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HomeMy WebLinkAboutMinutes - City Council - 1996-11-05 270 Redding City Council,Regular Meeting City Council Chambers 1313 California Street Redding, California November 5, 1996 7:00 p.m. The Pledge of Allegiance to the flag was led by Council Member Kehoe. The invocation was offered by John Keaney. The meeting was called to order by Mayor McGeorge with the following City Council Members present: P. Anderson, Kehoe, Murray and McGeorge. Council Member R. Anderson was absent. Also present were City Manager Warren, City Attorney Wingate, Assistant City Manager Perry, Public Works Director Galusha, Police Chief Blankenship, Fire Chief Wagner, Development Services Director Swanson, Deputy City Manager Starman, Police Captain Byard, Director of Community Services Gorman, Principal Planner Keaney, Senior Planner King, Senior Planner Hanson, Associate Planner Morgon, Associate Planner Thesken, Assistant City Clerk Moscatello, City Clerk Strohmayer, and Secretary to the City Council Rudolph. PRESENTATION BY FRIENDS OF THE PLAYGROUND - re Construction of Fantasy Fountain Adjacent to Kids Kingdom (P-050-145) Cliff Girard recalled that the Friends of the Playground agreed to support the City by maintaining Kids Kingdom as needed and assist with its further development. In conjunction with-this agreement, he stated that the Friends of the Playground is now requesting the City's permission to create a unique place for children to have fun, get wet, and stay cool. He indicated that the development would be known as Fantasy Fountain and would be located adjacent to Kids Kingdom. He related that the Friends of the Playground will design, finance, and construct the fountain, with the City assuming the maintenance. He indicated that the fountain will be designed by James Theimer, financing will be provided through individual and business sponsorships with in-kind donations of material and labor. Unlike Kids Kingdom, Mr. Girard related that the more skilled workers will be relied upon for the construction of the fountain. He estimated the cost of the fountain to be $75,000 to $95,000, of which Friends of the Playground has set aside $20,000. He anticipated construction to begin in the Spring of 1997, with completion prior to the summer recreation months. Rachael Saki, one of the students involved in the fountain's creation and design, requested that the City Council approve this wonderful project. Mr. Girard asked the City Council's permission to move forward with the development of Fantasy Fountain. Mayor McGeorge supported the project's development. In response to Council Member Murray, Community Services Director Gorman related that the Recreation and Parks Commission supports the construction of Fantasy Fountain and viewed it as an integral part of Enterprise Community Park's development. He explained that the fountain will fit in well with the surrounding development and considered it to be part of the Phase 1 A amenities. Council Member Kehoe encouraged the City Council to authorize the Friends of the Playground to proceed with this worthwhile project. Council Members P. Anderson and Murray concurred. City Manager Warren noted that Enterprise Community Park is truly a community park, as it has been designed using the community's input. He thanked the Friends of the Playground and Kids Kingdom for contributing these terrific assets to the park, as well as the community. It was the consensus of the City Council that the Friends of the Playground proceed with the design, financing, and construction of Fantasy Fountain in the Enterprise Community Park adjacent to Kids Kingdom. 11/05/96 271 PRESENTATION BY VIVA DOWNTOWN (P-050-300) Jeff Swanson, representing Viva Downtown, recalled that the City Council provided funding to assist with the start up costs of Viva Downtown. He stated that this was money well spent and can be considered an investment in the community. He presented the City with $3,150, representing the proceeds from Viva Downtown, to be utilized for the development of Library Park. He stressed that the proceeds represent the community spirit of the residents of Redding. On behalf of Viva Downtown, he thanked the City for its support. Mayor McGeorge and Vice Mayor P. Anderson presented the following individuals with certificates of appreciation: Linda Salter, Keith Berry, Shawn Tillman, Jeff Swanson, Jerry Brown, Naomi Yamamoto, Matthew Wells, Heather Cibula, Gini Holmes, Toni Pratt, Jim Gilmore, Marie Ritucci, James Theimer, Larry Morgon, Marjorie Rohwer, and Brian Sindt. Mayor McGeorge stated that these individuals were instrumental in organizing Viva Downtown and making it a success. PRESENTATION BY RENAISSANCE REDDING - re Library Park"Brick Fundraiser" (P-050-300) Jan Kearns, President of Renaissance Redding, proposed a joint venture with the City to raise funds for the development of Library Park. She explained that Renaissance Redding is proposing to conduct a "Brick Fundraiser", whereby each brick would be sold for $30, with $12 going toward Library Park improvements. She noted that the initial response to this concept has been positive, with over 175 pledges received to date. In addition to accepting the donation of these bricks, she explained that the City Council is being requested to accept these bricks into the design of the Library Park improvements and agree to warehouse, transport, and install the bricks when appropriate. She related that with the City Council's approval, the sale of the bricks will begin immediately and end March 1997. In response to Council Member Murray, City Attorney Wingate clarified that the proposal does not require a formal joint venture document, but merely the City Council's acceptance of the bricks and an agreement to store, transport, and install the bricks. Council Member Murray requested that the City Council also consider the agenda item regarding the Library Park update in conjunction with this item. It was the consensus of the City Council to allow Renaissance Redding to proceed with its"Brick Fundraiser" and agree to warehouse, transport, and install the bricks in conjunction with the Library Park improvements. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to accept the Report to City Council dated October 31, 1996, incorporated herein by reference, providing an update regarding Library Park. The Vote: Unanimous Ayes Ms. Kearns thanked the City Council for its support. Each City Council Member purchased and received a personalized brick. CONSENT CALENDAR Approval of Minutes - Special Meeting of August 14, 1996 Regular Meeting of August 20, 1996 Adjourned Regular Meeting of August 26, 1996 Special Meeting of September 3, 1996 Regular Meeting of September 3, 1996 Regular Meeting of September 17, 1996 Regular Meeting of October 1, 1996 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 8, for the period October 15, 1996, through October 31, 1996, check numbers 238262 through 239048 inclusive, in the amount of$5,081,745.60, and Payroll Register No. 8, for the period October 6, 1996, through October 19, 1996, check numbers 426166 through 426772 inclusive, and electronic deposit transaction numbers 32821 through 33133, totaling $1,303,034.63, be approved. TOTAL: $6,384,780.23 11/05/96 272 Treasurer's Report - September 1996 (A-050-100-600) Total Treasurer's Accountability - $ 83,250,110.33 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $211,221,295.25 ACR133 Report and Cash Reconciliation (F-205-095-650) It is the recommendation of the Finance Officer that the ACR133 Report and Cash Reconciliation for September 30, 1996, be accepted. Property Status Report (C-070) It is the recommendation of the Assistant City Manager that the City Council accept the Property Status Report as of October 1996 covering surplus City property and leases of City land. Amendment to Jobs Credit and Fee Deferral Payment Agreement - Seco Manufacturing (F-205-600) It is the recommendation of the Assistant City Manager that the City Council approve the First Amendment to the Jobs Credit and Fee Deferral Payment Agreement between the City of Redding, Paul Ogden, and Seco Manufacturing Co., Inc. dated November 7, 1996, thereby providing a 12- month extension for the recordation of the necessary Deed of Trust. Amendment to Agreement - Shasta Housing Development Corporation (G-100-030-038) It is the recommendation of the Assistant City Manager that the City Council approve Amendment No. 3 to the Community Development Block Grant Agreement with the Shasta Housing Development Corporation transferring the loan from the Alder Street site to 3510 South Market Street and allowing the repayment of the loan to be based upon residual receipts collected from said new location. Transaction Listing (B-050-100) It is the recommendation of the Deputy City Manager that the City Council accept the 3rd Quarter Transaction Listing of items between $5,000 and $25,000 approved by the City Manager. Resolution - CDBG Agreement with Shasta County Office of Education (G-100-030-041) It is the recommendation of the Development Services Director that Resolution No. 96-193 be adopted, a resolution of the City Council of the City of Redding approving the Community Development Block Grant (CDBG) agreement, for the period November 1, 1996, through October 31, 1997, in the amount of$33,908.00, between the City of Redding and the Shasta County Office of Education for the purchase and installation of playground equipment, and authorizing the City Manager to sign same. Resolution - Amending Service Employees International Union (SEIU) Clerical, Technical, and Professional Employee Unit's Memorandum of Understanding (MOU) re Building Division Reorganization Resolution - Amending SEIU Supervisors Employee Unit's MOU Resolution - Amending Executive Management Pay-for-Performance Salary Plan (P-100-050-124 & P-100-050-126 & P-100-320) It is the recommendation of the Human Resources Manager that the City Council adopt Resolution No. 96-194, a resolution of the City Council of the City of Redding amending Exhibit A-4 to the Memorandum of Understanding between the City of Redding and the Redding Employees Organization of the Service Employees International Union: Clerical, Technical, and Professional Employees' Unit, specifically the addition of the Senior Building Inspector classification. It is further recommended that Resolution No. 96-195 be adopted, a resolution of the City Council of the City of Redding amending Exhibit A-4 to the Memorandum of Understanding between the City of Redding and the Redding Employees Organization of the Service Employees International Union: 11/05/96 273 Supervisory Employees' Unit, specifically and addition of the Permit Center Supervisor classification and the retitling of the existing Senior Building Inspector classification to Building Inspection Supervisor. It is also recommended that Resolution No. 96-196 be adopted, a resolution of the City Council of the City of Redding establishing a new Executive Management Pay-for-Performance Salary Plan for unrepresented employees effective November 3, 1996, thereby changing the salary range of the Building Official classification. Resolution-re Agreement with Wheelabrator Shasta Energy Company, Inc. for Purchase of Wood Chips (B-050-100-700 & S-020-550) It is the recommendation of the General Services Director that Resolution No. 96-197 be adopted, a resolution of the City Council of the City of Redding authorizing entering into a one-year contract, November 1, 1996, through October 31, 1997, with Wheelabrator Shasta Energy Co., Inc. for the sale/purchase of wood chips (Bid Schedule No. 3016) at the sum of$15.00 per bone-dry ton of product. Notice of Completion - Bid Schedule No. 2993, Combustion Turbine Unit 1 SCR Ductwork Conversion (B-050-020 & E-120-150) It is the recommendation of the Public Works Director that Bid Schedule No. 2993 (Job No. 9703- 11), combustion turbine Unit No. 1 SCR ductwork conversion, awarded to Cal Electro, Inc., be accepted as satisfactorily completed and the City Clerk be authorized to file a Notice of Completion. The final contract price is $558,000. Resolution Accepting Streets and Acceptance of Improvements - Churn Creek Heights Subdivision Unit 2 (S-35-90) (East end of Arizona Street, east of Churn Creek Road) * (S-070-230 & S-100-084) It is the recommendation of the Public Works Director that Resolution No. 96-198 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Starthmore Drive and Murieta Loop in Unit 2 of the Churn Creek Heights Subdivision. It is further recommended that the improvements in the Churn Creek Heights Subdivision, Unit 2, be accepted as satisfactorily completed and that the City Clerk be instructed to return the securities to the developer. Award of Bid - Bid Schedule No. 3041, One Tractor for the Clear Creek Wastewater Treatment Plant (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 3041, one tractor for the Clear Creek Wastewater Treatment Plant, be awarded as follows: John Deere model 5500-4 wheel drive tractor with loader bucket, forklift, and rear mower attachments to Empire Equipment Company in the amount of$35,700.31, and a Tiger model RBF-19C extended boom flail cutter to Municipal Maintenance Equipment Company in the amount of$15,551.25. MOTION: Made by Council Member P. Anderson, seconded by Council Member Kehoe, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, Murray and McGeorge Noes: Council Members -None Absent: Council Members - R. Anderson Resolution Nos. 96-193, 96-194, 96-195, 96-196, 96-197, and 96-198 are on file in the office of the City Clerk. 11/05/96 274 PUBLIC HEARING - re Appeal of Conditions of Approval of Tentative Subdivision Map S-2-96, Hidden Brook Subdivision, by SBP Partners (South side of Old Alturas Road east of Shasta View Drive) (S-101-021) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding the appeal of the conditions of approval of Tentative Subdivision Map S-2-96 by SBP Partners. 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 9, 1996 City Clerk Strohmayer advised that no protests were received. Principal Planner Keaney provided an overview of the Report to City Council dated October 9, 1996, incorporated herein by reference, regarding the appeal of four conditions imposed by the Planning Commission relative to Tentative Subdivision Map S-2-96, Hidden Brook Subdivision: 1) Condition 10 - The applicant has stated that he would prefer the cost of the installation of the curb, gutter, sidewalk, landscape, street lighting, and the under grounding of existing utilities along the entire frontage of Old Alturas Road and its ultimate alignment be added to the per lot fee in Condition 12, rather than as a development cost at the time of recordation of a final map; 2) Condition 11 - The applicant has stated that he is opposed to funding the extra cost of constructing a fence of concrete, masonry, or stucco. He would prefer to construct a fence of concrete block post with wood insert; 3) Condition 12 - The applicant prefers that the cost of curb, gutter, sidewalk, and landscape in Condition 10 be added to the per-lot fee of this Condition 12. With such a proposal, the per-lot fee would increase to approximately $1,172.60 per lot, not including the cost of streetlights and under grounding of utilities; and 4) Condition 26 - The applicant has stated that he is opposed to constructing the fence with concrete, masonry, or stucco. As with Condition 11, he would prefer to construct the fence with concrete block posts and wood inserts. Mr. Keaney explained that approximately one year ago, the City's subdivision code was revised and required that masonry or an equivalent be used for fencing along major arterials. He noted, however, that the City does have the option not to require it. Mr. Keaney related that it is staff's opinion that the road improvement funding agreement, as required in Conditions 10 and 12, is an equitable solution and would not result in a significant departure from the City's policy to require improvements along the frontage of a project. He explained that since the realignment of Old Alturas Road will not occur immediately, the benefit district noted in Condition 12 provides relief to the road improvement requirements for small parcels along a major arterial such as this one. He indicated that both the Planning Commission and staff believe the fence requirements are consistent with the current Subdivision Ordinance and will reduce maintenance problems and improve visual quality along the City's main arterial streets. It is the recommendation of staff that the City Council deny the applicant's appeal of the four conditions and approve Tentative Subdivision Map S-2-96 and the conditions as approved by the Panning Commission on September 10, 1996. Attorney Archer Pugh, representing Azi Barzin, stated that his client is being requested to provide curb, gutter, and sidewalk which will profit the entire benefit district. He noted that the required solid barrier will restrict the lots fronting the street from utilizing this area. He opined that the City is requiring a developer to create benefits for an area, then excluding the residents from using them. He explained that by requiring the developer to pay for the street improvements upfront, i.e., curb, gutter, sidewalk, etc., these costs are incorporated in the price of the lot, which is passed on to the buyer. He suggested that it would be more appropriate to spread the street improvement fees on a per lot basis over the entire benefit district. Mr. Pugh noted that the Report to the Planning Commission states that the wood fences throughout the community are in disrepair. He opined that this was inadequate argument given the fact that there are areas where wood fences are located which are in good condition and well maintained. He referenced a subdivision to the north which was approved with a condition allowing a wood fence. Given the fact that the requirement for a concrete, masonry, or stucco fence is discretionary, he requested that the City Council allow the developer to construct a fence using block posts and wood inserts. 11/05/96 275 Council Member P. Anderson asked when the conditions for the subdivision to the north were approved. Mr. Pugh believed the conditions were approved in July or August. Council Member P. Anderson questioned why there was a discrepancy between the two subdivisions. Mr. Keaney related that at the time the subdivision to the north was approved, staff errored in not requiring a payment for the fencing. Council Member P. Anderson asked staff how the benefit fee was calculated. Mr. Keaney replied that staff considered the total acreage of the benefit area and the total number of potential lots to be developed. He stated the estimated cost of the road was then divided by the total number of potential lots to arrive at a per lot fee. In response to Council Member Murray, Mr. Pugh clarified that the curb, gutter, and sidewalks benefit the entire area and not just the property owners fronting the street. He reiterated that it would be appropriate to spread the cost over the entire benefit district. He stated that if the City Council does not believe the district was set up to handle this request, he requested that the requirement for the fee be delayed until the building permits are issued. Council Member Murray questioned whether there was a plan line for Old Alturas Road. Mr. Keaney responded that the County had a plan line for the road and noted that sections of the road to the east have been reconstructed based on this plan line. Council Member Murray noted that the developer is being required to put up the funds because the road is not ready to be developed. He asked if it would be possible for the developer to build a segment somewhere else along this particular road in lieu of paying the up-front fees. He explained that this concept would allow the developer to incorporate these costs into the subdivision's costs and eliminate the need for an additional obligation. Mr. Keaney replied that there are not many road improvements which can occur without constructing this particular section. Council Member Murray questioned who had approved the benefit district. Mr. Keaney related that staff believed the benefit district would be a reasonable way to determine who would pay the associated development costs. He noted that the district has not, however, been approved by the City Council. Council Member P. Anderson opined that the majority of the block post and wood fences are deteriorating. She suggested that staff prepare an ordinance which would amend the existing code and require block walls on all major arterial. Mayor McGeorge determined that there was no one else present wishing to speak on the matter and closed the public hearing. In response to Council Member Murray, Mr. Keaney explained that the road currently curves to the south and after the alignment, the road will be on the north side of the existing road. If the developer were to build the block fence at this point, it would be up to 60 feet away from its final location after the realignment. He pointed out that approximately 1 1/2 lots will have no fences or will be required to put up a temporary fence until the road is constructed. It was the consensus of the City Council to direct staff to return with the necessary ordinance requiring block walls on all major arterial. Staff was further directed to prepare a report regarding the process by which benefit districts are established. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to deny SBP Partners' appeal of the conditions approved by the Planning Commission for Tentative Subdivision Map S-2-96, Hidden Brook Subdivision. The Vote: Unanimous Ayes PUBLIC HEARING- re General Plan Amendment Application GPA-4-96 and Rezoning Application RZ-6-96, by John Pullen (2550 Goodwater Street) (G-030-010 & L-010-230) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding GPA-4- 11/05/96 276 96 and RZ-6-96. 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 24, 1996 Principal Planner Keaney highlighted the Report to City Council dated October 24, 1996, incorporated herein by reference, concerning the request to change the General Plan classification and zoning of the property located at 2550 Goodwater Avenue from "Greenway" and "U" Unclassified District to "Residential, 4.0 units per acre" and "R-1" Single-Family Residential District. He explained that the Enterprise Skypark has been abandoned and the need to maintain the current designations disappeared with the cessation of air traffic at the facility. It is the recommendation of the Planning Commission and staff that the City Council approve the Negative Declaration authorized by the Development Services Department and approve the General Plan amendment and rezoning of the subject property to"Residential, 4.0 units per acre" and "R-1" Single-Family Residential District. If the City Council concurs, the necessary ordinance should be offered for first reading, the full reading of said ordinance waived, and the necessary resolution adopted. Randall Comfort highlighted his letter dated November 5, 1996, incorporated herein by reference, requesting the City to provide a sidewalk at the end of Forest Court to allow access to the Clover Creek Park and require that the existing small grove of trees remain. Mayor McGeorge determined that there was no one else present wishing to speak on the matter and closed the public hearing. In response to Council Member P. Anderson, Development Services Director Swanson related that the sidewalk would require an easement across lot 4 of the proposed subdivision. Mr. Keaney interjected that staff has just started reviewing the tentative subdivision map for this 111 property. He noted that the City has previously required pedestrian easements. Mr. Swanson related that neighborhoods sometimes have differing opinions regarding the access which is provided to parks. He suggested that part of the tentative subdivision map review could include notifying neighbors of this recommendation and inviting them to submit their opinions before a definite recommendation is made. Council Member Murray recommended that stop signs be placed on Goodwater Street in both directions. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to approving Rezoning Application RZ-6-96 as recommended and that the City Council make the following findings regarding GPA-4-96 and RZ-6-96: 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 approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Resolution No. 96-199 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendment GPA-4-96, specifically changing the General Plan designation on property located 2550 Goodwater Avenue to "Residential, 4.0 units per acre." Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, Murray, and McGeorge Noes: Council Members - None Absent: Council Members - R. Anderson 11/05/96 277 Resolution No. 96-199 is on file in the office of the City Clerk. Council Member Kehoe offered Ordinance No. 2161 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 "R-1" Single-Family Residential District (RZ-6-96). MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2161 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes PUBLIC HEARING - Rezoning Application RZ-7-96, by Jim Graves (19415 Posey Lane) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding RZ-7- 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 dated October 24, 1996 City Clerk Strohmayer advised that no protests were received. Principal Planner Keaney provided an overview of the Report to City Council dated October 24, 1996, incorporated herein by reference, concerning the request to rezone property located at 19415 Posey Lane from "R1-B20" Single-Family Residential District to "R-1" Single-Family Residential District and"OS" Open Space District. He noted that the request would make the zoning consistent with a County-approved tentative subdivision map for Paramount Estates Subdivision. It is the recommendation of both the Planning Commission and staff that the City Council approve the Negative Declaration, approve the rezoning as recommended, offer the necessary ordinance for first reading, and waive the full reading of said ordinance. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to approve Rezoning Application RZ-7-96 as recommended and make the following findings: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes Council Member Kehoe offered Ordinance No. 2162 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 "R-1" Single-Family Residential District and "OS" Open Space District (RZ-7-96). MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2162 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes PUBLIC HEARINQ - re Rezoning Application RZ-2-96, by SBP Partners (North and south sides of Old Alturas Road, east of Shasta View Drive) (L-010-230) The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding Rezoning Application RZ-2-96. 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 29, 1996 11/05/96 278 City Clerk Strohmayer advised that a letter was received from the McConnell Foundation opposing the request. Principal Planner Keaney provided an overview of the Report to City Council dated October 29, 1996, incorporated herein by reference, regarding the Planning Commission's approval of the rezoning of properties located on the north and south sides of Old Alturas Road and east of Shasta View Drive from "RI-A" and "R1 A-B2A" Single-Family Residential Districts with Special Agricultural Combining Districts to "R-1" Single-Family Residential District. He explained that the rezoning was initiated by SBP Partners as the first step in developing two tentative maps approved this past summer (East Brook Subdivision, 3.14 acres, and Hidden Brook Subdivision, 4.67 acres). The Planning Commission expanded the boundaries of the rezoning request to include additional parcels on both sides of Old Alturas Road, comprising a total of 24 acres. He stated that the Planning Commission recommended that the entire area be rezoned to "R-1" Single-Family Residential. Mr. Keaney stated that it is the opinion of staff that the"R-1" Single-Family Residential designation for the existing adjacent development on the south side of Old Alturas Road is appropriate. However, staff believes a designation of"R1-B 10," single-family residential district, would be more appropriate for the north side of Old Alturas Road as there is no new development which has established a lot-size pattern. He explained that the "R1-B10" designation would cause a small reduction in the total number of lots developed in the area. He explained that staff believes that the final map for the subdivision can be reconfigured to meet the 10,000 square-foot minimum without requiring amendments to the tentative map. It is the recommendation of staff that the City Council approve the environmental negative declaration prepared for the project, approve the rezoning application as recommended by staff, rezone the properties south of Old Alturas Road to"R-1" Single-Family Residential District and the properties north of Old Alturas Road to "RI-B 10," offer the necessary ordinance for first reading, and waive the full reading of said ordinance. Mr. Keaney noted that while staff's recommendation differs from the Planning Commission's recommendation of"R-1" for the entire area, the Planning Commission was never presented with the alternative to rezone the area to "R-1" and "R1-B10." City Manager Warren stated that it was unfortunate that the Planning Commission did not have the same alternatives when they considered this matter. He indicated that the tone for development has already been set on the south side of Old Alturas Road and the"R-1" designation fits in well with the neighborhood. On the north side, however, he noted that the tone has not yet been set, as it is primarily rural. Due to the influence this particularly rezoning will have on the area immediately adjacent to it, he recommended that the City Council approve the"R-1" designation on the south side of Old Alturas Road and defer consideration of the property on the north side of Old Alturas Road. He recommended that the property to the north be referred to the General Plan Task Force for a recommendation as to the proper zoning. Mr. Warren noted that The McConnell Foundation is making a major investment in the community by constructing a new facility in the area of this proposed rezoning. As noted in their letter, The McConnell Foundation opposes designating the property on the north side of Old Alturas Road as "R-1." Mr. Warren recommended that in order to adequately plan for future development in the area that the City Council approve the designation of the property south of Old Alturas Road as "R-1," but defer consideration of the property north of Old Alturas Road. He recommended that the property north of Old Alturas Road be referred back to either the General Plan Task Force to determine the community's desire for the area or the Planning Commission for additional consideration and recommendation. Council Member P. Anderson questioned how long a decision on this matter would be delayed if the matter were referred to the General Plan Task Force. Mr. Keaney replied that the General Plan is scheduled to be adopted in September 1997, however, staff does not anticipate this time line can be met. Council Member Murray questioned how many residences are located in Hacienda Heights, which is located immediately adjacent to The McConnell Foundation's development. Mr. Keaney believed there were approximately 120 to 130 residences already constructed in Hacienda 11/05/96 279 Heights. He indicated that Hacienda Heights is zoned three units per acre and is located approximately one mile from the proposed subdivisions being considered this evening. Archer Pugh, representing SBP Partners, expressed his shock over staffs recommendation with regard to the property north of Old Alturas Road. He noted that the tentative subdivision maps were approved in late summer and early fall based on the pretense that the area would be rezoned "R-1." He indicated that the approval of these maps was after a public hearing proceeding where no one objected to the proposed"R-1" designation. He explained that staff's recommendation would result in the developer losing one lot and adding an additional street which, in turn, increases the developer's expenses. He related that the developer has already spent considerable time and money on engineering based on expectations given to him that the area would be zoned "R-1." He summarized by saying that based on the concerns raised by the City Manager and The McConnell Foundation and the potential time delays, the developer is willing to accept the property to the south being zoned "R-1" and the property to the north being zoned "R1-B 10." Mr. Pugh expressed umbrage with the comment in the staff report, wherein staff discussed the matter with the Planning Commission chair and two other members. He stressed that if staff strongly feels the Planning Commission should be consulted regarding an issue, the issue should be brought before the entire Commission and not just discussed with a couple of its members. Joe Machado indicated that while he had no problem with the "R-1" zoning in the two subdivisions, he questioned whether he had received prior notification that his property might be affected by this designation. He stated at the time his property was annexed to the City, he opposed his property's classification being changed from "commercial" to "residential." He indicated that the property owned by The McConnell Foundation has subsequently had its zoning changed to "office." Mr. Keaney reiterated that the Planning Commission expanded the boundaries of the request and that all affected property owners within the expanded boundary would have received proper notification of the Planning Commission hearing and the fact that their property's zoning designation might be impacted. He stated that he would have to check the actual mailing list to determine who specifically received notification. He noted, however, that if Mr. Machado received a notification of this evening's meeting, he would have also received any prior notifications, as the mailing lists are identical. Mayor McGeorge questioned whether staff had recommended that the boundaries of the rezoning request be expanded. Mr. Keaney related that the expansion of the boundaries had been the Planning Commission's decision. In response to Council Member Murray, Mr. Machado stated that his property is currently leased. He noted, however, that part of the advantage to owning this particular property is its agricultural use, therefore, the"residential" designation might not be compatible for a future use. He indicated that if the matter is referred back to the Planning Commission, affected property owners outside the subdivision boundaries should have more of a verbal say in the proposed zoning. Mayor McGeorge determined that there were no additional individuals present wishing to speak on the matter and closed the public hearing. Council Member Murray did not believe it would be appropriate to refer the matter to the General Plan Task Force. He opined that the City either needs to continue its current process of processing applications or stop immediately until the General Plan update is completed. He noted that one of the advantages to doing the General Plan update now was the fact that development is slow. He expressed his displeasure with The McConnell Foundation's letter. He stated that The McConnell Foundation's conference center looks down on the Hacienda Heights Subdivision and there is a school and park being developed down the street. He explained that the infrastructure in this area is based on the current General Plan and if we start altering that plan to any major degree, it affects the City's ability to pay assessments within those particular districts. He opined that the fact that staffs recommendation differs from the Planning Commission's recommendation raises a question of credibility. He found staffs statement that the proposed recommendation had been discussed with the Chairman of the Planning Commission and two of its members to be inappropriate. He stated that the proper course of action for staff should have been to appeal the Planning Commission's decision; instead, staff introduced new material. 11/05/96 280 Seeing no substantial reason for altering the Planning Commission's recommendation, Council Member Murray favored proceeding with its original recommendation. Mayor McGeorge concurred that the developer has spent a considerable amount of money on engineering and maps under the assumption that the"R-1" designation would be approved. Council Member Kehoe explained that he was initially inclined to deny the rezoning; however, after listening to testimony this evening, he was supportive of staff's recommendation to rezone the south side of Old Alturas Road to"R-1" and the north side to "RI-B 10." He stated that it was difficult to understand The McConnell Foundation's opposition given its location to Hacienda Heights. Council Member Murray made a motion to eliminate all properties within the Planning Commission's expanded boundaries and approve the rezoning application as originally submitted by the applicant, changing the property designation to "R-1." In an effort to reach a middle ground, he indicated that the motion would allow staff to readdress the property which was added at a later date, while still allowing the subdivisions to move forward. Mr. Wingate advised that if the City Council substantially changed the Planning Commission's recommendation, the matter must be referred back to the Planning Commission for further consideration. This motion died due to lack of a second. Council Member Kehoe questioned how many commissioners comprised the Planning Commission. City Attorney Wingate indicated that there are seven commissioners and confirmed that conferring with the Chairman and two commissioners was not a violation of the Brown Act. Council Member Murray was concerned about delaying the applicant's projects. He wanted to ensure that the City responds as quickly as possible to individuals applying for discretionary permits. He did not want to send the matter back to the Planning Commission and open it up again for debate. MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to approve RZ-2-96 as follows: rezone property on the south side of Old Alturas Road to "R-1" Single-Family Residential District and the property on the north side of Old Alturas Road to "RI-B10" Single- Family Residential District and make the following findings: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and approve the Negative Declaration authorized by the Development Services Department. The Vote: Unanimous Ayes Council Member Murray offered Ordinance No. 2163 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 "R-1" and "RI-B 10" Single-Family Residential District (RZ-2-96). MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, that the full reading of Ordinance No. 2163 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes DATE FOR SPECIAL ELECTION REGARDING PROPOSITION 62 (E-070-100 & L-040-300) City Manager Warren provided an overview of the Report to City Council dated October 31, 1996, incorporated herein by reference, recommending that the City Council proceed with scheduling a special election for February 4, 1997, regarding whether to ratify or repeal the business license and transient occupancy tax increases which were implemented in 1990. Mr. Warren explained that until the uncertainties surrounding Proposition 62 are decided by the legislature or the courts, the City is required to continue to operate in an uncertain financial environment. He stated that this uncertainty has made it, and will continue to make it, difficult to make important financial decisions. He recommended that the City Council schedule a special election for February 4, 1997, in order to resolve the matter quickly and separate it from other issues, such as the school bond election. He explained that if the City Council concurs, it would be appropriate to adopt a resolution calling for a special election on February 4, 1997, and adopting a resolution appropriating $35,000 for expenses associated with the special election. 11/05/96 281 City Attorney Wingate noted that the date of the special election, February 4, 1997, needs to be added to the resolution and would be changed accordingly upon its adoption. In response to Council Member Murray, Mr. Wingate stated that the City is obligated to include the ballot language in the resolution calling the special election and that the City Council must adopt the resolution not less than 88 days prior to the date of the election. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Resolution No. 96-200 be adopted, a resolution of the City Council of the City of Redding calling a special election on February 4, 1997, for the purpose of voting on a measure to ratify and continue increases to the transient occupancy and business license taxes which occurred in 1990. Voting was as follows: Ayes: Council Members -P. Anderson, Kehoe, Murray, and McGeorge Noes: Council Members -None Absent: Council Members - R. Anderson Resolution No. 96-200 is on file in the office of the City Clerk. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that Resolution No. 96-201 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 16th amendment to City Budget Resolution No. 96-130 appropriating $35,000 for costs related to the special election for business license and transient occupancy taxes. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, Murray, and McGeorge Noes: Council Members - None Absent: Council Members - R. Anderson Resolution No. 96-201 is on file in the office of the City Clerk. MONTHLY FINANCIAL REPORT - General Fund (B-130-070) Deputy City Manager Starman highlighted the Report to City Council dated October 25, 1996, incorporated herein by reference, regarding the General Fund's monthly financial report for September 1996. He stated that total revenue to date ($6.9 million) is slightly above (2.6 percent) staff's original cash flow estimate. Expenditures to date(excluding encumbrances) total $7,890,880, or $1,192,903 below staff's original cash flow projection. It is the recommendation of staff that the City Council accept the report as presented. MOTION: Made by Council Member P. Anderson, seconded by Council Member Murray, to accept the General Fund's monthly financial report for September 1996 as presented. The Vote: Unanimous Ayes MONTHLY FINANCIAL REPORT - Electric Utility (B-130-070) Deputy City Manager Starman provided an overview of the Report to City Council dated October 24, 1996, incorporated herein by reference, regarding the Electric Utility's monthly financial report for September 1996. It is the recommendation of staff that the City Council accept the report as presented. MOTION: Made by Council Member P. Anderson, seconded by Council Member Murray, to accept the Electric Utility's monthly financial report for September 1996 as presented. The Vote: Unanimous Ayes WESTERN AREA POWER ADMINISTRATION 1996 INTEGRATED RESOURCE PLAN FILING (E-120-900) Assistant City Manager Perry provided an overview of the Report to City Council dated October 25, 1996, incorporated herein by reference, concerning the City's requirement to file an integrated resource plan with the Western Area Power Administration (Western). 11/05/96 282 Mr. Perry explained that the Electric Utility Audit Management Committee held a discussion at its October 28, 1996, meeting concerning implications which could arise from its discussions of the options listed in the management audit and Western's allocation of power to Redding as a preferred customer. He indicated that it was the consensus of the committee that the City Council support the continuation of Redding's relationship with Western as a preferred customer and that the City Council maintain that status. Mr. Warren noted that a local firm was hired to meet with selected groups to obtain public input and the results will be shared with the City Council at a later date. It is the recommendation of staff that the City Council adopt the City of Redding Electric Utility's 1996 Integrated Resource Plan and authorize its submittal to Western. MOTION: Made by Council Member Kehoe, seconded by Council Member Murray, to adopt the City of Redding Electric Utility's 1996 Integrated Resource Plan and authorize its submittal to Western Area Power Administration. The Vote: Unanimous Ayes U.S. DEPARTMENT OF JUSTICE UNIVERSAL HIRING GRANT AWARD - Police Officers RESOLUTION - Appropriating Funds * (B-130-070 & G-100-070 & P-150-150) Police Chief Blankenship provided an overview of the Report to City Council dated October 22, 1996, incorporated herein by reference, regarding notification from the U. S. Department of Justice Community Oriented Policing Services office that the City would be receiving a grant award of $525,000 to be used to hire seven full-time police officers over a three-year period. He stated that this grant must be matched 25 percent the first year, 50 percent the second year, and 75 percent the third year. Chief Blankenship indicated that the grant would provide the opportunity for the department to start a parolee/probationer monitoring team, assign an investigator to code enforcement activities, continue the police officer on campus program for the high school district, and add an additional team to the highly successful Neighborhood Police Unit. He related that two new officers will be assigned as career criminal apprehension and tracking officers; one officer will be assigned as a code enforcement officer; and four officers will be assigned to be problem-oriented police officers. MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, to authorize the City Manager to execute the necessary award documents to accept the Universal Hiring Grant in the amount of$525,000 and adopt Resolution No. 96-202, a resolution of the City Council of the City of Redding approving and adopting the 15th amendment to City Budget Resolution No. 96-130 establishing four new full-time police officers, one police investigator full-time position, increasing appropriations by $361,300, and increasing revenue by $366,200. Voting was as follows: Ayes: Council Members - P. Anderson, Kehoe, Murray, and McGeorge Noes: Council Members - None Absent: Council Members- R. Anderson Resolution No. 96-202 is on file in the office of the City Clerk. ORDINANCE - Amending Appendix "A" to Redding Municipal Code Chapter 2.90 re Conflict of Interest for Designated Positions of the City (F-010-050-100) City Clerk Strohmayer's Report to City Council dated October 25, 1996, incorporated herein by reference, explained that Government Code Section 87306.5 of the Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate and up-to-date or, alternatively, that the code must be amended. Accordingly, in conjunction with the office of the City Attorney, it was determined that the list of designated employees be amended as follows: (1) Additions - Economic Development/Asset Manager, Deputy Fire Chief, Airports Manager, Information Systems Manager, Electric Utility Rates/Economic Analyst, Electric Utility Resource Planner, Electric Utility Power Control Manager, Electric Utility Power Production Manager, and Power Prescheduler; (2) Deletions - Director of Planning & Community Development, Director of Parks and Recreation, Science Museum Manager, Director of Information Systems, and Director of Airports; and (3) Clerical Change - position of Human Resource Manager be moved from Administrative Services to the Office of the City Manager. 11/05/96 283 It is the recommendation of staff that the City Council offer the necessary ordinance for first reading, thereby, amending the City's Conflict of Interest Code as mentioned above, and waiving the full reading of said ordinance. Council Member Murray offered Ordinance No. 2164 for first reading, an ordinance of the City Council of the City of Redding amending Appendix "A" to Redding Municipal Code Chapter 2.90 entitled Conflict of Interest for Designated Positions of the City. MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2164 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes LETTER OF APPRECIATION - re Commending Building Inspector Erickson for Exemplary Assistance (A-050-250-030) Mayor McGeorge read the letter dated October 16, 1996, incorporated herein by reference, from Michael Slone commending the Building Division and, in particular, Building Inspector Guy Erickson for his exemplary assistance. This was an informational item and no action was required. At the hour of 9:30 p.m., Mayor McGeorge declared the meeting recessed. At the hour of 9:35 p.m., Mayor McGeorge reconvened the meeting to regular session. CLOSED SESSIONS (L-100 & P-100-050-070) Mayor McGeorge stated that the City Council would adjourn to closed session to discuss the following: 1. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) California Government Code Section 54956.9: 1 case 2. Conference with Labor Negotiator Pursuant to California Government Code Section 54957.6 Agency Negotiator: Randy Bachman Employee Organization: Local Union 1245 of International Brotherhood of Electrical Workers AFL-CIO - Electric Employees At the hour of 9:35 p.m., Mayor McGeorge adjourned the meeting to closed session. At the hour of 10:35 p.m., Mayor McGeorge reconvened the meeting to regular session. No action was taken. ADJOURNMENT There being no further business, at the hour of 10:35 p.m., Mayor McGeorge declared the meeting adjourned. APPROVED: //%f - -- Mayor Mayor / ATTEST: � u City Clerk 11/05/96