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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1991-07-021 7/2/91 City Council, Regular Meeting Council Chambers Redding, California July 2, 1991 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Reverend Chad Orton of the Church of the Nazarene. The meeting was called to order by Mayor Dahl with the following Council Members present: Arness, Buffum, Fulton, Moss, and Dahl. 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, Director of Electric Utility Lindley, Chief of Police Blankenship, Fire Chief Bailey, Electric Utility Operations Manager Ryan, Assistant City Attorney Calkins, Director of Finance Downing, Community Services Director Gorman, Director of General Services Masingale, Senior Planner Keaney, Director of Personnel Bristow, Director of Information Systems Kelley, Housing Manager Maurer, Airports Director Ruff, Associate Planner Morgon, Assistant Airports Director Dinger, Assistant City Clerk Strohmayer, Public Information Officer Bachman, City Clerk Nichols, and Secretary to the City Council Moscatello. CORRECTION OF MINUTES - Adjourned Regular Meeting of June 4, 1991 (A-050-060 & P-100) Council Member Buffum requested that the Minutes of the Closed Session on June 4, 1991, be clarified to indicate that she did not attend the Closed Session meeting discussion at 6:30 p.m. She was called into the Closed Session at 7:00 p.m. and was advised of the results of the meeting. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Adjourned Regular Meeting of June 3, 1991 Adjourned Regular Meeting of June 4, 1991 (as amended by Council Member Buffum) Regular Meeting of June 4, 1991 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 24, check numbers 170374 through 170999 inclusive, in the amount of $4,099,133.13, be approved and paid, and Payroll Register No. 26, check numbers 318683 through 319523 inclusive, in the amount of $852,361.21, and Automatic Payroll Deposits in the amount of $203,079.59, for the period June 9, 1991, through June 22, 1991, be approved. TOTAL: $5,154,573.93 Resolution - Fiscal Year 1991-92 Annual Budget (B-130-070) It is the recommendation of the Finance Director that Resolution No. 91-253 be adopted, a resolution of the City Council of the City of Redding adopting and approving budget appropriations for personnel costs, debt service, materials, supplies, contract services, and capital outlay for fiscal year 1991-1992. Resolution - Contract with Auctioneer for Disposal of City Surplus and Obsolete Property (B-050-100-700) It is the recommendation of the Finance Director that Resolution No. 91-254 be adopted, a resolution of the City Council of the City of Redding bypassing the formal bidding process pursuant to Redding Municipal Code Section 4.20.080(A)(4), and authorizing the City Manager to negotiate and sign a three-year contract with Epperson Brothers Auction for the disposal of City surplus and obsolete property. Resolution Setting Public Hearing - Landscape Maintenance District No. 18, Almaden Estates, Units 1 and 2 (A-170-075-018) 2 7/2/91 It is the recommendation of the Planning Director that the Engineer's Report for Landscape Maintenance District No. 18, Almaden Estates, Units 1 and 2, be approved and Resolution No. 91-255 be adopted, a resolution of the City Council of the City of Redding ordering formation of territory into a Landscape Maintenance Assessment District, to be known as Landscape Maintenance District No. 18, and authorizing proceedings for the levy and collection of assessments therein pursuant to the Landscaping and Lighting Act of 1972, and set a public hearing for consideration of levying fees for fiscal year 1991-92 at 7:00 p.m., July 16, 1991. Annexation 91-2 - Rancho Road II (A-150-242) It is the recommendation of the Planning Director that Annexation 91-2, Rancho Road II, be referred to Departments for review and comment, and to the Board of Administrative Review for an environmental determination. Resolution - Cooperation Agreement with Redding Redevelopment Agency (R-030-060) It is the recommendation of the Planning Director that Resolution No. 91-256 be adopted, a resolution of the City Council of the City of Redding authorizing the extension of the Cooperation Agreement with the Redding Redevelopment Agency through June 30, 1992. Set Public Hearing - General Plan Text Amendment GPA-7-91, by the City of Redding (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., August 6, 1991, to consider GPA-7-91, a request to modify the text of the existing Redding General Plan to include the land use classifications of "0.2 units per acre" and "Light Industry." Set Public Hearing - General Plan Amendment Application GPA-8-91, by the City of Redding (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., August 6, 1991, to consider GPA-8-91, a request to add a classification to the text of the General Plan Recreation Element for Softball Parks, and to also incorporate into the text a conceptual plan for the proposed Redding Softball Park. Annexation 91-4 - Keswick Dam Road Area (A-150-244) It is the recommendation of the Planning Director that Annexation 91-4, Keswick Dam Road 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 Setting Public Hearing - Abandonment Application A-4-91, by Enterprise Realty (A-010-100) It is the recommendation of the Planning Director that Resolution No. 91-257 be adopted, a resolution of the City Council of the City of Redding declaring its intention to abandon a 33 foot by 300 foot section of the Twin View Boulevard right-of-way adjacent to 955 Twin View Boulevard (on the east side of Twin View Boulevard between State Highway 273 and Interstate 5) (A-4-91), and set a public hearing for 7:00 p.m., August 6, 1991. Set Public Hearing - Appeal of Conditions of Approval by Shasta Enterprises re Clearing Permit GP-90-122 at 5492 Airport Road (A-070-055) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., August 6, 1991, to consider an Appeal of Conditions of Approval by Shasta Enterprises regarding Clearing Permit GP-90-122 at 5492 Airport Road. Waiver of Insurance Requirements - Redding Umpires Association (R-100-400) It is the recommendation of the Risk Manager that the liability and workers' compensation insurance requirements for the Redding Umpires Association be 3 7/2/91 waived to allow them to provide officials for the City's youth softball program. Resolution - Miscellaneous Employee Benefit Policies (P-100-050-100 & P-100-260 & P-100-120) It is the recommendation of the Personnel Director that Resolution No. 91-258 be adopted, a resolution of the City Council of the City of Redding (1) rescinding resolution No. 91-220 effective midnight, July 6, 1991, and (2) establishing new miscellaneous employee benefit policies, shift differential for night operators and establishment of a negative sick leave balance account procedure, for unrepresented employees not covered by a Memorandum of Understanding, effective July 7, 1991. Resolution - Sublease by Sierra Pacific Industries to Bill Woods (C-070-100 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 91-259 be adopted, a resolution of the City Council of the City Redding approving the Subtenancy Agreement between the City of Redding, Sierra Pacific Industries and Bill Woods; and the Sublease Agreement between Sierra Pacific Industries and Bill Woods; at Redding Municipal Airport and authorizing the Mayor to sign the Subtenancy Agreement. West Central Landfill Surplus Equipment (B-050-100-700) It is the recommendation of the General Services Director that staff be authorized to sell the surplus equipment from West Central Landfill to the highest bidder at auction, with revenues to be used to extinguish existing debt and/or offset the cost of new equipment. Award of Bid - Bid Schedule No. 2358, Communication Equipment (B-050-100 & C-175-750) It is the recommendation of the General Services Director that Bid Schedule No. 2358, communication equipment, be awarded to the low bidder, Motorola Communications, in the amount of $13,469.27 and approve equipment installation costs in the amount of $900.00, FCC licensing in the amount of $400.00, two months site rental in the amount of $325.00, and two months equipment maintenance in the amount of $225.00. On February 5, 1991, Council authorized the use of $15,320.00 in drug asset seizure funds to establish a new law enforcement interagency radio channel. Agencies involved in the system, Shasta County Sheriff's Office, City of Anderson Police Department, and Shasta County Marshal's Office, will reimburse the City in the amount of $3,830 each and will equally share ongoing maintenance and site rental costs. Resolution - Document Destruction (A-050-055-750) It is the recommendation of the City Clerk that Resolution No. 91-260 be adopted, a resolution of the City Council of the City of Redding authorizing the destruction of certain records. Set Public Hearing - Limousine Owner's Permit, Landon D. Leffler, dba Airport Bus/Personalized Limousine Service (T-100-150) It is the recommendation of the City Clerk that a public hearing be set for 7:00 p.m., July 16, 1991, to determine public convenience and necessity for a Limousine Owner's Permit by Landon D. Leffler, dba Airport Bus/Personalized Limousine Service. Notice of Completion - Bid Schedule No. 2407, Sacramento River Trail, Phase 9 (B-050-020 & P-050-460-700) It is the recommendation of the Public Works Director that Bid Schedule No. 2407 (Job No. 9929), Sacramento River Trail, Phase 9, awarded to Dawson Excavating, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $156,750.10. Resolution - Summary Vacation of Portions of Open Space Easement, Country Heights Subdivision, Unit 5 (A-010-040 & S-100-108) It is the recommendation of the Public Works Director that Resolution No. 91- 261 be adopted, a resolution of the City Council of the City of Redding 4 7/2/91 summarily vacating portions of open space easement dedicated to the City with the recording of Country Heights Estates Subdivision No. S-11-87, Unit 5. Resolution - Summary Vacation of a Portion of Utility Easement, Ridgecrest Condominiums, Unit 2 (A-010-040 & S-100-633) It is the recommendation of the Public Works Director that Resolution No. 91- 262 be adopted, a resolution of the City Council of the City of Redding summarily vacating a portion of a 15 foot utility easement of record per 1195 O.R. 171 as shown on the final map of the Ridgecrest Unit 2 Condominium Subdivision No. S-7-89. Resolution - Appreciation to Shasta Branch of American Society of Civil Engineers re Construction of Sulphur Creek Bridge - Sacramento River Trail (P-050-460-700) It is the recommendation of the Public Works Director that Resolution No. 91- 263 be adopted, a resolution of the City Council of the City of Redding honoring the Shasta Branch of the American Society of Civil Engineers for their contribution to the enhancement of the Sacramento River Trail. Notice of Completion - Bid Schedule No. 2394, Fifteen Place Aircraft Shelter and Ten Place T-Hangar Construction (B-050-020 & A-090-020) It is the recommendation of the Public Works Director that Bid Schedule No. 2394 (Job Nos. 9121 and 9122), Fifteen Place Aircraft Shelter and Ten Place T- Hangar Construction, awarded to Van Dyke Construction, Inc., be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. Total final contract price is $360,685.27. Resolution - Summary Vacation of Public Service/Emergency Access Easement, Paris Park Planned Development (A-010-040 & L-010-210-573) It is the recommendation of the Public Works Director that Resolution No. 91- 264 be adopted, a resolution of the City Council of the City of Redding summarily vacating a 20 foot public service easement/emergency access road shown on lots 37 and 38 of Paris Park Planned Development PD-4-87. Resolution - Bureau of Land Management (BLM) Right-of-Way Grant for Buckeye Water Storage Reservoir (W-030-450) It is the recommendation of the Public Works Director that Resolution No. 91- 265 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Right-of-Way Grant/Temporary Use Permit (serial number CA 27604), between the City of Redding and the United States Department of the Interior, Bureau of Land Management, expiring December 31, 2040, for the construction, operation, maintenance, and termination of a water storage tank, access road, and water pipeline for the Buckeye Water Storage Reservoir. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Resolution Nos. 91-253, 91-254, 91-255, 91-256, 91-257, 91-258, 91-259, 91- 260, 91-261, 91-262, 91-263, 91-264, and 91-265 are on file in the office of the City Clerk. UTILITY USER TAX (T-010) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing regarding the Utility User Tax. The following documents are on file in the office of the City Clerk. Notice of Public Hearing City Manager Recommendation dated June 27, 1991 5 7/2/91 City Clerk Nichols advised that protests were received. City Manager Christofferson recalled that the draft utility user tax was offered for first reading at the City Council meeting of June 18, 1991. It is an enabling ordinance, and it would be implemented by resolution. Mr. Christofferson noted that the purpose of this hearing is to provide the public with an opportunity for input. Mr. Christofferson noted that information relating to the ordinance was printed in the newspaper, notices of public hearing were published in the newspaper, and information has been on the radio and television. A question and answer sheet on the utility user tax was submitted to Council, and Mr. Christofferson stated that more information will be added to that based on the information brought forth tonight. The Question and Answer Sheet on the Utility User Tax attached to the Report to City Council dated June 27, 1991, is incorporated herein by reference. A memo dated July 2, 1991, titled "Update on Fiscal Situation relative to potential for Utility User Tax" was submitted to City Council. The intention of the memo is to give Council an updated picture on the situation in Sacramento relating to the State budget. The State's fiscal situation has not improved, and additional revenues sources could be lost by the City. Terry Dillon, General Manager of Viacom Cablevision, emphasized that Viacom is an entertainment business, not a utility; and it is not governed by the Public Utilities Commission (PUC). Viacom is concerned about the utility user tax being implemented at the State and local levels. The Viacom bill could increase by $5 to $7 on a monthly basis, and an estimated several hundred customers could be lost this year. Mr. Dillon pointed out that Cable customers already pay a 5% franchise fee. He asked Council to take this into consideration, and he suggested that if the City were to assess a 7% utility tax, Cable customers only be assessed 2% more. Mr. Dillon asked if Viacom would be asked to disconnect a customer if their utility tax were in arrears or if a consumer refused to pay that portion of the utility tax. He said the resolution should address that problem. Mr. Dillon opined that the public has not been given adequate notice about this tax. Council Member Buffum asked Mr. Dillon if there is a possibility that three utility user taxes (State, County, and City) will be established. Mr. Dillon noted that the State is considering a 2% across the board utility user tax. Noting that Viacom enacted a senior citizen discount late last year, he asked Council to take the needs of senior citizens into consideration. Mayor Buffum asked Mr. Dillon if he believes the public has been adequately noticed. Mr. Dillon said based on the lack of response tonight, no. He pointed out that when other local agencies held public hearings on a utility user tax, a large crowd turned out. Noting that Mr. Dillon estimated the Viacom bill would increase by $5 to $7, Mayor Dahl asked how that figure was determined. Mr. Dillon said the average ratepayer's bill is $26.58, so the City's utility tax would be a little over one dollar; however, with the State excise tax, possessory interest tax, and other taxes being implemented, it will be more. Mayor Dahl stated that the public should be properly informed that the City's utility user tax will not increase the ratepayer's bill by $5 to $7 per month. He pointed out that if Federal, State, or local governments impose a fee, it makes it much more difficult for Viacom to raise its rates. Mayor Dahl asked how Viacom deals with delinquent bills now. Mr. Dillon conveyed that if a customer's account is delinquent for over 90 days, it goes to a collection agency. He expressed his concern that customers may refuse to pay that portion of their bill that is the utility user tax. Pointing out that Viacom collects taxes now, Mayor Dahl asked what the difference is with a utility user tax. Mr. Dillon indicated that taxes are 6 7/2/91 not a line item on the bill; however, this tax, as well as the franchise fee, will be a line item, so customers can see what part of their bill is Cable and what part is tax. Council Member Moss pointed out that a business that collects sales tax is obligated to pay that tax to the State whether that money is collected or not. This is the same concept. Brad Brown, Chestnut Street, said he takes exception to the utility user tax. He explained that he works with nonprofit groups, and he sees people who are in tenuous financial conditions, and they tend to not have energy efficient homes. Noting that Council Member Fulton mentioned a sliding rate, he conveyed that the tax will hit the hardest those people who can least afford it. He suggested that Council talk to the people in the Electric Utility Customer Service department because they have insight into more than just facts and figures. Mayor Dahl asked what his concept of a lifeline rate is. Mr. Brown noted that a sales tax would be better. He said the City has done its job noticing the public. The media has brought attention to the matter and people who are aware of government operation know about it. Dave Hildreth, 2022 Charade Way, said he is aware that the State, counties, and cities are having budget problems. However, he has a problem talking about a utility user tax when City residents turned down a tax for the library two years ago. Mr. Hildreth said he does not have information about the City's budget and he does not know where funds are lacking. He pointed out that sewer, water, and electric rates have increased in the past year, and planning fees and impact fees have been implemented. He said he would not have a problem if the tax funds were going for specific purposes, such as capital improvements. Mr. Hildreth stated that there has not been enough public input on this matter. Council Member Moss explained that revenue from a utility user tax cannot be dedicated. The revenue must go into the general fund and it can be used for any general fund activity. He explained that he was concerned about the list of unfunded projects after Council adopted the 1991-92 budget. The City should take an aggressive stance and support the library, new City facilities are needed, and over $100 million in traffic projects must be addressed within the next ten years. Jerry Cruise, 1165 Pineland Drive, said he is a senior citizen and a part of a segment of society who pay their taxes and are not a burden on the Police Department or a burden to anybody. Mr. Cruise said senior citizens are shoved up against the wall by percentage taxes. Mr. Cruise suggested that the tax not be a percentage, but a certain rate be taxed. For example, a fixed tax rate would be placed on the amount of water used. Mr. Cruise stated that more input is needed, and citizens are not being told enough. Dave Gibson, 2352 Candlewood Drive, Executive Director of the Greater Redding Chamber of Commerce, asked Council to defer making a decision on the utility user tax at this time and allow the Chamber of Commerce the opportunity to take a closer look at how the utility tax will affect the business community. Brian Stewart, 10554 High Street, Shasta, stated that he does not live in Redding and the tax will not directly affect him. However, he shops in Redding and the cost to retailers to pay the utility tax will be passed on to him. Mr. Stewart noted that the majority of people in Redding probably do not understand that 5% of Viacom's revenues are paid to the City. The franchise fee of 5%, plus the local access fee of 1%, along with a 7% utility user tax totals 13%. A 2% increase would be more realistic. MOTION: Made by Council Member Moss, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes Council Member Moss asked how many times this issue has been in the newspaper. He noted that there has been considerable discussion on the radio and on Open Line. 7 7/2/91 City Manger Christofferson stated that the public notice appeared on June 28, June 29, and July 1, and the Record Searchlight printed an editorial pertaining to this matter. Council Member Buffum stated that the request from the Chamber of Commerce makes a good point. She also pointed out that many people are on vacation at this time of year; and thus, many taxpayers are not aware of this. She said Council should not make a decision tonight. Council Member Moss asked if the Chamber of Commerce could respond within one week. He suggested that Council consider the utility user tax at an adjourned meeting on July 9. Mr. Gibson stated that the Chamber of Commerce will be able to respond by July 9. Council Member Fulton stated that he does not feel the urgency. Council should discuss this matter further and consider alternative sources of revenue. The business community cannot gather the information between now and next Tuesday; thus, it would make more sense to wait several months to allow ample time for discussion. Council Member Fulton said it hurts the taxpayer the most, and it is not the answer to our problem. The tax might raise $4 million a year; however, that is not enough to finance all the needed improvements. He questioned how all the improvements and acquisitions Council is approving can be funded. He said people may not have been informed because something like this should generate more public interest. Council Member Buffum stated that her views echo Council Member Fulton's. Council Member Arness stated that the City Manager's report was good. Council is being responsible, and considering the uncertainties that are going on at the State level, a utility tax is definitely timely. Council Member Moss said he has talked with the Builders Exchange, the Board of Supervisors, contractors, and retailers about the tax. He opined that the lack of representation tonight is because the community has confidence and sees the need for this. Mayor Dahl stated that an adjourned meeting will give Council the opportunity to dialogue further. He reiterated that the ordinance is enabling legislation, and Council has yet to discuss rates or percentages, lifelines, etc. Council wants to hear from the Chamber of Commerce; and if adequate information is not available at that time, Council can adjourn or discuss it at the next regular meeting. He said there is no advantage to prolonging the issue unless the intent is to kill this. Mayor Buffum noted that when Council Member Moss proposed the ordinance, he said it was to protect the City's right to enact the utility tax before the State took that away. She said she does not hear any of that tonight. Council Member Moss said that is true. He has spoken with many legislators and legislative aides in the past two weeks, and he doubts that in this budget session there will be substantial financial blows other than those the City Manager has outlined. He noted said this is probably just the beginning, and those cities that have a utility tax in place will be better off than those who do not. The City's ability to use a utility user tax will be limited and controlled further. The general fund needs that revenue whether or not the State or County makes an assault on that source of funds. Council Member Buffum clarified that the urgency is not there. Council Member Moss replied affirmatively; however, he stated that he believes that it is necessary to put the tax in place. He stressed that he wants people to have the opportunity to provide input. Council Member Buffum said the community may be behind Council if they are sure Council has heard them. Council Member Buffum asked if Council could promise how the tax will be spent. Mr. Christofferson stated that the tax cannot be dedicated, but Council can be illustrative. 8 7/2/91 MOTION: Made by Council Member Moss, seconded by Council Member Arness, to close the public hearing and consider the utility user tax at an adjourned meeting of July 9, 1991. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - Buffum Absent: Council Members - None PUBLIC HEARING - re Draft Tree Preservation Ordinance (A-050-220-075) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing re the draft Tree Preservation Ordinance. The following document is on file in the office of the City Clerk. Affidavit of Publication - Notice of Public Hearing City Clerk Nichols advised that no protests were received. 9 7/2/91 Planning and Community Development Director Perry stated that the Shasta Tree Committee requested that the public hearing be continued because members of the Tree Committee were unable to attend tonight's meeting. It is recommended that the public hearing be continued to August 6, 1991. Mayor Dahl called for comments from those unable to return to the meeting of August 6. Dave Hildreth, 2022 Charade Way, stated that in all the time he has been monitoring this draft ordinance, he has not seen any figures showing how much this ordinance will cost anybody. He asked how much it will cost developers, homebuilders, or commercial developer before Council decides one way or another. Planning and Community Development Director Perry explained that the cost will depend on what nature or form the ordinance takes. The estimates from the Shasta Builders Exchange stated that if trees are cleared on a per-lot basis, $1000 will be added to the cost of each home. In addition, there is the City's cost in the form of a permit to operate a tree permit program. Mr. Hildreth noted that this figure is probably based on after the roads are in, it does not include the increase in engineering costs to subdivisions. He supports a tree ordinance, but he would like to know what it will cost before it is passed. Mr. Perry said the cost would depend on the size of the development, shape of the property, how many trees are present, the slope and drainage, size of the lot, and density. Mayor Dahl stated that environmental preservation will always cost more than what denuding an area will cost. It is so site specific that it is hard to determine the cost. MOTION: Made by Council Member Arness, seconded by Council Member Buffum, to continue the public hearing regarding the draft Tree Preservation Ordinance to August 6, 1991. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-6-91, by Eagle Homes and Development (Eastern terminus of Saturn Skyway) (G-030-010) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing re General Plan Amendment Application GPA-6-91. 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 June 25, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry reported that the Planning Commission recommended approval to reclassify 115 acres along Clover Creek at the eastern terminus of Saturn Skyway. The developers propose to realign Clover Creek to the east resulting in a 150-foot-wide channel which would contain the 100-year flood event. A drainage basin is proposed in the south end to pass the 100-year flood event through the property to provide no net increase in the flood elevation south of the property. The request seeks to reclassify the area west of the modified channel presently classified as "Residential 2.0 units per acre" to "Residential, 4.0 units per acre." Mr. Perry reviewed the Report to City Council dated June 25, 1991, which is incorporated herein by reference. It is the recommendation of the Commission and staff to approve GPA-6-91 subject to provisions tying density directly to improvements proposed on the property. He explained that the developer must complete studies and receive final permits from the Department of Fish and Game (DFG) for doing work in the area. There are on-site wetlands on the property that must be mitigated. He said the recommendation would allow approximately 380 units on the property. 10 7/2/91 In response to Council Member Arness's questions, Mr. Perry explained that this property was part of an effort by staff to amend the general plan which was subsequently terminated. This property is unique compared to the remainder of the area because there is no natural channel on this property. The DFG recognized this and also recommended that this property proceed with development. Eihnard Diaz, with Sharrah Dunlap & Associate, representing Eagle Homes & Development, referred to the provisions tied to GPA-6-91 and recommended by staff. Mr. Diaz stated that two of the provisions do not allow density credits. He said there is not a problem adhering to the provision limiting the number of units to 380 lots; however, the developer will probably be limited to about 375 lots. Mr. Diaz requested that density credits be received from the detention facility and from the parkway (aka Clover Creek). Mr. Diaz noted that Condition #2 states that no credit will be provided for on-site detention of storm waters. He explained that the detention area (approximately 1.6 acres) is basically part of the parkway system which will include recreational facilities, a trail system, and planted trees. The detention basin will also act as a filter for pollutants. Mr. Diaz pointed out that the recreational facilities will be constructed by the developer and the City will not be responsible for maintenance. He asked Council to eliminate Condition No. 2. Mr. Diaz also asked Council to amend Condition No. 1 which states that any area required to pass a 100-year flood will not accrue density credits. He asked for flexibility and language that will allow developers to come up with solutions and innovative proposals. He suggested that the provision read "in general any area required to pass a 100-year flood unless multi-purpose uses can be demonstrated of benefit to the development in the community." Mr. Diaz also recommended that a fourth provision be added as follows: "the area required to pass a 100-year flood and/or serve as detention shall include provisions for maintenance so that the maintenance of these provisions do not fall upon the City and its general fund, and that the maintenance of these facilities be left up to the developer to propose ways for these facilities to be maintained." Council Member Arness said he can see receiving density credit as long as formation of the maintenance district is so worded that it cannot fall back on the City by a vote of the people if they no longer want to maintain it. He disagreed with the amendment to Condition No. 1 and the idea of being innovative in the 100-year flood plain. He mentioned flooding and how sedimentation could change the character of a channel and pointed out that channel maintenance must not only provide the ability of people to use the area but water to move through the channel. He expressed concern about water exiting to the south and the increase in quantity as a result of development. Mayor Buffum complimented the developers on the plan. Mayor Dahl asked if these issues came up at the Planning Commission. Mr. Perry said some of these issues arose. Regarding the five additional units Mr. Diaz is requesting via density credits, he pointed out that it could be worse than that. It depends on DFG and the amount of vegetation required in the channel. The developer will receive credit for the park at the north end, and they can opt to ask the Recreation and Parks Commission for in-lieu park fee credits if there are any additional improvements in the channel; but asking for density credits is double dipping. Mr. Perry explained that he did not recommend giving credit for the detention basin because it is not being removed from the 100-year flood plain. Council Member Arness noted that parklands do flood now and then. He stated that if the developers are going to maintain the channel, he would not argue against receiving density credits for the detention area, but not for the channel. Mr. Perry explained that there is no provision in the general plan for that because it is not being removed from the 100-year flood plain. Council would have to carve that area out. 11 7/2/91 MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that the public hearing be closed. The Vote: Unanimous Ayes 12 7/2/91 MOTION: Made by Council Member Buffum, seconded by Council Member Moss, that Council make the following findings regarding General Plan Amendment Application GPA-6-91: 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 Redding Planning Commission on June 11, 1991. The Vote: Unanimous Ayes. MOTION: Made by Council Member Buffum, seconded by Council Member Moss, to approve the recommendation of staff and the Planning Commission and approve General Plan Amendment Application GPA-6-91, subject to the provisions of GPA- 6-91, tie density directly to improvements proposed on the property, and direct staff to bring back a resolution to implement GPA-6-91. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Council Member Arness asked for clarification whether this would or would not give credit for the wetlands. Mr. Perry stated that credit is given for the wetlands area which is not part of the channel area, but not for the detention basin. Council Member Arness clarified that the number of units would be in the magnitude of 375. Mr. Perry replied yes. Council Member Moss pointed out that they are haggling over a project that is still going to be reviewed by DFG and could turn out to be altogether different. PUBLIC HEARING - re Landscape Maintenance District No. 21, Vista Ridge Subdivision, Unit 1 (A-170-075-021) The hour of 7:00 p.m. having arrived, Mayor Dahl opened the public hearing re Landscape Maintenance District No. 21. 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 June 25, 1991 City Clerk Nichols advised that no protests were received. Planning and Community Development Director Perry recalled that on June 18, 1991, Council approved the Engineer's Report proposing a $66.76 per lot per year assessment to maintain landscaping improvements in the Vista Ridge Subdivision. It is the recommendation of staff to adopt the resolution levying the assessment. Mayor Dahl determined that there were no persons present who wished to speak to this matter. MOTION: Made by Council Member Fulton, seconded by Council Member Moss, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Moss, seconded by Fulton, that Resolution No. 91-266 be adopted, a resolution of the City Council of the City of Redding levying an assessment on City of Redding Landscape Maintenance District No. 21, Vista Ridge Subdivision, Unit 1, in the amount of $66.76 per lot for fiscal year 1991-92. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-266 is on file in the office of the City Clerk. 13 7/2/91 LEGISLATIVE MATTERS (L-040-300) City Manager Christofferson stated that both Legislative Bulletins 23 and 24 from the League of California Cities are dominated by bills and issues relating to the State budget and financial crisis. Mr. Christofferson submitted a draft letter directed to Senator Thompson and Assemblyman Statham regarding the City's position on several of the more volatile issues and recommended that the Mayor be authorized to sign the letter. Mr. Christofferson conveyed that one of thirteen statewide public hearings will be held in Redding on August 1 pertaining to the Council on Growth Management that would be created by the Governor through issuance of an executive order. Mr. Christofferson indicated that staff has advised the Governor's office that Mayor Dahl will provide testimony at the public hearing. MOTION: Made by Council Member Moss, seconded by Council Member Arness, authorizing the Mayor to send the letter to Senator Thompson and Assemblyman Statham regarding the City's position on several issues pertaining to the State budget. The Vote: Unanimous Ayes AUDIT SERVICES - Comprehensive Annual Financial Report (F-205) Director of Finance Downing stated that the City has an audit of its Comprehensive Annual Financial Report performed annually by an independent certified public accounting firm. It is the recommendation of the Audit Committee and staff that Council authorize staff to solicit competitive proposals for auditing services at this time. Staff will return in August, 1991, with a recommendation for awarding a new auditing services contract. MOTION: Made by Council Member Arness, seconded by Council member Moss, to authorize staff to solicit competitive proposals for auditing services. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-54-90 - Southwood Subdivision, by Western Homex (S-100-705-750) Council was advised that the Planning Commission has granted permission to subdivide 95 acres into 136 single-family lots, located south of Quartz Hill Road and west of the River Ridge Park Subdivision, described as Tentative Subdivision Map S-54-90, by Western Homex. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. PROPERTY ACQUISITION - 2595 Lake Redding Drive (C-070-010) Planning and Community Development Director Perry recalled that on September 6, 1988, City Council directed staff to proceed with acquisition of 2.95 acres located west of the Elks Club with frontage on Lake Redding Drive. The acquisition of the property was seen as an opportunity to acquire riverfront property and provide a future extension of the Sacramento River Trail; however, the property acquisition never occurred. Mr. Perry explained that the property has changed owners and is now owned by Mr. Ivicevich. The owner is processing a tentative subdivision map with seven single-family residential lots which is tentatively scheduled for review by the Planning Commission in August. Mr. Perry said the intent of this report is to inquire if Council wants to acquire the property. He conveyed that the tentative map dedicates a strip of property along the River to extend the trail; however, before Mr. Ivicevich makes a substantial commitment to improvement plans, staff wants to determine Council's interest. Staff discussed a land trade with Mr. Ivicevich, and the basis for a value can now be based on the tentative map. He added that the Director of Recreation and Parks is not interested in using Park Development funds to acquire the property, and staff has not explored the potential for using grant monies. Mr. Perry explained that the property may be useful as a possible exchange of property with the Elks Club to extend the Sacramento River Trail across their property. 14 7/2/91 Council Member Moss said he would like to take a closer look at this, and get a recommendation from the Recreation and Parks Commission. Council Member Fulton indicated he does not want to acquire this property just because it is on the River. The City has always required dedication of property for extending the trail. He asked why the City should buy property it cannot afford. Council Member Arness pointed out that the City can maintain its trail system through the conditioning process; and if the applicant refuses, Council can exercise its option to acquire the property. MOTION: Made by Council Member Moss, seconded by Council Member Buffum, to refer the issue of property acquisition at 2595 Lake Redding Drive to the Recreation and Parks Commission and the River and Waterways Commission for recommendation and direct that this matter be placed on their next agenda so the property owner may receive a timely answer. Voting was as follows: Ayes: Council Members - Arness, Buffum, Moss, and Dahl Noes: Council Members - Fulton Absent: Council Members - None RESOLUTION - Annexation 90-14, Fairway Oaks Mobilehome Estates (A-150-236) Planning and Community Development Director Perry reviewed the events surrounding Annexation 90-14. Mr. Perry recalled that the owners of Fairway Oaks Mobilehome Estates asked for annexation to provide sewer service due to a failing septic system. He explained that the property is outside the City's sphere of influence; however, the Clover Creek Sewer line passes through the property. The annexation has been on hold because of the impasse between the City and County pertaining to property tax exchange agreements. Mr. Perry outlined the options and recommended that staff seek approval of the annexation and a Sphere of Influence amendment. Council Member Arness stated that he supports annexation subject to an Annexation Agreement granting the Aguirres the option of installing sewer- system improvements before annexation. It shows good faith and our interest in the total community. He added that as soon as the plant is operational, they should be allowed to connect. Council Member Moss stated that Council should give the County a chance to review their policy; and determine if, in spite of health hazards, they are going to hang on to their untenable position. MOTION: Made by Council Member Fulton, seconded by Council Member Buffum, that Council make the following findings regarding Annexation 90-14: 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 June 5, 1991. Voting was as follows: Ayes: Council Members - Buffum, Fulton, Moss, and Dahl Noes: Council Members - Arness Absent: Council Members - None MOTION: Made by Council Member Fulton, seconded by Council Member Buffum, that Resolution No. 91-267 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. 90-14 (Fairway Oaks Mobile Home Estates). Voting was as follows: Ayes: Council Members - Buffum, Fulton, Moss, and Dahl Noes: Council Members - Arness Absent: Council Members - None Resolution No. 91-267 is on file in the office of the City Clerk. 15 7/2/91 ANNEXATION 91-5 - Rhonda Lyn Lane Detachment (North of Quartz Hill Road at the east end of Rhonda Lyn Lane) (A-150-245) Planning and Community Development Director Perry stated that Cliff Walters and Cal Mittry, owners of two adjoining parcels, have requested the detachment of a portion of Mr. Mittry's parcel from the City in order to accommodate a lot-line adjustment. Mr. Perry explained that during survey work of Mr. Mittry's property for the development of the Crownview Subdivision, it was determined that a portion of a detached garage and fence on Mr. Walters' property encroached 10,000 square feet onto Mr. Mittry's parcel. Mr. Perry explained that the lot line adjustment cannot be recorded unless the area is either annexed to or detached from the City, since State law and the Municipal Code states that no lot shall be divided by a City boundary line. After staff recommended that Mr. Walters' parcel be annexed to the City, Mr. Walters' submitted a letter declining to pursue annexation and requesting detachment. Mr. Perry conveyed that access to the property is by City streets, fire protection is provided by the City through an agreement with the Buckeye Fire Protection District, and the property is connected to City water. It is the recommendation of staff to take no action on the detachment and advise Mr. Walters to submit an annexation request to the City. Fred Ingalls, with Sharrah Dunlap & Associates and representing Cliff Walters, noted that Mr. Walters is not the only property owner in the area who receives City services. Mr. Ingalls submitted a copy of the values of Mr. Mittry's and Mr. Walters' property and the amount of their tax assessment. He noted that the City will lose a small amount of property tax from the detachment of Mr. Walters' property; however, Mr. Mittry's property tax will increase because of the development. He added that under the Subdivision Map Act laws, the developer will be allowed to record the subdivision map with the encroachment, and deal with the problem with the one lot. He conveyed that Mr. Walters is willing to pay the costs for detachment. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to proceed with the detachment request by Cliff Walters for property on Rhonda Lyn Lane, and file the necessary paperwork with all the necessary agencies. The Vote: Unanimous Ayes ENVIRONMENTAL IMPACT REPORT EIR-3-90 - Solid Waste Transfer Station (L-010-075 & S-020-650 & R-010) Planning and Community Development Director Perry recalled that a copy of final Environmental Impact Report EIR-3-90 was submitted to City Council. Mr. Perry stated that the EIR was prepared for the solid waste transfer and recycling facility and included an analysis of the potential for consolidating the transfer station with a bus maintenance and storage yard for the Redding Area Bus Authority. He conveyed that the Planning Commission certified EIR-3- 90 on May 14, 1991. Mr. Perry stated that prior to proceeding with the transfer station/RABA project at either the Eastside Road site or Viking Way/Abernathy Lane site, Council must make findings that the final EIR has been completed in compliance with CEQA and that the final EIR was presented to Council and was reviewed and considered. Staff is recommending that Council accept the EIR; and if and when a site is selected, it be referred to the Planning Commission for processing the use permit. He added that if a different site is selected, it will have its own environmental review process. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to accept Environmental Impact Report EIR-3-90, Redding Solid Waste Transfer Station/Recycling Facility and Redding Area Bus Authority Central Operations Hub Project. Voting was as follows: Ayes: Council Members - Arness, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Buffum 16 7/2/91 CORPORATION YARD (C-050-100-040) Planning and Community Development Director Perry reported that the Council Corporation Yard Subcommittee recommended that the City put the engineering and schematic plan preparation on hold for the proposed Corporation Yard site on Viking Way pending a determination of the suitability of the Redding Power site for either or all of the following: Corporation Yard, Electric Department Corporation Yard, and transfer station. Mr. Perry asked if Council would like to put the existing contract on hold and obtain alternative site plans for the Corporation Yard at the Clear Creek Road site. Mr. Perry conveyed that what can fit on the 80 acres with the power plant and substation is the foremost question. If there is insufficient land, the City would either have to acquire additional property on Clear Creek Road or scale back the project. Based on the subcommittee's input, it is recommended that the current design work be put on hold and an amended contract with Dreyfuss and Blackford, in an amount not to exceed $15,000, be authorized. Council Member Arness noted that when the Corporation Yard site was selected, this site was not available. The evaluation of this site as a transfer station will compliment staff's studies and the EIR. In response to Mayor Dahl, Mr. Perry conveyed that the study will probably take less than 90 days. The real delay will be in preparation of time and motion studies and other work. This study will only deal with the Corporation Yard, the transfer station would be a separate analysis. Council Member Arness said the consultants would, in a short period of time, answer the question whether the buildings could be used for a Corporation Yard. Mayor Dahl added that some of the answers will be applicable to the transfer site. Council Member Moss asked how the architects can approach this project without bias. He questioned why an outside source with expertise in transportation is not being considered. Mr. Perry explained that the architect will subcontract the work out to a party with expertise in this area. Council Member Fulton asked if the Corporation Yard Subcommittee considered leaving the Corporation Yard at Viking Way. Mayor Dahl stated that although there will be a 90 day delay, the question if part of the Corporation Yard can go there has to be asked. He explained that there are huge buildings on the site that are not being used. MOTION: Made by Council Member Arness, seconded by Council Member Moss, to put the current design work for the Corporation Yard on hold, and authorize the Mayor to sign an amended contract with Dreyfuss and Blackford Architects, in an amount not to exceed $15,000, for a Site Feasibility Study for the siting of the new Corporation Yard and Transfer Station at the Clear Creek site. The Vote: Unanimous Ayes RESOLUTION - Purchase Agreement for Redding Power Plant (C-070-010 & E-120-300 & P-100-320) Electric Utility Director Lindley recalled that on May 31, 1991, City Council approved a Letter of Intent (LOI) between the City of Redding and National Westminster Bank USA containing the principal terms for the purchase of the Redding Power Plant on Clear Creek Road. Mr. Lindley reviewed the Report to City Council dated June 27, 1991, which is incorporated herein by reference. The Purchase and Sale Agreement for the Power Plant was submitted to Council, and Mr. Lindley outlined the terms of the Purchase Agreement. It is the recommendation of staff that the Purchase Agreement be approved. Mr. Lindley indicated that the Agreement sets forth a purchase price of $14,500,000 and requires an additional deposit into the opened escrow account in the amount of $700,000. Staff recommends utilizing a portion of the City's Electric Utility reserve funds for the deposit amount, 1989 electric system acquisition funds for the balance of the purchase price, and incur new debt for the remaining conversion and interconnection costs and to refund a portion of the Electric Utility reserve fund used in the deposit. It is the 17 7/2/91 recommendation of staff to establish the intent to reimburse funds paid for the Plan with proceeds from a future debt issue. Mr. Lindley stated that it is necessary to recruit a plant manager. It is therefore, recommended that the plant manager class specification and salary range be adopted, and recruitment begin concurrent with the approval of the Purchase Agreement. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 91-268 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Agreement of Sale and Purchase between the City of Redding and National Westminster Bank USA. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-268 is on file in the office of the City Clerk. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 91-269 be adopted, a resolution of the City Council of the City of Redding to incur taxable or tax-exempt indebtedness in order to reimburse certain capital expenditures. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-269 is on file in the office of the City Clerk. MOTION: Made by Council Member Arness, seconded by Council Member Moss, that Resolution No. 91-270 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 90-546, partially amended by Resolution Nos. 91-103, 91-122, 91-123, 91-129, 91-171, and 91-250 by: (1) Deleting the existing Executive Management Pay-for-Performance Salary Plan as of Midnight, July 6, 1991; and (2) Immediately thereafter establishing a new Executive Management Pay-for- Performance Salary Plan effective July 7, 1991, with authorization to begin recruitment for an Electric Utility Power Plant Manager. Voting was as follows: Ayes: Council Members - Arness, Buffum, Fulton, Moss, and Dahl Noes: Council Members - None Absent: Council Members - None Resolution No. 91-270 is on file in the office of the City Clerk. ELECTRIC DEPARTMENT PROJECT STATUS REPORT - Third Quarter 1991 (A-050-125) Electric Director Lindley submitted the Electric Department Project Status Report for the third quarter, July, 1991. This was an information item and no action was required. REDDING MUNICIPAL AIRPORT - Paid Vehicle Parking (A-090-100) Airports Director Ruff stated that the Municipal Airport does not charge for vehicle parking. The airport industry uses 40,000 annual passenger enplanements as the point where controlled paid parking begins to make sense; and enplanements in 1990 were in excess of 60,000. He added that the Airport is enterprise funded; and therefore, people should pay a fair rate for services rendered. He explained that allowing free use of the parking facilities means other Airport rate payers are picking up the slack for the cost of maintaining and amortizing these facilities. Mr. Ruff stated that a professional private sector auto parking company is the best approach to take because they have the expertise to guide the design, construction and operation of the facility. He explained that the City will make the final determination of the rate structure and the program's features. It is the recommendation of the Airports Commission and staff to pursue implementation of paid vehicle parking at the Municipal Airport through 18 7/2/91 initiation of a Request for Proposals process, and bring the results back to Council for award and approval. Council Member Fulton noted that when the Airport was constructed, the decision was made not to install paid parking. Although Redding may be one of the few cities that does not have paid parking, he opined that paid parking creates a lot of problems, it is not just a money making program. Council Member Moss stated that the intent is for a private contractor to run the program. The contractor takes the risk and the City receives some of the revenue. Mr. Ruff conveyed that a good paid parking program eliminates problems, it does not create them. Without paid parking, vehicles are unprotected, and there is no control over how long people are there unless you ticket and tow. Many people who park their cars at the Airport are not there on airport related business. The parking facility should be there for the traveling public; and if people do want to carpool from the Airport, they should pay to park there. MOTION: Made by Council Member Moss, seconded by Council Member Arness, to authorize staff to pursue implementation of paid vehicle parking at the Redding Municipal Airport through the Request for Proposals process. The Vote: Unanimous Ayes PUBLIC WORKS QUARTERLY REPORT - Third Quarter, 1991 (A-050-300) Director of Public Works Galusha presented the Public Works Quarterly Report for the third quarter of 1991. This was an information item and no action was required. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Application (A-110-140) Juanita's Tamale Kitchen (Garcia, Erin L. & Jose P.) 1435 Market Street ADJOURNMENT There being no further business, at the hour of 10:00 p.m., Mayor Dahl adjourned the meeting to 5:15 p.m., July 9, 1991, at the City Council Chambers, 1313 California Street, Redding, California. APPROVED: ____________________________________ Mayor ATTEST: ___________________________________ City Clerk