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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-04-04 City Council, Regular Meeting Council Chambers 1313 California Street Redding, California April 4, 1995 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Leonard Wingate. The Invocation was offered by Pastor Steve Weatherbee of the Little Country Church. The meeting was called to order by Mayor 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, City Attorney Wingate, Director of Electric Utility Lindley, Director of Public Works Galusha, Administrative Services Director Starman, Acting Director of Planning and Community Development Keaney, Director of General Services Masingale, Superintendent Wastewater Craig, Director of Information Systems Kelley, Management Assistant to City Manager Bachman, City Treasurer Linville, Purchasing Officer Roberts, Resource Recovery Manager Roach, City Clerk Strohmayer and Assistant City Clerk Moscatello. RESOLUTION - Sixth Annual Kool April Nites Car Show (A-050-060) MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson that Resolution No. 95-90 be adopted, a resolution of the City Council of the City of Redding supporting the Sixth Annual "Kool April Nites" Car Show and Competition. 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. 95-90 is on file in the office of the City Clerk. Kool April Nites representative Bill Drumm thanked City Council for supporting the Kool April Nites Car Show and Competition and presented them with commemorative shirts and hats. He also thanked City staff for their help. Mr. Drumm invited Council to participate in the parade. Mr. Bill Evanhoe stated that the proceeds from Kool April Nites will go to the Turtle Bay Museum and Park, and he expressed his thanks for their support of the museum. PRESENTATION OF PLAQUE - Recreation and Parks Commissioner Peggy Parker (B-080-350) Mayor Anderson presented a plaque to retired Recreation and Parks Commissioner Peggy Parker. Mayor Anderson thanked Ms. Parker for serving on the commission. Ms. Parker noted that serving on the commission was a learning experience and she thanked City Council for the plaque. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes Special Meeting of January 7, 1995; Adjourned Special Meeting of January 9, 1995; Special Meeting of January 12, 1995; Special Meeting of January 17, 1995; Regular Meeting of January 17, 1995; Special Meeting of January 31, 1995; Adjourned Regular Meeting of February 4, 1995; Regular Meeting of February 7, 1995; Special Meeting of February 21, 1995, and Regular Meeting of February 21, 1995 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 18, check numbers 217831 through 218444 inclusive, in the amount of $2,308,016.49, for the period March 21, 1995, through March 30, 1995, be approved and paid, and Payroll Register No. 20, check numbers 396278 through 396970 inclusive, and electronic deposit transaction numbers 217831 through 23493 totaling $1,185,646.19 for the period March 12, 1995, through March 25, 1995, be approved. TOTAL: $3,493,662.68 Treasurer's Report - February, 1995 (A-050-100-600) Total Treasurer's Accountability - $64,052,759.21 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $211,124,618.55 Cash Reconciliation Report - February, 1995 (F-205-095-650) It is the recommendation of the Director of Finance that the Cash Reconciliation Report for February, 1995, be accepted. Ordinance 2116 - Rezoning Application RZ-1-95, by Don Lynn (Forest Homes Subdivision) (L-010-230) Adoption of Ordinance 2116, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-1-95) rezoning property to "R1" Single-Family Residential District. Ordinance 2118 - Unclaimed Bicycles or Toys (P-150-150) Adoption of Ordinance 2118, an ordinance of the City Council of the City of Redding adding Section 11.32.080 to the Redding Municipal Code, authorizing the use of unclaimed bicycles or toys for the prevention of juvenile delinquency. Shasta Mosquito and Vector Control District (A-150 & L-010-140) It is the recommendation of the Assistant City Manager to support the expansion of the Shasta Mosquito and Vector Control District to include urban and urbanized areas around the City in order to control mosquitos. Enterprise Community Park/Evergreen Building (P-050-145, D-050-430-010 & R-100) It is the recommendation of the Director of Finance to provide internal financing for the Enterprise Community Park and refinancing of the Evergreen Building at the Municipal Airport at an interest rate of 6% from the Risk Management Fund insurance reserve. Resolution - Executive Management Pay-for-Performance Salary Plan (P-100-320, A-050-050 & A-050-300) It is the recommendation of the Administrative Services Officer that Resolution No. 95-91 be adopted, a resolution of the City Council of the City of Redding establishing a new executive management pay-for- performance salary plan for unrepresented employees effective March 12, 1995, to delete the classification of Civil Engineering Associate and amend the salary of the City Attorney. Set Public Hearing - re Rezoning Application RZ-3-95 by City of Redding (South of Cypress Avenue between Heather Lane and Oxford Road) (L-010-230) It is the recommendation of the Acting Director of Planning and Community Development that a public hearing be set for 7:00 p.m., April 18, 1995, to consider Rezoning Application RZ-3-95, a request to rezone property from "U" Unclassified District to "R3-40" Multiple Family Residential District. Award of Bid - Bid Schedule No. 2905, Restoration of Fire Damaged Metal Building No. 2 at Redding Power (B-050-100 & E-120-150) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2905, (Job No. 9220) be awarded to the low bidder, JRL Contractors, in the amount of $350,000.00 for repair of the fire damaged building, including building modifications. and authorize the City Manager to approve change orders up to an amount not to exceed $35,000.00. Electric Department Project Status Report - Quarter Ending March 31, 1995 (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, 1995, be accepted. Resolution - Agreement with California Highway Patrol (S-070-100-707) It is the recommendation of the Public Works Director that Resolution No. 95-92 be adopted, a resolution of the City Council of the City of Redding approving entering into a letter of agreement between the City of Redding, the Redding Redevelopment Agency, and the California Highway Patrol for construction zone traffic control services on the South Bonnyview/Interstate 5 Interchange project, and authorizing the Mayor to sign the agreement. Resolution - Abatement of Property at 929 Fell Street, owned by Great Western Savings (previously owned by Bob McNeil and Tammie McNeil) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 95-93 be adopted, a resolution of the City Council of the City of Redding approving the Report and Findings of the Board of Appeals, and ordering the abatement of the unsafe and unsightly building(s) and debris on the property at 929 Fell Street, owned by Great Western Savings, a Federal Savings and Loan Association (previously owned by Bob M. McNeil and Tammie McNeil). Resolution - Summarily Vacating Air Easement at Enterprise Airpark (A-010-040) It is the recommendation of the City Attorney that Resolution No. 95-94 be adopted, a resolution of the City Council of the City of Redding summarily vacating the public use easement or right-of-way granted to the City of Redding with the recording of an air easement from Donald Lynn and Darlene Lynn on May 21, 1993, in Book 3006 at Page 65, Shasta County Records; Document No. 22138. MOTION: Made by Council Member McGeorge, 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, Murray and R. Anderson Noes: Council Members - None Absent: Council Members - None Ordinance Nos. 2116 and 2118 and Resolution Nos. 95-91, 95-92, 95-93 and 95-94 are on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - re Abandonment Application A-9-94, by Caryn Rhoads (East of Twin View Boulevard, west of Salt Creek and north of Oasis Road) (A-010-100) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing regarding A-9-94. The following documents are on file in the office of the City Clerk. Affidavit of Posting - Notice of Continued Public Hearing City Manager recommendation dated March 21, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning and Community Development Director Keaney stated that City Manager Warren met separately with property owners, Rhoads and Levenson, to facilitate a compromised road alignment. Subsequently, staff drafted a compromised road alignment which both property owners have accepted. The agreement results in a floating road easement being removed from much of the Rhoad's property and moving the road alignment as far to the east as possible on the Levenson property. In addition, Mr. Levenson has also agreed to share floodplain and stream-channel containment information with the Rhoads, and Mr. Weld, Levenson's engineer, has offered to help the Rhoads apply for a stream-encroachment permit as long as he is still working for the Levensons. It is the recommendation of staff to approve the abandonment application. Council Member McGeorge commended City Manager Warren for helping to resolve this matter amicably. Mayor Anderson declared the public hearing closed. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that Resolution No. 95-95 be adopted, a resolution of the City Council of the City of Redding ordering the vacation of that certain unimproved right-of-way for street purposes on property located east of Twin View Boulevard, west of Salt Creek and 900 feet north of Oasis Road (A-9-94). 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. 95-95 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-4-95, Mountain Lakes Industrial Park, by City of Redding (L-010-230 & S-100-495) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing regarding RZ-4-95. 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 15, 1995 City Clerk Strohmayer advised that no protests were received. Council Member McGeorge stated that he will abstain from discussing and voting on this matter. Acting Planning and Community Development Director Keaney stated that the Planning Commission recommended rezoning portions of the Mountain Lakes Industrial Park from "PI" Planned Industrial District and "U" Unclassified District to "M-2" Industrial Park and making minor modifications to the existing site-plan-review criteria. Mr. Keaney explained that this would expand the possible uses allowed within the Industrial park; however, those uses with the most potential impact would require a use permit. Furthermore, the requirement for a use permit would be eliminated in most cases; but, site-plan review, which is faster than processing a use permit, would still be necessary. It is the recommendation of staff that rezoning the Industrial Park be approved as recommended by the Planning Commission. Mayor Anderson declared the public hearing closed. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that Council make the following findings regarding Rezoning Application RZ-4-95: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on March 8, 1995. The Vote: Unanimous Ayes with Council Member McGeorge abstaining. Council Member P. Anderson offered Ordinance 2119 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-4-95). MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2119 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member McGeorge abstaining. PUBLIC HEARING - re Amendment to Chapter 18.46, Site Plan Review (L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing regarding Site Plan Review. 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, 1995 City Clerk Strohmayer advised that no protests were received. Council Member McGeorge stated that he will abstain from discussing or voting on this matter. City Manager Warren stated that the public hearings relative to Rezoning Application RZ-4-95 and Site Plan Review pertain to streamlining permit processing. Mr. Warren explained that changes in this permitting process have been developing over the last several years and coupled with these proposed and future changes, over 50% of zoning permits will be streamlined and more uses will be permitted outright. He emphasized there will be less paperwork, not lower standards or requirements. Acting Planning and Community Development Director Keaney stated that the Planning Commission recommended revising the Site Plan Review Combining District. Mr. Keaney explained that the Commission and staff have noticed a duplication of effort and the proposed amendments would streamline the permit process. Permits would be approved by the Planning Director within five days of submittal, a hearing would not be required, and notification of adjacent property owners would not occur. He added that site-plan-review criteria will be adequately reviewed by staff for each affected project. It is the recommendation of staff that the proposed amendments be approved. Mayor Anderson declared the public hearing closed. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Council make the following findings regarding Amendments to Municipal Code Chapter 18.46, "F" Combining District--Site Plan Review: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and ratify the Negative Declaration authorized by the Board of Administrative Review on March 8, 1995. The Vote: Unanimous Ayes with Council Member McGeorge abstaining. Council Member Kehoe offered Ordinance 2120 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 18.46 entitled "F" Combining District--Site Plan Review. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2120 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member McGeorge abstaining. PUBLIC HEARING - re Planned Development Application PD-3-94, Shasta Hills Estates, by Redwood Investors (West of Churn Creek Road and Golden Gate Trail intersection) (L-010-211-002) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing regarding PD-3-94. 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 March 15, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning and Community Development Director Keaney stated that the Planning Commission recommended a proposal to rezone and subdivide 15.56 acres to create a 67-unit, single-family residential planned development which would be combined with the existing 100-unit Shasta Hills Estates. Mr. Keaney explained that Phase 1 of Shasta Hills Estates (PD-4-86) was completed; however, the remaining lots were never recorded and the "PD" zoning and tentative map expired. Redwood Investors took ownership of the property and is proposing that 27 lots be added to the original Phase 1 and a new Phase 2 with 40 lots be created. Mr. Keaney reviewed the issues relating to traffic, recreational amenities, RV storage and design and construction of residential structures. Due to the proposed planned development being previously approved as part of the original Shasta Hills Estates in 1986 and the new project being viewed as a logical extension of the existing planned development, it is the recommendation of staff that the application be approved. Council Member Murray said it was his understanding that subdivisions must have a secondary access, and he asked where that access is. Mr. Keaney conveyed that there is a gate through the RV storage area; and in the long term, there will be an emergency vehicle connection for future residents. Mr. Keaney explained that this subdivision was approved prior to those standards being established; and based on the area's topography, it is doubtful if another access can be built. Council Member Murray said it was his belief that this was a new application because the old application expired. Mr. Keaney said that is correct, but the old subdivision has essentially landlocked the proposed new development and it will be difficult to develop this property other than through the already established Planned Development. He said this phase will not be developed if secondary access is required because the topography does not permit access until the adjoining area is developed. Council Member P. Anderson asked if a road could be built on the south end. Mr. Keaney explained that there is a ridgetop on the south and east side of the property. Council Member Murray asked what the policy is on secondary access. Mr. Keaney conveyed that dead end streets in excess of 800 feet are required to have a secondary access. Mayor Anderson asked if staff is asking Council to make an exception to the policy, and Mr. Keaney replied yes. Council Member Murray stated that it would set a precedent, and Mr. Keaney noted that Council has the authority to make those decisions in the future. Assistant City Manager Perry noted that the access to which Council Member P. Anderson referred could be built when the ridgetop is developed. At this time, the area on the other side of the ridgetop is not developed and any street extension must tie back into Churn Creek Road. He recalled a similar exception when the Fire Marshall approved oversized cul de sacs and large turn bubbles as a mitigation measure. Mr. Perry stated that it meets the spirit of the policy and it can be a condition in future policy. Council Member Kehoe asked what mitigation is being proposed at this time absent secondary access. Mr. Keaney said there is a condition to require a turn around at the end of stub streets and there will be a loop road to eliminate a dead end. Council Member Kehoe asked if there was any discussion relative to secondary access before the Planning Commission. Mr. Keaney stated that staff conveyed that secondary access would be from the future stub and existing stub streets. He said there was no discussion by the Planning Commission. Jordan Taylor, 1397 Chaos Walk, stated that he is representing Redwood Investors. Mr. Taylor stated that the item was not discussed in great detail since City staff viewed this application as a technicality since the project had been approved before. He said it is important for the Council to recognize that if access off the back of the property is required as a condition of approval, it will make this phase undevelopable. Mr. Taylor noted that they do not own that property and there are floodplain problems. Mr. Taylor opined that access on the north end of the property, from the existing entrance into the property, and the future access off Brokeoff Walk for emergency access would be adequate. Mr. Taylor stated that they are only asking for tentative map approval for Phase 2 at this point, and it will be built sometime in the future. Mayor R. Anderson asked if there is adequate turnaround in the cul de sac and at the end of the stub street. Mr. Keaney conveyed that under current construction, there is no turn around; however, new construction will be required to extend the street and a cul de sac will be built to Fire Department standards. Council Member McGeorge asked if the Fire Department provided input. Mr. Keaney stated that staff informed the Fire Department that this was essentially the same project that had been originally approved. A separate meeting on this project was not held, but all maps and conditions of approval were sent to the Fire Department prior to the Planning Commission meetings. Council Member McGeorge suggested that input from the Fire Department be sought. Council Member Murray asked what the street widths in the planned development are and if the cul de sacs are less than normal width. Mr. Keaney conveyed that a planned development is 32 feet curb to curb and a normal subdivision street is 40 feet curb to curb. The radius of the cul de sac would be 45 feet which is the same as a normal subdivision. Mayor Anderson declared the public hearing closed. Council Member Murray said he is concerned about whether or not the Fire Marshall looked into this and considered mitigations necessary for a dead end street of this length. Mayor R. Anderson questioned if there is an urgency to move ahead on this project. Council Member Kehoe said he is not prepared to act until there is a written report from the Fire Chief on the safety aspects of this project. He said he is interested in seeing specific mitigation measures by the Fire Chief in writing; and if he has no concerns, that should be in writing also. City Manager Warren agreed with City Council members and stated that given the concerns expressed by Council, staff should meet with the Fire Marshall and look at this project from a fresh perspective. Mayor Anderson reopened the public hearing. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to continue the public hearing regarding Planned Development Application PD-3-94, Shasta Hills Estates, by Redwood Investors, to April 18, 1995. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-2-95, by Art Hild (2559 Oxford Road and 1561 East Cypress Avenue) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing re RZ-2-95. 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 22, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning and Community Development Director Keaney stated that the Planning Commission recommended approval to rezone property from "RM-9" Multiple-Family Residential District to "R3-40" Multiple-Family Residential District. The purpose of the request is to provide additional off-street parking areas behind the Redding French Bakery and Hild Auto Body. The RM-9 designation does not provide for parking lots for adjoining commercial use and all the other RM zoning designations allow parking under a use permit. If a parking lot is not built, the R3 zoning allows for the same density as the existing RM-9 zoning. It is the recommendation of staff to approve the rezoning application. Mr. Keaney stated that with proper review of the use permit, a parking lot in that location may provide a transition between existing commercial uses and the residential uses to the south. Council Member Murray asked why staff is not recommending that the character of the "RM-9" zoning be changed by ordinance to allow parking lots. Mr. Keaney stated that the development of the RM zone was developed specifically for what is generally called the Magnolia neighborhood and to provide a multi-family zone that would encourage consolidation of parcels and private redevelopment of parcels to multi-family use. When that plan was developed and this zoning code followed, there were concerns to not allow further encroachment of parking into the Magnolia neighborhood. It provides a multi-family zone that would specifically not allow for parking. Council Member Murray asked if it still makes sense. Mr. Keaney responded that it is logical for an area like Magnolia. Mayor Anderson declared the public hearing closed. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that Council make the following findings regarding Rezoning Application RZ-2-95: 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 February 15, 1995. The Vote: Unanimous Ayes. Council Member McGeorge offered Ordinance 2121 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-2-95). MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2121 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes OFFER TO SELL PROPERTY by Jerry and Helen Kelley, 9787 Abernathy lane (C-070-010) Assistant City Manager Perry conveyed that Jerry and Helen Kelley have offered to sell three acres of land improved with a double wide mobile home to the City. Their asking price is $260,000.00 and they have indicated they would not be willing to accept fair market value for the property should it be less than the asking price. Mr. Perry stated that possible uses could include land to accommodate a sports complex, City facilities, expansion of the transfer station or extension of the detention basin to the north of the property. He added that the property should be acquired in the long term; but in the short term, there is no immediate use for the property. Mr. Perry pointed out that this property was appraised at $140,000 when right-of-way for Abernathy Lane was acquired. Therefore, it is the recommendation of staff that an offer to purchase be subject to an MAI appraisal, a general plan consistency determination, environmental review and a phase 1 study. Mr. Perry stated that there is no need to spend money on an appraisal unless both parties are willing to work toward a fair market value. He said that could take the form of a purchase agreement where the City and owner would both accept the appraised value of the property. Council Member P. Anderson asked when the appraisal was prepared, and Mr. Perry stated that it was approximately 18 months ago. Council Member Murray asked what could be done if the City entered into a contract with the seller to sell the property at the MAI appraised value and the City disagreed with the value. City Attorney Wingate stated that if the contract adequately expresses what the consideration on each side is and there are no intervening circumstances entitling the seller to change their position, they would be bound to the terms of the contract. Council Member Murray asked why the City pays for an appraisal when people offering to sell property approach the City unsolicited. Mr. Perry said it is the City's option, but the City has done it principally from a public relations standpoint. He pointed out that in this case, the City has been encroaching into the area. He conveyed that most acquisitions are requirements to a City project, and the City wants to ensure that the appraisal is done by an MAI appraiser. Council Member Murray said he has no interest in buying this property unless an ironclad contract can be written obligating the seller to perform on the sale at the appraised value. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that the purchase of property at 9787 Abernathy Lane, owned by Jerry and Helen Kelley, would be contingent upon entering into a contract obligating the seller to perform on the sale at the appraised value and subject to an MAI appraisal, a general plan consistency determination, environmental review and a phase 1 study. The Vote: Unanimous Ayes PROPERTY LINE ADJUSTMENT - Relative to Option Agreement with Signature Northwest (Southeast corner of Placer Road and Buenaventura Boulevard) (C-070-200) Assistant City Manager Perry recalled that Council authorized an option agreement with Signature Northwest for the sale of approximately eight acres of surplus land. Mr. Perry stated that prior to undertaking the appraisal process, it was determined there was a surveying error in the southeast area of the parcel. It is the recommendation of staff to adjust the property line by deleting .37 acres of the landfill in the southeast corner and add a 1.25 acre area in the northeast area. A 15- foot non-building public service easement would be retained along the eastern property line to accommodate a future gas extraction line. If Council concurs, staff will return at a future meeting with an amendment to the Option Agreement. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to adjust the property line as proposed, undertake the appraisal based on the amended boundary, and return at a future meeting with an amendment to the Option Agreement with Signature Northwest for property at the southeast corner of Placer and Buenaventura. The Vote: Unanimous Ayes OFFER TO SELL PROPERTY - 2357 Abernathy Lane, owned by Dr. Brent V. Collins (C-070-010) Assistant City Manager Perry conveyed that Dr. Collins has inquired if the City would be interested in acquiring 20 acres of unimproved land fronting Tarmac Road. Mr. Perry stated that possible uses include additional land for the sports complex, other City facilities or expansion of the transfer station. He added that the property would be a nice addition, but not at a high cost; and based on past purchase prices in the area, the estimated cost would be approximately $100,000.00. Mr. Perry noted that the property should be reviewed to determine if a wetlands determination is necessary. The action staff would take to pursue acquisition of the property was outlined. Council Member Murray stated that he is interested in preparing the environmental assessment to determine the amount of wetlands in advance of the appraisal. He noted that the amount of wetlands should be considered in the valuation of the property. Mr. Perry agreed and stated that it does affect the value of the property. He explained that it could be structured in the agreement, and staff would follow up with an option agreement to be considered by Council. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to authorize staff to prepare a purchase offer for property located at 2357 Abernathy Lane at the fair market value, seek a determination by the Planning Commission that acquisition is consistent with the Redding General Plan, determine if the property is free of environmental hazards and would be delivered to the City free and clear of all encumbrances, obtain an appraisal and environmental assessment, review the property to see if a wetlands determination is necessary, and develop a financing plan for Council's consideration. The Vote: Unanimous Ayes MONTHLY FINANCIAL REPORT - February 1995 (B-130-070) Administrative Services Officer Starman reviewed the Monthly Financial Report for February, 1995, which is incorporated by reference herein. Mr. Starman outlined actual revenues and expenditures relative to the City's general fund. Council Member P. Anderson noted under the heading, Revenue from the Use of Money and Property, investment income is 316% over projections. Mr. Starman conveyed that the bulk of that may be related to revenue associated with the Tax and Revenue Anticipation Note. He said that number may be a gross number and may change when there is interest expense. Mr. Starman said he will research that for City Council. MOTION: Made by Council Member McGeorge, seconded by Council Member P. Anderson to accept the Monthly Financial Report for February, 1995. The Vote: Unanimous Ayes LICENSES FOR OFF-SALE ALCOHOL SALES (A-110-140) Acting Director of Planning and Community Development Keaney stated that a letter was received from the State Department of Alcoholic Beverage Control (ABC) outlining amendments to the State Business and Professions Code resulting in changes to the City's role in issuance of liquor licenses. The new Code now requires ABC to deny a liquor license if either of two legislatively defined criteria exist: overconcentration and high crime. The denied applicant may then appeal to a local government to find that issuing the license would serve public convenience and necessity. It is the recommendation of staff that the responsibility be delegated to staff; but, an ordinance be prepared to incorporate an appeals procedure to the Planning Commission or the Council. Council Member Kehoe asked if ABC included a definition of public convenience and necessity in their letter. Mr. Keaney replied no. Noting that Section 123958 mentions an applicable fee, Council Member Kehoe asked what percentage of that fee the City receives for being the first level of appeal. Mr. Keaney said it was his belief that the City would set up its own fee schedule for appeals. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to delegate the responsibility to hear appeals for denial of alcoholic beverage licenses to staff, direct staff to prepare an ordinance to incorporate an appeals procedure to the Planning Commission or the City Council and write a letter to the Department of Alcoholic Beverage Control informing the agency of Council's intent. The Vote: Unanimous Ayes. RESOLUTION REJECTING BID SCHEDULE 2900 - One Paper Sorting System for Transfer Facility (B-050-100 & S-020-550) General Services Director Masingale recalled that the City solicited bids from ten vendors for the purchase of a paper sorting system for the new Transfer Station. Staff approximated the cost at $175,000 and the sole bidder, Gifford Construction, submitted a bid for $247,691. It is staff's belief that the system can be negotiated on the open market to obtain a more favorable price. It is the recommendation of staff to reject the bid and authorize the City Manager to negotiate on the open market. Council Member Murray said he is concerned about how the City is defining the purchase of property. He explained that this purchase is called a public works project; therefore, it is subject to requirements not necessary for the outright purchase of a piece of equipment. Council Member Murray suggested that this process be reexamined because costs are being driven up by the terminology being used, and a system for buying equipment should be put in place that does not require the City to define a purchase as a public works project because it has to be assembled on-site. Purchasing Officer Roberts said it was her understanding that it is a public works contract if the purchase is going to be assembled or fabricated on-site, if electric facilities will be installed or structures built to set it on. Ms. Roberts said an option may be to buy the product, have it shipped, and then assembled by the appropriate licensed contractor. City Manager Warren recommended that Council accept the staff recommendation and direct the City Attorney and City Manager to return with options or a recommended proposal for a City-wide policy. City Attorney Wingate stated that Ms. Robert's statement is pretty accurate, and he also pointed out that there are minimum amounts required to go out for bid. City Attorney Wingate stated that staff will give Council a definitive dividing line and the terms under which a contractor's license is required. In response to Council Member Kehoe's question, Mr. Wingate stated that public works and purchasing contracts are defined under State and case law. MOTION: Made by Council Member McGeorge, seconded by Council Member Murray, that Resolution No. 95-96 be adopted, a resolution of the City Council of the City of Redding rejecting the sole bid for a paper- sorting system for the new Transfer Facility (Bid Schedule 2900); declaring that the system may be acquired in the open market at a price more favorable to the City; and authorizing the negotiation thereof and the execution of the necessary documentation by the City Manager; and directing the City Manager and City Attorney to research options and make a recommendation for a City-wide policy relative to the dividing line between Public Works construction bids and purchasing bids. 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. 95-96 is on file in the office of the City Clerk. CITY SEWER MAINTENANCE POLICY (W-020-575) City Manager Warren reviewed the Report to City Council dated March 30, 1995, which is incorporated by reference herein, outlining issues raised by Frank Coughlin relative to designation of ownership and maintenance responsibilities for individual house connection sewer pipes from homes to the City's sewer main located in the street. Mr. Warren stated that the question is whether Council believes the City has the obligation, legal or otherwise, to maintain the private sewer in the public right- of-way. Frank Coughlin, 1863 Keystone Court, stated that he disagrees with the staff report. Mr. Coughlin conveyed that he called the California State Office of Planning and Research for information about the subdivision map act. He said Section 66477.1 states that when the legislative body approves the final map, it shall also accept, subject to improvement, or reject any offer of dedication, and the Clerk of that legislative body shall certify to the action taken by the legislative body. Mr. Coughlin stated that the State office said the local agency must specifically state on the map if it is going to accept or reject anything on the map. Mr. Coughlin noted that a local jurisdiction cannot subvert the subdivision map act by its ordinances. Mayor Anderson asked Mr. Coughlin if he would change the City's policy if it would increase the cost of a new home. Mr. Coughlin said the cost would be minimal. He stated that City policy contradicts State law, and the City should bring its ordinance into compliance with State law. Mr. Wingate noted that Mr. Coughlin has probably done a detailed review of this matter; however, the subdivision map act relates to offers for dedication and offers of easements, not offers for physical pipelines. He explained that the purpose of offering street right-of-way for dedication is to convey interest in real property as opposed to attempting to transfer the obligation to maintain the sewer line. Mayor Anderson recommended that staff research the matter and report back in two weeks. Council Member Murray pointed out that the City Manager's report states that the City's policies are appropriate. Council has a number of options and it needs to resolve this issue. Mayor Anderson said he is willing to act on this tonight if the City Attorney is comfortable that the City is not in violation. Mr. Wingate stated that he does not think he will find anything that will change his position; but, he is willing to research the issue. He explained that the State does not have jurisdiction in this matter. He added that the City has a series of ordinances that have been interpreted in a certain manner for a long time and that in itself is looked upon by the courts, if litigated, as a deciding factor. Council Member Kehoe said it is appropriate for the City Attorney to follow up on Mr. Coughlin's comments and share his findings; however, it is time to make a decision. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, to maintain the status quo relative to maintenance of private sewers in the public right-of-way; and the City Attorney will research the State's position relative to City practice and the Subdivision Map Act. Voting was as follows: Ayes: Council Members - Kehoe, McGeorge, Murray, and R. Anderson Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - P. Anderson ORDINANCE - Recreation-Related Documents (R-006) City Attorney Wingate stated that to simplify the agenda approval process, he recommended that the Director of Recreation and Parks be authorized to execute recreation-related agreements of a routine nature. The types of agreements would be instructor agreements, swim club agreements and budget-approved funding to youth organizations connected to sports and recreation activities. It is the recommendation of the City Attorney that Council introduce the ordinance for first reading and waive the full reading of the ordinance. Council Member Murray offered Ordinance 2122 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 2.56 relating to Recreation and Parks. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, that the full reading of Ordinance 2122 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes LETTER FROM SECO MANUFACTURING COMPANY (A-050-300-400) City Clerk Strohmayer stated that a letter was received from Seco Manufacturing Company expressing its appreciation to the Wastewater Division for their help in enabling Seco Manufacturing to meet its wastewater compliance efforts. ADJOURNMENT There being no further business, at the hour of 8:45 p.m., Mayor Anderson declared the meeting adjourned. APPROVED: ____________________________ Mayor ATTEST: ________________________________ City Clerk