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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1995-10-17 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California October 17, 1995 7:00 p.m. The Pledge of Allegiance to the Flag was led by Mayor Kehoe. The Invocation was offered by Pastor Darrow, Little Country Church. The meeting was called to order by Mayor Kehoe with the following Council Members present: R. Anderson, McGeorge, Murray and Kehoe. Mayor Kehoe noted that Council Member P. Anderson's absence was excused. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Director of Administrative Services Starman, Director of Public Works Galusha, Acting Director of Planning and Community Development Keaney, Director of Electric Utility Lindley, Building Official Voges, Human Resources Manager Sciarra, Management Assistant to the City Manager Bachman, Senior Planner King, City Clerk Strohmayer, Assistant City Clerk Moscatello and Secretary to the City Council Rudolph. PRESENTATION OF PLAQUE - Planning Commissioner Vern McCollum (B-080-350) Mayor Kehoe presented a plaque to Vern McCollum and expressed the City's appreciation for his service on the Planning Commission from October 1989 to October 1995. Mr. McCollum thanked the City Council for the opportunity to have served on the City's Planning Commission. No action was required. RESOLUTION - Proclaiming October 1995 as "Domestic Violence Awareness" Month (A-050-060-600) Police Captain Dirks stated that the City, in cooperation with the County and State, is proclaiming October 1995 as "Domestic Violence Awareness" Month. He noted that the Police Department has worked with the Women's Refuge for over a decade and acknowledges that domestic violence is a serious plight throughout the nation. He expressed gratitude to the Shasta County Women's Refuge for the assistance it has provided to local law enforcement with regard to domestic violence situations. City Clerk Strohmayer read highlights of the proposed resolution. MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, that Resolution No. 95-226 be adopted, a resolution of the City Council of the City of Redding proclaiming October 1995 as "Domestic Violence Awareness" month in the City of Redding. Voting was as follows: Ayes: Council Members - R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - P. Anderson Resolution No. 95-226 is on file in the office of the City Clerk. RESOLUTION - Declaring October 23 through October 31, 1995, as "Red Ribbon Week" (A-050-060-600) Students from Juniper Elementary School's "Just Say No" Club made the following presentation to the City Council: Jordan Stelt explained the history of "Red Ribbon Week;" Jamie Milligan conveyed the activities planned during the week; Adam O'Conner and Jessie Barber requested the City Council to adopt a resolution proclaiming October 23 through October 31, 1995, as "Red Ribbon Week," with this year's theme being "Proud to be Drug Free;" and Alisa South and Jamie Milligan presented each City Council Member with a red ribbon. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-227 be adopted, a resolution of the City Council of the City of Redding proclaiming October 23 through 31, 1995, as "Red Ribbon Week." Voting was as follows: Ayes: Council Members - R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - P. Anderson Resolution No. 95-227 is on file in the office of the City Clerk. - - - - - - - - CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of August 1, 1995; Regular Meeting of August 15, 1995; Special Meeting of September 5, 1995; Regular Meeting of September 5, 1995; Special Meeting of September 19, 1995; Regular Meeting of September 19, 1995; Adjourned Regular Meeting of September 22, 1995; Special Meeting of September 25, 1995; and Regular Meeting of October 3, 1995 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 7, for the period October 3, 1995, through October 13, 1995, check numbers 225039 through 225521 inclusive, in the amount of $2,782,696.39, and Payroll Register No. 8, check numbers 407289 through 408006 inclusive, and electronic deposit transaction numbers 26105 through 26325, totaling $1,264,251.96, for the period September 24, 1995, through October 7, 1995, be approved. TOTAL: $4,046,948.35 Decline Offer to Purchase Property - 513 N. Market Street (C-070-010) It is the recommendation of the Assistant City Manager that the City Council direct the Mayor to send a letter to Servillano (Sonny) Castillejos advising him that the City is not interested in purchasing his property located at 513 N. Market Street. Resolution - Appropriating funds for Parks and Recreation * (B-130-070 & D-050-400-100) It is the recommendation of the Finance Officer that Resolution No. 95- 228 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 12th amendment to City Budget Resolution No. 95-153 appropriating $18,085 to pay for the Parks Division's Equipment Capital Lease. Development Services Monthly Activity Report (A-050-250) It is the recommendation of the Acting Planning Director that the Development Services Monthly Activity Report through September 1995 for the following areas be accepted: (1) Annexations; (2) Zoning, Subdivision, and General Plan Amendments; (3) Building and Population; (4) Housing Assistance and Rehabilitation; and (5) General Plan Update. Set Public Hearing - re Rezoning Application RZ-7-95, by Al Shufelberger and the City of Redding (4059, 4061, 4063, 4161, 4191, 4231, 4301, 4315, and 4375 Eastside Road) (L-010-230) It is the recommendation of the Acting Planning Director that a public hearing be set for 7:00 p.m., November 7, 1995, regarding Rezoning Application RZ-7-95, a request to rezone nine properties located at 4059, 4061, 4063, 4161, 4191, 4231, 4301, 4315, and 4375 Eastside Road from "U" Unclassified District and "U-FP" Unclassified District with Floodplain Combining District to "C-3" Heavy Commercial/Light Industrial District and "C3-FP" Heavy Commercial/Light Industrial District with Floodplain Combining District. Resolution Setting Public Hearing - re Abandonment Application A-4-95, by the City of Redding (Portion of Canyon Road right-of-way located north of its intersection with Highway 273 interchange to the easterly terminus of Redding Rancheria Road) (A-010-100) It is the recommendation of the Acting Planning Director that Resolution No. 95-229 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate that portion of the Canyon Road right-of-way described in Exhibit A and shown as the "Area of Abandonment" in Exhibit B and lying adjacent to properties located at 2271, 2269, and 2228 Redding Rancheria Road (A-4-95) and setting a public hearing for 7:00 p.m. November 7, 1995. Award of Bid - Bid Schedule No. 2914, Construction of the South Airport Transmission Line Resolution - re Project Change Orders (B-050-020 & E-090-160-600) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2914, construction of the South Airport Transmission Line, be awarded to Cal Electro, Inc. in the amount of $977,300. Funds for this project are available in Job Order No. 9285-15. It is further recommended that Resolution No. 95-230 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign Project Change Orders up to an aggregate not to exceed $97,000 on the Public Works Contract between the City of Redding and Cal Electro Inc. for the construction of the South Airport 115/12kV Transmission Line. Resolution - re Eligibility Criteria for Incentive and Economic Development Electric Rates (E-090-100) It is the recommendation of the Electric Utility Director that Resolution No. 95-231 be adopted, a resolution of the City Council of the City of Redding reducing the minimum qualification level for the City's eligibility criteria for incentive and economic development electric rates to customers within the service area of the City of Redding Electric Utility, effective October 18, 1995; thereby lowering the minimum qualification level for incentive rates to 100kW. Resolution - Authorizing Purchase of New Police Vehicles through the Department of General Services of the State of California (B-050-100 & P-150-150) It is the recommendation of the Police Chief that Resolution No. 95-232 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of nine marked police vehicles through the Department of General Services of the State of California. Resolution - Approving Program Supplemental No. 033 to Local Agency State Agreement for HES Projects re Airport Road Widening Resolution - Approving Program Supplemental No. 034 re Court/South and Hilltop/Grove Left Turn Channelization Resolution - Approving Program Supplemental No. 035 re Guardrail Installation at Various Locations (G-100-070-100 & S-050-100 & S-070-100) It is the recommendation of the Director of Public Works that Resolution No. 95-233 be adopted, a resolution of the City Council of the City of Redding approving entering into Program Supplement No. 033 to Local Agency-State Agreement for Federal-Aid Project 02-5068, STPLH-5068(007), E.A. 02-452764, by and between the City of Redding and the State of California, Department of Transportation, to widen Airport Road. It is further recommended that Resolution No. 95-234 be adopted, a resolution of the City Council of the City of Redding approving entering into Program Supplement No. 034 to Local Agency-State Agreement for Federal-Aid Project 02-5068, STPLH-5068(006), E.A. 02-452754, by and between the City of Redding and the State of California, Department of Transportation, to revise channelization on Grove Street at Hilltop Drive and Court Street at South Street It is also recommended that Resolution No. 95-235 be adopted, a resolution of the City Council of the City of Redding approving entering into Program Supplement No. 035 to Local Agency-State Agreement for Federal-Aid Project 02-5068, STPLHG-5068(005), E.A. 02-452744, by and between the City of Redding and the State of California, Department of Transportation, to construct guard rails at various locations. MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - R. Anderson, McGeorge, Murray & Kehoe Noes: Council Members - None Absent: Council Members - P. Anderson Resolution Nos. 95-228, 95-229, 95-230, 95-231, 95-232, 95-233, and 95- 234 are on file in the Office of the City Clerk. - - - - - - - - - - CONTINUED PUBLIC HEARING - re General Plan Amendment Application GPA-2- 94, by Hilltop Bluffs (G-030-010) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the continued public hearing regarding General Plan Amendment Application GPA-2-94. The following documents are in file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Staff recommendation dated October 3, 1995 City Clerk Strohmayer advised that no protests had been received. Acting Planning Director Keaney stated that the applicant, Hilltop Bluffs, as well as the opponents, have requested that the public hearing regarding General Plan Amendment Application GPA-2-94 be continued to November 21, 1995. All parties believe the extension would allow existing differences to be resolved. Given the fact that the parties appear to making progress in resolving differences, it is the recommendation of staff that the public hearing be continued to November 21, 1995. In response to Council Member Murray, Mr. Keaney explained that the General Plan Amendment Application would only need to be referred back to the Planning Commission if the density is greater than that previously approved by the Planning Commission. Eihnard Diaz, representing the applicant, Hilltop Bluffs, requested that the public hearing be continued to November 21, 1995. He believed the extension would provide the necessary time to resolve pending issues and noted that the proposed density would be less than that previously authorized by the Planning Commission. Mayor Kehoe determined that there were no additional individuals present wishing to speak on the matter. Mayor Kehoe stated that he would not be inclined to continue the public hearing beyond November 21, 1995. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to continue the public hearing regarding General Plan Amendment Application GPA-2-94, by Hilltop Bluffs, to November 21, 1995. The Vote: Unanimous Ayes PUBLIC HEARING - re Appeal by John Fitzgerald of Approval of Use Permit Application UP-26-95 (815 Industrial Street) (L-010-390) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding John Fitzgerald's appeal of the approval of Use Permit Application UP-26-95. 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 October 3, 1995 City Clerk Strohmayer advised that no protests were received. Acting Planning Director Keaney recalled that the Board of Administrative Review, at its meeting of August 9, 1995, approved Use Permit Application UP-26-95, granting Sommak Niravanh permission to establish a bar and pool hall in an existing building located at 815 Industrial Street in a "C-3" Heavy Commercial and Light Industrial District. That action was appealed to the Planning Commission by nearby property owners. Mr. Keaney related that the Planning Commission, at its meeting on September 12, 1995, denied the appeal. There was no testimony at the Planning Commission's public hearing. Mr. John Fitzgerald, who owns property at 820 Industrial Street and 2167 Hilltop Drive, subsequently appealed the approval of the Use Permit to the City Council. The Report to City Council dated October 3, 1995, incorporated herein by reference, outlines the use permit and the issues associated with the first appeal. Mr. Keaney stated that Use Permit restricts the establishment's hours of operation and, therefore, believes that the parking issues have been adequately addressed. It is the recommendation of staff that the appeal be denied and the action of the Planning Commission be upheld. John Fitzgerald opposed the approval of Use Permit Application UP-26-95 due to existing parking problems in the area. He cited parking problems experienced during normal office hours in the area, as well as the parking problems encountered in the evening due to patrons of Bert & Ernies Sports Bar. He did not believe the number of approved parking spaces per pool table was practical, given the type of clientele the proposed business would attract. He opined that parking problems would still exist even though the Use Permit restricts the establishment's hours of operation. He also stated that the approval of this Use Permit would add to the already existing vandalism problem. Mr. Keaney reiterated that staff believes there is ample parking. He stated there are 19 parking spaces on site, with the Lao Market only requiring 12 of those spaces. Mayor Kehoe determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. Council Member Murray was inclined to deny the appeal, however, he recommended that staff review code requirements with regard to Bert & Ernies Sports Bar, i.e., playing loud music on the outside porch area. He was also sensitive to the fact that the City was permitting non- industrial businesses in an industrial area. In response to Mayor Kehoe, Mr. Keaney stated that the Planning Commission's action required the Use Permit to be reviewed again in six months. MOTION: Made by Council Member Murray, seconded by Council Member McGeorge, to deny the appeal and uphold the action of the Planning Commission. The Vote: Unanimous Ayes PLANNING COMMISSION APPOINTMENT (B-080-300) MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to appoint Gerald Theisen to the Planning Commission to fill an unexpired term expiring May 1, 1997. The Vote: Unanimous Ayes ORDINANCE - Amending Redding Municipal Code Chapter 18.53.030 re Adult Entertainment (L-010-220) Acting Planning Director Keaney related that the City Council, at its meeting of June 6, 1995, amended Redding Municipal Code Chapter 18.70 entitled Use Permits. He stated the purpose of the amendment was to update the ordinance by consolidating sections and revising some specific language. Unfortunately, at that time, a reference to Chapter 18.70 in the Adult Entertainment Chapter (18.53) was inadvertently overlooked. It is the recommendation of staff that the City Council amend Redding Municipal Code Section 18.53.030(a)(3) to reflect it is not subject to the provisions of Redding Municipal Code Section 18.70.060 by offering the necessary ordinance for first reading and waiving the full reading of said ordinance. Council Member R. Anderson offered Ordinance No. 2138 for first reading, an ordinance of the City Council of the City of Redding amending a code reference in Redding Municipal Code Section 18.53.030, Adult Entertainment, specifically 18.53.030(a)(3) to reflect that it is not subject to Redding Municipal Code Section 18.70.060. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that the full reading of Ordinance No. 2138 be waived and the City Attorney instructed to read the full title. The Vote: Unanimous Ayes RESOLUTION - Initiating Abatement Proceedings on Property at 513 North Market Street, Owned by Servillano Castillejos and Clyde A. Dean (A-030-070) Building Official Voges provided an overview of the Report to City Council dated October 9, 1995, incorporated herein by reference, concerning the initiation of abatement proceedings on property located at 513 North Market Street, owned by Servillano Castillejos and Clyde A. Dean, and the associated health hazards and major safety issues. It is the recommendation of staff that the City Council adopt a resolution authorizing the initiation of abatement proceedings. In response to Council Member Murray, City Attorney Wingate outlined the abatement process. H. D. Christensen, 2663 Irwin Road, presented the City Council with a copy of a letter he sent to Servillano Castillejos dated October 16, 1995, regarding the property Mr. Castillejos owns on Irwin Road. He noted that this is the same property owner who owns the property which is before the City Council for consideration this evening. He related, however, that he did not have specific testimony relative to the property located at 513 North Market Street. He stated that the Irwin Road neighborhood is attempting to clean up the area and he expressed appreciation to the Redding Police Department, Crime Prevention Unit and Jim King for their assistance. Joan Kern, 2915 Helen Street, supported the abatement of property located at 513 North Market Street. She, too, noted that Mr. Castillejos owns other properties within the City of Redding which are also deteriorating. She provided the City Clerk with a packet of information dated September 1, 1995, incorporated herein by reference. Esther Hodson, 2830 Irwin Road No. 3, stated that efforts have been made to clean up the property Mr. Castillejos owns on Irwin Road; however, the process takes time. She noted that tenants residing at a motel are different in that they have no respect for the property of others. She indicated that as long as the motel tenant pays their rent, there is not much the property owner can do. Michael Lindley, 513 North Market Street, stated he has lived at the Cedar Lodge for the past two months and pays $500 per month rent. He related that he enjoys living in his unit which has been recently remodeled, i.e., new linoleum, carpet and kitchen. MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that Resolution No. 95-236 be adopted, a resolution of intention by the City Council of the City of Redding to begin legal proceedings of abatement on the real property located at 513 North Market Street, owned by Servillano Castillejos and Clyde A. Dean. Voting was as follows: Ayes: Council Members - R. Anderson, McGeorge, Murray and Kehoe Noes: Council Members - None Absent: Council Members - P. Anderson Resolution No. 95-236 is on file in the office of the City Clerk. Set Public Hearing - November 1995 Electric Utility Rate Adjustment (E-090-100) Electric Utility Director Lindley provided an overview of the Report to City Council dated October 10, 1995, incorporated herein by reference, regarding the proposed November 1995 electric utility rate adjustment. Mr. Lindley related that the Electric Utility Department's long-term financial forecasts indicate that in order to be in compliance with the Rate Mechanism, an electric rate increase in the range of 10.5 percent to 11.5 percent would be needed in November 1995, down from the 12 percent to 14 percent range indicated during February 1995. He stated that during the City Council workshop on September 22, 1995, it was expressed that negotiations with PacifiCorp were underway and that successful negotiations might ultimately reduce the utility's revenue requirements and future potential rate increases. Mr. Lindley explained that staff plans to recommend that the City Council adopt a six percent rate increase, effective November 1, 1995, and to direct staff to return to the City Council on February 6, 1996, to request a supplemental rate increase, effective February 1, 1996, if needed, to meet the rate mechanism. This would allow time for negotiations to continue with PacifiCorp. It was the consensus of the City Council that staff's presentation be deferred until the November 7, 1995, City Council meeting. Council Member R. Anderson stated, that given the uncertainty of the PacifiCorp agreement, staff's presentation on November 7, 1995, should include possible cost reduction alternatives which the City Council could consider if the PacifiCorp agreement is not consummated. He related that he was not receptive to increasing electric rates more than six percent per year. Council Member McGeorge concurred that he would like to review cost reduction alternatives. MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, that a public hearing be set for 7:00 p.m., November 7, 1995, to consider the proposed November 1995 electric utility rate adjustment. The Vote: Unanimous Ayes LETTER OF APPRECIATION - re Redding Police Department (A-050-270) City Clerk Strohmayer highlighted the letter from Shasta County Chief Probation Officer, Terrence Starr, expressing admiration and gratitude to the Redding Police Department for their cooperation and assistance over the years. PUBLIC COMMENT (A-030-070 & E-090-100) Relative to the abatement of property at 513 N. Market Street acted upon earlier this evening, Sonny Castillejos stated he did not object to making the necessary improvements, however, the process would take time. He explained that he is also working on cleaning up the Irwin Road property. He noted that many of his tenants are considered undesirable by property owners and would have no other place to live; however, he believes everyone deserves at least a chance. Joan Kerns stressed that if the City does not require property owners to maintain their properties, the quality of the entire City will deteriorate. George Henning, 1080 Trinity Street, stated that the City must be willing to work with property owners, i.e., the Cedar Lodge. Fran Jenkins informed the City Council that she would be at the November 7, 1995, City Council to speak in opposition to the proposed electric rate increase. ADJOURNMENT There being no further business, at the hour of 8:12 p.m., Mayor Kehoe declared the meeting adjourned. APPROVED: Mayor Kehoe ATTEST: City Clerk