the measures. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, directing the City Attorney to prepare a resolution adopting a Council policy pertaining to interim stream protection measures. The Vote: Unanimous Ayes Mr. Galusha indicated that staff will seek the input of engineers and contractors on the proposed grading ordinance before bringing it to the Planning Commission and Council. FISH AND GAME FEES (S-050-230) Planning and Community Development Director Perry reported that a new assembly bill (AB3158) effective January 1, 1991, establishes fees for the Department of Fish and Game based on the City's environmental review process. Mr. Perry stated that filing fees, handled by the County Clerk, will be established as follows: a project issued a negative declaration will require a $1,250 filing fee; a project subject to an environmental impact report will require a $850 filing fee; projects categorically exempt under CEQA are exempt from payment; and the County Clerk may charge a $25 handling charge. Mr. Perry added that the City will have to pay a fee for certain projects and the private sector will also be subject to fees when applying for permits. Mr. Perry stated that this is an information item and no action is necessary at this time. In response to Council Member Dahl's question, Mr. Perry stated that the only action Shasta County has taken to date is to authorize the County Clerk to collect a handling charge for administrating the fees. Council Member Moss noted that no other agency has suffered the monetary problems that the Department of Fish and Game has, and a solution to the funding problem had to be found. ORDINANCE - Rezoning Application RZ-11-88, by Stoney Ridge Partners (3597 Eureka Way) (L-010-230) Planning and Community Development Director Perry recalled that Council conceptually approved rezoning property at 3597 Eureka Way from "U" Unclassified District to "CO-B40-F" Office District and "U-F" Unclassified District. An ordinance was submitted for consideration. Council Member Fulton offered Ordinance No. 1948 for first reading, 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-11-88). USE PERMIT APPLICATION UP-106-90 - by City of Redding (L-010-390) Planning and Community Development Director Perry conveyed that the Planning Commission approved a use permit for the City to construct a corporation yard on property located on the southeast corner of Viking Way and Abernathy Lane subject to conditions. Mr. Perry submitted the Conditions of Use Permit UP- 25 12/04/90 106-90 and conveyed that in January, a design contract will be submitted to Council for consideration. This was an information item and no action was taken. ALLIANCE OF REDDING MUSEUMS (C-050-450) Community Services Director Gorman stated that Larry Hopson, Project Coordinator for the Alliance of Redding Museums, requested that Council formally set aside properties necessary to the design and development of the Redding Museum Park be set aside at Turtle Bay and Benton Ranch. Mr. Gorman conveyed that staff, Mr. Hopson, the Tourism and Convention Commission, and others developed a convention center expansion conceptual plan that would permit development of some museums on the Turtle Bay site. He added that Mr. Hopson incorporated this plan into a conceptual plan for Turtle Bay/Benton Ranch and submitted it to Council on December 1, 1990. He explained that staff has not had sufficient time to review Mr. Hopson's combined plan with the Tourism and Convention Commission. It is the recommendation of Mr. Gorman that the matter be referred to the Tourism and Convention Commission, the Recreation and Parks Commission, the Planning Commission, and to the consultant acting as the City's master planner for review and recommendation; and direct that recommendations be made as expeditiously as possible. Council Member Fulton noted that the conceptual site plan does not show an access from Turtle Bay to Benton Ranch. Mr. Gorman conveyed that a pedestrian foot bridge is indicated at approximately Sulphur Creek. Bill Evanhoe, representative of the Alliance of Redding Museums (ARM), stated that ARM would like to formalize some type of lease or title so ARM can proceed with designing and fundraising for the Museum Park. He noted that it is difficult to proceed with fundraising when there is not a designated site. Mr. Evanhoe referred to the meeting of February 13, 1990, when Council decided to undertake master planning the total site and encouraged the Museums to participate in the process; etc., and he also referred to the Memorandum of Understanding (MOU) between the City and ARM. Mr. Evanhoe conveyed that ARM is trying to proceed with designing and fundraising as stated in the MOU. Mr. Evanhoe said ARM is not trying to establish that particular design concept submitted to Council; but, ARM does want a lease, or something, so ARM can proceed. Council Member Arness noted that he has been associated with ARM, and he is very impressed with what the private sector is doing. He expressed support for ARM's request. He recognized the concerns of Mr. Gorman and City Manager Christofferson; however, he stated that Council should formalize this action so ARM can proceed with the design process. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to formalize action to set aside real properties for the development of the Redding Museum Park so the Alliance of Redding Museums may proceed with design and fundraising. The Vote: Unanimous Ayes Council Member Fulton noted that the letter is vague. He asked if ARM is requesting a long-term lease, or what. Vice Mayor Dahl noted that ARM is articulating what Council's prior action was. He concurred with Council Member Arness' statements. RESOLUTION - Agreement with IBM re AS/400 Computer System (A-070-090) Information Systems Director Kelley reported that the City's computer System/38, located in the Police Department building, is aging and continued reliability of the disk drives is generating concern. Mr. Kelley said that the System/38 is at maximum capacity and upgrades are not possible because no future enhancements are forthcoming from IBM. Mr. Kelley conveyed that an AS/400 is currently located at City Hall. It is the recommendation of the Information Systems Director that a new AS/400 be lease/purchased for City Hall and the System/38 at the Police Department be 26 12/04/90 replaced with the AS/400 now housed at City Hall. Mr. Kelley stated that the purchase price of a new AS/400 is approximately $126,766 per year for five years. He added that funds planned for upgrading the AS/400 can be applied towards the purchase of the second AS/400. 27 12/04/90 MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 90-602 be adopted, a resolution of the City Council of the City of Redding approving the Installment Payment Agreement dated November 13, 1990, and Financing Agreement prepared November 20, 1990, between the City of Redding and International Business Machines Corporation, Reference Agreement No. G720172, Customer No. 7489602, to replace the System/38 Computer with a newer AS/400 System with expansion capabilities, and authorizing the City Manager to sign all necessary documentation. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - Buffum Resolution No. 90-602 is on file in the office of the City Clerk. COMMISSIONS, BOARDS, AND COMMITTEES (B-080) City Clerk Nichols submitted a list of all appointive terms which will expire during the next calendar years and a list of all boards, commissions, and committees whose members serve at the pleasure of the City Council and the necessary qualifications. This was an information item and no action was required. CLOSED SESSION (L-100 & R-100-550-250) Vice Mayor Dahl stated that Council will adjourn to closed session pursuant to the following California Government Code Sections: (a) Section 54956.9(a) to discuss the status of pending litigation in the case of Nancy J. Tuttle, et al. v. Donald Mark Green, et al.; Shasta County Superior Court Action No. 86244; (b) Section 54956.9(b)(1) to discuss the settlement of a claim for damages filed by Gary Knighten; Claim No. 90-074-510; (c) Section 54956.9(b)(1) to discuss the settlement of a claim for damages filed by Margaretta Parker; Claim No. 90-028-520. At the hour of 9:30 p.m., Council adjourned to closed session. At the hour of 9:45 p.m., Council reconvened to regular session. SETTLEMENT OF CLAIMS (R-100-550-250) MOTION: Made by Council Member Fulton, seconded by Council Member Moss, to settle the claim for damages filed by Gary Knighten, Claim No. 90-074-510; and settle the claim for damages filed by Margaretta Parker, Claim No. 90-028- 520. The Vote: Unanimous Ayes. ROUTINE REPORTS AND COMMUNICATIONS Shasta County Arts Council - Report of Audit (June 30, 1990), Financial Statements, Fiscal Year 1990-91 Budget, activities and coming events (B-080- 465 & C-050-500) Alcoholic Beverage License Applications (A-110-140) Stumpy's Liquor (Morgan, Denise E. & Dennis E.) 2529 Victor Avenue Eureka Way Shell (Glenn T. Robinson, Inc.) 1801 Eureka Way South City Shell (Glenn T. Robinson, Inc.) 4200 Westside Road Good Times Pizza (Davis, Jon Martin & Karen Jean; Hult, Eric K. & Jana Lee) 1647 Hartnell Avenue, Suite A & B 28 12/04/90 ADJOURNMENT There being no further business, at the hour of 9:46 p.m., Vice Mayor Dahl adjourned the meeting. APPROVED: ______________________________________ Vice Mayor Dahl ATTEST: ____________________________________ City Clerk