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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1993-06-011 06/01/93 City Council, Regular Meeting City Council Chambers Redding, California June 1, 1993 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays The Invocation was offered by Pastor Ron Smith, First Baptist Church. The meeting was called to order by Mayor Arness with the following Council Members present: Anderson, Kehoe, Moss, and Arness. Council Member Dahl was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Public Works Galusha, Director of Electric Utility Lindley, Director of Planning and Community Development Perry, Chief of Police Blankenship, Electric Utility Operations Manager Russell, Director of Finance Downing, Principal Planner Keaney, Director of General Services Masingale, Senior Planner King, Associate Planner Hanson, Budget Services Officer Starman, Housing Supervisor Garrity, City Clerk Strohmayer and Secretary to the City Council Rudolph. PRESENTATION OF PLAQUES (B-080-050 & B-080-010 & B-080-300) Mayor Arness presented the following individuals with plaques in appreciation of their service to the City of Redding on various City Boards and Commissions: Jack Kenealy, Board of Appeals; Donald Free, Airports Commission; and Vi Klaseen, Recreation and Parks Commission. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of April 6, 1993 Adjourned Regular Meeting of April 7, 1993 Special Meeting of April 20, 1993 Regular Meeting of April 20, 1993 Adjourned Regular Meeting of April 26, 1993 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 22, check numbers 193414 through 193977 inclusive, in the amount of $7,598,029.60, be approved and paid, and Payroll Register No. 24, check numbers 358033 through 358777 inclusive, in the amount of $871,489.95, and Automatic Payroll Deposits, check numbers 15900 through 16053 inclusive, in the amount of $224,674.94, for a total of $1,096,164.89, for the period of May 9, 1993 through May 22, 1993, be approved. TOTAL: $8,694,194.49 Monthly Financial Report - April 1993 (B-130-070) It is the recommendation of the Director of Finance that the April 1993 Monthly Financial Report be accepted. Legislative Matters (L-040-300) It is the recommendation of the City Manager's Office that staff be directed to take the necessary steps to make the City's position known to the appropriate State officials regarding the following legislation: Support of AB12, and opposition to SB780 and AB1844. It is further recommended that Council withdraw its opposition to SB732 and AB978 which have been amended. Request for Street Closure (P-030-250) It is the recommendation of the City Manager that Council authorize the closure of the 1800 block of Yuba Street from 6:00 a.m. to 10:00 a.m. on June 16, 1993, for a City/County/Business Coalition Rally. Resolution - Agreement with Keith Lack to Produce Promotional Diorama (A-050-500) 2 06/01/93 It is the recommendation of the Director of Finance that Resolution No. 93-211 be adopted, a resolution of the City Council of the City of Redding ratifying the agreement entered into with Keith Lack/Arlen Studio for production of a "Diorama/Miniature" promoting Redding and the greater Shasta County area at the State Capitol. Resolution - Appropriating Funds for Nuisance Abatement at 2515 Howard Drive, owned by Craig H. Scott * (B-130-070 & A-030-070) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-212 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 65th amendment to City Budget Resolution No. 92-306 appropriating $10,610 to demolish a structure at 2515 Howard Drive, owned by Craig H. Scott. 3 06/01/93 Resolution - Agreement with Economic Development Corporation re Revolving Loan Fund (G-100-030-035 & B-130-030-045 & E-050) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-213 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and the Economic Development Corporation, for the period of June 1, 1993, to May 1, 1994, providing additional funding for the Economic Development Revolving Loan Fund, and adopting changes to the Revolving Loan Fund operating procedures, and authorizing the Mayor to sign same. Resolution - re Previously Approved General Plan Amendments (G-030-010) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-214 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting the following General Plan Amendments: 1) General Plan Amendment GPA-3-92, by the Estate of R. V. Christian and the City of Redding (South Bonnyview Trident), amending the General Plan to "Retail/Commercial;" 2) General Plan Amendment GPA-2-93, by Shasta Blood Center (1111 Old Alturas Road), amending the General Plan to "Office/Residential;" and 3) General Plan Amendment GPA- 3-93, by the City of Redding (1800 and 1801 Linden Avenue), amending the General Plan to "Residential, 9.0 units per acre" and "Service Commercial." Request to Apply for Use Permit - by Northern Valley Catholic Social Services (L-010-390 & C-070-200) It is the recommendation of the Planning and Community Development Director that Council approve the Northern Valley Catholic Social Service's (NVCSS) request to apply for a use permit on the City-owned surplus property located at the 1800 block of Linden Avenue prior to the sale to NVCSS being completed. Resolution - Agreement with Orrick, Herrington, and Sutcliffe re Legal Services Relating to the Formation of and/or Annexations to Community Facilities Districts (A-150 & A-170-035) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-215 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the agreement for Special Counsel Legal Services between the City of Redding and Orrick, Herrington & Sutcliffe dated May 1, 1993, relating to the formation of and/or annexations to Community Facilities District (no bonds to be issued). Resolution - Grant Deed to the State re Route 44 Ramp Relocation Project (C-070-200 & S-050-100 & S-070-100) It is the recommendation of the Planning and Community Development Director that Resolution No. 93-216 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of a Grant Deed to the State of California, acting by and through its Department of Transportation, for City- owned land needed for the State Route 44 Ramp Relocation Project. Set Public Hearing - re Rezoning Application RZ-6-93, by Roger Froslie (2481- 2497 Girvan Road) (L-010-230) It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., June 15, 1993, to consider RZ-6- 93, a request to rezone four parcels totaling 1.91 acres from "U" Unclassified District to "RM-6" Multiple-Family District. Set Public Hearing - re Rezoning Application RZ-19-92, by Paul Edgren (Country Heights Subdivision, Units 9 and 10) (L-010-230 & S-100-108) It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., June 15, 1993, to consider RZ-19- 92, a request to rezone property from "U-FP" Unclassified with Floodplain District to "R1-BFM" Single-Family Residential District and "U-F" Unclassified with Site Plan Review. Set Public Hearing - re Rezoning Application RZ-5-93, by the City of Redding (Spyglass Hills Subdivision) (L-010-230) 4 06/01/93 It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., June 15, 1993, to consider RZ-5- 93, a request to rezone property from "R1-B15" to "R1-BFM." Award of Bid - Bid Schedule No. 2753, 15kV URD Cable (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2753, 15kV URD Cable, be awarded to the low evaluated bidder, Conductores Monterrey, in the amount of $490,265.10. Funds for this purchase are included in the 1993-94 budget. Resolution - Agreement with Shasta County Women's Refuge for Rape Crisis Intervention Services (P-150-150) It is the recommendation of the Police Chief that Resolution No. 93-217 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the City Manager to sign the agreement between the City of Redding and the Shasta County Women's Refuge to provide rape crisis intervention services, at an hourly rate of $15.00, for the period of July 1, 1993, through June 30, 1994. Set Public Hearing - re Establishment of Surcharge for Benton Landfill Closure (S-020-300 & S-020-500) It is the recommendation of the General Services Director that a public hearing be set for 7:00 p.m., June 15, 1993, to consider the establishment of surcharges to the Solid Waste Utility billing for closure and postclosure of Benton Landfill. Purchase of Vehicle for Solid Waste (A-050-150-150 & A-050-150-325) It is the recommendation of the General Services Director that Council authorize the purchase of a used pool vehicle, in an amount not to exceed $8,888.00, for the Fleet Management Division. Funds for this purchase are available in the 1992-93 budget. Award of Bid - Bid Schedule No. 2740, Ferric Chloride (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2740 (Job No. 5330-35), ferric chloride, be awarded to the low bidder, Imperial West Chemical Co., in the amount of $299.50 per dry ton, including freight. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2741, Liquid Sulfur Dioxide (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2741 (Job No. 5330-33 and 5340-33), liquid sulfur dioxide, be awarded to the low responsive bid, All Pure Chemical Co., in the amount of $489.00 per ton for 1-9 one-ton containers. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2742, Liquid Sodium Bisulfite (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2742 (Job No. 5330-33), liquid sodium bisulfite, be awarded to the low bidder, Sierra Chemical Co., in the amounts of $1.33 per gallon for 1,500 gallons, $1.21 per gallon for 1,000 gallons, and $1.12 per gallon for 2,500 gallons. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2743, Lime (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2743 (Job No. 5330-34 and 5203-15), lime, be awarded to the low bidder, Chemstar Lime, Inc., in the amount of $115.00 per dry ton delivered. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2744, Liquid Aluminum Sulfate (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2744 (Job No. 5203-15), liquid aluminum sulfate, be awarded to the low bidder, Rhone-Poulenc Basic Chemicals of Southgate, California, in the amount of 5 06/01/93 $147.95 per ton. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2745, Liquid Cationic Polymer (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2745 (Job No. 5203-15), liquid cationic polymer, be awarded to the low bidder, Calgon Corporation of Pittsburgh, in the amount of $0.369 per pound. Funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2746, Liquid Chlorine (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2746 (Job No. 5203-15 and 5330-32), liquid chlorine, be awarded to the low bidder, Sierra Chemical Company of Reno, Nevada, in the amount of $279.14 per ton for ten or more tons. The funds for this purchase have been requested in the 1993-94 budget. Award of Bid - Bid Schedule No. 2748, Rock and Mineral Products (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2748, rock and mineral products, be awarded as follows: a) Items 1, 3, 5, 6, and 9 to J. F. Shea; b) Items 2, 4, 7, and 8 to Northstate Asphalt; and c) Item 10 to Morgan Emultech. Funds for these purchases have been budgeted for fiscal year 1993-94. Award of Bid - Bid Schedule No. 2765, Traffic Signs (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2765 (Job No. 5114-12), traffic signs, be awarded to the low bidder, Safeway Sign Company, in the amount of $31,916.09. Funds for this purchase are included in the 1992-93 budget, Account No. 111-514-2513. 6 06/01/93 Award of Bid - Bid Schedule No. 2758, Underground Fuel Tank Replacements for Wastewater Utility (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2758 (Job Nos. 9296-15 and 9297-15), underground fuel tank replacements for wastewater utility, be awarded to the low bidder, R.S.S.E., Inc., in the amount of $59,476.00, with a ten percent contingency of $6,000.00. Funds for this project are included in the 1992-93 budget. Resolution - Agreement with State of California re Bicycle Lane Account Project (T-100-050) It is the recommendation of the Public Works Director that Resolution No. 93- 218 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign the Local Agency-State Agreement No. B.L.A. 2-93 between the City of Redding and that State of California, Department of Transportation, for the Bicycle Lane Account Project on Freebridge, Rio, Anita, Ellis, Polk, and Eastside Roads. Resolution - Agreement with Redding Redevelopment Agency and State of California re State Route 44/Friendly Road Ramp Project (R-030-050-310) It is the recommendation of the Public Works Director that Resolution No. 93- 219 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign Cooperative Agreement No. 02E717 by and between the Redding Redevelopment Agency, the City of Redding and the State of California, Department of Transportation, for the State Route 44/Friendly Road Ramp Project. Transportation Control Measure Plan (T-080 & E-020-010) It is the recommendation of the Public Works Director that Council accept the Transportation Control Plan, dated May 25, 1993, incorporated herein by reference, and direct staff to submit said plan to the Air Quality Management District for consideration. Resolution - Agreement with State of California re Signalization of Intersection of Cypress and Victor Avenues (G-100-170 & T-080-700) It is the recommendation of the Public Works Director that Resolution No. 93- 220 be adopted, a resolution of the City Council of the City of Redding approving and authorizing the Mayor to sign Program Supplement No. 009 to State-Local Transportation Partnership Program Agreement No. SLTPP-5068, Project No. SB93-5068(022), by and between the City of Redding and the State of California, Department of Transportation, for the signalization of the Intersection at Cypress and Victor Avenues. Resolution - Appointing Directors to Redding Capital Services Corporation (B-080-600-760) It is the recommendation of the City Attorney that Resolution No. 93-221 be adopted, a resolution of the City Council of the City of Redding appointing Robert E. Courtney and Larry Hughes to the Redding Capital Services Corporation. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution Nos. 93-211, 93-212, 93-213, 93-214, 93-215, 93-216, 93-217, 93- 218, 93-219, 93-220, and 93-221 are on file in the office of the City Clerk. - - - - - - - - - - - REQUEST TO ADDRESS COUNCIL - David L. Stephens of Port-A-Storage (L-010-500-900) Planning and Community Development Director Perry related that a letter was received from David L. Stephens, the owner of a portable storage business that 7 06/01/93 rents metal storage containers to businesses in the North State, requesting to address Council. Mr. Stephens alleges that his business should be allowed to rent storage containers to businesses in Redding to serve as on-site storage for a variety of purposes, including additional warehouse expansion, permanent storage, and temporary storage. Mr. Stephens provides portable storage units ranging in size from 8 by 16 feet to 8 by 40 feet. Mr. Perry explained that the City's Code currently prohibits metal storage containers when not used in connection with a valid building permit for on- site storage relating to building construction. The placement and construction of portable storage units is regulated by the City's Zoning Ordinance and the Uniform Building Code. The Uniform Fire Code also applies if the unit was used for storage of flammable, explosive, toxic, combustible, hazardous, or corrosive gaseous mixtures or materials. Over the past two years, staff has noticed an increase in metal storage containers being used as long-term, on-site storage facilities in violation of the City Code. Historically, such storage was normally accommodated by expanding the floor area of a business to include additional space or by renting a storage space at one of the local miniwarehouse businesses or at another commercial building. It is the opinion of staff that the existing ordinances provide the necessary balance for the community. David Stephens, 4192 Stone Valley Court, Chico, California, explained that Port-a-Storage has been renting portable storage units in Redding for the last 16 years. There are currently 60 to 80 companies providing portable storage units in California, with seven servicing the Redding area. In researching the matter on a statewide basis, he found very few problems are encountered by other companies. Southern California, however, has some regulations regarding placement of units on streets and busy thoroughfares. In order to be exempt from a building permit, he related that the Uniform Building Code limits portable storage units to less than 120 square feet. Mr. Stephens stated that his units are considered temporary; however, some units have been in place for two or three years. He has no way of controlling the amount of time a unit is on site. The units are repainted every four years utilizing a light tan color to make them less conspicuous and not displeasing to the eye. He noted that the laws concerning portable storage units are not clear. He showed slides depicting various units located throughout the City. He has counted over 215 containers over 120 square feet in the City of Redding. In 1990, his firm had 84 containers in the City. Last year, he had 22 units, however, because of the City's enforcement effort, eight of those units were eliminated thereby bringing the total number of units to 14. He objected to the City's enforcement efforts based on the fact that the City eliminated eight of his firm's units and removed only one other container of another firm. He opined that his firm is being singled out in this enforcement effort. Mr. Perry commented that some of the units depicted on the slides were located in the City, some in the County, and some in areas which the City does not regulate, such as schools. The slides represented a mix of zoning versus building code requirements. The units are permitted in some industrial areas. The real issue is units in the retail areas of town and their appearances. He related that some of these units would be permissible by permit, however, the individuals do not bother to apply. With regard to obtaining a building permit, he explained that part of the problem deals with defining what is considered temporary storage because the units are permitted for short-term usage and by permit for construction. Council Member Anderson did not object to the City's current code as long as all portable storage companies were given equal treatment. Mr. Perry stated that when a problem is noted with a unit or a complaint is received, staff proceeds to follow up on the matter. With regard to enforcement, he believed that staff was giving equal treatment to all companies. Mayor Arness suggested that the City mail a letter to the portable storage unit business owners advising them of the City's requirements regarding the units and requesting that these requirements be conveyed to their customers. 8 06/01/93 MOTION: Made by Council Member Moss, seconded by Council Member Anderson, to maintain the status quo regarding portable storage units within the City of Redding and directing staff to send letters outlining the City's requirements, along with a copy of the City's code, to the owners of companies providing portable storage units. The Vote: Unanimous Ayes ENDORSEMENT OF MEASURE B - SHASTA COUNTY'S SMOKING ORDINANCE (E-020-010) Mike Brown, representing Measure B, presented the following facts which he related have become known since Council's action on June 15, 1992: 1) Smoking in Restaurants-A Guide for Policy Makers was released in September 1992 and made the following points: a) Typical restaurant/bar exposure is 8 to 20 times that of domestic exposure; and b) California waitresses have the highest morality rate of any women's occupational group and the chances of acquiring lung cancer are four times that of other women; 2) A report released in March 1993 utilizing State Board of Equalization information revealed that no community in California with smoking ordinances have experienced a negative financial impact on restaurant sales. The report also relates that the proposed 30 percent decrease in restaurant sales experienced by Beverly Hills in 1987 was false; and 3) A report concerning the smoking ordinance in San Luis Obispo reports no decrease in either restaurant or bar sales. Dr. Freeman, MD, stressed that two-thirds of the smoke from a burning cigarette never reaches the smoker's lungs but goes directly into the air. He conveyed that the studies regarding passive smoke are numerous. Passive smoke has been found to increase the risk of leukemia, and cancer of the breast, uterus and cervix. Dr. Michael Cleary, Mercy Medical Center, noted that the health hazards surrounding second-hand smoke had been thoroughly discussed at the Council meeting of July 15, 1992. He referenced two recent articles in the Record Searchlight written by Jack Kenealy concerning Measure B and provided supporting evidence to refute his inaccurate statements. MOTION: Made by Council Member Moss, seconded by Council Member Kehoe, to provide an endorsement of "Yes on Measure B." The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-1-93, by Carl Hild (3782 Siskiyou Street) (A-010-040) The hour of 7:00 p.m. having arrived, Mayor Arness opened the public hearing regarding Abandonment Application A-1-93. 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 May 25, 1993 City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry recalled that the Planning Commission, at its meeting of May 13, 1993, recommended approval of a request by Carl Hild to abandon a portion of the open-space easement on his property located at 3782 Siskiyou Street within the Ridgeview Estates Subdivision. It is the recommendation of staff that Council make the following findings: 1) That no public purpose will be served by keeping the land as open space; 2) That the abandonment is not inconsistent with State laws regulating open- space easements; 3) That the abandonment is consistent with the General Plan; and 4) That the abandonment is necessary to avoid a substantial financial hardship to the landowners due to involuntary factors unique to them. It is further recommended that Council ratify the Negative Declaration and adopt the necessary resolution approving the abandonment. Mayor Arness determined that there was no one present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that the following findings be made regarding Abandonment Application A-1-93: 1) That no public purpose will be served by keeping the land as open space; 9 06/01/93 2) That the abandonment is not inconsistent with State laws regulating open- space easements; 3) That the abandonment is consistent with the General Plan; and 4) That the abandonment is necessary to avoid a substantial financial hardship to the landowners due to involuntary factors unique to them. The Vote: Unanimous Ayes MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that Council make the following findings regarding Abandonment Application A- 1-93: 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 March 3, 1993. The Vote: Unanimous Ayes MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that Resolution No. 93-222 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of open space easement on Lot 11 (3782 Siskiyou Street) dedicated to the City of Redding with the recording of Unit 4 of the Ridgeview Subdivision (A-1-93). Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 93-222 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Denial of Variance Application V-6-93, by John and Duveen Elam (1280 Mistletoe Lane) (L-010-410) The hour of 7:00 p.m. having arrived, Mayor Arness opened the public hearing regarding the appeal of denial of Variance Application V-6-93. 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 May 26, 1993 City Clerk Strohmayer advised that no protests were received. Planning and Community Development Director Perry related that the Planning Commission, at its meeting of April 27, 1993, denied a request by John and Duveen Elam for a variance to allow an existing carport (constructed without building permits) to encroach entirely within the ten-foot, side-yard setback as required by Chapter 18.08.070(b) of the Zoning Code. Mr. Perry explained that in order to approve the variance, Council must make findings that would substantiate a variance: 1) Because of special circumstances applicable to the subject property, including shape, size, topography, and location of surroundings, the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity or under identical zone classification; 2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant; and 3) That the granting of the application will not, under the circumstances of the particular case, adversely affect, to a material degree, the health or safety of persons residing or working in the neighborhood of the subject property and will not be materially detrimental to the public welfare or materially injurious to property or improvements in the neighborhood of the subject property. It is the opinion of the Planning Commission and staff that the granting of a variance in this instance would set a precedence, encourage property owners to disregard zoning codes with the intention of correcting them after the fact with a variance and would make the City's enforcement of its codes more difficult in court. Absent the ability to make the necessary findings, staff recommends that Council deny the appeal. 10 06/01/93 Duveen Elam, 1280 Mistletoe Lane, read her letter of June 1, 1993, incorporated herein by reference, into the record. The letter requested that Council grant the proposed variance and cited reasons for its approval. In response to Mayor Arness, Mr. Perry related that even if the lot line adjustment were obtained, a variance would be required from one of the parties involved due to the ten-foot, side-yard setback requirement. Council Member Anderson questioned whether additional time could be granted in order for the Elam's to further pursue the lot line adjustment. Mr. Perry replied that several more months could be granted with the understanding that if the lot line adjustment does not occur, the structure would need to be removed. Council Member Moss stated that he had no problem making findings regarding criteria two and three. He noted that one of the primary reasons for the ten- foot, side-yard setback is to provide emergency access to the backyard. He believed the structure enhanced the accessibility to the backyard by providing a paved path. He suggested providing the Elam's with as much time and latitude as possible to obtain the required lot line adjustment. City Attorney Hays explained that the findings are to be made prior to the structure being constructed; therefore, it is difficult to make the necessary findings. Mayor Arness determined that there were no additional individuals wishing to speak on the matter and closed the public hearing. Mayor Arness expressed concern with setting a precedent by granting the variance. Council Member Anderson felt the situation had special circumstances. While he was not prepared to grant a permanent variance, he supported granting the Elam's additional time to pursue the ten-foot, side-yard setback. MOTION: Made by Council Member Moss, seconded by Council Member Anderson, to deny Variance Application V-6-93, and provide the John and Duveen Elam with an additional 12 month extension to further pursue obtaining a legal ten-foot, side-yard setback on the property located at 1280 Mistletoe Lane. Voting was as follows: Ayes: Council Members - Anderson, Kehoe and Moss Noes: Council Members - Arness Absent: Council Members - Dahl APPOINTMENTS - Planning Commission, Board of Appeals and Community Development Advisory Committee (B-080-300 & B-080-050 & B-080-600-100) MOTION: Made by Council Member Moss, seconded by Council Member Anderson, that the following appointments be made: 1) Robert Richelieu to the Board of Appeals to serve an unexpired term ending January 1, 1995; 2) Don Rehn to the Planning Commission to serve a four-year term ending May 1, 1997; and 3) Sherrill Bambauer and Linda Morgan to the Community Development Advisory Committee to serve terms expiring December 1, 1996. The Vote: Unanimous Ayes ORDINANCE NO. 2048 - Rezoning Application RZ-1-93, by the City of Redding (River Park Drive north of Benton Drive) (L-010-230) MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2048 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that Ordinance No. 2048 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 to "R1-BFM" Single-Family Residential District by Final Map and "U-F" Unclassified with Site Plan Review Combining District (RZ-1-93). Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl 11 06/01/93 Ordinance No. 2048 is on file in the office of the City Clerk. ORDINANCE NO. 2049 - Rezoning Application RZ-2-93, by David Wheeler (989 Canyon Creek Road) (L-010-230) MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2049 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, that Ordinance No. 2049 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 to "R1-B10" Single-Family Residential District (RZ-2-93). Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 2049 is on file in the office of the City Clerk. PROPOSED 1993-94 FISCAL YEAR BUDGET (B-130-070) City Manager Christofferson transmitted the recommended budget for fiscal year 1993-94 and provided the following comments: 1) It is balanced; 2) Includes a three percent General Fund reserve, plus additional reserves; 3) Is lean; 4) Maintains essential public service levels; 5) Is based on conservative revenue projects; and 6) Reflects major economies by departments. He noted that the budget does not provide for any revenue reductions resulting from the State balancing its budget. Mr. Christofferson noted that total expenditures estimated for 1993-94 are $119,453,001. Resources for 1993-94 are estimated at $121,737,547. General fund spending per resident decreased from $455 in fiscal year 1992-93 to $398 in fiscal year 1993-94. Accordingly, the City employee to resident ratio decreased from 9.7 to 9.1. Mr. Christofferson presented possible budget reductions totalling $1,001,600 for consideration once the impact of the State's budget situation is known. He also suggested that the citizens of Redding notify their State representatives that local taxes should remain local and not utilized by the State to solve its budget situation. He requested Council guidance with respect to dates for scheduling budget study sessions. He also complimented staff for their assistance in preparing the 1993-94 budget. It was the consensus of Council to conduct budget study sessions on June 7 and 8, 1993, at 3:00 p.m., in City Hall Conference Room A. RESOLUTION - Approving Documents to Facilitate the Sale of Water Revenue Bonds, 1993 Series A re Buckeye Water Treatment Plant (R-015-030-950 & W-030-600) Director of Finance Downing related that staff has been proceeding with the preliminary work necessary to issue debt to finance the construction of a water treatment facility in the Buckeye area. In addition, staff has been investigating the benefits from refunding the 1979 Water Revenue Bonds and the 1979 State of California Department of Water Resources Safe Drinking Water Loan. It appears that if the two debt issues were refunded and reissued, the Water Utility would benefit from cash flow savings of approximately $950,000. The present value of this estimated savings is $500,000. In addition, the Water Utility would benefit from lower interest rates, and consequently lower debt service costs, on the currently proposed debt issue if the 1979 Water Revenue bonds are refunded. It is the recommendation of staff that Council approve the necessary resolution approving and Installment Sale Agreement and authorizing the issuance of debt for the Buckeye Water Treatment Facility and the refunding 12 06/01/93 and reissuance of certain debt of the Water Utility in an amount not to exceed $19,500,000 with a true interest cost of 6.5 percent. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 93-223 be adopted, a resolution of the City Council of the City of Redding approving the form of an Installment Sale Agreement for the acquisition of certain municipal water system improvements and authorizing the execution and delivery thereof, and approving the issuance by the Redding Joint Powers Financing Authority of not to exceed $19,500,000 aggregate principal amount of water revenue bonds and related actions and matters. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 93-223 is on file in the office of the City Clerk. 13 06/01/93 RESOLUTION - Approving Documents to Facilitate Sale of Lease Revenue Bonds, Series 1993 re Capital Improvement Projects (R-015-300-100 & C-050-050 & A-090-100 & C-175-825-100) Director of Finance Downing related that staff has been proceeding with the preliminary work necessary to issue debt to finance capital improvements projects at the Convention Center and the Redding Municipal Airport. In addition, it is planned that this debt issue would finance the construction of the Shasta Area Safety Communications Agency (SHASCOM) facility. It is the recommendation of staff that Council adopt the necessary resolution approving the Acquisition Agreement and the Facilities Lease with the Redding Joint Powers Financing Authority. It is also recommended that Council authorize the issuance of debt in an amount not to exceed $4,000,000 with a true interest cost of 6.9 percent. Ms. Downing noted that the resolution would be amended to delete reference to the Facility Sublease. The Facility Sublease with the City of Redding, Shasta County and the City of Anderson would be presented to Council at a later date for consideration and adoption. In addition, the resolution would be amended to reflect that the maximum annual Base Rental payable under the Facilities Lease shall not exceed $325,000. In response to Mayor Arness, Ms. Downing related that the monies being secured for the Industrial Park at Redding Municipal Airport would be used for the trenching project and not as repayment for existing debt. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, that Resolution No. 93-224 be adopted, a resolution of the City Council of the City of Redding approving the issuance by the Redding Joint Powers Financing Authority of not to exceed $4,000,000 aggregate principal amount of Lease Revenue Bonds; approving the forms and authorizing the execution and delivery of an Acquisition Agreement, a Facilities Lease and a Purchase Contract relating to the bonds; and approving the taking of necessary actions in connection therewith. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 93-224 is on file in the office of the City Clerk. At the hour of 8:34 p.m., Mayor Arness adjourned the meeting to a Special Meeting of the Redding Joint Powers Financing Authority. At the hour of 8:36 p.m., Mayor Arness reconvened the Regular Meeting of the Redding City Council. REQUEST BY REDDING EAST ROTARY AND SHASTA BUILDERS EXCHANGE - re Construction of Restrooms and Kiosks on River Trail/Arboretum (P-050-460-700) Associate Planner Hanson related that a request was received from the Redding East Rotary and the Shasta Builders Exchange to construct a restroom and informational kiosk next to the Sacramento River Trail parking lot at the Benton Ranch. The project will serve a dual purpose. Initially, it will be a Phase 1 "presence" for the arboretum. Over time, it will serve as permanent facilities for trail users. Currently, there are no bathrooms or drinking fountains within the one-mile section of trail on Benton Ranch. Mr. Hanson recalled that both the Redding East Rotary and the Shasta Builders Exchange have in prior years constructed smaller restrooms on the trail as community projects. With these smaller projects, all materials, except the self-contained underground sewer systems, were donated. The two groups propose to obtain most materials from local suppliers at below wholesale costs, but are asking that the City reimburse them for the cost of materials and supplies. Funding for this project is available as a result of the budget resolution adopted by Council on March 2, 1993. If the project is approved, staff will establish a not-to-exceed amount for the materials and include it in the reimbursement agreement. It is the recommendation of staff that Council accept the offer of the Shasta Builders Exchange and Redding East Rotary and direct staff to work with them 14 06/01/93 to coordinate efforts. It is further recommended that the City Manager be authorized to enter into a reimbursement agreement with the two groups for materials and supplies needed for this project. It is also recommended that the City pay for water, sewer, and electric meters, and connection charges and use City of Redding field crews to construct the sewer connection, thereby eliminating concerns regarding OSHA requirements. Kent Dagg, Shasta Builders Exchange, stated that the Shasta Builders Exchange is prepared to work with the Redding East Rotary Club in adding yet another segment to the City's magnificent Sacramento River Trail. In response to Council Member Anderson, Mr. Hanson related that the facilities would be constructed on City-owned land. The Arboretum Committee has designed the kiosk improvements and will assist the two groups at construction time. Council Member Kehoe questioned who would be responsible for the maintenance of the facility. Mr. Hanson replied that the Arboretum Committee would maintain the kiosk; however, it has not yet been determined who would be responsible for maintaining the restroom facilities. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, to accept the offer of the Shasta Builders Exchange and the Redding East Rotary to construct a restroom and informational kiosk next to the Sacramento River Trail parking lot at the Benton Ranch, direct staff to work with them to coordinate efforts, authorize the City Manager to enter into a reimbursement agreement with the two groups for materials and supplies needed for the project, authorize the City to pay for water, sewer and electric meters and connection charges, and authorize the use of City of Redding field crews to construct the sewer connection. The Vote: Unanimous Ayes CABLE REGULATIONS (T-040-050) Planning and Community Development Director Perry highlighted the Report to City Council dated May 25, 1993, incorporated herein by referenced, concerning the Cable Television Consumer Protect and Competition Act of 1992 and its effects on the City. This was an informational item and no action was required. MORTGAGE CREDIT CERTIFICATE PROGRAM (R-030-100-400) Planning and Community Development Director Perry highlighted the Report to City Council dated June 1, 1993, incorporated herein by reference, regarding the City's Mortgage Credit Certificate (MCC) Program. Mr. Perry noted that to date, the City's MCC Program has assisted 168 City residents with the purchase of their first home. Of the households assisted, 25 percent are low-income; 15 percent are median-income; and 60 percent are moderate-income. Newly constructed houses totaled 31 percent of those houses purchased. The average MCC amount was $15,100. This was an informational item and no action was required. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (G-100-030) Planning and Community Development Director Perry related that the Community Development Advisory Committee has completed the 1993-94 funding cycle for the Community Development Block Grant (CDBG) Program. During the funding process, the committee received many more requests for funding for public service activities than it was possible to fund. Funding for public service activities is limited to 15 percent of the total grant. Given the limited funds and the increasing demand for these funds, the committee has discussed the need for establishing a policy which will give direction in the distribution of funds for public service activities. It is the recommendation of the Community Development Advisory Committee and staff that Council direct the Community Development Advisory Committee to draft a policy establishing how CDBG funds are to be used for Public Service Activity operating funds for Council's consideration prior to the 1994-95 funding cycle. 15 06/01/93 MOTION: Made by Council Member Moss, seconded by Council Member Kehoe, to direct the Community Development Advisory Committee to draft a policy establishing how Community Development Block Grant (CDBG) funds are to be used for Public Service Activity operating funds for Council's consideration prior to the 1994-95 funding cycle. The Vote: Unanimous Ayes MODIFICATIONS TO ELECTRIC UTILITY SERVICE POLICY (E-090) Electric Utility Director Lindley stated that over the last several years, the Electric Utility has averaged about $5,000,000 per year in direct costs installing Electric Utility infrastructure in support of new development. In October of 1989 in response to requests from Council, staff began development of a plan to modify the existing Electric Utility Service Policy to transfer the direct costs resulting from new development from the ratepayer to the Developer/Customer. Staff spent about two years developing the plan and discussing it with City management/staff, the Electric Utility Commission, ratepayers and the development community. At its meeting of October 15, 1991, Council elected to make no changes to the Electric Utility Service Policy. Mr. Lindley explained that during January through April of this year, the Electric Utility Commission again reviewed options for modifying the Electric Utility Service Policy to transfer more of the cost of serving new development from the ratepayer to the Developer/Customer. It is the recommendation of both the Electric Utility Commission and staff that Council authorize staff to phase in the transfer of costs of infrastructures required to serve new development from the ratepayer to the Developer/Customer over a five-year period. When fully implemented, it would result in added cost to the Developer/Customer of a typical residential subdivision of $2,335 per lot and would result in approximately a $5,000,000 per year savings to the City's ratepayers. Council Member Moss stated that due to the fact that the building industry is currently trying to overcome the recession, he did not view it as an appropriate time to consider the proposed modifications and suggested that the matter be deferred. He also stated that the electrical increase for the coming year should be lower than originally anticipated. He noted that every individual who owns a home in the City of Redding has received this subsidy from the electrical ratepayer. Council Member Anderson concurred that the timing was not appropriate to consider the proposed modifications. He opined that the "great American dream" is becoming out of reach for first time homebuyers because of all the building fees. He viewed the fee as being a tax which would ultimately be passed on to the homebuyer. He noted that PG&E does not have this type of charge. He also concurred with the concept that all current homeowners in the City have already received this benefit and saw no reason to change the process. Council Member Kehoe stated that by imposing such a cost on the homeowner would diminish the concept of affordable housing in the City of Redding. He concurred with deferring the matter to a later date. Mayor Arness believed the $5,000,000 to $6,000,000 which the Electric Department spends subsidizing growth to be a real fact. He stated that the City does its best to keep charges to a minimum, however, someone has to put money into growth. Al Shipman, a local developer, stated his opposition to placing this charge on to the Developer/Customer as it represents a new homeowner tax. He suggested that the City conduct a study regarding the problems cities within California are experiencing and the fact that they are starting to reduce their fees because of the associated loss of business. He explained that the City and the developers need to work on creating a long-term entity with compromises seen from both parties. Mike Braden, Shasta County Board of Realtors, stated that in a recent poll the City of Redding was considered the 23rd most unaffordable city in the State of California. He noted that part of this problem stems from the employment 16 06/01/93 base. He related that the situation would not improve if the cost of building continues to rise. MOTION: Made by Council Member Moss, seconded by Council Member Anderson, to defer action on the proposed modification to the Electric Utility Service Policy at the present time and consider it at a more appropriate time in the future. Voting was as follows: Ayes: Council Members - Anderson, Kehoe and Moss Noes: Council Members - Arness Absent: Council Members - Dahl PROPERTY CLERK REPLACEMENT (A-050-270 & P-100-060-600) Chief of Police Blankenship recalled that Council, at its meeting of April 6, 1993, authorized the Police Department to fill a vacant position in Public Safety Dispatch. An employee currently assigned as a Property Clerk is trained and can fill the Public Safety Dispatch position. Transferring the Clerk to Public Safety Dispatch, however, would cause a vacant Property Clerk position. There are currently two Clerks assigned to the Property Unit which is responsible for handling and cataloging over 100,000 pieces of evidence each year. The Property Unit cannot function properly with less than two Clerks. It is the recommendation of staff that Council authorize the filling of the Property Clerk position vacancy. Council Member Kehoe indicated that when the impacts of the State budget are known, the individual filling the Property Clerk position may be laid off and requested that this information be properly conveyed. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, authorizing staff to fill the Property Clerk position vacancy. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 2762(a), Bulk Fuel Delivery (B-050-100 & A-050-150-150) Council Member Kehoe abstained from discussion and voting on this matter. General Services Director Masingale explained that rather than requesting weekly telephone quotes from fuel suppliers, the City, in cooperation with Shasta County officials, has negotiated to obtain bulk fuel delivery on an annual basis. The bid received is comparable to the cost of fuel above the prevailing local wholesale price paid in the past. There are no additional fiscal impacts above what the City has paid on a weekly basis. MOTION: Made by Council Member Moss, seconded by Council Member Anderson, that Bid Schedule No. 2762(a), bulk fuel delivery, be awarded to the low bidder, Cross Petroleum, in the amount of $.0245 per gallon on an annual basis. Voting was as follows: Ayes: Council Members - Anderson, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Abstain: Council Members - Kehoe AWARD OF BID - Bid Schedule No. 2762(b), Cardlock Fuel Agreement (B-050-100 & A-050-150-150) Council Member Kehoe abstained from discussion and voting on this matter. General Services Director Masingale related that the City solicited proposals for a cardlock fuel system from private vendors. He explained that the process was a cooperative effort between the City, Redding Area Bus Authority, Shasta County, Office of Education, and various school districts within the County. No single vendor could provide all four necessary sites that are convenient for all City Department locations; therefore, staff recommends multiple awards of the proposal as follows: 1) SST Oil (Autogas) with locations at: a) Redding Truck Stop, 2731 South Market Street; and b) Nielsen's B.P. Kwik N Kleen Carwash, 1210 Market Street; and 2) Redding Oil with locations at: a) Exxon Station, 1233 Hilltop Drive; b) Unmanned cardlock facility at 5204 Caterpillar Road; c) Exxon Station at 1220 Shasta Street; and d) 3025 Crossroads. Annual fuel purchases from the cardlock system are estimated at $200,000 to $250,000. 17 06/01/93 MOTION: Made by Council Member Moss, seconded by Council Member Anderson, that Bid Schedule No. 2762(b), cardlock fuel agreement, be awarded as follows: 1) SST Oil (Autogas) with locations at: a) Redding Truck Stop, 2731 South Market Street; and b) Nielsen's B.P. Kwik N Kleen Carwash, 1210 Market Street; and 2) Redding Oil with locations at: a) Exxon Station, 1233 Hilltop Drive; b) Unmanned cardlock facility at 5204 Caterpillar Road; c) Exxon Station at 1220 Shasta Street; and d) 3025 Crossroads. Voting was as follows: Ayes: Council Members - Anderson, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Abstain: Council Members - Kehoe CONVENTION CENTER ROOF - re Authorization to Advertise for Bids (C-050-050) Public Works Director Galusha recalled that Council, at its meeting of March 16, 1993, authorized staff to move forward with the design of a foam roof system to replace the existing built-up roof on the Redding Convention Center building. Mr. Galusha explained that PACE Engineering has completed the contract documents for the project and it is ready for advertising for bids. It is the recommendation of staff that Council authorize the Public Works Department to advertise for bids for the reroofing of the Convention Center in June. Once the bids are received, a recommendation will be made to Council for award. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, authorizing staff to begin advertising for bids for the reroofing of the Convention Center in June 1993. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) Enterprise Chevron (Thomas Stations Inc) 1120 Hartnell Avenue ADJOURNMENT There being no further business, at the hour of 9:10 p.m., Mayor Arness declared the meeting adjourned. APPROVED: ____________________________ Mayor ATTEST: _______________________________ City Clerk