HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-04-181
04/18/95
City Council, Regular Meeting
City Council Chambers
1313 California Street
Redding, California
April 18, 1995 7:00 p.m.
The Pledge of Allegiance to the flag was led by City Attorney Wingate.
The invocation was offered by Pastor Benjamin Pent, Westside Church.
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,
City Attorney Wingate, Director of Public Works Galusha, Director of
Electric Utility Lindley, Acting Planning Director Keaney, Chief of
Police Blankenship, Electric Utility Resources Manager Coleman, Fire
Chief Bailey, Director of Administrative Services Starman, Assistant
City Attorney Calkins, Public Works Operations Manager Russell, Director
of Information Systems Kelley, Assistant Director-General Services Kohn,
Associate Planner Morgon, City Clerk Strohmayer, and Secretary to the
City Council Rudolph.
RESOLUTION
- Supporting the "10th Annual Vocal Jazz & Show Pop Festival"
(A-050-060-600)
MOTION: Made by Council Member McGeorge, seconded by Council Member P.
Anderson, that Resolution No. 95-097 be adopted, a resolution of the
City Council of the City of Redding supporting the "10th Annual Vocal
Jazz & Pop Show Festival."
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. 95-097 is on file in the office of the City Clerk.
Mayor R. Anderson presented Jim Lamanna, representing the Redding Area
Variety Entertainment Society (R.A.V.E.S.), with a framed resolution
commemorating their anniversary.
Mr. Lamanna thanked both the City and members of the community for their
support the past ten years.
REORGANIZATION OF CITY COUNCIL
- Selection of Mayor and Vice Mayor
(A-050-060)
MOTION: Made by Council Member McGeorge, seconded by Council Member
Murray, to appoint Vice Mayor Kehoe to the office of Mayor for a one-
year term expiring April 1996. The Vote: Unanimous Ayes
Mayor Kehoe requested nominations for the office of Vice Mayor.
MOTION: Made by Council Member R. Anderson, seconded by P. Anderson, to
appoint Council Member McGeorge to the office of Vice Mayor for a one-
year term expiring April 1996. The Vote: Unanimous Ayes
Council Member R. Anderson expressed appreciation to the City Council
for the honor of serving as Mayor the past year.
The City Council presented Council Member R. Anderson with a plaque
expressing appreciation for his exceptional leadership, vision,
dedication, and service provided to the residents of Redding during his
term as Mayor.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent
Calendar:
Approval of Payroll and Accounts Payable Register
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04/18/95
(A-050-100-500)
It is recommended that Accounts Payable Register 19, for the period
April 4, 1995, through April 13, 1995, check numbers 218445 through
218924 inclusive, in the amount of $2,769,011.78, and Payroll Register
21, check numbers 396971 through 397688 inclusive, and electronic
deposit transactions numbers 23494 through 23704, totaling
$1,192,224.55, for the period March 26, 1995, through April 8, 1995, be
approved.
TOTAL: $3,961.236.33
Ordinance No. 2117
- re Third Level of 1959 Survivor Benefits relative
to employees in the International Association of Fire Fighters AFL-CIO
Local Union 1934
(P-100-050-050 & P-100-230)
It is recommended that Ordinance No. 2117 be adopted, an ordinance of
the City Council of the City of Redding authorizing an amendment to the
contract between the City Council of the City of Redding and the Board
of Administration of the California Public Employees' Retirement System
to provide third level of 1959 survivor benefits to employees covered by
the Memorandum of Understanding with the International Association of
Fire Fighters AFL-CIO Local Union 1934.
Ordinance No. 2121
- re Rezoning Application RZ-2-95, by Art Hild (2559
Oxford Road & 1561 E. Cypress Avenue)
(L-010-230)
It is recommended that Ordinance No. 2121 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 "R3-40" Multiple-Family Residential
District (RZ-2-95).
Ordinance No. 2122
- re Redding Municipal Code Chapter 2.56 to
facilitate execution of recreation-related documentation of a routine
nature
(R-006)
It is recommended that Ordinance No. 2122 be adopted, an ordinance of
the City Council of the City of Redding amending Redding Municipal Code
Chapter 2.56 relating to Recreation and Parks operations and
facilitating execution of recreation-related documentation of a routine
nature.
Residential Rental Agreement
- with Carroll Funk and Chris King (9749
Abernathy Lane)
(C-070-100 & C-070-010)
It is the recommendation of the Assistant City Manager that the
Residential Rental Agreement with Carroll H. Funk and Chris King for the
rental of property described as a single-family residence located at
9749 Abernathy Lane, effective April 1, 1995, be approved and staff
directed to notify the tenants in writing that the property is to be
vacated on or before October 1, 1995.
Resolution
- appropriating funds for HOME Program and authorizing
receipt of revenue
* (B-130-070 & G-100-075-203)
It is the recommendation of the Assistant City Manager that Resolution
No. 95-098 be adopted, a resolution of the City Council of the City of
Redding approving and adopting the 56th amendment to City Budget
Resolution No. 94-199 (1) appropriating $300,000 for the HOME Rental
Program and (2) authorizing the receipt of $300,000 in revenue from the
State Department of Housing and Community Development (HCD).
Shasta-Cascade Wonderland Building
(C-070-010)
It is the recommendation of the Assistant City Manager that the City
Council accept the Shasta Cascade Wonderland Association's offer to
transfer title of its building located on City-owned land at the
southwest corner of South City Park to the City subject to a study
verifying the building contains no hazardous materials.
Resolution
- Renewal of liability claims administration contract with
Gregory B. Bragg & Associates
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(R-100-550-100)
It is the recommendation of the Director of Administrative Services that
Resolution No. 95-099 be adopted, a resolution of the City Council of
the City of Redding extending the term of the Liability Services
Agreement between the City of Redding and Gregory B. Bragg & Associates,
Inc. through April 20, 1996.
Extension of Builders Risk Insurance
- re Combustion Turbine Project
(R-100-375-550 & E-120-150)
It is the recommendation of the Director of Administrative Services that
the City Council approve the extension of the current insurance policy
for the combustion turbine project with Zurich Insurance until project
completion and authorize an expenditure of up to $44,522 to cover the
extension to August 25, 1995, plus any additional extensions that may be
necessary. Funds for this insurance coverage are available from the
bond proceeds.
Resolution
- appropriating funds for transition expenses in City
Attorney's Office and authorizing Purchasing Officer to negotiate on the
open market for computer equipment
* (B-130-070 & A-050-050)
It is the recommendation of the Director of Administrative Services that
Resolution No. 95-100 be adopted, a resolution of the City Council of
the City of Redding approving and adopting the 57th amendment to City
Budget Resolution No. 94-199 appropriating $50,920 for transition
expenses in the City Attorney's Office.
It is further recommended that the Purchasing Officer be authorized to
negotiate on the open market for the necessary computer equipment.
Animal Permit Application AP-1-95
- by Irvin Scarbrough
(A-130-140)
It is the recommendation of the Acting Planning Director that the City
Council approve Animal Permit Application AP-1-95, by Irvin Scarbrough,
for three horses, subject to the list of conditions recommended by the
Board of Administrative Review and authorize the City Manager to issue
said permit.
Planning and Community Development Monthly Status Report
(A-050-250)
It is the recommendation of the Acting Planning Director that the
Monthly Status Report through March 1995 for the following work areas be
accepted: (1) Annexations; (2) Zoning, Subdivision and General Plan
Amendments; (3) Building and Population; (4) Housing Assistance and
Rehabilitation; and (5) Surplus Property.
Set Public Hearing
- re Amendment of Chapters 18.50 Uses Requiring Use
Permits, 18.70 Permits, and 18.76 Revocation of Permit or Variance
(L-010-500-050)
It is the recommendation of the Acting Planning Director that a public
hearing be set for 7:00 p.m., May 2, 1995, to consider amendments to
Redding Municipal Code Chapters 18.50, Uses Requiring Use Permits;
18.70, Permits; and 18.76, Revocation of Permit or Variance.
Set Public Hearing
- re Amendment of Chapter 18.64, Environmental Review
(L-010-500-050)
It is the recommendation of the Acting Planning Director that a public
hearing be set for 7:00 p.m., May 2, 1995, to consider the amendments to
Redding Municipal Chapter 18.64, Environmental Review.
Award of Bid
- Bid Schedule No. 2913, Reverse Osmosis Unit for Redding
Power Plant
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid
Schedule No. 2913, reverse osmosis unit for Redding Power, be awarded to
Applied Membranes, Inc., in the amount of $41,094. The bid submitted by
the apparent low bidder, Ionics Ultra Pure Water Corporation, did not
comply with the bid specifications. Funds for this purchase are
included in the 1994-95 budget.
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Resolution - re Lease Agreement with Kempkey Communications for lease of
space in the lobby of the Visitors Information Center
(C-070-100)
It is the recommendation of the Director of Community Services that
Resolution No. 95-101 be adopted, a resolution of the City Council of
the City of Redding approving entering into a lease between the City of
Redding and Kempkey Communications for the period April 19, 1995,
through April 18, 2000, for space in the lobby of the Visitor
Information Center for an interactive video information kiosk at a
monthly rental rate of $150.00 per month.
Resolution
- re Annual Update to City Council Investment Policy No. 408
(A-050-060-555)
It is the recommendation of the City Clerk that Resolution No. 95-102 be
adopted, a resolution of the City Council of the City of Redding
amending City Council Investment Policy No. 408.
Resolution
- Authorizing filing of necessary documentation to continue
the Serious Habitual Offender Grant Program with the Office of Criminal
Justice
(G-100-170 & P-150-150)
It is the recommendation of the Police Chief that Resolution No. 95-103
be adopted, a resolution of the City Council of the City of Redding
authorizing the filing of the necessary documentation to continue the
City of Redding Serious Habitual Offender (SHO) Program, funded in part
from funds made available through the SHO Program administered by the
Office of Criminal Justice Planning (OCJP).
Resolution
- Approving Permit for Commercial Activities (air cargo
service) at Redding Municipal Airport with Airborne Freight Corporation
(C-070-100)
It is the recommendation of the Director of Airports that Resolution No.
95-104 be adopted, a resolution of the City Council of the City of
Redding approving the Permit for Commercial Activities (air cargo
service) at Redding Municipal Airport between the City of Redding and
Airborne Freight Corporation, dba Airborne Express, for the period May
1, 1995, through June 30, 1996, and authorizing the Mayor to sign same.
Resolution
- Authorizing filing of Certification Application with State
of California to obtain certification to accept, process and market
recyclable materials
(S-020-550)
It is the recommendation of the Director of General Services that
Resolution No. 95-105 be adopted, a resolution of the City Council of
the City of Redding authorizing the filing of a Certification
Application with the State of California to obtain certification to
accept, process and market recyclable materials at the Transfer Facility
located at 2255 Abernathy Lane.
Public Works Quarterly Report
- Second Quarter 1995
(A-050-300)
It is the recommendation of the Director of Public Works that the Public
Works Quarterly Report for second quarter 1995 be accepted.
Resolution
- Summarily vacating existing road and public utility
easement at 3600 Oasis Road
(A-010-040)
It is the recommendation of the Director of Public Works that Resolution
No. 95-106 be adopted, a resolution of the City Council of the City of
Redding summarily vacating a portion of a right-of-way for roadway and
public utilities purposes, not to exceed 33 feet in width, set forth in
Patent No. 1182212 recorded on May 21, 1958, in Book 566 at Page 333,
Shasta County Records.
Resolution
- Initiating abatement proceedings on property located at
1211 C Street, owned by Sandra Lynn Licari
(A-030-070)
It is the recommendation of the City Attorney that Resolution No. 95-107
be adopted, a resolution of the City Council of the City of Redding of
intention to begin legal proceedings of abatement under Chapter 9.36 of
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the Redding Municipal Code on certain real property in the City of
Redding located at 1211 C Street, owned by Sandra Lynn Licari.
Resolution
- Initiating abatement proceedings on property located at
11517 La Costa Court, owned by James D. Green and Beverly G. Green
(A-030-070)
It is the recommendation of the City Attorney that Resolution No. 95-108
be adopted, a resolution of the City Council of the City of Redding of
intention to begin legal proceedings of abatement under Chapter 9.36 of
the Redding Municipal Code on certain real property in the City of
Redding located at 11517 La Costa Court, owned by James D. Green and
Beverly G. Green.
MOTION: Made by Council Member McGeorge, seconded by Council Member P.
Anderson, that all the foregoing items on the Consent Calendar be
accepted, 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. 2117, 2121, 2122 and Resolution Nos. 95-098, 95-099, 95-
100, 95-101, 95-102, 95-103, 95-104, 95-105, 95-106, 95-107 and 95-108
are on file in the office of the City Clerk.
- - - - - - - - -
CONTINUED PUBLIC HEARING
- re Planned Development Application PD-3-94,
Shasta Hills Estates, by Redwood Investors (West of the intersection of
Churn Creek Road and Golden Gate Trail)
(L-010-211-002)
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public
hearing regarding Planned Development Application PD-3-94.
The following documents are on file in the office of the City Clerk:
Affidavit of Posting - Notice of Continued Public Hearing
Planning Commission recommendation dated April 19, 1995
City Clerk Strohmayer advised that no protests were received.
Acting Planning Director Keaney recalled the City Council, at its
meeting of April 4, 1995, considered the Planning Commission's
recommendation to approve a request by Redwood Investors to add 67 more
single-family residences to an existing 100-unit planned development.
Upon hearing testimony, the City Council continued the public hearing
and directed staff to reconsider the issue of secondary emergency access
and provide a recommendation. In addition, the City Council requested a
written recommendation from the Fire Marshal.
Mr. Keaney explained that staff had a joint meeting with the Fire
Marshal, the developer, and his engineer concerning the emergency access
issue. As a result of that meeting, the developer requested that the
Phase II portion of his proposal be indefinitely continued in order to
allow time to work with the Fire Marshal on a suitable solution to the
secondary emergency access problem and explore options with adjacent
property owners to the west and south of the development.
Mr. Keaney noted the Fire Marshal did not have a problem with access to
Phase I, Unit 2, but he was concerned about the lack of a secondary
emergency access to the 40 additional lots proposed in Phase II. Mr.
Keaney stated the Fire Marshal was agreeable to the developer's
suggestion of a second access being provided through adjacent
properties.
Mr. Keaney stated that by delaying the decision on Phase II, the total
area of the proposal would be reduced from 15.56 acres to 3.67 acres.
He noted that the conditions which dealt specifically with Unit 2 have
been eliminated from the Conditions of Approval. He noted, however,
that staff has determined that Condition 7 of the Conditions of Approval
should also be deleted as it only applies to Phase II.
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It is the recommendation of staff that the City Council ratify the
Negative Declaration, approve the rezoning of Phase I, Unit 2, from "U"
Unclassified District to "PD" Planned Development subject to the
elimination of Condition 7 from the Conditions of Approval, offer the
ordinance for first reading by title only, and waive the full reading of
said ordinance.
Mayor Kehoe determined there was no one present wishing to speak on the
matter and closed the public hearing.
In response to Council Member Murray, Mr. Keaney stated the fee referred
to in Condition 7 of the Conditions of Approval refers to a calculation
which was based only on Phase II and provided for curb, gutter and
sidewalk.
MOTION: Made by Council Member R. Anderson, seconded by Council Member
McGeorge, that the City Council approve the rezoning as recommended,
direct that Condition 7 of the Conditions of Approval be eliminated, and
make the following findings regarding PD-3-94:
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 22, 1995. The Vote: Unanimous
Ayes
Council Member R. Anderson offered Ordinance No. 2123 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 "PD" Planned Development
District subject to Conditions of Approval (PD-3-94).
MOTION: Made by Council Member R. Anderson, seconded by Council Member
McGeorge, that the full reading of Ordinance No. 2123 be waived and the
City Attorney be instructed to read the full title. The Vote:
Unanimous Ayes
PUBLIC HEARING
- re Abandonment Application A-1-95, by Jerry Knighten
(Lanning Avenue and Akard Avenue)
(A-010-100)
Council Member Murray abstained from discussion and voting on this
matter.
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public
hearing regarding Abandonment Application A-1-95.
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 April 5, 1995
City Clerk Strohmayer advised that no protests were received.
Acting Planning Director Keaney related the Planning Commission, at its
meeting of March 14, 1995, recommended approval of a request by Jerry
Knighten to abandon a section of a public alley which runs between
Lanning Avenue and Akard Avenue in the block north of Fell Street. He
stated that Mr. Knighten owns all three of the parcels which adjoin the
alley and the alley serves as a driveway entrance to parking spaces for
an existing complex of apartment buildings.
Mr. Keaney explained the purpose of the request is to facilitate a
significant rehabilitation of the apartment complex. The property
contains 30 apartment units in six buildings, some of which are in
extremely deteriorated state. The applicant proposes to refurbish three
of the buildings and remove and reconstruct the other three to a total
of 31 units, along with improvements to landscape and parking amenities.
He stated the abandonment of the alley will facilitate this project by
accommodating unit density, building setbacks, and expanded parking and
also discourage transient traffic.
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04/18/95
It is the recommendation of both the Planning Commission and staff that
the City Council ratify the Negative Declaration and adopt the necessary
resolution approving the abandonment.
Mayor Kehoe determined there was no one present wishing to speak on the
matter and closed the public hearing.
MOTION: Made by Council Member McGeorge, seconded by Council Member R.
Anderson, that the City Council make the following findings regarding A-
1-95:
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 8, 1995.
MOTION: Made by Council Member McGeorge, seconded by Council Member R.
Anderson, that Resolution No. 95-109 be adopted, a resolution of the
City Council of the City of Redding ordering the vacation of that
portion of the alley right-of-way described in Exhibit A and shown on
the map and lying between the properties located at 2727 Lanning Avenue
and 2753 Lanning Avenue (A-1-95).
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, McGeorge, Murray
and Kehoe
Noes: Council Members - None
Absent: Council Members - None
Resolution No. 95-109 is on file in the office of the City Clerk.
PUBLIC HEARING
- re Rezoning Application RZ-3-95, by the City of Redding
(South of Cypress Avenue between Heather Lane and Oxford Road)
(L-010-230)
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public
hearing regarding RZ-3-95.
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 April 5, 1995
City Clerk Strohmayer advised that no protests were received.
Acting Planning Director Keaney related the Planning Commission, at its
meeting of March 28, 1995, recommended approval of a rezoning of
property generally located south of Cypress Avenue between Heather Lane
and Oxford Road from "U" Unclassified District to "R3-40" Multiple-
Family Residential District. He stated that given the fact that all of
the lots are developed and street standards are in place, staff does not
see the need for the use permit requirements of the "U" Unclassified
District or development criteria of the "F" District.
It is the recommendation of both the Planning Commission and staff that
the City Council ratify the Negative Declaration, approve the rezoning
as recommended, offer the ordinance for first reading by title only, and
waive the full reading of said ordinance.
Mayor Kehoe determined that there was no one present wishing to speak on
the matter and closed the public hearing.
MOTION: Made by Council Member Murray, seconded by Council Member R.
Anderson, that the City Council approve the rezoning as recommended and
make the following findings regarding RZ-3-95:
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
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of Administrative Review on February 22, 1995. The Vote: Unanimous
Ayes
Council Member Murray offered Ordinance No. 2124 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 "R3-40" Multiple-Family
Residential District (RZ-3-95).
MOTION: Made by Council Member Murray, seconded by Council Member R.
Anderson, that the full reading of Ordinance No. 2124 be waived and the
City Attorney be instructed to read the full title. The Vote:
Unanimous Ayes
ORDINANCE NO. 2119
- re Rezoning Application RZ-4-95, by the City of
Redding (Mountain Lakes Industrial Park)
(L-010-230)
MOTION: Made by Council Member R. Anderson, seconded by Council Member
P. Anderson, that Ordinance No. 2119 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 "M2-B20-F," "M2-B1A-F," and "M2-B1A-F-FP,"
Industrial Districts with site-plan-review criteria.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, Murray and Kehoe
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - McGeorge
Ordinance No. 2119 is on file in the office of the City Clerk.
ORDINANCE NO. 2120
- re Proposed Amendment to Chapter 18.46, Site Plan
Review
(L-010-500-050)
MOTION: Made by Council Member Murray, seconded by Council Member R.
Anderson, that Ordinance No. 2120 be adopted, 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.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, Murray and Kehoe
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - McGeorge
Ordinance No. 2120 is on file in the office of the City Clerk.
UPDATE ON SALE OF SAN JUAN PROJECT POWER
(E-120-500)
City Manager Warren provided an overview of the Report to City Council
dated April 14, 1995, incorporated herein by reference, regarding the
sale of San Juan Project power. He explained late last year, the City
of Riverside reached an agreement in principal for the sale of a
significant amount of Redding's rights to power from the San Juan
Project effective May 1, 1995. In January, however, the City of
Riverside indicated they were no longer willing to consider a power
sales agreement due to the following: 1) A surplus of low-cost power
in the western United States which has been exasperated by the
California recession and abundant hydro-electric generation; 2) Low
natural gas prices which are presently continuing to decline; and 3) A
general reluctance to enter into long-term contracts in the face of
significant electric utility industry restructuring proposals under
consideration at both the State and Federal levels.
Mr. Warren related the Internal Revenue Service regulations regarding
the tax-exempt financing used to acquire Redding's interest in the San
Juan Project further limit Redding's alternatives. Unless a potential
buyer qualifies for tax-exempt status similar to Redding's, any
agreement with a buyer would need to be consistent with some very strict
IRS criteria.
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Mr. Warren indicated that staff has reached a verbal consensus on an
anticipated agreement with PacifiCorp of Portland, Oregon, which
provides for an exchange of energy delivered by Redding to PacifiCorp at
the San Juan Power Plant, for energy delivered by PacifiCorp to Redding
at the California-Oregon border. He stated that staff is working with
legal counsel to develop an agreement and recommended that the City
Council adjourn this meeting to April 25, 1995, to consider said
agreement.
It was the consensus of the City Council to adjourn this evening's
meeting to April 25, 1995, to discuss the proposed agreement with
PacifiCorp of Portland, Oregon.
OFFER TO SELL LAND TO CITY BY LON TATOM AND RICHARD KELLY
(C-070-010)
Assistant City Manager Perry stated that Lon Tatom and Richard Kelly are
the owners of two parcels of land on Viking Way across from the new
Corporation Yard totaling 27 acres. The asking price for the properties
is $45,000 per acre or $1,215,000. He noted the owners have identified
the potential use of the properties for recreation. He added that one
other possibility which could be considered is economic development. He
indicated that while the City has industrial land in its portfolio of
property, it does not have land it could sell or write down in exchange
for a significant new job creation commitment. According to the owners,
it is their desire that the City not pay off the property if acquired,
rather that purchase occur over a period of 10 to 15 years.
It is the recommendation of staff that the City Council ask the
following organizations/individuals for suggestions as to the potential
use of the property for consideration by the City Council on May 16,
1995: Recreation and Parks Commission; Sports Complex Committee;
Economic Development Corporation; Planning Commission; and City
departments.
Council Member R. Anderson could not envision purchasing the property
given the fact the City is trying to build a Civic Center. He
recommended that the City Council decline the offer to purchase the
property.
MOTION: Made by Council Member R. Anderson, seconded by Council Member
Murray, to decline Lon Tatom's and Richard Kelly's offers to sell
property located on Viking Way across from the new Corporation Yard to
the City. The Vote: Unanimous Ayes
ANNEXATION 94-2
- Knighton Road/I-5 Interchange
(A-150-251)
Associate Planner Morgon stated the City received a letter from the
Shasta County Local Agency Formation Commission (LAFCO) notifying the
City that LAFCO has received letters from Pacheco School and the owners
of nine of the ten privately-owned parcels within Annexation 94-2
requesting withdrawal of their previous consent to annexation. He
related that staff has verified all of the owners of privately-owned
parcels wish to withdraw support for annexation.
Mr. Morgon explained that the annexation includes two parcels owned by
the City and one parcel owned by the Bureau of Land Management (BLM),
who is neutral on the issue of annexation. He noted that although the
annexation was initiated by the truck stop, technically, the City is the
annexation applicant and the decision to withdraw the application rests
with the City Council. He related the City could initiate a new
application to annex one or both of the City-owned parcels on either
side of the Sacramento River. The annexation would, however, still
require an amendment of the City's sphere of influence.
It is the recommendation of staff that the City Council terminate
annexation proceedings for Annexation 94-2, Knighton Road/I-5
Interchange, and authorize staff to submit a withdrawal request to LAFCO
which would include a request for a refund of the unused portion of the
annexation application fee. Pursuant to the Annexation Agreement, staff
would remit the unused LAFCO fees and City processing fees to the
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applicants. He noted that to date, approximately $1,000 has been
expended by the staff to process the annexation.
If the City Council wishes to pursue annexation of one or both of the
City-owned parcels adjacent to the Sacramento River, it is the
recommendation of staff that a separate annexation application be
initiated.
In response to Council Member Kehoe, Mr. Morgon stated that the $1,000
expended to date to process the annexation does not take into
consideration the time involved with negotiating a property tax exchange
agreement. Assistant City Manager Perry related that it is difficult to
account for all the time and phone calls involved with this type of
application.
Council Member Murray opposed annexing the City's property. He
recommended that the City Council consider marketing the property if it
has no identified purpose.
City Manager Warren stated that these properties would be discussed
during the General Plan update and suggested that community input
regarding recommended uses be sought at that time.
MOTION: Made by Council Member Murray, seconded by Council Member
McGeorge, to terminate annexation proceedings for Annexation 94-2,
Knighton Road/I-5 Interchange, and authorize staff to submit a
withdrawal request to LAFCO which would include a request for a refund
of the unused portion of the annexation application fee. The Vote:
Unanimous Ayes
REJECT BID SCHEDULE NO. 2896
- Remediation of Soil Stockpiled at Redding
Municipal Airport
(B-050-100 & A-050-150-150)
City Manager Warren stated the City removed soil from an underground
storage tank site at the Corporation Yard and stockpiled it at the
Redding Municipal Airport. Lawrence & Associates collected 13 soil
samples to characterize the levels of TPH-diesel. Staff requested bids
from 22 potential vendors and received seven bids on January 24, 1995,
for remediation of the stockpiled soil. The low bid was received from
Essayons-Hardrock J.V. in the amount of $88,960.
Mr. Warren related that staff met with the California Regional Water
Quality Control Board to discuss alternatives to this costly soil
remediation. At the Board's directive, staff requested Lawrence &
Associates to collect an additional 20 samples to further characterize
BTEX-gasoline, leaded gas, heavy metals, benzene, ethyl benzene,
toluene, and xylene. Staff received the results of the additional
sampling on March 7, 1995, indicating contamination levels were below
detectable levels. The California Regional Water Quality Control Board
contacted the City on March 29, 1995, indicating that soil remediation
was not necessary and the soil could be disposed of or used as fill.
Mr. Warren commended Assistant Director of General Services Kohn and his
staff for their aggressive attitude which resulted in a savings to the
City of more than $80,000. He stated that little things and extra
effort are what make a difference between a good organization and a very
good organization.
It is the recommendation of staff that the City Council reject Bid
Schedule No. 2896, remediation of soil stockpiled at Redding Municipal
Airport.
MOTION: Made by Council Member R. Anderson, seconded by Council Member
P. Anderson, that Bid Schedule No. 2896, remediation of soil stockpiled
at Redding Municipal Airport, be rejected. The Vote: Unanimous Ayes
CYPRESS AVENUE/INTERSTATE 5 INTERCHANGE STUDY AND PHASE I OF THE
SOUTHERN PACIFIC RAILROAD UNDER/OVERCROSSING STUDY
(S-070-100 & T-100-300)
Director of Public Works Galusha recalled Council Member P. Anderson had
expressed concern during the Capital Improvement Program review that
there were no projects which addressed the circulation problems along
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Cypress Avenue in the vicinity of Interstate 5 or an additional
under/overcrossing of the Southern Pacific Railroad tracks in downtown
Redding. He explained that staff has been researching how the City
could proceed with a program to address these concerns with existing
resources in a way that would provide meaningful data that could be used
for the following: 1) In grant submittals to fund construction
projects; 2) To provide information to the community on how the City
could address the problems; 3) To establish a cost that could be used
to evaluate these projects against other community needs; and 4) To
provide data for inclusion in the General Plan update relative to land
use and circulation.
Mr. Galusha related the Shasta County Regional Transportation Planning
Agency (RTPA) has contracted with the transportation firm of Omni-Means
to prepare a study which reviews 17 interchanges within the Cities of
Anderson, Redding, and Shasta Lake and the County of Shasta. When
completed, the study will provide the agencies with a project basis on
which to condition new development and/or establish benefit districts.
He indicated the Cypress/I-5 interchange was not included in the study
because Cypress is in a built-out condition. While there may be no
potential for direct developer contributions, the inclusion of the
intersection in the study would be beneficial in obtaining costs and
solutions which could become components of the Traffic Impact Fee
Program. RTPA staff has indicated that the intersection could be
included in the 1995-96 overall work program utilizing funds already
allocated to the City of Redding. He stated the development process
would include public participation; review of up to five concepts; then,
once a preferred concept is selected, design drawings and cost estimates
comparable to a project study report.
Mr. Galusha conveyed that staff has met with the transportation firm of
DeLeuw, Cather & Company, which specializes in railroad under-
/overcrossing project development and construction, to review possible
locations for a crossing in downtown Redding. He related that past
indications were that Redding would have a hard time qualifying for
available Public Utility Commission funding due to no accidents of
record at any of the current crossings or an ability to close more than
one crossing. He noted that staff is working with local Southern
Pacific personnel to document crossing usage and the various times
vehicle traffic is interrupted by train activities.
Mr. Galusha stated that DeLeuw, Cather & Company has indicated that
while the City does not score high due to a lack of accidents, other
locations that qualify for funds are having problems proceeding due to a
lack of local match, environmental problems, or not wanting to go
through the multi-year process. Therefore, they have submitted a
proposal which outlines three phases of work: a) Phase I - prepare
conceptual layout, cost estimates, PUC nomination assistance and attend
PUC hearings (FY 1995-96) $12,000; b) Phase II - refine conceptual
layout and estimates; prepare and submit application to PUC for order
authorizing construction; assist in preparation of City/Railroad
agreements; assist in the allocation request from Caltrans (FY 1996-97
or 1997-98) $31,000; and c) Phase III - final PS&E to be negotiated
following completion of Phases I and II. He noted that while the
proposal has not gone through a formal bidding process; staff believes
the proposal represents a realistic cost. He related the project is
within the Redding Redevelopment Agency's (RRA) Market Street District.
He suggested contacting RRA to determine if funding is available for
this study.
It is the recommendation of staff that the City Council authorize staff
to forward a letter to the RTPA to include the Cypress Avenue/I-5
interchange in its interchange review; and authorize staff to submit the
proposal received from DeLeuw, Cather & Company to the RRA to determine
if it could fund Phase I of the study ($12,000) and proceed with the
conceptual layout and PUC nomination assistance for the railroad
crossing project.
In response to Council Member P. Anderson, Mr. Galusha related there are
funds in the Traffic Impact Fee Program (TIF) which would be utilized;
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04/18/95
however, staff believed it would be better to utilize Redding
Redevelopment Agency (RRA) funds if possible.
Council Member Murray questioned whether the consultant would review
existing studies which have been completed on the Cypress
Avenue/Interstate 5 interchange. Mr. Galusha explained the consultant
would review all current data and any previous studies completed on the
intersection. He anticipated the review of the intersections would take
approximately a year to finalize.
MOTION: Made by Council Member P. Anderson, seconded by Council Member
Murray, authorizing staff to forward a letter to the RTPA to include the
Cypress Avenue/I-5 interchange in its interchange review and authorizing
staff to submit the proposal received from DeLeuw, Cather & Company to
RRA to determine if it could fund Phase I of the study and proceed with
the conceptual layout and PUC nomination assistance for the railroad
crossing project. The Vote: Unanimous Ayes
ORDINANCE
- Adding Chapter 7.28, Seizure of Inhumanely Treated Animals
(A-130-150)
City Attorney Wingate explained that currently the seizure and
impoundment of animals in the City of Redding is regulated by Penal Code
Section 597f, which does not provide for constitutional due-process
hearings to determine the validity of the seizure and is thus vulnerable
to attack on constitutional due-process grounds. It has, in fact, been
successfully attacked in the California Fifth District Court of Appeals
[Cerrera v. Bertini (1976) 63 Cal.App.3d 721].
Mr. Wingate related California Legislature passed Penal Code Section
597.1 specifically to remedy the Carrera
objections. This section
provides detailed procedures to determine the validity of the seizure of
animals in pre- or post-seizure hearings and the proper disposition of
animals. As the section only applies to public agencies and humane
societies if the governing body of the public agency determines that
said section shall be operative, Haven Humane Society, which contracts
the City's animal regulation services, has requested the City adopt this
section.
Council Member R. Anderson offered Ordinance No. 2125 for first reading,
an ordinance of the City Council of the City of Redding amending Title
7, Animals, by adding Chapter 7.28 entitled Seizure of Inhumanely
Treated Animals relative to California Penal Code Section 597.1.
MOTION: Made by Council Member R. Anderson, seconded by Council Member
P. Anderson, that the full reading of Ordinance No. 2125 be waived and
the City Attorney be instructed to read the full title. The Vote:
Unanimous Ayes
ROUTINE REPORTS AND COMMUNICATIONS NOT REQUIRING ACTION
Letter of appreciation from Mercy Medical Center regarding assistance
received from the City's Electric Department
(A-050-125)
At the hour of 8:05 p.m., Mayor Kehoe declared the meeting recessed.
At the hour of 8:15 p.m., Mayor Kehoe reconvened the meeting to regular
session.
CLOSED SESSION
(L-100 & E-120-500)
Mayor Kehoe stated the City Council would adjourn to closed session
pursuant to California Government Code Section 54956.9(a) to discuss the
following:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
a) Adams v. City of Redding, Shasta County Municipal Court Case No.
93-326;
b) Buchanan v. City of Redding, Shasta County Municipal Court Case
No. 93-2492;
c) Streeter v. City of Redding, Shasta County Municipal Court Case
No. 93-2813;
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04/18/95
d) Peter Emmons, et al. v. City of Redding, Shasta County Superior
Court Case No. 119010;
e) City of Redding v. Cox & Cox Construction, Inc., Professional
Associated Consulting Engineers, Inc., Larry Boisclaire, Larry
Kepple, et al., Shasta County Superior Court Case No. 107222
At the hour of 8:15 p.m., Mayor Kehoe adjourned the meeting to closed
session.
At the hour of 9:15 p.m., Mayor Kehoe reconvened the meeting to regular
session.
ADJOURNMENT
There being no further business, at the hour of 9:15 p.m., Mayor Kehoe
declared the meeting adjourned to 6:15 p.m., April 25, 1995, at the City
Council Chambers, 1313 California Street, Redding, California.
APPROVED:
________________________________
Mayor
ATTEST:
______________________________
City Clerk