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HomeMy WebLinkAboutMinutes - City Council - 1996-07-16 176 Redding City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California July 16, 1996 7:00 p.m. The Pledge of Allegiance to the flag was led by Council Member R. Anderson. The invocation was offered by Pastor Mike Nunes, Living Waters Christian Fellowship. The meeting was called to order by Mayor McGeorge with the following City Council Members present: P. Anderson, R. Anderson, Kehoe, Murray and McGeorge. Also present were City Manager Warren, Assistant City Manager Perry, Public Works Director Galusha, Electric Utility Director Lindley, Police Chief Blankenship, Fire Chief Wagner, Development Services Director Swanson, Principal Planner Keaney, Assistant City Attorney Calkins, Administrative Services Director Starman, Senior Planner King, Acting Building Official Gungl, Associate Planner Hanson, Housing Supervisor Garrity, City Clerk Strohmayer, and Secretary to the City Council Rudolph. PRESENTATION OF AWARDS - United States Conference of Mayors and American Planning Association re Neighborhood Pride Program (C-110-100-400) Senior Planner King recalled that two years ago, the City Council directed staff to utilize volunteers for code enforcement. As a result, he related that the City recently received awards from the United States Conference of Mayors and the American Planning Association for its Neighborhood Pride Program. He presented these awards to Mayor McGeorge and Council Member Kehoe. In addition, Mr. King presented Mayor McGeorge and Council Member Kehoe with Certificates of Appreciation from the Garden Tract Neighborhood. Mayor McGeorge expressed the City's appreciation to the many volunteers for their hard work and dedication on the Neighborhood Pride Program. City Manager Warren related that the Neighborhood Pride Program is known nationwide. He indicated that a number of cities have requested information on the program, not just because of its success, but the way the program is implemented - citizens helping citizens to clean up the community. He recognized Mr. King for developing this concept and expressed the City's appreciation to him for helping to make it a successful program. This was an information item and no action was required. PRESENTATION OF APPRECIATION PLAQUES - re Annual Redding City Golf Tournament (A-050-060) Mayor McGeorge and Vice Mayor Anderson presented appreciation plaques to Luis Miramontes, Mike Morgan, and Gary Cressey for their assistance with the Annual Redding City Golf Tournament. Luis Miramontes thanked the City Council for the award and also expressed appreciation to Redding Distributing, the City, and the Record Searchlight for making the tournament so successful. Mike Morgan expressed appreciation to everyone involved, including the City, for their assistance with the tournament. He noted, however, that without the sponsors, the tournament would not have been as successful. Gary Cressey expressed appreciation to the City, Recreation Superintendent Carpenter, and Gold Hills Golf& Country Club for making the golf tournament one of the premiere events in Northern California. 07/16/96 177 CONSENT CALENDAR Approval of Minutes - Special Meeting of April 16, 1996 Regular Meeting of April 16, 1996 Special Meeting of May 7, 1996 Regular Meeting of May 7, 1996 Regular Meeting of May 21, 1996 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 1, for the period July 2, 1996, through July 11, 1996, check numbers 234612 through 234978 inclusive, in the amount of$3,211,674.72, and Payroll Register No. 27, for the period June 16, 1996,through June 29, 1996, check numbers 420620 through 421274 inclusive, and electronic deposit transaction numbers 30440 through 30721, totaling $1,261,749.50, be approved. TOTAL: $4,473,424.22 Ordinance No. 2153 - re Rezoning Application RZ-10-95 (19300 Lexington Lane) (L-010-230) It is recommended that Ordinance No. 2153 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"RI-BFM" Single-Family Residential District (RZ-10- 95). Ordinance No. 2154 - re Amending Redding Municipal Code Chapters 9.20 and 1.12 (F-210 & C-110-100-400) It is recommended that Ordinance No. 2154 be adopted, an ordinance of the City Council of the City of Redding amending Section 9.20.190 of Redding Municipal Code Chapter 9.20 (Fire Prevention) and Section 1.12.020 of Redding Municipal Code Chapter 1.12 (General Penalty) regarding the penalties associated with violating the Uniform Fire Code and any State statute addressing fire prevention or fire control. Resolution - re Request by Viva Downtown to Permit Sale, Possession, and/or Consumption of Alcoholic Beverages in and adjacent to Library Park during Downtown Market Fest Events (A-100 & A-110-100 & P-050-300) It is the recommendation of the City Manager that Resolution No. 96-132 be adopted, a resolution of the City Council of the City of Redding approving the request of Viva Downtown to allow the sale, consumption, and possession of intoxicating beverages on public property in and adjacent to Library Park in conjunction with the Downtown Market Fest events to be held August 1, 1996, through September 19, 1996. Community Facilities District 1992-1 - Adjustment of Special Tax for Property Tax Year 1996-97 (A-170-035-001) It is the recommendation of the Assistant City Manager that the special tax for Community Facilities District 1992-1 for property tax year 1996-97 be adjusted as follows: Residential Categories - Increased 3 percent; and Other Land Use Categories - No Change. Resolution - First Amendment to Consulting and Professional Services Agreement with Crawford, Multari & Starr re Joint Agency Annexation Study Resolution - Appropriating Funds * (B-130-070 & A-150) It is the recommendation of the Assistant City Manager that Resolution No. 96-133 be adopted, a resolution of the City Council of the City of Redding approving the First Amendment to the Consulting and Professional Services Agreement with Crawford, Multari & Starr in an amount not- to-exceed $1,600 to review the effect of development outside the City on the City. It is further recommended that Resolution No. 96-134 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 2nd amendment to City Budget Resolution No. 96-130 appropriating $1,600 for the joint agency annexation study. 07/16/96 178 Resolution - Amending 1995-96 Annual Budget and Appropriating Funds to Correct Over Budget Circumstances (B-130-070) It is the recommendation of the Administrative Services Director that Resolution No. 96-135 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 46th amendment to City Budget Resolution No. 95-153 appropriating $402,000 to correct over budget circumstances. Monthly Activity Report for Development Services (A-050-250) It is the recommendation of the Development Services Director that the City Council accept the Development Services Department's monthly activity report through June 1996 which covers the following areas: (1) Zoning, Subdivision, and General Plan Amendments; (2) Building and Population; (3) Housing Assistance and Rehabilitation; and (4) General Plan Update. Resolution - Intention to Begin Legal Proceedings of Abatement at 2602 Irwin Road, owned by Servillano Castillejos (A-030-070) It is the recommendation of the Development Services Director that Resolution No. 96-136 be adopted, a resolution of the City Council of the City of Redding to begin legal proceedings of abatement on the real property at 2602 Irwin Road, owned by Servillano Castillejos. Resolution - Intention to Begin Legal Proceedings of Abatement at 928 July Way, owned by Ross Family Trust (A-030-070) It is the recommendation of the Development Services Director that Resolution No. 96-137 be adopted, a resolution of the City Council of the City of Redding to begin legal proceedings of abatement on the real property at 928 July Way, owned by Ross Family Trust. Jobs Credit Agreement - Ferrosaur, Inc. dba Industrial Welding and Industrial Systems and D & J Steel (F-205-600) It is the recommendation of the Development Services Director that the City Council approve the Jobs Credit Agreement with Ferrosaur, Inc., dba Industrial Welding and Industrial Systems and D & J Steel, as well as the Guarantee Agreement from Thomas (Rocky) Largent and Kerrie M. Largent. Surrender of Leasehold - American Propeller Service re 1986 Lease at Redding Municipal Airport (C-070-100 & A-090-100) It is the recommendation of the Development Services Director that the City Council approve the Surrender of Leasehold with American Propeller Service, thereby releasing American Propeller Service from its 1986 lease with the City effective July 31, 1996, and the rental amount dating from September 25, 1995, being reduced from$1,333.62 per month to $333.41, and authorizing the Mayor to sign the same. Permit for Commercial Activities - Commercial Activities at Redding Municipal Airport by Redding Aero Enterprises, Inc. (C-070-100 & A-090-100) It is the recommendation of the Development Services Director that the City Council approve the Permit for Commercial Activities at Redding Municipal Airport with Redding Aero Enterprises, Inc., beginning August 1, 1996, and continuing as long as Lease Agreement remains in effect, and authorize the Mayor to sign the same. Award of Bid - Bid Schedule No. 3022, Single-Phase, Pad-Type Distribution Transformers (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3022, single-phase, pad-type distribution transformers, be awarded to WESCO Distribution, Inc., for the period August 1, 1996, through July 31, 1997, in the evaluated amount of $342,890.08 (delivered cost $175,730.00). Funds for these purchases are included in the proposed 1996-97 budget. 07/16/96 179 Award of Bid - Bid Schedule No. 3023, Three-Phase, Pad-Type Distribution Transformers (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3023, three-phase, pad-type distribution transformers, be awarded to Cooper Power Systems, for the period August 1, 1996, through July 31, 1997, in the evaluated amount of$381,443.16 (delivered cost $161,046.00). Funds for these purchases are included in the proposed 1996-97 budget. Resolution- Short-Term Purchase/Sale/Exchange Enabling Agreements for Natural Gas and Other Fuel Supplies (E-120) It is the recommendation of the Electric Utility Director that Resolution No. 96-138 be adopted, a resolution of the City Council of the City of Redding authorizing: (1) The City Manager to execute the various contracts necessary to effect the purchase, sale, and exchange of fuel supplies for electric generation and other Electric Utility-related commodities upon approval of the City Attorney; and (2) The Electric Utility staff to implement the transactions contemplated under the terms and conditions of such contracts. Funding and Lease Agreements - Shasta County Arts Council * (B-130-030 & C-070-100 & C-050-500) It is the recommendation of the Community Services Director that the City Council approve the Funding Agreement between the City of Redding and The Shasta County Arts Council, in the amount of$20,700, for the period of July 1, 1996, through June 30, 1997. It is further recommended that the City Council approve the Lease Agreement between the City of Redding and The Shasta County Arts Council for a one year period commencing July 1, 1996, and terminating June 30, 1997. Promotional Agreement - Shasta Cascade Wonderland Association (B-130-030) It is the recommendation of the Community Services Director that the City Council approve the annual Funding Agreement with the Shasta Cascade Wonderland Association, Inc., for a one-year period commencing July 1, 1996, and ending June 30, 1997, thereby providing one full-time City Convention and Visitors Bureau employee, namely a general manager, who will work in the Association's offices. Award of Bid - Bid Schedule No. 3020, California Street Sewer Main Replacement (B-050-020 & W-020-575) It is the recommendation of the Public Works Director that Bid Schedule No. 3020 (Job No. 2072- 17), California Street Sewer Main Replacement, be awarded to Iron Mountain Construction in the amount of $119,924, an additional $10,000 be approved to cover the cost of engineering and inspection fees, and $15,000 be approved to provide a construction contingency fund, for a total of $144,924. Award of Bid - Bid Schedule No. 3028, Bacteriological Analysis (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 3028, Bacteriological Analysis, be awarded to Basic Laboratory, Inc., of Redding, in the amount of$10 per analyzed sample. Resolution- Appropriating Funds for Regent Avenue/Placer Street Drainage Improvement Project, Bid Schedule No. 3018 * (B-130-070 & B-050-020 & S-060) It is the recommendation of the Public Works Director that Resolution No. 96-139 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 1st amendment to City Budget Resolution No. 96-130 appropriating $35,000 for the Regent Avenue/Placer Street Drainage Improvement Project. 07/16/96 180 MOTION: Made by Council Member Kehoe, 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 - P. Anderson, R. Anderson, Kehoe, Murray and McGeorge Noes: Council Members - None Absent: Council Members - None Resolution Nos. 96-132, 96-133, 96-134, 96-135, 96-136, 96-137, 96-138, and 96-139 and Ordinance Nos. 2153 and 2154 are on file in the office of the City Clerk. PUBLIC HEARING - re Additional Community Development Block Grant Funds and Modified 1996-97 CDBG Action Plan (G-100-030-039) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding additional Community Development Block Grant (CDBG) funds and modified 1996-97 CDBG Action Plan. The following documents are on file in the office of the City Clerk: Affidavit of Publication -Notice of Public Hearing Staff recommendation dated July 16, 1996 City Clerk Strohmayer advised that no protests were received. Assistant City Manager Perry provided an overview of the Report to City Council dated July 16, 1996, incorporated herein by reference, regarding the allocation of additional monies received for the 1996-97 CDBG Program and the reallocation of funds totaling $251,800. Mr. Perry summarized that the Community Development Advisory Committee and staff recommend that the City Council accept the modified Action Plan designating funding for the following and adopt the resolution authorizing the submission of all necessary documents and the Action Plan to the U.S. Department of Housing and Urban Development: (1) General Plan Update - $16,980; (2) CDBG Administration - $16,980; (3)Downtown Improvements- $50,000; (4) Median Improvements Along South Market Street - $120,130; (5) Housing Rehabilitation Administration - $16,500; and (6) Equipment for Fire Engine - $31,210. Mr. Perry noted that the Redding Redevelopment Agency, at its meeting on July 15, 1996, approved funding to be used for the schematic street design and the acquisition of property in the downtown area, thereby allowing the City to focus its funding on the Library Park renovation. He related that the acquisition of property for parking across from Old City Hall and Library Park will need to come back to the City Council for consideration. In response to Council Member Kehoe, Mr. Perry related that some of the requests which were not funded included: classroom development at the airport; $100,000 for the North Court Street extension, the total cost of a fire engine, and traffic signal improvements at Eureka Way and North Court Street. Council Member Kehoe questioned where the matrix is which assigned points to the various funding requests. Mr. Perry related that the decision making process followed the guidelines established by the City Council, however, the matrix was not used in this particular process. He stated that applications were not solicited from outside the City and the goal was to maximize funding for projects that would otherwise be funded by the General Fund. He indicated that it was also decided that no additional funding would be provided to public service activities. Council Member Kehoe asked staff to explain the rationale for approving funding for median improvements rather than funding for a fire engine. 07/16/96 181 Mr. Perry indicated that the original Action Plan provided approximately $200,000 for a fire engine. In addition, the City's 1996-97 budget provides for $190,000 in funding for a new fire engine. He explained that Caltrans has given the City notice of its intention to repave South Market Street from where Cypress Avenue intersects to Wyndham Lane. As part of the repaving project, Caltrans has indicated that if the City is willing to make a commitment to install medians, Caltrans will provide the medians within the paving area and install curbs and gutters around the medians. If the City wants to proceed with this, it is necessary to have the necessary funds available by next summer to install underground water and electricity in the medians. He stated that the Redding Redevelopment Agency included funds for additional landscaping in its Capital Improvement Plan for Market Street. He related that the City would be looking to service organizations for assistance with providing landscaping. Mayor McGeorge determined that there was no one present wishing to speak on this matter and closed the public hearing. MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, that Resolution No. 96-140 be adopted, a resolution of the City Council of the City of Redding accepting the modified Action Plan for 1996-97 and authorizing the City Manager to sign all necessary documents and submit the Plan to the U.S. Department of Housing and Urban Development. The modified Action Plan is to include funding for the following: (1) General Plan Update - $16,980; (2) CDBG Administration - $16,980; (3)Downtown Improvements- $50,000; (4)Median Improvements along South Market Street- $120,130; (5)Housing Rehabilitation Administration - $16,500; and (6) Equipment for Fire Engine - $31,210; for a total of$251,800. Voting was as follows: Ayes: Council Members -P. Anderson, R. Anderson, Kehoe, Murray and McGeorge Noes: Council Members -None Absent: Council Members -None Resolution No. 96-140 is on file in the office of the City Clerk. PUBLIC HEARING - re Abandonment Application A-2-96, by the City of Redding (2185 Churn Creek Road) (A-010-100) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding Abandonment Application A-2-96. The following documents are on file in the office of the City Clerk: Affidavit of Publication -Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated July 2, 1996 City Clerk Strohmayer advised that no protests were received. Principal Planner Keaney provided an overview of the Report to City Council dated July 2, 1996, incorporated herein by reference, concerning the request to abandon a portion of the Del Monte Street right-of-way adjacent to commercial property at 2185 Churn Creek Road north of the U.S. Post Office. He related that the abandonment is being proposed in accordance with the City's obligation under an Owners Participation Agreement between the City, the Redding Redevelopment Agency, and several property owners in the vicinity of Churn Creek Road, Del Monte Street, and Industrial Street in response to a Use Permit Application for commercial development by Canned Foods, Inc. It is the recommendation of staff that the City Council ratify the Negative Declaration and adopt the necessary resolution ordering the abandonment of the specified portion of the Del Monte Street right- of-way subject to the terms and conditions of the Owners Participation Agreement and the retention of a public-service easement over the entire area of abandonment. Mayor McGeorge determined that there was no one present wishing to speak on the matter and closed the public hearing. 07/16/96 182 MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the City Council make the following findings regarding A-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 October 11, 1995. The Vote: Unanimous Ayes MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that Resolution No. 96-141 be adopted, a resolution of the City Council of the City of Redding ordering the vacation of that portion of the Del Monte Street right-of-way lying adjacent to property located at 2185 Churn Creek Road (A-2-96). Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, Kehoe, Murray and McGeorge Noes: Council Members - None Absent: Council Members -None Resolution No. 96-141 is on file in the office of the City Clerk. BUSINESS RETENTION AND EXPANSION PROGRAM FOR SHASTA COUNTY (E-050) Council Member Kehoe abstained from discussion and voting on this matter. Development Services Director Swanson's Report to City Council dated July 2, 1996, incorporated herein by reference, related that the Superior California Economic Development District (SCEDD), in cooperation with the Economic Development Corporation of Shasta County, Chambers of Commerce throughout Shasta County, local government officials, and agencies committed to the prosperity of local business, is implementing a Business Retention and Expansion Program for Shasta County. The goal of the program is to diversify and strengthen the local economy. As part of the program, a survey will be circulated which is intended to give local businesses an opportunity to provide input and receive feedback on a range of issues. In addition, information on resources available to assist in retaining or creating local jobs will also be provided. It is the recommendation of staff that the City Council approve participation in and endorsement of the Business Retention and Expansion Program for Shasta County. Mr. Swanson introduced Bob Nash of the SCEDD and Gail Shook of the Economic Development Corporation (EDC). Bob Nash explained that SCEDD was fortunate to acquire funding for a Business Retention and Expansion Program. He noted, however, that this funding was through the U.S. Department of Agriculture and specifically excluded the use of funds in cities with populations in excess of 25,000. Due to this exclusion, as well as SCEDD's ongoing cooperation and coordination with the EDC, SCEDD and EDC are working together and have developed a concept whereby EDC would take the lead and implement a similar process in the City of Redding, the Enterprise Zone, which covers the Cities of Anderson and Shasta Lake, as well as areas in Shasta County. Gail Shook related that the EDC started a Business Retention Program approximately three years ago which focuses on the Enterprise Zone. Under this proposal, the program would be expanded to other areas. She indicated that teams of three (a staff member, a board member, and an elected official) would go out to various businesses and conduct interviews. She stated that the SCEDD and EDC are requesting the City Council's support and participation in this program. Council Member R. Anderson expressed concern with a Council Member participating in interviews with businesses. Ms. Shook replied that it would be the responsibility of staff from the EDC and SCEDD to stay focused during these interviews. She related that individuals participating on these teams would be given an orientation session. She stated that the EDC's and SCEDD's main objective is to receive the City Council's support for the program. 07/16/96 183 Mr. Nash explained that the basic focus of the program is to survey businesses and determine their needs in terms of the community, the City, planning, or matters that enhance their ability to do business in the community. He stressed that the ultimate goal of the program is to create jobs. The program will also attempt to address issues that may hinder a business' ability to expand or continue business by implementing a response network between City Department Heads and key players in the community, i.e., EDC and SCEDD. In addition, a data base will be established to identify any trends which may exist and, if so, address these problems. Council Member R. Anderson saw no problem with participating on a team, as long as a City Council Member was not required to make any commitments to the business. In response to Council Member P. Anderson, Ms. Shook explained that the survey will focus on all manufacturing companies within the area. She anticipated that companies with 20+ employees would be personally interviewed, with all others being contacted via letter or telephone. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, to endorse and approve the City's participation in the Superior California Economic Development District's proposed Business Retention and Expansion Program Survey and authorize each City Council member to sign the letter of support dated July 17, 1996, as depicted in the Report to City Council. Voting was as follows: Ayes: Council Members - P. Anderson, R. Anderson, Murray and McGeorge Noes: Council Members - None Absent: Council Members - None Abstain: Council Members -None AFFORDABLE HOUSING DEVELOPMENT GUIDELINES (G-100-075-200) Development Services Director Swanson provided an overview of the Report to City Council dated July 16, 1996, incorporated herein by reference, regarding the adoption of an Affordable Housing Development Guidelines for the City's Home Program. He noted that the proposed guidelines differ from those established for the Redding Redevelopment Agency in the following three areas: (l) For- profit developers are included as eligible participants; (2) The Home Equity participation is greater (up from 30 percent to 65 percent); and (3) Density bonuses may be used to promote project development. Mr. Swanson recommended that the City Council adopt the City of Redding Home Program Affordable Housing Development Guidelines as depicted in Attachment A in the Report to City Council. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, that the City Council adopt the City of Redding Home Program Affordable Housing Development Guidelines as depicted in Attachment A of the Report to City Council. The Vote: Unanimous Ayes ELECTRIC UTILITY CUSTOMER SATISFACTION PROGRAM (A-050-125) Electric Utility Resource Planner Cope highlighted the Report to City Council dated July 3, 1996, incorporated herein by reference, concerning the implementation of a Customer Satisfaction Program in the Electric Utility. He stated the intent of the program is as follows: (1) Increasing public awareness of the strengths and benefits of Redding's electric service; (2) Assisting customers in reducing costs and maintaining or potentially increasing productivity; and (3) Helping the residents and businesses of Redding remain satisfied and proud to live and do business in the City. He explained that as part of the program, staff has prepared a customer survey which is designed to assess the customers' impressions of current electric service and potential opportunities to improve this service. He indicated that the survey includes questions that were asked of the City's 15 largest customers during the ongoing management audit. He stated that by including these questions in the survey going to all customer classes, it will provide a direct comparison of survey results in order to get a pulse of the similarities and/or differences among the opinions of various customer classes. In addition, the survey will include questions regarding the industry deregulation and potential electric service expansions. He summarized that the questions will assist the Electric Utility in refining strategies for addressing the coming competitive environment and expanding the City's customer base. 07/16/96 184 It is the recommendation of staff that the City Council approve the Customer Satisfaction Program and the associated customer survey. In response to Council Member R. Anderson, Mr. Cope indicated that the survey would be sent to a random sampling of residential and small, medium, and large commercial customers. Council Member R. Anderson questioned whether it would be more appropriate to have a general set of questions and then specific questions dealing with each specific group of customers. Mr. Cope related that it is the general opinion of industry experts that separate survey questions for specific groups tend to skew the statistical results. Council Member P. Anderson questioned when staff would be reporting back on the results of the survey. Mr. Cope stated that staff would begin working on the survey immediately and hoped to have the surveys distributed by the first week in August as inserts in the monthly utility billings. Council Member Kehoe asked whether it might be more appropriate to review the Electric Utility audit and then develop customer base questions relative to the treatment of stranded costs, competitiveness, and the City's Electric Utility in general. Mr. Cope indicated that staff would be administering surveys on a periodic basis and the focus of this particular survey is customer service. Mayor McGeorge viewed the survey as a positive step toward finding out where the City's Electric Utility needs to focus its attention with regard to customer service. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to approve the Electric Utility's Customer Satisfaction Program and the associated customer survey as depicted in the Report to City Council. The Vote: Unanimous Ayes REQUEST TO RECONFIGURE HACIENDA HEIGHTS SUBDIVISION PARK SITE (P-050 & S-100-260) Senior Planner Hanson provided an overview of the Report to City Council dated July 10, 1996, incorporated herein by reference, concerning the Columbia School District's request to reconfigure an existing park site in order to provide a more rectangular school campus north of the proposed park site and fire station. In addition, the District is proposing to increase the school site from 10 to 21+ acres by a property line adjustment between the City, a private property owner and the District. Mr. Hanson stated that the Recreation and Parks Commission unanimously recommended that the City Council approve the District's request to reconfigure the site subject to the conditions noted in the Report to City Council. In addition, the Planning Commission found the reconfiguration proposal consistent with the Redding General Plan. Mr. Hanson explained that the District Superintendent has indicated that the District's $5 million in matching State funds is at stake if the City does not respond in a timely manner. A significant delay could result in their project being under funded due to the available State money being spent at other sites. To complicate matters, he related that the District submitted a site plan to the State describing the future school site without the City's approval, which the State subsequently approved. He related that to modify the site plan to meet the City's concerns may cause some delay with the State funding request. He stated that the District is open to shifting the proposed boundary, but their primary concern is getting approval from the City Council as soon as possible. Mr. Hanson indicated that subsequent to the report being prepared, staff learned that the District's School Board adopted a resolution to exempt itself from the City's zoning ordinance requirements, thereby eliminating the need to obtain a Use Permit. He noted that the City's concerns center on street frontage on Shasta View and Hemingway Drives and whether the improvements will be made in the appropriate manner. 07/16/96 185 It is the recommendation of staff that the City Council approve the District's request as recommended by the Recreation and Parks Commission with the addition of another condition which would require the District to apply and receive a Use Permit prior to the transfer of ownership to allow for the reconfiguration. Tony Huff, Columbia School District Superintendent, noted that the resolution passed by the District is similar to those adopted by school districts throughout the State. He indicated that the Board adopted this resolution to avoid any time delays with submitting the plans to the State, which are to be in the State Architect's Office by mid-August. He noted that the State passed a $2 billion school bond issue, which is small in comparison to the funding needs throughout the State, and the District passed a$5 million bond issue with a 50/50 match. He related that timing is, therefore, of the essence to ensure the District receives the necessary matching funds. He indicated that the District does not have a problem working with the City. He noted that the City's engineer has already indicated where the necessary streets should be located. He believed the District's proposal is in the best interest of the community and will provide additional recreational opportunities on the northeast side of the City. He recommended that the City also submit a plan to the State to possibly receive monies from the $25 million which has been set aside for joint community/school projects. He stressed that the District's main concern is the ability to submit the plans to the State Architect's Office as soon as they are completed. In response to Council Member P. Anderson, Mr. Huff believed that the Board would be willing to rescind its resolution. He reiterated that timing is the critical issue. In response to Council Member R. Anderson, Development Services Director Swanson acknowledged the importance of getting the plans submitted to the State and did not want to risk the District loosing any funding. He stated he would commit to making the project a priority and getting the plans processed as quickly as possible. Gary Mallery, architect for the Columbia School District, stated that there are concerns about going through the City's Use Permit process and what conditions and changes staff may recommend that would require additional time. Based on conversations with City staff, he believed that traffic issues, i.e., ingress and egress, had been addressed, and that improvements on Shasta View and Hemingway Drives would be reviewed and approved by the City Engineer. He stated that while the District has no problem interfacing with the City, there is concern with timing and having to possibly make major modifications to the plans. He related that once the plans are submitted to the State Architect, under normal procedures, the plans would sit for approximately 12 weeks before being assigned to a plan checker and then it would take an additional two or three months to process depending on the workload. He stated that the District is requesting the State to expedite its review process and have the plans completed within three to six months. In response to Council Member R. Anderson, Mr. Mallery replied that the plans would need to be submitted to the State by mid-August. He questioned how quickly the City could let the District know what changes it would recommend if it had the plans on Monday. Mayor McGeorge recommended having a preconstruction meeting to cover some of the potential issues which may arise in the City's review process. Mr. Swanson stated that he was prepared to meet as soon as tomorrow with the District's architect to begin the review process. He reiterated that once the plans are submitted, they will be given top priority. Council Member Murray questioned what the last day was for the District to submit its plans to the State. Mr. Mallery related that there is not a specific deadline, however, the District is competing with others districts in the state for the funding which is on a first-come, first-serve basis. The Board desires to have the plans submitted by mid August or sooner. Assistant City Manager Perry related that staff is concerned about school districts following City code, which the City Council has the discretion to waive, and ensuring that the standards normally imposed by the City are met. He opined that school districts place the City in the last minute application box, thereby, avoiding the City's Use Permit process. He noted, however, that Mr. 07/16/96 186 Mallery indicated that it would be approximately 12 weeks after the plans are submitted to the State before they are reviewed by plan checkers. Mr. Mallery clarified that because the project is high on the funding list, the plans may be reviewed sooner. Council Member Murray questioned whether minor adjustments could be made after the plans are submitted. Mr. Mallery indicated that he was not certain what changes the City might recommend with regard to site planning, i.e., driveway approaches, etc. He related that offsite improvements could potentially affect the plans. He explained that once the plans are submitted to the State, minor changes could be made, i.e., addition of a tree or sidewalk. In response to Council Member Murray, Mr. Hanson clarified that staff is recommending an additional condition which would require the District to apply for and receive a Use Permit prior to the transfer of ownership to allow the park's reconfiguration. He stated that staff is attempting to give the District flexibility to obtain the Use Permit within their time constraints. Council Member P. Anderson questioned why the District waited so long before requesting the City's approval. Mr. Huff replied that this is the first time the District has been through this process. In addition, the District had not anticipated the District or the State passing a bond issue. As soon as it was learned the District's bond issue had passed, the District began fast tracking the project. Council Member P. Anderson asked whether the architect would normally apply for a Use Permit at the beginning of the project. Mr. Mallery related that school districts interface with the governing entities, but do not normally apply for a Use Permit. He stated that most of the school districts feel State properties should be exempt from the Use Permit process as they do not fall under the jurisdiction of the governing entities. Council Member P. Anderson stated that she would like to see this philosophy changed in the Redding community. Council Member R. Anderson expressed concern that the architect may not have adequately interfaced with City staff. Mr. Mallery replied that he had gone to the City's Planning Division and was informed that the City did not have any established criteria for planning, parking, driveways, landscaping relative to schools. He indicated he was provided information for commercial development in the City. He related that additional information was received from Mr. Hanson and the Public Works Department. City Manager Warren stressed that if the school districts do not talk with staff, the City is unable to plan for growth, primarily in the area of Public Works improvements, i.e., the width of Shasta View Drive, proper setbacks, etc. He believed it was important for the District to meet with City staff as soon as possible to ensure that when the plans are submitted they are close as possible to the City's requirements, specifically in the area of Public Works improvements. Council Member Murray related that the City has been making an effort to be more sensitive to schools and has voiced concern in the past over districts exempting themselves from the City's review process. He saw no reason why the District's plans could not be through the appeal period within 12 weeks and was not overly concerned that the District would have to dramatically change its existing plans. He opined that given the time constraints, the District needs to sit down with staff, and within one week staff could tell the District what conditions they would be recommending to the Planning Commission, thereby allowing the District to address these concerns prior to the plans being submitted to the State. He noted, however, that while the Planning Commission can change these conditions, it is generally the exception, not the rule. He believed with good communication, the District should not encounter any problems with the City in processing the Use Permit. He indicated that it is the City's desire to work hand-in-hand with the District to develop a joint facility which will 07/16/96 187 benefit the entire community. Mr. Huff related that he had been working with the Recreation and Parks Department for several weeks. He indicated that as soon as the appraisal was received, the District began discussions with the City, specifically Terry Hanson, regarding Shasta View Drive, the park's reconfiguration, and the school site for playgrounds. Council Member Murray recommended that the District's point of contact should be Development Services Director Swanson. Council Member P. Anderson recommended that staff develop an informational sheet relative to school construction and contact the various school districts to inform them that the City would like to be involved when new facilities are planned, thereby avoiding last minute delays. Council Member Murray viewed this as an example of why the City needs proactive economic development. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, to approve Columbia School District's request as recommended by the Recreation and Parks Commission subject to the conditions dated June 26, 1996, with the addition of the following condition: Columbia School District shall apply and receive a Use Permit prior to the transfer of ownership to allow for the reconfiguration of Hacienda Heights Park. The Vote: Unanimous Ayes ORDINANCE - Repealing Redding Municipal Code Section 10.26.040 Pertaining to Personal Watercraft on the Sacramento River (R-200-600) Assistant City Attorney Calkins stated that the ordinance before the City Council for its consideration is the result of settlement discussions with the plaintiffs in the litigation involving the City's personal watercraft ordinance. City Manager Warren related that the City Council is being asked to delete the provision in the City's code which prohibits the use of personal watercraft on the Sacramento River. He stated that this action is a result of litigation whereby it was determined that federal regulations stipulate that the City cannot discriminate and deny personal watercraft access to boat ramps constructed with federal funding. He explained that it is unlikely that the U.S. Supreme Court would hear the case and it would require a considerable amount of money for its legal defense. He further stated that the plaintiffs have agreed not to charge the City any legal fees if the ordinance is repealed. He, therefore, recommended that the City Council offer the necessary ordinance for first reading, thereby repealing the subject ordinance and waiving the full reading of said ordinance. Mr. Warren added that the City could ensure that personal watercraft, as well as any other watercraft, do not disturb the river by placing certain restrictions, i.e., restrict access to certain areas, establish speed limits, etc. He recommended that the City Council direct staff to come back at its August 20, 1996, meeting with alternatives for its consideration. He cautioned that the City Council could only take action relative to the ordinance repealing the personal watercraft ordinance and any other action would have to be deferred. Randy Franck, P.O. Box 493696, requested that the City Council not restrict personal watercraft simply because people do not like what they do. To date, he did not believe there was any information which indicated that personal watercraft disturbed salmon eggs. He noted that trolling boats over low shallow waters are, in fact, known to disturb fish eggs. John Reginato, 672 State Street, suggested that the City file a grant application, based on the Cantara Spill, to study the impacts of personal watercraft, including jet boats, on the river as it relates to the salmon, steelhead, and trout resources in California. He noted that the Sacramento River is a pride and jewel to the City and should not be affected by these crafts. He recommended that the City take advantage of the opportunity to regulate these crafts via speed limits, etc. He indicated that further research would probably reveal that similar type monies were also utilized to construct the boat ramps at the rodeo grounds and Caldwell Park. Bob Jones, 6661 Riverside Drive, related that his serenity has been invaded by the personal watercraft. He stated he would like to see the City place restrictions on certain areas along the river, 07/16/96 188 as well as establish speed limits. He opined that rafters and fishermen have no affect on the river's environment. He questioned whether the City could reimburse the federal government the cost for constructing the boat ramp, thereby, preserving its right to place restrictions on the types of crafts utilizing the river. Harry Delanty, 3357 Harlan Drive, referenced a documentary on CNN addressing the dangers of personal watercraft and a segment on CBS dealing with problems associated with personal watercraft and the fact that they are being regulated across the country because of these problems. He stated that the personal watercraft industry is trying to beat down the opposition and get ordinances repealed. He noted that the problems are created by a few radical individuals and not the typical personal watercraft rider. He recalled that in 1990 when the ordinance was first considered, there were discussions about educating the river's users to ensure its preservation. He related that, to date, this has not occurred. He recommended that the City review whether the statute of limitations has expired on the funding received for many of these ramps. If so, he believed that it would not be necessary for the City to lift restrictions in certain areas. He stressed the importance of implementing regulations to protect the river, particularly in the arboretum and Convention Center areas. He suggested involving citizens to determine whether a common ground could be reached with regard to river regulations. Richard Baumann, 6941 Riverside Drive, submitted a letter dated July 10, 1996, incorporated herein by reference, as well as a video tape, for the City Council's consideration. He referenced a CBS broadcast which related that the personal watercraft issue is a nation-wide problem. He stressed that the City needs to develop a long-term river management plan. He volunteered his assistance in attempting to bring the issue concerning personal watercraft under control. On behalf of the Sacramento River Preservation Trust, Mr. Baumann indicated that the City needs to form a citizen committee to look at the issues and develop alternatives. He stated that the solution may not be regulations, but education. He indicated that if regulations are utilized, they need to be realistic from a law enforcement perspective. Warren Lytle, 2944 Quartz Hill Road, noted that there are other lakes and rivers personal watercraft can utilize. He asked that these crafts not be allowed to run uncontrolled on that portion of the Sacramento River running through Redding. Brad Jackson, 107 Village Drive, recalled that the City Council originally adopted the personal watercraft ordinance because they are loud, disruptive, and disturb wildlife. He stated that the personal watercraft are frequently operated without regard to watercraft operators and rafters, and frequently exceed speed limits, which in term disturbs and annoys residents residing along the river. He indicated that the river will lose its prestigiousness if personal watercraft are permitted to use it. In addition, he opined that property values are affected by these crafts. He asked that the City either fight the matter in the courts or impose speed limits and establish a committee to develop regulations. Kelley Verhoog, 3389 Harlan Drive, related that she was walking along the Sacramento River Trail and the noise from two personal watercraft was so loud that a conversation could not be heard. She indicated that the City and citizens have spent too much money on the Sacramento River Trail and Turtle Bay not to have restrictions. Brad Dupre, 13311 Kokanee Drive, indicated that he frequently floats down the river in a drift boat. He stated that personal watercraft frequently exceed the speed limit after the Sheriff's boat goes down the river. He suggested that the City possibly designate a drift-only section. He added that fishing guides destroy the fish beds when they run back and forth along the river. John Carr, P.O. Box 4224, stated that the salmon population has decreased because of human mistakes made over the years. He indicated that he is currently a member of the Sacramento River Preservation Trust and started working on behalf of the salmon 15 to 16 years ago. In summary, he objected to personal watercraft being permitted to utilize the Sacramento River. He opined that the City needs to take a lead in protecting the river's habitat. Council Member Murray questioned whether studies were available concerning the impact of motorized boats on salmon spawning grounds. 07/16/96 189 Mr. Carr stated that he would look for any such information and also volunteered to serve on a committee to develop possible alternatives. Mr. Delanty interjected that a study was done in New Zealand and he would provide a copy of it to the City. Council Member R. Anderson noted the costs associated with fighting the issue further, as well as the fact that the City has little chance of winning the appeal. He, therefore, believed that it is necessary for the City to look for other solutions to the problems. Council Member Murray concurred that it does not make financial sense to take the lawsuit any further. When considering alternatives, he cautioned that he did not want to make the speed limit so slow that it became unsafe to operate watercraft, thereby creating additional problems. He also asked that staff address the issue of current speed limit enforcement on the river. He noted the possibility of increasing the fine and permitting the entire fine to go to the Sheriff as an enticement to enforce these regulations. He was concerned about proper environmental consideration being given to the river. He believed all boats disturb the entire river's habitat. He also asked that staff determine whether the Federal government has conducted an environmental impact statement on this waterway relative to man's intrusion on it and, if not, encourage them to do so. In this particular case, however, he saw no choice but to proceed with repealing the ordinance. Council Member P. Anderson was frustrated by the fact that the City has no alternative but to amend the existing ordinance. She encouraged the formation of a commission to develop possible alternatives to the problem. She also suggested possibly utilizing channel markings to protect the shore and spawning grounds. Council Member Kehoe did not know whether, based on the court's decision, the City could segment the river. He stressed the importance of keeping environment and safety concerns in proper proportion. He noted that on the surface, speed limits appear to be a reasonable method of dealing with the problem, however, safety issues need to be considered first. He suggested the possible utilization of volunteers to educate river users. He hoped that the community would work together in resolving this issue. In response to Council Member R. Anderson, Mayor McGeorge stated that the Police Chief has discussed the possibility of using radar guns on the river. Ray Bumbaugh and Chuck Endres offered their expertise and boats by taking the City Council down the river and attempting to answer any questions. Council Member Kehoe offered Ordinance No. 2155 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code Chapter 10.26 entitled Sacramento River area regulations by deleting Section 10.26.040. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2155 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes By consensus, the City Council directed staff to develop alternatives for its consideration on August 20, 1996. ORDINANCE- Amending Redding Municipal Code Section 4.12.140 re Transient Occupancy Tax Proceeds (T-010-600) City Manager Warren provided an overview of City Attorney Wingate's Report to City Council dated July 10, 1996, incorporated herein by reference. He indicated that the issue concerning the increases in the transient occupancy and business license taxes will be going before the voters very soon. He explained that in order to have a majority vote on the measure, it is necessary to amend the City's ordinance and change the transient occupancy tax from a specific tax to a general tax. This change would require the 2 percent increase to go directly into the General Fund with no specific designation, thereby the City Council would determine each year how the monies were to be spent. He noted that 07/16/96 190 the full 2 percent is currently expended from the General Fund to the Tourism and Convention Center, and it is anticipated that at least that amount would be required in the next fiscal year. He indicated that he had provided a copy of the proposed change to the Hotel and Motel Association. It is the recommendation of staff that the City Council offer the necessary ordinance for first reading, thereby requiring that all transient occupancy tax proceeds to be deposited directly into the General Fund and treated as general taxes. Bert Meyer entered into the record a letter from the Hotel and Motel Association's Executive Board in support of the City's action relative to bringing the matter of the transient occupancy tax increase before the voters for consideration. John Reginato recognized the City for its contribution to promoting tourism and stressed the importance of the transient occupancy tax monies being available for this purpose. He urged the City Council to support staff's recommendation. Randy Franck stated that the City's transient occupancy tax is illegal under Proposition 62 and cannot be raised without the vote of the people. He acknowledged, however, the City's contribution to the hotel and motel community. Council Member Murray offered Ordinance No. 2156 for first reading, an ordinance of the City Council of the City of Redding amending Section 4.12.140 of Title 4, Revenue and Finance, of the Redding Municipal Code pertaining to Transient Occupancy Tax, specifically the requirement that all transient occupancy tax proceeds be deposited directly into the General Fund and treated as general taxes. MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the full reading of Ordinance No. 2156 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes Council Member Murray left the meeting at 9:20 p.m. PUBLIC COMMENT (A-030-070 & C-110-100-400 & R-200-600 & S-020-550) Randy Franck opined that abatement proceedings do not allow the three parts of government to act independently. He thanked the City for the certificate he received from the City's Neighborhood Pride Program for cleaning up one of his residences. He indicated, however, that after he cleaned up the residence, his renter on two days before leaving called the City and reported code violations. He asked that the City not hire someone to do strictly code enforcement. He expressed dissatisfaction that only the lower-income areas would be addressed, and not the higher income areas. He also asked that the City continue providing mulch to City residents. He also expressed concern that the Sacramento River Trail does not provide access to either River Ridge Estates or River Ridge Terrace. He suggested that a trail be developed in the green belt area to provide this additional access. He opined that there would be no manufacturing plants in the area within five years and the City should not try to retain them. He concluded by recommending that the City sell its Electric Utility Department as soon as possible. John Reginato suggested that the City seek additional enforcement money for the Sacramento River from the Boating and Waterways Commission. He also recommended that the City approach Senator Johannsessen and Congressman Fazio to initiate any necessary legislation with regard to usage of the Sacramento River. Fran Jenkins, 2652 Sharon Street, supported the hiring of a Code Enforcement Officer. Patrick Buckley, 1557 Lakeside Drive, explained that the Sacramento River is not a Federal waterway, but is a navigable waterway to Reeds Ferry. He noted that in addition to Federal requirements, there are also State access requirements which require that access be granted to users of navigable waterways. He volunteered to participate in any committee which may be formed to review the issues surrounding the use of the Sacramento River by motorized vehicles. 07/16/96 191 CLOSED SESSION - Anticipated Litigation (L-100) Mayor McGeorge related that the City Council would be adjourning to closed session to discuss the following: Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to subdivision (c) of California Government Code Section 54956.9: 1 case. At the hour of 9:36 p.m., Mayor McGeorge adjourned the meeting to closed session. At the hour of 9:45 p.m., Mayor McGeorge reconvened the meeting to regular session. No action was taken. ADJOURNMENT There being no further business, at the hour of 9:45 p.m., Mayor McGeorge adjourned the meeting. APPROVED: /mil a �i ��_ •6 / Mayor ATTEST: ja„ mac City Clerk 07/16/96