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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1994-04-05 - Special City Council, Special Meeting Council Chambers Redding, California April 5, 1994 6:30 p.m. The meeting was called to order by Mayor Arness with the following Council Members present: Anderson, Kehoe, and Arness. Council Member Dahl was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, City Clerk Strohmayer and Executive Secretary Sherman. CLOSED SESSION (L-100) Mayor Arness stated that pursuant to California Government Code Sections 54956, 54957.6(a) and 54957 Council would adjourn to closed session to discuss personnel matters and personnel matters relating to the evaluation of the City Manager and the City Attorney. At the hour of 6:30 p.m., Mayor Arness declared the meeting adjourned to closed session. At the hour of 6:36 p.m., Council Member Moss arrived and entered the Closed Session. At the hour of 6:59 p.m., Mayor Arness reconvened the meeting to regular session. ADJOURNMENT There being no further business, at the hour of 6:59 p.m., Mayor Arness declared the meeting adjourned. APPROVED: Mayor Arness ATTEST: City Clerk City Council, Regular Meeting Council Chambers Redding, California April 5, 1994 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Pastor Dan Byus, Christian Life Center. 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, Police Chief Blankenship, Fire Chief Bailey, Director of Finance Downing, Director of General Services Masingale, Director of Information Systems Kelley, City Treasurer Linville, Principal Planner Keaney, Senior Planner King, Associate Planner Morgon, Budget Services officer Starman, City Clerk Strohmayer and Executive Secretary Sherman. - - - - - - - - - CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of February 15, 1994 Regular Meeting of April 5, 1994 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 18, check numbers 204195 through 205115 inclusive, in the amount of $4,526,682.65, be approved and paid, and Payroll Register No. 19, check numbers 374653 through 375398 inclusive, in the amount of $876,663.78, and Automatic Payroll Deposits, check numbers 18790 through 18969 inclusive, in the amount of $263,198.45, for the period of February 27, 1994, through March 12, 1994, be approved. TOTAL: $5,666,544.88 Legislative Matters (L-040-300) It is the recommendation of the City Manager's Office that the City Council authorize the Mayor to send letters to the appropriate official expressing support of ACA 34 and opposition to the following: AB 2692, SB 1274, and AB 3505. Planning and Community Development Annual Reports (L-010-390-100, L-010-500 & E-020-010) It is the recommendation of the Planning & Community Development Director that approval of the Annual Report on Administrative Planning Permits, Zoning Violations, and Air Quality Management be accepted and await any recommendations by the Planning Commission. Resolution - Previously Approved General Plan Amendments: GPA-7-93/Pray Road, GPA-8-93/1170 Del Monte Street, GPA-9-93/790 Lema Road, and GPA-10-93/1081 Wildwood Lane & 4050 Eureka Way (G-030-010) It is the recommendation of the Planning & Community Development Director that Resolution No. 94-64 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendments 7-93, 8-93, 9-93, and 10-93. The land use agreements for GPA-8-93, GPA-9-93 and GPA-10-93 have been executed pursuant to Council direction. Set Public Hearing - re Rezoning Application RZ-4-94, by City of Redding, (Los Robles Hills Subdivision, Unit 1) (L-010-230 & S-100-445)) It is the recommendation of the Planning and Community Development Director that a public hearing be set for 7:00 p.m., April 19, 1994, to consider RZ-4- 94, a request to reclassify property located in the Los Robles Subdivision, Unit 1, from "U" Unclassified District to "R1-B10" Single Family Residential District. Acquisition of Property - 2755 Old Alturas Road from Joseph Palazzo (C-070-010) It is the recommendation of the Planning and Community Development Director that the City Council authorize the City Attorney to acquire property located at 2755 Old Alturas Road for the appraised fair market value of $12,000.00 plus escrow costs. Resolution - Amending Agreement with Shasta Housing Development Corporation (G-100-030-038) It is the recommendation of the Planning and Community Development Director to adopt Resolution No. 94-65, a resolution of the City Council of the City of Redding amending the agreement between the City of Redding and Shasta Housing Development Corporation for Senior Housing Pre-Development costs. Resolution - Approving Professional Services Contract with Henwood Energy Services, Inc. (E-120-000, E-120-025) It is the recommendation of the Electric Utility Director to adopt Resolution No. 94-66, a resolution of the City Council of the City of Redding authorizing supplemental appropriations in the amount of $20,000.00 each to contract Nos. C-2845 and C-3013 between the City of Redding and Henwood Energy Services, Inc., relating to Pacific Gas & Electric negotiation support and liaison activity. Resolution - Adopting New Classification of Electric Utility Demand-Side Projects Manager and a Modified Executive Management Pay-for-Performance Salary Plan (P-100-320) It is the recommendation of the Electric Utility Director to adopt Resolution No. 94-67, a resolution of the City Council of the City of Redding rescinding Resolution No. 93-327 as of midnight, April 9, 1994, and establishing a new Executive Management Pay-For-Performance Salary Plan effective April 10, 1994, creating the new classification of Electric Utility Demand-Side Projects Manager and deleting one Electric Utility Demand-Side Management Coordinator position. Electric Department Project Status Report - Quarter Ending March 31, 1994 (A-050-125) It is the recommendation of the Electric Utility Director that the Electric Department's Project Status Report for the quarter ending March 31, 1994, be accepted. Resolution - Authorizing Renewal of Liability Claims Contract (R-100-550-100) It is the recommendation of the Risk Manager to adopt Resolution No. 94-68, a resolution of the City Council of the City of Redding approving an amendment to the Liability Services Agreement between the City of Redding and Gregory B. Bragg & Associates, Inc. renewing the contract for administration for the period April 21, 1994, through April 20, 1995, and authorizing the Mayor to sign on behalf of the City. Resolution - Authorizing Approval of Facsimile Signature Agreement for Workers' Compensation Administration Contract (R-100-950-100) It is the recommendation of the Risk Manager to adopt Resolution No. 94-69, a resolution of the City Council of the City of Redding approving and authorizing the City Treasurer to sign the facsimile signature agreement with First Interstate Bank of California on Account No. 672-0-98038, City of Redding Workers' Compensation Fund '94. Resolution - Approving Supplemental Appropriation for Professional Labor Relations Services *(B-130-070 & P-100-050) It is the recommendation of the Personnel Director to adopt Resolution No. 94- 70, a resolution of the City Council of the City of Redding adopting the 55th Amendment to City Budget Resolution No. 93-239, appropriating $30,000 for labor relations-related consulting services. Award of Bid - Bid Schedule No. 2835, Furnishing and Installing Exhaust System Extraction Systems for Fire Station No.'s 1 and 6 (B-050-100) It is the recommendation of the Fire Chief that Bid Schedule No. 2835, Exhaust Extraction Systems, be awarded to the sole bidder, Air Exchange, Inc., in the amount of $63,372.26. Resolution - Authorizing Purchase of Computer Equipment for Abandoned Vehicle Abatement Program *(B-130-070 & A-010-140) It is the recommendation of the Chief of Police to approve Resolution No. 94- 71, a resolution of the City Council of the City of Redding adopting the 57th amendment to City Budget Resolution No. 93-329, appropriating $16,500 for computer hardware and authorizing the receipt of $16,500 in revenue. Authorization to Enter into Lease Agreement (C-070-100 & A-050-270) It is the recommendation of the Chief of Police that Council approve entering into a five-year rental agreement with Brian Liedig for office space at 1514 Market Street for the Investigations Division. Resolution - Parking at Air Show '94 (P-030-250 & A-090-100) It is the recommendation of the Airports Director to approve Resolution No. 94-72, a resolution of the City Council of the City of Redding prohibiting parking on Airport Road from Rancho Road to Meadowview Drive and on Old Oregon Trail from Rancho Road to the North Gate of the Redding Municipal Airport from 7:00 a.m. to 7:00 p.m., June 25 and 26, 1994. Approval of Request - Exchange Club of Redding to Hold Air Show '94 at Redding Municipal Airport (A-090-100-000) It is the recommendation of the Airports Director that Council approve the Exchange Club of Redding's request to hold Air Show '94 at the Redding Municipal Airport on June 25 and 26, 1994, subject to review by the City Attorney and Risk Manager as to proof of adequate insurance. Resolution - Authorizing Contract Modification (Change Order No. 003) to Professional Services Contract with URS Consultants, Inc. (B-050-100 & S-020-650) It is the recommendation of the General Services Director that Council adopt Resolution No. 94-73, a resolution of the City Council of the City of Redding approving and authorizing the City Manager to sign the following in connection with performing additional tasks related to the Transfer Station Design Project: Authorization and contract for professional services, together with contract modification (change order) 003, between the City of Redding and URS Consultants, Inc. (Account No. 149-557-4941; Contract No. C-3079), to provide additional services by Sharrah, Dunlap, Sawyer, including engineering, surveying, and construction period-services applying largely to the Corporation Yard, in an additional amount not to exceed $67,320. Resolution - Authorizing Contract Modification (Change Order No. 004) to Professional Services Contract with URS Consultants, Inc. (B-050-100 & S-020-650) It is the recommendation of the Director of General Services that Council adopt Resolution No. 94-74, a resolution of the City Council of the City of Redding approving and authorizing the City Manager to sign the following in connection with performing additional tasks related to the Transfer Station Design Project: Authorization and contract for professional services, together with contract modification (change order) 004, between the City of Redding and URS Consultants, Inc. (Account No. 149-557-4941; Contract No. C- 3079), to provide additional services by URS Consultants, Inc. for the Transfer Station Project, in an additional amount not to exceed $70,982.00. Resolution - Budget Amendment re Purchase of Three Transfer Trucks and Trailers (B-130-070 & S-020-650) It is the recommendation of the General Services Director that Resolution No. 94-75 be adopted, a resolution of the City Council of the City of Redding approving the 56th amendment to City Budget Resolution No. 93-329, and appropriating $420,000 for three transfer trucks and trailers for the Solid Waste Transfer/Recycling Facility. Resolution - Authorizing Purchase of Automated Refuse Containers (B-050-100 & S-020-100) it is the recommendation of the General Services Director that Council approve Resolution No. 94-76, a resolution of the City Council of the City of Redding authorizing the purchase of 1,266 automated refuse containers through the City of Fresno's current contract with Toter, Inc., and authorizing the City Manager to execute the appropriate documentation. Resolution - Supporting "Shasta Dixieland Jazz Festival Week" (A-050-060-600) It is the recommendation of the Recreation & Parks Director that Council adopt Resolution No. 94-77, a resolution of the City Council of the City of Redding proclaiming April 3 through April 10, 1994, as "Shasta Dixieland Jazz Festival Week." Resolution - Authorizing the Redding Swim Team to Operate Concession at the Plunge/Caldwell Park (P-050-700-600) It is the recommendation of the Recreation & Parks Director that Council adopt Resolution No. 94-78, a resolution of the City Council of the City of Redding approving entering into a lease between the City of Redding and the Redding Swim Team for its use of the concession stand facility at the Redding Plunge in the Claude H. Caldwell Memorial Park during the 1994 Plunge swimming season, June 11, 1994, through August 28, 1994. Resolution - Authorizing Use of the Redding Plunge (P-050-000) It is the recommendation of the Recreation & Parks Director that Council adopt Resolution No. 94-79, a resolution of the City Council of the City of Redding approving entering into an agreement between the City of Redding and the Redding Swim Team for its use of the Redding Plunge (Swimming Pool) in the Claude H. Caldwell Memorial Park during the 1994 Plunge Swimming Season, June 13, 1994, through August 26, 1994. Resolution - Amending Investment Policy (A-050-060-555 & A-050-100-555) It is the recommendation of the City Treasurer that Council adopt Resolution No. 94-80, a resolution of the City Council of the City of Redding amending Investment Policy No. 408 reflecting the responsibility and action taken in the investment of City funds. Acceptance of Improvements - Use Permit No. UP-5-92, re Redding Medical Center Expansion by National Medical Enterprises (L-010-390) It is the recommendation of the Public Works Director that Council accept, by minute order, the improvements for the reconstruction of Butte Street from Placer Street to Butte Street, and the installation of traffic signals at the intersections of Butte/Continental Streets, Placer/Continental Streets and Placer/East Streets as satisfactorily completed. Approve Design Consultant Selection re Diestelhorst Bridge Replacement Project (S-070-050-100) It is the recommendation of the Public Works Director to approve the selection of Martin & Kane, Inc. for the design of the Diestelhorst Bridge Replacement Project and authorize the Director of Public Works to negotiate the contract, and bring the contract back to Council for review and approval. It is further recommended that if contract negotiations are unsuccessful with Martin & Kane, Inc., the Public Works Director is authorized to conduct negotiations with the next highest ranked consultant until an agreement is reached. Resolution - Authorizing Purchase of Street Sweeper and High Pressure Vacuum Truck for Storm Drain Utility (A-050-300-250 & S-060) It is the recommendation of the Public Works Director to approve Resolution No. 94-81, a resolution of the City Council of the City of Redding authorizing the purchase of one broom-type street sweeper in the amount of $128,425.12 through the City of Hemet's current contract with Nixon-Egli and one high- pressure cleaning/vacuum truck and necessary options therefor totalling $149,431.43 through the County of Alameda's current contract with M.M.E. for the Storm Drainage Utility, and authorizing the City Manager to execute the appropriate documentation. Funds are available from existing equipment financing with United Financial of Illinois, Inc. Approve Payment to Northern California Joint Pole Association - re Relocation of Public Utilities at Corporation Yard Site (B-050-020 & C-050-100-040) It is the recommendation of the Public Works Director that Council approve, by minute order, payment to the Northern California Joint Pole Association in the amount of $54,207.29 for pole relocation work at the intersection of Old Oregon Trail and Viking Way for roadway reconstruction in conjunction with the Corporation Yard site. Resolution - Street Closure for "Kool April Nites," April 16, 1994 (P-030-250 & P-010-050) It is the recommendation of the Public Works Director to adopt Resolution No. 94-82, a resolution of the City Council of the City of Redding pertaining to the 5 P.M. to 10 P.M. closure of Parade Route 1 during the "Kool April Nites" Parade on April 15, 1994; and that costs for providing traffic control be funded from the special events fund. Resolution - Releasing Abatement Proceedings on Property at 2124 Pray Road, owned by H. LeRoy & Rose Davis (A-030-070) It is the recommendation of the City Attorney that Resolution No. 94-83, be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2124 Pray Road, owned by H. Leroy Davis & Rose Davis. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, 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. 94-64, 94-65, 94-66, 94-67, 94-68, 94-69, 94-70, 94-71, 94-72, 94-73, 94-74, 94-75, 94-76, 94-77, 94-78, 94-79, 94-80, 94-81, 94-82, and 94- 83 are on file in the Office of the City Clerk. PUBLIC HEARING - Tierra Oaks Assessment District No. 1993-1 (A-170-050-750) The hour of 7:00 p.m. having arrived, Mayor Arness opened the public hearing re Tierra Oaks Assessment District No. 1993-1. The following documents are on file in the Office of the City Clerk: Paid and Unpaid List - Consent & Waiver Forms Amended Engineer's Report Department of Public Works recommendation dated March 30, 1994 City Clerk Strohmayer stated that no protests had been received. Public Works Director Galusha advised that the Tierra Oaks Assessment District has been formed to acquire the public improvements made within the Tierra Oaks Subdivision. This acquisition assessment district encompasses the Tierra Oaks Golf Course and Subdivision and is supported by all parties with the district. Mr. Galusha recommended that Council conduct the public hearing and approve the resolutions which will allow the underwriter to obtain bids on the assessment district bonds. The bids will be presented to Council for their approval at a later date. It is the recommendation of the Public Works Director that Council adopt the resolutions in conformance with the memorandum of proceedings presented by Bond Counsel. MOTION: Made by Council Member Anderson, seconded by Council Member Moss that the public hearing be closed. The Vote: Unanimous Ayes. Bond Counsel Ana Marie del Rio submitted the following documents for consideration: Resolution - Amending Resolution of Intention to Provide for Acquisition of Completed Improvements MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 94-84 be adopted, a resolution of the City Council of the City of Redding amending resolution of intention to provide for acquisition of completed improvements for Tierra Oaks Assessment District No. 1993-1. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-84 is on file in the Office of the City Clerk. Resolution - Approving Amended Engineer's Report, Levying Assessments and Ordering Acquisition of Completed Improvements MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 94-85 be adopted, a resolution of the City Council of the City of Redding approving Amended Engineer's Report, levying assessments and ordering acquisition of completed improvements for Tierra Oaks Assessment District No. 1993-1. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-85 is on file in the Office of the City Clerk. Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 94-86 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid for the Tierra Oaks Assessment District No. 1993-1. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-86 is on file in the Office of the City Clerk. Resolution - Authorizing Issuance of Bonds MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 94-87 be adopted, a resolution of the City Council of the City of Redding authorizing the issuance of bonds for the Tierra Oaks Assessment District No. 1993-1. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-87 is on file in the Office of the City Clerk. Resolution - Approving Form and Substance of Preliminary Official Statement and Bond Purchase Contract MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Resolution No. 94-88 be adopted, a resolution of the City Council of the City of Redding approving form and substance of Preliminary Official Statement and Bond Purchase Contract, authorizing modifications thereto, authorizing execution thereof, and authorizing related documents and actions for the Tierra Oaks Assessment District No. 1993-1. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-88 is on file in the Office of the City Clerk. PUBLIC HEARING - re General Plan Amendment GPA-8-93, by Ed Berges (1176 Del Monte Street) (G-030-010) The hour of 7:00 p.m., having arrived, Mayor Arness opened the public hearing re General Plan Amendment GPA-8-93. 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 March 23, 1994 City Clerk Strohmayer advised that a written protest was received from Jackie and Frederick Clemens of 1260 Oakdale Lane, Redding. Planning and Community Development Director Perry reported that at its meeting of February 22, 1994, the Planning Commission recommended approval of a request from Mr. Ed Berges to amend the Redding General Plan on property located at 1170 Del Monte Street from "Residential, 9.0 units per acre" to "Residential, 18.0 units per acre." Mr. Berges' property consists of 7.4 acres with three different general plan classifications. It is the opinion of the Planning Commission that the request, which will essentially double the amount of units allowed on the property, is appropriate with the land use of the area. However, increasing the number of units permissible will necessitate the addition of another access road to the area between Del Monte and Industrial Streets. It is the recommendation of the Planning and Community Development Director to approve the General Plan Amendment Application subject to obtaining right-of- way for a street connection between Del Monte and Industrial Streets, authorize the Mayor to sign the agreement on behalf of the City and ratify the negative declaration. Mr. Ralph Plunkett stated that he owns property just east of Mr. Berges' property. Mr. Plunkett advised that he was aware of the current zoning permitting nine units per acre but felt that reclassification to allow 18 units per acre was too much density for the area and expressed his opposition to the reclassification application. Dana Beth Hammacher, 1417 Carter Way, stated that she is a Mistletoe School parent, holds a Masters Degree in biology and instructs wetlands preservation classes at Carter House Museum. Ms. Hammacher testified that during a recent trip to the area, she observed several vernal pools located on the property which qualifies this area as wetlands and worthy of preservation. Ms. Hammacher related that she contacted the Department of Fish & Game and they concur that the area should be preserved as wetlands. Ms. Hammacher cited the California Environmental Quality Act which requires that an Environmental Impact Review be conducted when a question is raised regarding threatened vernal pool communities and valuable watershed property. Ms. Hammacher stated that she had also contacted the Principal of Mistletoe School who expressed an interest in purchasing the property for development as a school and City park which he believes is a more favorable and appropriate use of the property. Ms. Hammacher closed by expressing her opposition to the reclassification and requested that Council carefully reconsider the application. In response to Mayor Arness' question, Mr. Perry related that no specific development plan for the property has been presented to the Planning Department at this time. When a specific development application is submitted, a recognizance of the property would be conducted to determine if the proposal is appropriate and consistent with the area. Mr. Perry advised that staff is aware of the wetlands issue on the property and recalled that the general plan amendment application retains the "greenway" classification along the eastern edge of the property at the location of the drainage ditch and winter ponds. Mr. Perry advised that any development of the property would require an Environmental Impact Review and the expenditure to conduct the wetlands survey would occur in conjunction with the development request. In response to Council Member Moss' question, Mr. Perry stated that a field trip would be conducted to the property and if there are bona fide vernal pools, they would be set aside. Joe Marciano, 1271 Oakdale Lane, stated that his property is located east of the property in question. It is Mr. Marciano's opinion that the best use for this property would be the development of a park. He further related that the property is at the end of a dead-end street and he believes that the traffic generated by the development of an apartment building in the area would be hazardous considering the close proximity of the school and related pedestrian traffic. Mr. Marciano concluded his testimony by expressing his opposition to any development in the area. Tom Shuck, Entrepreneur Realty, stated that he represents the applicant, Mr. Ed Berges. Mr. Shuck reminded Council that the availability of high density property in Redding is very limited and doubts that the wetlands area referred to consists of more than a quarter of an acre. For these reasons, he feels the application should be approved. Mayor Arness determined that there were no other individuals present wishing to speak on the matter, and declared the public hearing closed. In response to Council Member Anderson, Mr. Perry stated that the testimony presented at the public hearing had not changed his recommendation for approval of the general plan amendment application. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, that Council make the following findings re GPA-8-93: 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 November 3, 1993; approve GPA-8-93 in concept, and direct staff to prepare the necessary resolution for adoption. The Vote: Unanimous Ayes. PUBLIC HEARING - re Air Quality Element of Redding General Plan, GPA-1-94 (G-030-010 & R-010-058) The hour of 7:00 p.m., having arrived, Mayor Arness opened the public hearing re the Air Quality Element of Redding General Plan GPA-1-94. The following documents are on file in the Office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated March 22, 1994 City Clerk Strohmayer advised that no protests were received. Senior Planner King reported to Council that the public hearing concerns the adoption of the draft Air Quality Element which involves an amendment to the Redding General Plan. Mr. King related that it is the opinion of staff that the final draft revision will satisfy local, state and future federal requirements for air quality management, and will avoid the loss of the City's share of state and federal funding for transportation and sewer projects which could occur if the City does not implement policies to reduce emissions from new development. Mr. King stated that the draft element does not specifically recommend the adoption of any new ordinances, nor does it suggest new development fees. The element does establish two air quality thresholds for evaluating the impacts of projects that are subject to review under the California Environmental Quality Act. Mr. King reported that City staff is working in cooperation with seven other counties in terms of adopting similar rules, one of which is the air quality element itself. The City of Redding has designed the model for other jurisdictions to consider for adoption and favorable responses have been received from the Planning Commissions of Shasta Lake, Anderson, Shasta County, the Shasta Builder's Exchange, Chamber of Commerce, Shasta Business Council, Shasta Board of Realtors and the Sierra Clubs. Mr. King stated that the Board of Realtors has requested that the element include a policy to include several strategies, basically asking that more planning be conducted regarding land use and circulation planning incorporating air quality needs, and that Strategy No. 5 specifically be included which calls for the removal of "U" Unclassified Zoning and rezoned to more specific zoning. Mr. King stated that the problem with Strategy No. 5 is that specific zoning cannot be done in the near future because of the labor intensive costs involved. Mr. King went on to state that the City will receive annual funding from the Air Pollution Board which will consist of 50% City Council representatives selected by the City Council Select Committee. These representatives will provide input to the Air Pollution Board regarding the administration and allocation of funds. It is the recommendation of staff that Council adopt the element in concept and direct staff to incorporate the recommended policy and strategy additions of the Board of Realtors, and the referenced changes to the computer model. Robert Rehberg, attorney for Mr. Levenson who is proposing the development of a regional mall in the northern Redding area, stated that he felt that the report on the element is both confusing and unintelligible to the public. Mr. Rehberg stated that Mr. Levenson's staff had been assured by City staff that the zoning and the general plan were in place for proceeding with the regional mall. However, under this element, the regional mall would no longer qualify under the general plan without a supplemental Environment Impact Review and some determination of an overriding consideration to allow a variance from this proposed general plan in order to permit the mall to proceed. Mr. Rehberg questioned the reason and need to review the zoning and general plans currently in place for development like the regional mall. Mr. Rehberg stated that the report to Council indicates that the City of Redding will set the guidelines for other areas concerned with the air control plan, and contends that Redding does not have to assume that role. Mr. Rehberg believes that due to the concerns and questions raised this evening, it would be more appropriate to postpone action on this general plan until the three new Council Members are seated at the next meeting. Virgil Weld, Civil Engineer, stated that he too has difficulties with the element in that it creates significant, long-range implications for the new Council Members who have yet to be elected. Mr. Weld felt that the new Council should determine what will take place. Mr. Weld related that his firm (Weld, Brower and Associates) submitted the first air quality analysis to the City developed in conjunction with a project. Mr. Weld stated that unfortunately, it was only recently submitted and is currently under review with the State Air Resources Board, City staff and the Air Quality Maintenance District of Shasta County. Mr. Weld requested that Council continue this item until it can be evaluated with regard to its relationship to this air quality element of the general plan. Michael Kussow, Air Pollution Officer for Shasta County, commended the City Planning staff for the hard work put into preparation of the draft. Mr. Kussow stated that there is a great deal of support for the element because it will establish an equal footing across the board to eliminate local businesses from having to bear the entire load. Mr. Kussow advised that as development comes into the area, an air quality consideration will be made, and the County is satisfied with the effort the draft makes in addressing the issue. Mr. Kussow stated that the County supports the element and believes it is needed, and that the City of Redding should establish a leadership role for other cities and counties to adopt similar elements. Mr. Kussow related that the element contains a great deal of flexibility to afford planning departments the ability to use the guidelines in a way that will custom fit a specific project. The adoption of the draft element as it is presented would not handicap or put undue restrictions on any project. Mayor Arness determined that there were no other individuals present wishing to speak on the matter, and declared the public hearing closed. Council Member Moss expressed his reluctance to defer this to the new Council, and asked that a special meeting be held prior to the seating of the new Council to take action on this matter. Council Member Kehoe asked if Mr. Levenson had been given ample opportunity to review the element. City Attorney Hays responded by advising that both Virgil Weld and Robert Rehberg had appeared at the Planning Commission meeting when this matter was discussed. MOTION: Made by Council Member Moss, seconded by Council Member Anderson, to approve alternative No. 1 to adopt the element in concept and direct staff to incorporate the recommended policy and strategy additions of the Board of Realtors and the referenced changes to the computer model, and bring it back to Council at a special meeting. The Vote: Unanimous Ayes ORDINANCE 2080 - re Amending the Redding Municipal Code Section 2.74.010, Limitation of Terms for city Commissions (B-080-160 & B-080-300) MOTION: Made by Council Member Moss, seconded by Council Member Anderson, that the full reading of Ordinance No. 2080 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. 2080 be adopted, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 2.74, by amending Section 2.74.010 pertaining to limitation of terms; specifically establishing two term maximum appointment on all City commissions. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 2080 is on file in the Office of the City Clerk. COMPENSATION FOR CITY MANAGER AND CITY ATTORNEY (P-100-320 & A-050-050 & A-050-080) Mayor Arness reported that the Council, the City Manager and the City Attorney met in closed session to discuss the matter of compensation for the City Manager and the City Attorney. Council Member Moss stated he felt it was incumbent on the current Council to pass this matter to the new Council. Council Member Moss related that the first order of business for the new Council will be the search for a new City Manager, and compensation modifications at this time would serve only to confuse the issue for the new Council in recruitment for this position. Council Member Moss further stated that he felt the issue of compensation for the City Manager and the City Attorney should be decided concurrently. MOTION: Made by Council Member Moss, seconded by Council Member Anderson, to defer judgement on the issue of compensation for the City Manager and the City Attorney to the new Council. The Vote: Unanimous Ayes RESOLUTION - Endorsing The Turtle Bay Park & Museum Project (C-070-250-250) Council Member Kehoe presented Council with the opportunity to recognize the outstanding work being performed by the Turtle Bay Park & Museum Project. Council Member Kehoe expressed his strong support and recommended Council adopt the resolution. MOTION: Made by Council Member Moss, seconded by Council Member Anderson to adopt Resolution No. 94-90, a resolution of the City Council of the City of Redding supporting the Turtle Bay Park & Museum Project. The Vote was as follows: Ayes: Council Members - Anderson, Kehoe, Moss and Arness Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 94-90 is on file in the Office of the City Clerk SUMMARY REPORT - Joint Meeting of Department Directors of Shasta County and Cities of Shasta Lake, Anderson and Redding (A-050-060-350) City Manager Christofferson reported that on March 23, 1994, city and county department directors met to examine new areas in which the various agencies can function to the increased benefit of the public such as eliminating overlaps, duplications, economies of scale, contracting for services, etc. Mr. Christofferson advised that there were 56 in attendance, and he reviewed the report to City Council dated March 31, 1994, which is incorporated herein by reference. This was an information item only and no action was required. MONTHLY FINANCIAL REPORT (B-130-070) Budget Services Officer Starman provided an overview of the Report to City council dated March 30, 1994, incorporated herein by reference, concerning revenues yielded from the City's largest sources during February 1994; 1) Sales tax revenue for February totaled $1,047,100, a $46,000 (4.2%) decrease compared to this period last year. Mr. Starman stated that the February figure reflects the third advance for the fourth quarter of calendar year 1993, and does not reflect "real" sales tax activity. The March figures will contain information about actual sales tax activity during the fourth quarter of last calendar year. 2) Property Tax revenue for February totaled $270,671, an increase of $270,646 compared to this period last year. 3) Motor vehicle in-lieu fee revenue totaled $454,027, a $228,368 (101.4%) increase compared to February 1993. 4) Transient Occupancy Tax revenue totaled $61,485 for February, a decrease of $23,515 (25.8%) compared to the same period last year which is attributed to late payments. Mr. Starman reported that total revenue to date is $427,217, 2.1% above staff's original cash flow projection and total expenditures to date are $2,103,458, 9.4% below staff's original cash flow projections. This difference can be explained by the shift of street lighting costs to the Electric Utility Fund and the timing of certain capital projects. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, to accept the Monthly Financial Report for February 1994. The Vote: Unanimous Ayes REPORT ON ENTERPRISE COMMUNITY PARK PROJECT FINANCING (D-050-000 & P-050-145) Finance Director Downing recalled that at the March 1, 1994, meeting Council approved construction of the first phase of the Enterprise Community Park in the amount of $2,750,000.00. Ms. Downing related that one million dollars was to come from Park Development revenue, and to fund $750,000.00 with unencumbered proceeds from financing for the Corporation Yard. The balance would be financed through the California Statewide Communities Bond Pool at 6.7% interest. Ms. Downing related that since that time, staff has spoken to Bond Counsel, Orrick, Herrington & Sutcliffe, and they advised that the $750,000.00 of unencumbered financing from the Corporation Yard would not be available until after the project is completed. Ms. Downing advised that because of the cash flow required to fund the park, staff has reviewed two alternatives: 1) The California Statewide Communities Bond Pool for either all or part of Phase I, and 2) Borrowing internally from City funds. It is the recommendation of the Finance Department that Council select alternative No. 1 and utilize the California Statewide Communities Bond Pool to finance an additional $750,000 of the construction costs of the Enterprise Community Park. Council Member Anderson stated that he could foresee no problem in borrowing from City funds, and also suggested the possibility of borrowing from the bank, citing the fact that their interest rate is less than that charged by the Statewide Bond Pool. Council Member Moss reminded Council that in the past, borrowing internally to fund projects had not been repaid. However, provided there is a guaranteed repayment within a year, Council Member Moss stated he would support borrowing internally and thereby save the interest fees. MOTION: Made by Council Member Anderson, seconded by Council Member Moss to borrow from internal funds with repayment at an interest rate equivalent to what is being earned at the bank at this time. The Vote: Unanimous Ayes. ANNEXATION - Background Report & Analysis re Annexation 89-5, Buckeye Area (A-150-211-000) Associate Planner Morgon recalled that at the meeting of December 7, 1993, the City Council directed staff to prepare a background report and analysis regarding Annexation 89-5, Buckeye area. The report was to include a history of the annexation and options available for Council's consideration concerning providing City services to the area. The report to Council dated April 5, 1994, is incorporated herein by reference. It is the recommendation of staff that unless Council wishes to allow annexation without formation of a Mello-Roos district, or permit the extension of City services without annexation, that Council direct staff to submit a withdrawal request to LAFCO and to terminate proceedings for Buckeye Annexation 89-5. It is further recommended that Council authorize the refund of $1,560.00 in annexation fees to Mr. LaBella. Tony Labella, developer of Lake Keswick Estates and applicant for Buckeye Annexation 89-5, contended that his property is contiguous with the City limits and should be annexed. Mr. Labella advised Council that in a conversation with Public Works staff in 1984, he was informed that City policy required the installation of an oversized sewer pipe to take into consideration the land around his property which may be annexed at a later date. Mr. Labella stated, however, after extensive research of City files, he and City staff are unable to find any documentation to substantiate this. Mr. Labella further related that because he has complied with requirements imposed by the City with regard to the sewer line, his property should be annexed. Mayor Arness clarified that City policy has always required installation of a sewer pipe large enough to serve all property geographically tributary to the property to be annexed. Mayor Arness related that the problem is not the size of the sewer pipe, but that the property must be annexed into the City before it can receive City services and annexation requires a Mello-Roos district. Robert Rehberg, attorney for Tony Labella, explained that a boundary for the regional sewer system was the product of a federal grant to identify the area which generated the grant. Mr. Rehberg stated that because of the unique circumstances surrounding Mr. Labella's property, he is requesting Council overrule their decision to deny annexation without a Mello-Roos district, and believes this would not create a precedence-setting situation. Council Member Moss recalled that Council set a policy not to permit further annexation without the income in place to recover the cost of providing City services. Council Member Moss related that he felt strongly that Council should not change policy on this matter, and that simple economics demands that those who want to annex must provide the City with adequate resources to provide services to that area. Council Member Kehoe concurred with Council Member Moss, and stated that if Mr. Labella was willing to underwrite all costs associated with annexation and formation of a Mello-Roos District consistent with City policy, he could see no reason not to proceed with the annexation process. Associate Planner Morgon advised that it may not be possible to create a boundary acceptable to LAFCO. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, to accept alternative No. 1 requiring annexation and formation of a Mello-Roos District and requiring Mr. LaBella to enter into an agreement with the City regarding payment of all fees and staff costs associated with processing the annexation and establishing a Mello-Roos District. The Vote: Unanimous Ayes POLICY PERTAINING TO DISPOSITION OF REAL PROPERTY (A-050-060-555 & C-070-200) Planning and Community Development Director Perry recalled that several months ago, Council Member Dahl requested staff to develop Council Policy on real estate commissions relative to the City's disposition of real property. The report dated March 28, 1994, is incorporated herein by reference. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson that the item be continued until such time as Council Member Dahl can be present. The Vote: Unanimous Ayes. OFFER TO EXCHANGE CITY OWNED LAND FOR CONSTRUCTION OF A PORTION OF BUENAVENTURA BOULEVARD (C-070-200 & S-070-100-065) Planning and Community Development Director Perry recalled that in October of 1990, Council directed staff to explore the possibility of an exchange of City lands for construction of a portion of Buenaventura Boulevard between Placer and Canyon Creek Roads. Mr. Perry reported that the proposal was put on hold pending completion of plan-line studies and an environmental impact report to resolve environmental issues and provide an opportunity for public input. Mr. Perry related that the engineer's estimate to extend Buenaventura Boulevard to the canyon is approximately $1,200,000.00 for a two-lane road. The surplus property in question has been created into a separate parcel, and a 1990 appraisal valued the property at $864,000.00. The current market value is unknown. Mr. Perry reported that Mr. Edgren has indicated a willingness to consider other City-owned surplus property to equalize values. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson to direct staff to prepare an agreement for consideration by the Council and that the agreement be prepared in an expeditious manner so the project can proceed without delay. In addition, an update of the 1990 appraisal on the property should be obtained due to the fact that land prices have been more volatile than road construction costs. The Vote: Unanimous Ayes. OFFER TO PURCHASE SURPLUS PROPERTY AT 2439 SONOMA STREET (C-070-200) Planning and Community Development Director Perry reported that Wells, Wingate, Small, Selke and Graham (WWSS&G) propose acquiring City-owned surplus property located at 2439 Sonoma Street to construct offices and for future office expansion. It is the recommendation of staff that the City advise WWSS&G that the City is prepared to enter a Purchase Agreement based on the terms and conditions outlined in the report to City Council dated April 5, 1994. MOTION: Made by Council Member Anderson, seconded by Council Member Moss, to advise Wells, Wingate, Small, Selke and Graham that the City is prepared to enter into a Purchase Agreement based on the terms and conditions outlined for property located at 2439 Sonoma Street in the amount of $389,500.00 cash, net of a $20,500.00 real estate brokerage fee to be paid by WWSS&G. The Vote: Unanimous Ayes. AIR QUALITY GRANT AND STAFFING ((G-100) Planning and Community Development Director Perry recalled that on December 7, 1993, Council directed staff to accept a $50,000.00 grant to perform air quality work for the City. Mr. Perry related that the Regional Transportation Planning Agency (RTPA) is now requiring state-mandated traffic congestion and air quality items, tied to transportation funds which must be submitted to the RTPA no later than June 30, 1994. Mr. Perry explained that of the work items required, the gas tax funds in the amount of $1,200,000.00 are at risk because the law requires that these funds be withheld until compliance is achieved. Mr. Perry stated that in order to accomplish the tasks related to implementation of the Air Quality Element and reporting mandates, 1,000 staff hours per year will be required. Mr. Perry related that in the early stages of the program, the Planning Department lost two Assistant Planners, resulting in a compressed workload on remaining staff. In order to free a Senior Planner or Associate Planner with the experience to handle the analytical work involved in this program, it will be necessary to transfer some of their current workload. It is the recommendation of staff that Council approve the addition of a staff person to perform the work that has been dropped or deferred, in order to free a Senior Planner or Associate Planner to perform the work associated with the Air Quality Grant. Council Member Anderson pointed out that since the grant has been accepted, there are few available options. Council Member Kehoe requested that priority for the hiring to fill the position be given to existing City employees, including part-time employees, who are qualified for the position prior to recruiting outside. MOTION: Made by Council Member Anderson, seconded by Council Member Moss to add a staff person to alleviate the compressed workload thereby freeing a Senior or Associate Planner to perform the work related to the Air Quality Grant. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 9:13 p.m., Mayor Arness declared the meeting adjourned. APPROVED: Mayor Arness ATTEST: City Clerk