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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-01-031 01/03/95 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California February 21, 1995 7:00 p.m. The Pledge of Allegiance to the flag was lead by Interim City Attorney Calkins. The invocation was offered by Sister Margaret Welsh, Mercy Medical Center. The meeting was called to order by Mayor R. Anderson with the following Council Members present: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson. Also present were City Manager Warren, Assistant City Manager Perry, Director of Public Works Galusha, Director of Electric Utility Lindley, Chief of Police Blankenship, Fire Chief Bailey, City Treasurer Linville, Administrative Services Director Starman, Director of Community Services Gorman, Director of Finance Downing, Acting Planning Director Keaney, Director of General Services Masingale, Director of Parks and Recreation Riley, Director of Information Systems Kelley, Director of Personnel Bristow, Airports Director Perry, Director of Utilities/Customer Service Vokal, Transportation Coordinator Duryee, Associate Planner Morgon, Management Assistant to City Manager Bachman, Assistant City Clerk Moscatello, City Clerk Strohmayer, and Secretary to the City Council Rudolph. RESOLUTION - re Appreciation of services of Samuel S. McMurry to the City of Redding upon the occasion of his retirement (A-050-080) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Resolution No. 95-044 be adopted, a resolution of the City Council of the City of Redding in appreciation of the services of Samuel S. McMurry to the City of Redding upon the occasion of his retirement. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-044 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register 14, for the period January 17, 1995 through January 31, 1995, check numbers 215673 through 216283 inclusive, in the amount of $4,567,194.92, and Accounts Payable Register 15, for the period February 2, 1995, through February 10, 1995, check numbers 216284 through 216592 inclusive, in the amount of $1,406,325.56 be approved and paid and Payroll Register 15, check numbers 392352 through 393106 inclusive, and electronic deposit transactions numbers 22480 through 22681, totaling $1,302,848.63, for the period of January 1, 1995, through January 14, 1995, and Payroll Register 16, check numbers 393107 through 394057, and electronic deposit transaction number 22682, totaling $1,206,122.65, for the period January 15, 1995, through January 28, 1995, be approved. TOTAL: $8,482,491.76 Resolution - Appropriating funds and authorizing development of video tape for Southeast Asian Community Awareness Program (A-050-060) It is the recommendation of Council Member Murray that Resolution No. 95-045 be adopted, a resolution of the City Council of the City of 2 01/03/95 Redding approving and adopting the 47th amendment to City Budget Resolution No. 94-199 (1) appropriating $23,620 for a Southeast Asian Community Awareness Program; and (2) authorizing the receipt of $10,000 in revenue. Transaction Listing - Items between $5,000 and $25,000 approved by the City Manager for 4th Quarter 1994 (B-050-100) It is the recommendation of the Director of Finance that the City Council accept the transaction listing of purchases between $5,000 and $25,000 approved by the City Manager for the period October 1995 through December 1995. Temporary Water Service Agreement - with Redding Rancheria (W-030-500) It is the recommendation of the Director of Planning and Community MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, and R. Anderson Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Murray Resolution Nos. 95-002, 95-003, 95-004, 95-005, 95-006, 95-007, and 95- 008 are on file in the Office of the City Clerk. PUBLIC HEARING - re Reduction in the Downtown Mall Parking and Business Improvement Area Assessment (M-010-200-050) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the proposed reduction in the Downtown Mall Parking and Business Improvement Area Assessment. 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 Staff recommendation dated December 29, 1994 City Clerk Strohmayer advised that no protests were received. City Clerk Strohmayer explained that the Parking and Business Improvement Area (PBIA) assessment is a special benefit district tax which generates approximately $40,000 annually to fund advertising, decorations, music, and general promotion of retail trade activities in the Downtown Mall. With the Downtown Mall Association's proposed 20 percent reduction in assessments, revenue would drop to approximately $32,000 a year. The City's ordinance requires that the revenue must be used for those express purposes set forth in Redding Municipal Code Section 6.18.160(c) as indicated above. Any change in the rate of assessment or uses for which the revenue shall be utilized must be approved by the City Council. Ms. Strohmayer explained that when the Parking and Business Improvement Area District was created in 1971, with approximately 100 business located therein. In contrast, there are now about 50 merchants subject to the assessment due primarily to the change in the composition of the occupants. Coupled with the existing vacancies, eighteen public agencies, non-profit organizations, and exempt businesses have since replaced those who contributed to the benefit district. It is the recommendation of staff that the City Council approve the request and offer the necessary ordinance for first reading, thereby reducing the Downtown Mall Parking and Business Improvement Area Assessment by twenty percent effective April 1, 1995. This reduction would have no fiscal impact on the City, as the City would continue to charge a $2,000 administrative fee. 3 01/03/95 Council Member Kehoe questioned whether there was a downside risk to the City if the City Council were to disestablish the PBIA. Ms. Strohmayer related that while there is no downside risk to the City, disestablishment of the PBIA probably would negatively affect the mall merchants because it would remove the guarantee that the assessment could be collected. In response to Mayor R. Anderson, Ms. Strohmayer explained that the Downtown Mall was created and formed using redevelopment funds. The City of Redding, therefore, had a vested interest in the public mall and viewed the PBIA as a method of providing businesses an opportunity to flourish. Chuck Zink, 800 August Way, President of the Downtown Mall Association, indicated that the PBIA provided for funds being collected from businesses in equal amounts, rather than just a few contributing to the advertising and promotion of the Downtown Mall. He noted that the monies collected have permitted the installation of a sound system, promotions, advertising, Christmas decorations, etc. He stated that the majority of the square footage tenants within the Downtown Mall have voted to reduce the PBIA assessment by 20 percent. This request came as a result of property owners assessing their tenants the additional 36 cent per year assessment which resulted from the formation of the Midtown Mall Benefit Assessment District to pay for cleaning, electrical, heating, cooling, etc. throughout the mall. He, therefore, requested that the City Council approve the request to reduce the PBIA assessment by 20 percent. Mayor R. Anderson asked whether the Downtown Mall Association preferred that the City of Redding remain involved in the collection of the PBIA assessment. Mr. Zink stated that if the City were to disband the assessment district, the activities and functions previously seen in the Downtown Mall would not occur. Many of the tenants in the Downtown Mall would not willing continue to pay the assessment. Mayor R. Anderson determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to approve the request of the Downtown Mall Association to reduce the Parking and Business Improvement Area Assessment by 20 percent effective April 1, 1995. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2107 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Section 6.18.170 by repealing Subsections A through I, and adding new Subsections A through I pertaining to the Parking and Business Improvement Area Rates of Tax, by reducing said rates 20 percent. PUBLIC HEARING - re Rezoning Application RZ-11-94, by the City of Redding (Property within Ridge Point Estates Subdivision) (L-010-230) Principal Planner Keaney stated that the Planning Commission, at its meeting of December 13, 1994, recommended approval of a proposal to rezone property located within the Ridge Point Estates Subdivision to "R1-BFM" Single-Family Residential District. Mr. Keaney explained that the current "R1-B15" zoning is not consistent with development in the County. This development occurred after the adoption of the prezoning, but before the annexation. As a result, a buyer or builder would look at existing homes and assume 20-foot front yards and 5- or 10-foot side yards are permissible. In addition, several lots have steep slopes at the rear of the parcels that would have difficulties with the larger front-yard setbacks in the "R1-B15" zone. Based on these concerns, staff requested the Planning Commission to reexamine the zoning. The alternatives are to enforce setbacks more restrictive than the County or process a number of variance applications. 4 01/03/95 It is the recommendation of both the Planning Commission and staff that the City Council ratify the Negative Declaration, approve the rezoning of the property to "R1-BFM" Single-Family Residential District with lot minimums and setbacks per the recorded map, and offer the ordinance for first reading. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, that Rezoning Application RZ-11-94 be approved as recommended and the City Council make the following findings: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and ratify the Negative Declaration authorized by the Planning Commission on December 13, 1994. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2108 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "R1-BFM" Single-Family Residential District (RZ-11-94). PUBLIC HEARING - re Annexation 94-1, Oasis Road Area (A-050-250) The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding Annexation 94-1, Oasis Road Area. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated January 3, 1995 City Clerk Strohmayer advised that no protests were received. Associate Planner Morgon explained that the Shasta Local Agency Formation Commission (LAFCO), at its meeting of December 1, 1994, approved Annexation 94-1, Oasis Road Area, and designated the City Council as the agency for the conducting authority proceedings. He stated the annexation consists of 239.86 acres located west of Interstate 5 and Randolph Road, and north of Oasis Road. The reason for the annexation is to receive City services, primarily sewer, to accommodate planned residential development. Since the annexation has 100 percent support, it is the recommendation of staff that the City Council adopt the resolution ordering the boundary change. Mayor R. Anderson determined there was no one present wishing to speak on the matter and closed the public hearing. Assistant City Attorney Calkins advised the City Council that he made minor modifications to the resolution in order for it to conform with the Local Agency Formation Commission law. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 95-009 be adopted, a resolution of the City Council of the City of Redding ordering territory designated as "Annexation 94-1, Oasis Road Area" annexed to the City of Redding. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-009 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Denial of Variance Application V-13-94, by Donald Nelson (7051 Riverside Drive) (L-010-410) 5 01/03/95 The hour of 7:00 p.m. having arrived, Mayor R. Anderson opened the public hearing regarding the appeal of denial of Variance Application V- 13-94. 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 December 27, 1994 City Clerk Strohmayer noted that a letter dated January 2, 1995, was received from Donald Nelson. Principal Planner Keaney provided an overview of the Report to City Council dated December 27, 1994, incorporated herein by reference. He also provided the City Council with a copy of Redding Municipal Code Section 18.47, with the sections referenced by Mr. Nelson in his letter of January 2, 1995, highlighted. Mr. Keaney stated that the City Council previously upheld an appeal of an variance, allowing some fill in the floodplain, and further modified the setbacks to allow a home closer to the river. This action followed a City Council field trip to the site during which all five City Council Members directed staff to prepare a modified line of fill and setback consistent with the neighboring house to the north. Both the City Council and staff were under the impression that Dr. Nelson agreed to the modifications. The City Council also eliminated Condition 4 of the use permit, which required dedication of a small area of Dr. Nelson's property to encourage future public access to the river. During the August 16, 1994, City Council meeting, Dr. Nelson objected to the City Council's action. Mr. Keaney explained that on October 24, 1994, Dr. Nelson submitted a new variance request (V-13-94) wherein he proposes to construct a portion of his home on piers and is no longer proposing to place additional fill in the floodplain. The current request would set a house approximately ten feet closer to the river than the setback approved by the City Council. Mr. Keaney indicated that the new variance application covers two items: 1) The basic request, which is to allow residential construction in the floodplain, is prohibited under City Code unless a variance is first received. Section 18.47.070(a) requires a minimum setback of 30 feet from the 100-year floodplain. The City Council previously approved a 15- to 22-foot setback based on an adjusted floodplain line. The difference between what the City Council has approved (with a combination of new fill and reduced setbacks) and what Dr. Nelson is now requesting is a building approximately ten feet closer to the river without fill, but within the 100-year floodplain; and 2) Section 18.47.110 requires submittal of a hydraulic assessment for the proposed encroachment. Obtaining relief from the study also requires a variance. Mr. Keaney stated that any approval for a variance must be consistent with Redding Municipal Code Section 18.47.190. In particular, Section 18.47,190(g)(3) requires that variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. In addition, should the City Council decide to uphold the appeal, it must make the following findings: 1) A showing of good and sufficient cause such as renovation, rehabilitation, or reconstruction. Variances issued for economic considerations, aesthetics, or because variances have been used in the past, are not good and sufficient cause; 2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense; create nuisances; cause fraud on or victimization to the public; or conflict with existing local laws or ordinances. It is the opinion of both the Planning Commission and staff that the City Council's approval in August, 1994, provided Dr. Nelson adequate relief to allow residential use of the property. It is also staff's 6 01/03/95 opinion that the necessary findings are not in evidence. It is the recommendation of both the Planning Commission and staff that the appeal be denied. Mr. Keaney noted that if the City Council denies the latest request, Use Permit UP-17-94 and Variance Application V-4-94, approved by the City Council, would still be in effect, thereby, allowing Dr. Nelson the ability to proceed with use of his property. Dr. Nelson also has the option to construct a house with a smaller footprint than proposed. In response to Council Member Murray, Mr. Keaney related the lot's buildable area is in excess of 5,000 square feet. However, the way the leach field is situated, it creates a very irregular shape for anything he proposes to do. Mayor R. Anderson determined there was no one present wishing to speak on the matter and closed the public hearing. Council Member Murray asked the City Attorney to determine if the contents of Dr. Nelson's letter would preclude the City Council from denying the appeal. Assistant City Attorney Calkins related that it is the responsibility of the City Council to weigh the evidence which is before it. As the owner of the property is not present, he assumed the evidence was contained in Dr. Nelson's letter. He opined there was not sufficient evidence to affirm the appeal. In response to Council Member P. Anderson, Mr. Calkins believed Dr. Nelson's interpretation of Redding Municipal Code Section 18.47.190(d)(g)(2)(5) to be incorrect. In response to Mayor R. Anderson, Mr. Keaney explained that the City's well is located on the other side of Riverside Drive. State Health Law, which requires leach fields to be set back from the well, has forced Dr. Nelson's leach field farther back on the property, thereby, constricting the area between the leach field and the river. Dr. Nelson does not want to pursue the placement of his residence in front of the leach field. In response to Council Member McGeorge, Mr. Keaney depicted Dr. Nelson's proposed modifications to the leach field in relation to its current location. In response to Council Member P. Anderson, Mr. Keaney explained that the Redding Municipal Code requires a hydraulic assessment to be completed for any encroachment into the floodplain. Any deviation from this requirement, requires a variance. With regard to the Variance Application previously approved, the Planning Commission had recommended approval to waive the hydraulic assessment as the amount of encroachment is incrementally small in relation to the size of the river and its flows. He stated that the hydraulic assessment is not an issue of this particular hearing. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to deny the appeal relative to Variance Application V-13-94, by Donald Nelson. The Vote: Unanimous Ayes ORDINANCE NO. 2105 - re Rezoning Application RZ-10-94, by Dennis Mihalka (375 and 381 Parkview Avenue) (L-010-230) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2105 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 P. Anderson, that Ordinance No. 2105 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 7 01/03/95 City of Redding to "CO-F-FP" Office District, with Site Plan Review and Floodplain Combining Districts (RZ-10-94). Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Ordinance No. 2105 is on file in the office of the City Clerk. ORDINANCE NO. 2106 - re Rezoning Application RZ-8-94, by Bob Roesner (Southeast corner of Shasta View Drive and Goodwater Avenue) (L-010-230) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2016 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Ordinance No. 2106 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 "CO-B15-F" Office District. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Ordinance No. 2106 is on file in the office of the City Clerk. AMENDMENTS TO CHAPTER 6.32 OF REDDING MUNICIPAL CODE - VEHICLES FOR HIRE (T-100-150 & T-100-500) Budget Services Officer Starman provided an overview of the Interim City Manager's Report to City Council dated December 29, 1994, incorporated herein by reference, concerning possible amendments to Chapter 6.32 of the Redding Municipal Code regarding vehicles for hire. Mr. Starman explained that in accordance with Redding Municipal Code Chapter 6.32, owners of taxicabs, limousines, and other vehicles for hire are required to obtain an owner's permit, which requires the owner to: 1) demonstrate public convenience and necessity require the operation of his/her service; 2) pay a business license fee; and 3) submit a financial statement. Mr. Starman indicated that staff has reviewed Chapter 6.32, and it is staff's opinion that all of the provisions in Chapter 6.32 are necessary to protect the public, with the exception of Section 6.32.030, which requires an applicant for an owner's permit to demonstrate public convenience and necessity. To the extent the City Council concludes that issues of this nature should be determined by the "market," staff believes that Section 6.32.030 could be repealed with little or no impact on the public. The only significant consequence that staff could foresee would be a possible "taxi war." However, as long as other safeguards are maintained, such a "war" could actually result in better service in the long-run. If the City Council determines that issues such as this should be determined by the market, it should direct the City Attorney to amend Chapter 6.32 of the Redding Municipal Code as appropriate. Mr. Starman indicated that notices regarding this proposed change were sent to all affected businesses owners. He noted that he had been contacted by Redding Yellow Cab expressing a fear that "taxi wars" would occur if the City were to repeal its ordinance. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, directing the City Attorney to prepare an ordinance for consideration which repeals Redding Municipal Code Section 6.32.030, as well as other applicable sections to make the issuance of vehicle for 8 01/03/95 hire permits a purely administrative function. The Vote: Unanimous Ayes MONTHLY FINANCIAL REPORT - November 1994 (B-130-070) Budget Services Officer Starman provided an overview of the Report to City Council dated December 29, 1994, incorporated herein by reference, which detailed the Monthly Financial Report for November 1994. Mr. Starman explained that subsequent to the preparation of the Report to City Council, staff learned Shasta County has been withholding a portion of the City's property tax revenue to offset against booking fees owed by the City. The property tax figure reflected in the report is, therefore, only a net figure. Mr. Starman stated that overall the budget is tracking as expected and no adjustments are necessary at this time. Mr. Starman indicated that the amendments to the Monthly Financial Report which the City Council requested are in the process of being made. The report which will compare actual expenditures and revenues to budgeted figures should be available for the December 1994 report. The report which updates the cashflow projections to reflect reappropriations and supplemental appropriations should be completed in time for the January 1995 report. Mayor R. Anderson inquired whether the City was paying Shasta County for booking fees. Mr. Starman stated that the City typically pays the booking fees, however, Shasta County is contending the City is three months in arrears. Staff is currently in the process of researching the matter. Council Member Murray asked who was responsible for withholding the funds. Mr. Starman stated that the Auditor-Controller's Office is responsible for withholding the funds. In response to Council Member P. Anderson, Mr. Starman stated that he would report back to the City Council on the issue of the County withholding the City's property tax revenue. RESOLUTION - re Option Agreement Concerning Surplus City Property at the Southeast Corners of Placer Street and Buenaventura Boulevard with Signature Northwest (C-070-200) Principal Planner Keaney recalled that the City Council, at its meeting of September 6, 1994, directed staff to prepare an option agreement regarding surplus property at the southeast corner of Placer Road and Buenaventura Boulevard. He explained that the option agreement is for ten months and is also the purchase agreement should Signature Northwest exercise the option. It is the recommendation of staff that the City Council adopt a resolution approving the Option Agreement with Signature Northwest regarding surplus City property at the Southeast corners of Placer Road and Buenaventura Boulevard. Council Member Murray referred to Paragraph 3.1 of the Option Agreement which stated: "Upon execution of this agreement by both parties, the Optionor shall order an MAI appraisal on the property." He asked whether the appraisal would be based on Buenaventura Avenue being completed, to which Interim City Manager McMurry responded in the affirmative. Council Member Murray suggested that language be added to Paragraph 3.1 of the Option Agreement which requires the MAI appraisal to be based on the completion of Buenaventura Boulevard. Council Member Murray referenced Paragraph 3 of the Purchase Agreement which states: "Payment for the Option shall be applied toward the purchase price of the Property, and Buyer shall receive a credit at the closing equal to the amount paid for the Option." He requested that this be amended so that those monies paid do not include any monies 9 01/03/95 associated with extensions. If this is not amended, he said it will not ultimately cost the buyer anything to obtain an extension. Mayor R. Anderson concurred with Council Member Murray's proposed recommendation. Council Member Murray further recommended that Paragraph 7 of the Purchase Agreement be changed to require that how title shall be taken be specified in the agreement prior to execution of the Option Agreement. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that Resolution No. 95-10 be adopted, a resolution of the City Council of the City of Redding approving entering into an option to purchase real estate between the City of Redding as Optionor and the Signature Northwest Partnership as Optionee covering the property identified as Parcel 2 of LS-12-93 recorded March 10, 1994, in Book 30 of Parcel Maps at Page 72, Shasta County Records, with the following changes: a) Section 3.1 of the Option Agreement - add language to require the MAI appraisal to be based on the completion of Buenaventura Boulevard; b) Section 3 of the Purchase Agreement should be modified so that those monies paid do not include any extension monies paid; and c) Section 7 of the Purchase Agreement shall specify how title shall be taken prior to the execution of the Option Agreement. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-10 is on file in the office of the City Clerk. ROAD CONSTRUCTION AND REIMBURSEMENT AGREEMENT FOR BUENAVENTURA BOULEVARD RESOLUTION - Appropriating Funds * (B-130-070 & S-070-100-065) Director of Planning and Community Development Perry recalled that the City Council, at its meeting of December 6, 1994, considered implementing an agreement between Signature Northwest and the City which would accomplish the construction of Buenaventura Boulevard between Placer Road and Highway 273. The agreement is based on Signature Northwest building the road to City specifications and then being reimbursed the cost of the road with a contribution of surplus land and payment of money. The project was referred to the Redding Redevelopment Agency to determine if the Agency would fund a larger portion of the Bonnyview Road interchange project in order to free up traffic impact fee funds currently committed to that project. It is the recommendation of staff that the City Council authorize proceeding with the project and make the necessary budget amendments to allocate traffic impact fee funds. If the City Council concurs, the Council should, pursuant to Sections 15090 and 15091 of the California Environmental Quality Act, find that the City Council considered the information in Final EIR-2-92 and that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. Once these findings are made, it is recommended that the City Council adopt the necessary budget resolution. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to authorize proceeding with the Buenaventura Boulevard construction project and to make the following findings pursuant to Section 15090 and 15091 of the California Environmental Quality Act, that the City Council has considered the information in Final EIR-2-92 and that changes or alterations have been required in or incorporated into the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. The Vote: Unanimous Ayes MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Resolution No. 95-011 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 34th amendment 10 01/03/95 to City Budget Resolution No. 94-199 adjusting accounts in the Traffic Impact Fee Capital Division. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-011 is on file in the office of the City Clerk. RESOLUTION - Approving Boundary Map for Annexation 94-1, Oasis Road Area, Mello Roos District Formation; RESOLUTION SETTING PUBLIC HEARING - Intention to Annex Territory to Community Facilities District CFD 1992-1 (A-170-035-001 & A-150-250) Associate Planner Morgon explained that the Shasta Local Agency Formation Commission (LAFCO) approved Annexation 94-1, Oasis Road Area. The annexation comprises 239.86 acres and is located west of Interstate 5 and Randolph Road, and north of Oasis Road. The purpose of the annexation is to receive City services, primarily sewer, to serve future residential development. Mr. Morgon indicated that in accordance with the Agreement entered into between the City and applicants, the next step in the annexation process is formation of the Mello-Roos district. Rather than creating a separate Mello-Roos district for each new annexation, it is the recommendation of staff that annexing territory also annex to Community Facilities District (CFD) 1992-1. One advantage of this is that under current law inflationary adjustments to the special tax are limited to two percent per year. However, CFD 1992-1 was formed prior to the two percent limit being established and the tax can be adjusted annually to a maximum of four percent. Any annexations to CFD 1992-1 are also subject to the four percent limit. Mr. Morgon stated that in order to proceed with the annexation to CFD 1992-1, it will be necessary to take the following actions: 1) adopt a resolution approving the boundary map; 2) adopt a resolution of intention to annex territory to CFD 1992-1; and set a public hearing for February 14, 1995. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 95-12 be adopted, a resolution of the City Council of the City of Redding approving Annexation Map No. 2 of Community Facilities District No. 1992-1, City of Redding, County of Shasta, State of California, annexing territory known as Annexation 94- 1, Oasis Road Area. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-12 is on file in the office of the City Clerk. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 95-13 be adopted, a resolution of the City Council of the City of Redding of intention to annex territory, known as Annexation 94-1, Oasis Road Area, to Community Facilities District No. 1992-1 and to levy a special tax, and set a public hearing for 7:00 p.m., February 14, 1995. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-13 is on file in the office of the City Clerk. RESOLUTION - re Update of Metro Report/Economic Development Administration Technical Assistance Grant (A-050-250-190) 11 01/03/95 Principal Planner Keaney recalled that earlier this year, staff submitted an application to the Northwest Economic Adjustment Initiative Program (Option 9) to determine if the City could get funding to update the Redding Metro Report. The report would encompass portions of four counties around Redding. The proposal was for $36,000 with a $5,000 local match. Mr. Keaney indicated that in response to the proposal, the City has been invited to apply for a technical assistance grant from the Economic Development Administration (EDA) with the following stipulations: 1) The report would cover the Redding Metropolitan area within Shasta County; 2) The grant would be for $25,000 with a local match of $8,374; 3) The report would include inserts on the Redding Municipal Airport Business Park and the Gateway Industrial Park in the City of Shasta Lake; and 4) Redding would form an advisory group to review the report to make sure it meets the needs of the target audience, people and business the City wants to attract to Redding and Shasta County. The deadline to submit an application for 1995 funding is January 31, 1995. It is the recommendation of staff that the City Council authorize staff to submit an application to EDA. In response to Council Member P. Anderson, Mr. Keaney stated that staff is essentially viewing the local match as staff time. Council Member Murray supported updating the Metro Report and broadening it to include other areas. He did not, however, want to broaden it to include areas which are being covered by the Economic Development Corporation (EDC), and suggested that staff coordinate the report with the EDC. Interim City Manager McMurry explained that staff has and will maintain a role in the preparation of the City's Metro Report. The EDA will place certain limitations on the City, but are providing additional funding to promote the Airport Industrial Park Site. In response to Council Member Murray, Mr. McMurry explained that one of the EDC's ongoing roles is to identify potential businesses to recruit to the area and the needs of existing businesses. Council Member Kehoe questioned why a separate advisory body was needed, when such organizations as the Greater Redding Chamber of Commerce or the Shasta County EDC could be utilized. Mr. McMurry did not believe any existing groups would meet the requirements established by the EDA. He indicated that staff is willing to proceed in the formation of an advisory group for this purpose. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to approve Alternative No. 3 and adopt Resolution No. 95-014, a resolution of the City Council of the City of Redding authorizing the City Manager to apply to the Economic Development Administration for funding to update the Redding Metro Report. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-014 is on file in the office of the City Clerk. ORDINANCE - Adding Enterprise Community Park to Municipal Code Relative to Park Hours and Prohibited Activities (P-050-145) Assistant City Attorney Calkins stated that with the development of Phase I of the Enterprise Community Park, it is necessary to amend the Redding Municipal Code to add the Enterprise Community Park to the City park system with respect to park hours and prohibited activities. Signs could then be posted as to hours of park use, thereby assisting the security services and Police Department in their respective enforcement efforts. 12 01/03/95 It is the recommendation of staff that the City Council offer the necessary ordinance for first reading. Council Member Kehoe offered Ordinance No. 2109 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 10.20, Public Parks - Prohibited Activities, specifically the addition of Enterprise Community Park. RESOLUTION - Public Convenience and Necessity Regarding Acquisition of Real Property Interests for Abernathy Lane/Tarmac Road Right-of-Way Project (Marvin Barton, Jr., Owner) (C-070-010 & C-050-100-040 & S-020-650) Assistant City Attorney Calkins explained that the City Council is being requested to consider a Resolution of Public Convenience and Necessity to initiate eminent domain proceedings with regard to the property owned by Marvin Barton, Jr. This action represents continued acquisition activity in order to provide for the right-of-way for the construction of the Corporation Yard and Solid Waste transfer station. To date, the land owner has not indicated a desire to appear before the City Council. Mr. Calkins stated that the City Council must determine if public interest and necessity require the project; the project is planned or located in a manner that would be most compatible with the general public good and the least private injury; and the property sought to be acquired is necessary for the project. He cautioned that questions regarding the amount of compensation to be paid are not part of this proceeding and should not be considered in determining whether a Resolution of Public Convenience and Necessity should be adopted. It is the recommendation of staff that the City Council adopt the Resolution of Public Convenience and Necessity at this time. Marvin Barton, Jr., 9885 Salmon Creek Road, indicated that he did not oppose progress. He stated that his comments are not relative to the acquisition of the property, but the proceedings which will occur at a later date. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson, that Resolution No. 95-015 be adopted, a resolution of the City Council of the City of Redding finding that public convenience and necessity require the acquisition for road purposes a fee interest in a portion of real property owned by Marvin Barton, Jr., commonly referred to as Assessor's Parcel Number 109-030-21, for the Abernathy Lane/Tarmac Road Right-of-Way Project. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, McGeorge, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Resolution No. 95-015 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Notice from Federal Energy Regulation Commission on filing by Portland General Electric Company re service agreement with Gulf Energy, Ltd. (E-120-050) Notice from Federal Energy Regulation Commission of filing amendments by Washington Water Power Company (E-120-050) Notice of filing for change in electric, gas and pipeline expansion project rates by Pacific Gas & Electric (S-050-350) PUBLIC COMMENT (T-100-150 & T-100-500) Gary Murphy, 12607 Williamson Court, suggested that the City poll other cities with similar population densities as to the regulation of taxicab owner's permits. He did not believe that the remaining code sections would address problems arising from the City's deregulation of taxicab 13 01/03/95 owner's permits. He indicated that "taxicab wars" are not something the City would want to occur. He explained that "scab cabs" come in and work the optimum hours and days and do not have the overhead of an established taxicab company. He noted that Redding Yellow Cab processed approximately 400 calls on New Year's Eve with average response times of 15 to 30 minutes. He stressed that the efficiency of the City's current taxicab service can be attributed to the City's regulations. In response to Mayor R. Anderson, Interim City Manager McMurry indicated that staff would advise the taxicab companies when the ordinance would be considered by the City Council. Council Member P. Anderson requested staff to poll other cities to ascertain how many had need and necessity ordinances. Nancee Brezina, President of Redding Yellow Cab, stated that the major question revolves around quality versus quantity. She stressed that Redding Yellow Cab strives to ensure a high caliber 24-hour service. She noted that a 24-hour service has high overhead associated with vehicle maintenance. She indicated that Redding Yellow Cab has 12 approved permits, however, the market only requires the operation of 7 vehicles at this time. No action was taken on this item. ADJOURNMENT There being no further business, at the hour of 8:13 p.m., Mayor R. Anderson declared the meeting adjourned. APPROVED: ________________________________ Mayor ATTEST: ______________________________ City Clerk