HomeMy WebLinkAboutMinutes - City Council - 1997-08-19 187
Redding City Council
Regular Meeting
City Council Chambers
1313 California Street
Redding, California
August 19, 1997 7:00 p.m.
The Pledge of Allegiance to the flag was led by Human Resources Manager Randy Bachman.
The Invocation was offered by Pastor Bob Denham, First Nazarene Church.
The meeting was called to order by Vice Mayor Murray with the following City Council Members
present: R. Anderson, Kehoe, McGeorge, and Murray. Mayor P. Anderson's absence was excused.
Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate,
Electric Utility Director Feider, Public Works Director Russell, Police Chief Blankenship, Fire
Chief Wagner, Development Services Director Swanson, City Treasurer Linville, Deputy City
Manager Starman, Human Resources Manager Bachman, Customer Services/Utility Director Vokal,
Senior Planner King, Senior Planner Hanson, City Clerk Strohmayer, and Secretary to the City
Council Rudolph.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Minutes - Special Meeting of June 17, 1997
Regular Meeting of June 17, 1997
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register No. 3, check numbers 250519 through 250911
inclusive, in the amount of$4,499,247.36, be approved and paid, and Payroll Register No. 3, check
numbers 439822 through 440386 inclusive, and electronic deposit transfer numbers 40636 through
41031 inclusive, for a total of$1,366,758.55, for the period of July 27, 1997, through August 9,
1997, be approved.
TOTAL: $5,866,005.91
Resolution - Purchase of Handheld Portable Radios for Police Department
(B-050-100 & P-150-150)
It is the recommendation of the Deputy City Manager that Resolution No. 97-131 be adopted, a
resolution of the City Council of the City of Redding authorizing the purchase of police portable
radios from Motorola, in an amount not to exceed $72,700, pursuant to Redding Municipal Code
Section 4.20.120(H)(2).
Second Quarter Transaction Listing
(B-050-100)
It is the recommendation of the Deputy City Manager that the Second Quarter 1997 Transaction
Listing of purchases between $5,000 and $25,000 be accepted as presented.
Airport Business and Industrial Park - Use of Proceeds from Sale of Property
(C-070)
It is the recommendation of the Deputy City Manager that the proceeds from the sale of real
property at the Airport Business and Industrial Park be used to repay, in part, the internal loans
associated with said park, totaling approximately $0.6 million as of June 30, 1997.
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Resolution - Intention to Begin Abatement Proceedings at 703 Leland Court, owned by Greg
Bergland
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-132 be
adopted, a resolution of the City Council of the City of Redding to begin abatement proceedings on
the real property located at 703 Leland Court, currently owned by Greg Bergland.
Resolution - Intention to Begin Abatement Proceedings at 1601, 1607, 1609, 1611, 1615, and 1617
Magnolia Avenue, owned by Charlotte Garland
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-133 be
adopted, a resolution of the City Council of the City of Redding to begin abatement proceedings on
the real property located at 1601, 1607, 1609, 1611, 1615, and 1617 Magnolia Avenue, currently
owned by Charlotte Garland.
Resolution- Ordering Abatement of Structures on Property at 3204 Veda Street, owned by Amy L.
Garland
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-134 be
adopted, a resolution of the City Council of the City of Redding approving the Report and Findings
of the Board of Appeals and ordering the abatement of the unsafe and unsightly structures on
property at 3204 Veda Street, owned by Amy L. Garland.
Resolution - Ordering Abatement of Structures on Property at 1349 Willis Street, owned by
Jenniffer R. Luther
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-135 be
adopted, a resolution of the City Council of the City of Redding approving the Report and Findings
of the Board of Appeals and ordering the abatement of the unsafe and unsightly structures on
property at 1349 Willis Street, owned by Jenniffer R. Luther.
Resolution - Ordering Abatement of the Structures on Property at 2926 and 2926 1/2 Favretto
Avenue, owned by Steven R. Rhodes
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-136 be
adopted, a resolution of the City Council of the City of Redding approving the Report and Findings
of the Board of Appeals and ordering the abatement of the unsafe and unsightly structures on
property at 2926 and 2926'/2 Favretto Avenue, owned by Steven R. Rhodes.
Resolution- Ordering Abatement of the Structures on Property at 928-942 Yuba Street, owned by
John P. Elmore
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-137 be
adopted, a resolution of the City Council of the City of Redding approving the Report and Findings
of the Board of Appeals and ordering the abatement of the unsafe and unsightly structures on
property at 928-942 Yuba Street, owned by John P. Elmore.
Request to Use Redding Municipal Airport - Third Annual Wings and Wheels Weekend
(A-090-100)
It is the recommendation of the Development Services Director that the City Council approve the
request by IASCO Flight Center, in cooperation with the Northern California Drag Race
Association, to hold the Third Annual Wings and Wheels Weekend at the Redding Municipal
Airport on October 11 and 12, 1997, contingent upon review by the City Attorney and Risk
Manager as to proof of adequate insurance.
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Resolution - CDBG Funding Agreement with Golden Umbrella
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-138 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $12,403.00, between the City of Redding and the Golden Umbrella for Project
Match, for the period September 1, 1997, through August 31, 1998, and authorizing the City
Manager to sign same.
Resolution - CDBG Funding Agreement with Shasta Homeless Shelter Coalition
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-139 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $30,000.00, between the City of Redding and the Shasta Homeless Shelter
Coalition for the winter armory emergency shelter, for the period September 1, 1997, through
August 31, 1998, and authorizing the City Manager to sign same.
Resolution - CDBG Funding Agreement with Shasta County Women's Refuge
(G-100-030-042)
It is the recommendation.of the Development Services Director that Resolution No. 97-140 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $35,000.00, between the City of Redding and the Shasta County Women's
Refuge for housing and counseling services, for the period November 1, 1997, through October 31,
1998, and authorizing the City Manager to sign same.
Resolution - CDBG Funding Agreement with Shasta Senior Nutrition Program, Inc.
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-141 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $7,500.00, between the City of Redding and the Shasta Senior Nutrition
Programs, Inc., for emergency food assistance, for the period September 1, 1997, through August
31, 1998, and authorizing the City Manager to sign same.
Resolution - CDBG Funding Agreement with Martin Luther King, Jr. Memorial Center
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-142 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $12,000.00, between the City of Redding and the Martin Luther King Jr.
Memorial Center for the purchase of computers, printer, and related software, for the period August
1, 1997, through July 31, 1998, and authorizing the City Manager to sign same.
Resolution - CDBG Funding Agreement with Turtle Bay Museums and Arboretum
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-143 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $16,500.00, between the City of Redding and the Turtle Bay Museums and
Arboretum Backyard Museum Program, for the period September 1, 1997, through August 31,
1998, and authorizing the City Manager to sign same.
Resolution - CDBG Funding Agreement with Dr. Lynne Pappas
(G-100-030-042)
It is the recommendation of the Development Services Director that Resolution No. 97-144 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed $2,800.00, between the City of Redding and Dr. Lynne Pappas for the
emotional well-being program, for the period September 1, 1997, through August 31, 1997, and
authorizing the City Manager to sign same.
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Resolution - CDBG Funding Agreement with Family Service Agency
(G-100-030-042)
•
It is the recommendation of the Development Services Director that Resolution No. 97-145 be
adopted, a resolution of the City Council of the City of Redding approving the agreement, in an
amount not to exceed$15,849.00, between the City of Redding and the Family Service Agency for
office remodeling, for the period September 1, 1997, through August 31, 1998, and authorizing the
City Manager to sign same.
Award of Bid - Bid Schedule No. 3122, Furnishing Electric Line Clearance Services
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid Schedule No. 3122, electric line
clearance services (tree trimming), be awarded to Davey Tree Surgery Company in the amount of
$198,000. Funds for this service are contained in the 1997-98 fiscal year budget.
Status Report - Electric Utility Lifeline Rates
(E-090-100)
It is the recommendation of the Electric Utility Director that the status report regarding the Electric
Utility Lifeline Rates dated August 11, 1997, incorporated herein by reference, be accepted as
presented.
Appointment of Electric Utility Financing Team
(E-090-160-220)
It is the recommendation of the Electric Utility Director that the City Council appoint J. P. Morgan
and Orrick, Herrington& Sutcliffe as the City's investment banker and bond counsel, respectively,
for the Electric Utility debt restructuring.
Resolution - Emergency Medical Services Grant - re Purchase of Vehicle Extrication Equipment
(G-100-170-700 & P-150-070)
It is the recommendation of the Fire Chief that Resolution No. 97-146 be adopted, a resolution of
the City Council of the City of Redding authorizing the acceptance of a grant from the State of
California Office of Traffic Safety for the purchase of vehicle extrication equipment and the filing
of a Traffic Safety Project Agreement (Project No. EM9805: "First Responder Rescue Equipment
Project").
Resolution - Amending Memorandum of Understanding with IBEW-Maintenance Unit re Pilot
Standby Duty Policy
(P-100-050-070)
It is the recommendation of the Human Resources Manager that Resolution No. 97-147 be adopted,
a resolution of the City Council of the City of Redding amending the Memorandum of
Understanding entered into between the City of Redding and the International Brotherhood of
Electrical Workers, Location Union 1245, Maintenance Employees, effective September 22, 1996,
by incorporating a one-year pilot Standby Duty Policy.
Award of Bid - Bid Schedule No. 3123, Tractor with Loader/Backhoe
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3123, tractor with
loader/backhoe, be awarded to the lowest responsive bidder, GCS-Western Power and Equipment
of Redding, in the amount of$64,213.72.
Acceptance of Final Map and Improvements - Tierra Oaks Estates, Unit 2, Tract 1720, PD-1-94
(Old Oregon Trail, south of the intersection of Bear Mountain Road)
(L-010-211-002)
It is the recommendation of the Public Works Director that the improvements in Tierra Oaks
Estates, Unit 2, developed by Thomas Lowe, be accepted as satisfactorily completed and the City
Clerk be instructed to file the map with the Shasta County Recorder.
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It is further recommended that the improvements in Tierra Oaks Estates, Unit 2, be accepted by the
City for maintenance.
Award of Bid- Bid Schedule No. 3125, Redding Municipal Airport Eastside Improvements, Phase
2
(B-050-020 & A-090-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3125 (Job No. 9333),
Redding Municipal Airport Eastside Improvements, Phase 2,be awarded to River City Construction
in the amount of$583,000, an additional $50,000 be approved to cover the cost of engineering and
inspection fees, and $50,000 be approved to provide a construction contingency fund, for a total
of$683,000.
Resolution -re Summary Vacation of Public Service Easement and Construction Easement - 3055
Crossroad Drive
(A-010-040)
It is the recommendation of the Public Works Director that Resolution No. 97-148 be adopted, a
resolution of the City Council of the City of Redding summarily vacating a 15' wide public service
easement and a 5' wide construction easement located at 3055 Crossroads Drive.
Resolution - Appropriating Funds to Water Utility for Waterline Improvements in Market Street
Streetscape Project
* (B-130-070 & W-030-725)
It is the recommendation of the Public Works Director that Resolution No. 97-149 be adopted, a
resolution of the City Council of the City of Redding approving and adopting the 4th amendment
to City Budget Resolution No. 97-111 appropriating$75,000 for waterline improvements on Market
Street.
MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, that all the
foregoing items on the Consent Calendar be approved and adopted as recommended.
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray
Noes: Council Members - None
Absent: Council Members - P. Anderson
Resolution Nos. 97-131, 97-132, 97-133, 97-134, 97-135, 97-136, 97-137, 97-138, 97-139, 97-140,
97-141, 97-142, 97-143, 97-144, 97-145, 97-146, 97-147, 97-148, and 97-149 are on file in the
office of the City Clerk.
PUBLIC HEARING -re Appeal by Jerry Nash of Conditions of Approval of Tentative Subdivision
Map Application S-1-97, Churn Creek Meadows, Unit 8
(S-100-088)
Planning Manager Keaney provided an overview of the Report to City Council dated August 8,
1997, incorporated herein by reference, regarding Jerry Nash's appeal of conditions of approval of
Tentative Subdivision Map Application S-1-97, Churn Creek Meadows, Unit 8. He explained that
Mr. Nash of Nash Construction appealed the following two conditions of approval: (1) Condition
20 - installation of a six-foot-high, decorative, block-post fence with wood inserts along the north
property line for a distance of 490 feet, and (2) Condition 21- landscaping adjacent to the arterial,
including street trees on 30-foot centers, stamped concrete, ground cover, and annexation to a
landscape maintenance district.
Mr. Keaney stated that improvement requirements for a single-family residential subdivision do not
typically specify fencing at the rear lots of residences, except when adjacent to a public street. In
this instance, however, four lots abut the south end of Enterprise Community Park with the rear
yards open to the public view from the park and Victor Avenue. He indicated that the intent of the
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condition is to maintain a consistent appearance from the park and Victor Avenue. He related that
Mr. Nash is requesting that either Condition 20 be eliminated or that the City share in the cost of
the fence, as it would be adjacent to a City facility.
Mr. Keaney explained that across the street adjacent to Churn Creek Meadows, Units 6 and 7, the
street trees were on 60-foot centers with cobbles and the City was legally responsible for their
maintenance. In an effort to preserve continuity on Victor Avenue, Mr. Nash would like to install
similar landscape adjacent to Unit 8. Additionally, Mr. Nash does not want to annex into the
landscape maintenance district, which would obligate the City to maintain this area.
Mr. Keaney noted that Churn Creek Meadows tentative subdivision map was originally approved
in 1983,prior to its annexation to the City. Because the tentative map expired, it was necessary for
Nash Construction to submit a new tentative map for approval on Unit 8. He conveyed that the City
upgraded its arterial street landscape requirements in 1986, which accounts for the different
landscaping requirements along Victor Avenue.
Mr. Keaney stressed that the intent of the fencing and landscaping requirements was to improve the
project's appearance and to assist the City's efforts to raise the level of development quality in the
City. He indicated that it is the belief of both the Planning Commission and staff that the installation
of a fence on the north property line and landscaping on the east property adjacent to Victor Avenue
are necessary components of the project. He pointed out that the upgraded landscaping requirements
have been applied to all new subdivisions since 1986, and that annexation to a landscape
maintenance district was the only practical way to ensure continued maintenance of the
improvements.
It is the recommendation of staff that the City Council deny the applicant's appeal of Conditions 20
and 21 and uphold the Planning Commission's approval of Tentative Subdivision Map S-1-97 and
corresponding conditions of approval.
Len Napoli,Nash Construction, related that after completing Unit 7, Nash Construction was led to
believe that Victor Avenue was completed and planned accordingly for the development of Unit 8,
the final phase of Churn Creek Meadows. He stated that this was not the case, however, and
additional costs were encountered when the tentative map was submitted for approval. He indicated
that typically the cost of a fence was split between the two parties receiving benefit from its
installation. In this case, however, the City was not willing to bear such a cost, thereby driving up
the project's cost. Additionally,he noted that there were no sidewalks in the area, but Churn Creek
Meadows, Unit 8, was being required to install curbs, gutters, and sidewalks in anticipation that the
whole community would have to conform to this standard at a later date. Also, the City was
requesting landscaping which it perceived to be better, however, it would also increase the project's
total cost. He viewed the two conditions being appealed as unfair, but he believed a reasonable
solution could be reached between both parties.
Jerry Nash, Nash Construction, submitted petitions signed by residents of Churn Creek Meadows
requesting that the City require Unit 8 to have landscaping which coincides with the landscaping
currently existing along Victor Avenue and avoid imposing assessment fees which would burden
its residents. He pointed out that the staff report implied that the requirement for planting trees on
60-foot center was not fulfilled. He noted, however, that they had consulted with representatives
from the City's Public Works and Recreation and Parks Departments and were informed not to plant
the trees due to the steep bank and the inability to provide proper irrigation. With regard to
maintenance of the existing landscaping within Churn Creek Meadows, he explained that the City
waters them approximately two times during the summer. He related that the homeowners, as well
as Nash Construction, provide any additional maintenance, resulting in minimal maintenance costs
and no loss of trees or shrubbery.
Mr. Nash noted that Kaufman and Broad's conditions required trees to be placed 30 feet on center
with bushes planted between each tree. He challenged anyone to locate trees along Victor Avenue
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on the east side of Victor Avenue north of Enterprise Community Park. He related that he has been
unable to find where any other developer has been required to utilize stamped concrete. He stated
that the Kaufman and Broad subdivision, located on the other side of Victor Avenue, is in
Landscape Maintenance District B. He did not believe the landscape maintenance districts were the
answer to any landscaping problems, as approximately one third of the trees and bushes in this
development were dying.
Mr. Nash requested that the City Council modify Churn Creek Meadows, Unit 8, conditions to
require trees to be planted 60 feet on center, as required in the previous units, and allow the
homeowners and developer to provide maintenance, rather than joining a landscape maintenance
district. If agreement could be reached, he proposed to install curb, gutter, and sidewalk from one
intersection to the other. He suggested the City Council defer action on this matter for two weeks,
thereby allowing one or two City Council Members to visit the area between Churn Creek Road and
Hartnell Avenue and observe the area's landscaping requirements.
Council Member R. Anderson questioned what effect Proposition 218 would have on requiring this
subdivision to join a landscape maintenance district.
City Attorney Wingate explained that because the developer is the property owner, the law provides
that as a condition of the tentative subdivision map, the property could be placed in a landscape
maintenance district with the developer being required to sign the petition, thereby validating the
annexation of the area into a landscape maintenance district.
Council Member R. Anderson expressed concern with expanding the landscape maintenance
districts, and he favored dissolving the existing districts.
Council Member Kehoe stated that after having heard the presentation this evening, one is left with
the impression that the City changed the rules in midstream.
Mr. Swanson assured the City Council that the rules have been applied uniformly to all subdivisions
since 1986. He explained that this particular subdivision took several years to build out, and the
City's standards had been upgraded in the intervening years. He recalled that the City Council took
the position that the City's streetscape was not adequate and tfees needed to be closer, and rock
ground cover did not provide enough aesthetic appeal.
Council Member Kehoe questioned whether the rules had changed with regard to Churn Creek
Meadows.
Mr. Swanson responded that the previous units were constructed under a tentative map which
expired and this unit was under a new application.
Council Member McGeorge questioned where the requirement for stamped concrete came from.
Planning Manager Keaney explained that stamped concrete was suggested due to concerns about
reducing the annual costs in the landscape maintenance districts. Due to the length of street frontage
compared to the number of lots, staff was attempting to reduce the amount of vegetation and
ultimately long-range maintenance costs. Mr. Keaney acknowledged that this was the first
development where stamped concrete was made a condition of approval.
In response to Vice Mayor Murray, Mr. Keaney stated that there would be a standard sidewalk, but
the area between the sidewalk and the fence would alternate landscaping and stamped concrete. In
the long-run, it was believed that the stamped concrete would cost less than requiring landscaping.
Vice Mayor Murray questioned how much developable property remained between Hartnell Avenue
and Churn Creek Road on Victor Avenue. Mr. Keaney replied there was no developable property
remaining.
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With regard to Mr. Nash's proposal to install curb, gutter and sidewalk to the south, Mr. Murray
questioned who would be ultimately responsible for providing these improvements. Mr. Keaney
related that the City would be required to install these items when Victor Avenue was widened to
four lanes.
It was the consensus of the City Council to refer the matter back to staff for further negotiation. In
addition, they preferred to have conformity along both sides of Victor Avenue and favored allowing
Mr. Nash to proceed with the installation of curb, gutter, and sidewalk farther down Victor Avenue.
Vice Mayor Murray requested staff to look into the cost of the proposed fence, as he believed the
City should bear one-half the cost, as it protected the park.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to
continue the public hearing regarding the appeal of conditions of approval of Tentative Subdivision
Map S-1-97, Churn Creek Meadows,Unit No. 8, to September 2, 1997. The Vote: Unanimous Ayes
PUBLIC HEARING - Rezoning Application RZ-16-96, by West Redding Properties and the City
of Redding (3333 Placer Street and the area generally south of South Street and east of
Buenaventura Boulevard)
(L-010-230)
Planning Manager Keaney highlighted the Report to City Council dated July 30, 1997, incorporated
herein by reference, regarding the request to rezone property located at 3333 Placer Street from "R-
1" Single-Family Residential District, "R-2" Duplex Residential District, and "C-1-F"
Neighborhood Commercial District with Site Plan Review Combining District to "C-1-F"
Neighborhood Commercial District with Site Plan Review Combining District and"U"Unclassified
District.
It is the recommendation of staff that the City Council approve the rezoning as recommended,
approve the Negative Declaration, offer the necessary ordinance for first reading, and waive the full
reading of said ordinance.
Carolyn Bolger, 3217 Placer Street, stated that she owns property directly across from the proposed
rezoning which is currently zoned "R-2." She explained that the area is no longer conducive to
residential zoning and requested that her property also zoned commercial. She related that an
automobile recently drove into her residence and had it not been for the obstacles it struck along the
way, her 15-year-old child would probably have been killed.
In response to Vice Mayor Murray, Ms. Boldger explained she has requested that her zoning be
changed as part of the overall General Plan update.
Stephen Dean, 16335 North Street, representing Ruth Wholen, stated that a letter had previously
been sent to the Planning Division requesting that Ms. Wholen's property also be classified as
commercial. He explained that with the rezoning occurring in the area, an island of residential
zoning has been created.
Vice Mayor Murray determined that there was no one else present wishing to speak on the matter
and closed the public hearing.
In response to Council Member R. Anderson, Mr. Keaney explained that staff is aware of the need
to reclassify the two properties mentioned, however, a general plan amendment would be required.
The property owners were given the option of either applying for a general plan amendment or
writing letters requesting that it be considered as part of the overall General Plan update. He stated
that staff pointed out that unless there were immediate plans to develop the property, it would
probably be more appropriate to do as part of the General Plan update and result in the least cost
for the property owners.
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Council Member R. Anderson questioned what it would cost to proceed with a general plan
amendment, rather than waiting for the General Plan update. Mr. Keaney estimated it.would cost
between $2,500 and$3,000 to process a General Plan amendment, but noted that the City does not
recover all of its processing costs.
Vice Mayor Murray questioned whether either of the property owners had immediate plans for their
property in the coming year. Both responded that they did not have immediate plans for the
property.
Vice Mayor Murray requested staff to contact both of the property owners who addressed the City
Council this evening and explain how they could participate in the General Plan update process in
addition to writing letters.
Mr. Keaney assured the City Council that individuals who had written letters would be contacted
when those specific areas were addressed.
It was the consensus of the City Council that the additional two properties referenced this evening
should be addressed as part of the overall General Plan update.
MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to approve
the rezoning application as recommended and make the following findings regarding Rezoning
Application RZ-16-96:
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
Council Member McGeorge offered Ordinance No. 2187 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 "C-1-F" Neighborhood
Commercial District with Site Plan Review Combining District and "U" Unclassified District (RZ-
16-96).
MOTION: Made by Council Member McGeorge, seconded by council Member Kehoe, that the full
reading of Ordinance No. 2187 be waived and the City Attorney instructed to read the full title. The
Vote: Unanimous Ayes
PUBLIC HEARING - re Rezoning Application RZ-5-97, by Elva Farley (1515 Charles Drive)
(L-010-230)
Principal Planner Keaney highlighted the Report to City Council dated August 5, 1997, incorporated
herein by reference, regarding the request to rezone property at 1515 Charles Drive from "U"
Unclassified District to "M-2-B20-F" and M-2-B 1 A-F" Industrial Districts with Site Plan Review
Combining Districts and"OS"Open Space District. The parcel is 45 acres in area and is the subject
of the Tentative Lot Split Map LS-8-96 approved by the Board of Administrative Review on
October 16, 1996. The tentative parcel map required that the rezoning be approved prior to
recordation of the final map.
It is the recommendation of both the Planning Commission and staff that the City Council approve
the rezoning as recommended, approve the Negative Declaration, offer the necessary ordinance for
first reading, and waive the full reading of said ordinance.
Vice Mayor Murray stated that it is often difficult for developers to determine where specific zoning
starts and stops on maps.
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Mr. Keaney.explained that in most cases, the open space designation would match grading. He
stated that if there was any variance, the benefit of doubt would go to the developer.
Vice Mayor Murray determined that there was no one present wishing to speak on this matter and
closed the public hearing.
MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to approve
the rezoning application as recommended and make the following findings regarding Rezoning
Application RZ-5-97:
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 McGeorge offered Ordinance No. 2188 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 "M-2-B20-F" and"M-2-B 1 A-F"
Industrial Districts with Site Plan Review Combining Districts and"OS" Open Space District (RZ-
5-97).
MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that the full
reading of Ordinance No. 2188 be waived and the City Attorney instructed to read the full title. The
Vote: Unanimous Ayes
PUBLIC HEARING - re Rezoning Application RZ-8-97, by the City of Redding (10.98 acres
located on both sides of Buenaventura Boulevard east of its intersection with Canyon Creek Road)
('L-010-230)
Planning Manager Keaney provided an overview of the Report to City Council dated July 30, 1997,
incorporated herein by reference, regarding the request to rezone 10.98 acres from "M-2-FP"
Industrial District with Floodplain Combining District and"U-FP" Unclassified District to "C-6-F"
Limited Service Commercial District with Site Plan Reviewing Combining District and"OS" Open
Space District.
It is the recommendation of staff that the City Council approve the rezoning as recommended,
approve the negative declaration, offer the necessary ordinance for first reading, and waive the full
reading of said ordinance.
Mr. Keaney pointed out that the property is owned by Paul Edgren of Signature Northwest, who was
recently appointed to the Planning Commission; and he did not participate in the deliberations on
this matter.
In response to Council Member R. Anderson, Mr. Keaney explained that the"C-6" classification
would allow a wide range of uses, i.e., trucking, warehouse, but would not allow a lumber mill.
He stated that it was the opinion of both staff and the Planning Commission that this classification
would be consistent with the industrial classification.
Vice Mayor Murray preferred a"C-2" classification. He noted that the conditions permitted outside
storage fences, but did not require covering such areas. He did not want to get into a similar
situation as what occurred on the Rochlitz' property.
In response to Vice Mayor Murray, Mr. Keaney explained that "C-2" zoning would invite uses
which increased traffic and create more driveway and turn movements. It was believed that the"C-
6" classification would encourage lower volume uses. He related that there was an approved parcel
map which allows this property to be divided.
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Vice Mayor Murray determined that there was no one present wishing to speak on this matter and
closed the public hearing.
Vice Mayor Murray did not view the recommendation as"good planning." He believed controlling
the number of curb cuts would control traffic. He did not view "C-6" as being less intensive as a
"C-2"classification. He preferred leaving the existing zoning and not approve the lot split unless
an off-site road was developed.
Mr. Keaney related that it was determined that the depth of the parcels would not allow a frontage
road to be developed.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to
approve the rezoning application as recommended and make the following findings regarding
Rezoning Application RZ-8-97:
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 McGeorge offered Ordinance No. 2189 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 "C-6-F" Limited Service
Commercial District with Site Plan Review Combining District and "OS" Open Space District (RZ-
8-97).
MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, that the full
reading of Ordinance No. 2189 be waived and the City Attorney instructed to read the full title. The
Vote: Unanimous Ayes
BENTON LANDFILL - Proposed Golf Driving Range
(C-070-010-075)
Assistant City Manager Perry provided an overview of the Report to City Council dated August 15,
1997, incorporated herein by reference, regarding several inquiries pertaining to the establishment
of a golf driving range at the Benton Landfill. In reviewing the proposals, the requests appear to
be worth exploring in order to make use of an idle asset. Since there may be competing
applications, he explained that it would be appropriate for the City to solicit proposals which would
cover, among other things, the following: location and area; improvements; and revenue to the City.
It is the recommendation of staff that the City Council authorize staff to issue a Request for
Proposals for the establishment of a driving range at the Benton Landfill.
Council Member Kehoe pointed out that the staff report assumes that the best use of the property
would be for a golf driving range. He requested an analysis which would determine the best use of
the property prior to making a decision on the matter.
Mr. Perry pointed out that landfills were typically left for approximately 25 years to allow for
settlement and compaction to occur before other uses were even considered. He explained that four
parties have approached the City with an interest in establishing a driving range, therefore, staff
believed an opportunity existed to explore its feasibility.
Council Member R. Anderson expressed concern with setting the land aside for a golf driving range
for a period of 10 to 20 years if a better use was more profitable.
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Vice Mayor Murray acknowledged that there was a considerable amount of area at the landfill and
that it may be possible to accommodate a number of uses. He suggested that staff compile
additional information for the City Council's consideration, including any additional information
received from the Water Quality Control Board.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to defer
action on the issuance of Request for Proposals for a golf driving range at Benton Landfill until staff
prepared an analysis as to the best use for the property. The Vote: Unanimous Ayes
LATE FEE POLICY - re Delinquent Utility Accounts
(U-500)
Deputy City Manager Starman reviewed the Report to City Council dated August 7, 1997,
incorporated herein by reference, regarding a possible amendment to the City's late fee policy
pertaining to delinquent utility accounts. He explained that since the June 17, 1997, meeting, the
City Attorney has clarified his opinion and has concluded that the City can implement any late fee
policy it wishes, as long as it is reasonable.
Mr. Starman related that a relatively small percentage of the City's utility customers consistently
do not pay their bills on time and account for a large percentage of the workload in Customer
Service. It is staffs belief that a progressive late fee policy would encourage these customers to pay
their bills in a more timely fashion. It is, therefore, the recommendation of staff that the City
Council: (1) Implement a progressive late fee policy which would be structured as follows: a late
fee of 1.5 percent of$3.00 (whichever is greater) could be assessed on the delinquent unpaid balance
if a customer only had one late payment within a 12-month period; a late fee of 3.0 percent or $6.00
(whichever is greater) could be assessed on the delinquent unpaid balance if a customer had two late
payments within a 12-month period; and a late fee of 6.0 percent or $12.00 (whichever is greater)
could be assessed on the delinquent unpaid balance if a customer had three or more late payments
within a 12-month period; (2) Direct staff to amend City Council Policy 1404 accordingly and bring
it back for the City Council's consideration at its September 2, 1997, meeting; and(3) Direct staff
to develop an implementation schedule which takes into account the time necessary to notify
customers, train staff, and make necessary programming changes.
Council Member Murray opined that there were options which had not been addressed in the report,
i.e., rewarding on-time payments or early payments, more punitive surcharges. He did not believe
a 1 percent penalty would entice on-time payments. He pointed out that the City was paying
approximately $450,000 to collect $217,000 which, in his view, was not prudent.
Council Member McGeorge questioned how long a customer had to pay a utility bill before it was
considered delinquent.
Mr. Starman indicated that typically a customer has 20 days to make payment.
Council Member McGeorge pointed out that most commercial customers are offered a discount for
paying within 10 days.
Council Member Kehoe questioned how much would be generated by the accelerated rate schedule.
Mr. Starman estimated that figures would roughly double.
In response to Council Member Kehoe, Mr. Starman estimated that the new schedule would be
implemented on January 1, 1998, to allow programming to be put in place and to notify customers
of the new program.
Council Member Kehoe viewed staff's recommendation as lenient and recommended that something
more realistic be adopted at the time the 23 percent surcharge sunsets.
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Council Member R. Anderson viewed the recommendation as a first step while other alternatives
were being considered.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to direct
staff to: (1) Implement a progressive late fee policy which would be structured as follows: a late
fee of 1.5 percent of$3.00(whichever is greater) could be assessed on the delinquent unpaid balance
if a customer only had one late payment within a 12-month period; a late fee of 3.0 percent or $6.00
(whichever is greater) could be assessed on the delinquent unpaid balance if a customer had two late
payments within a 12-month period; and a late fee of 6.0 percent or $12.00 (whichever is greater)
could be assessed on the delinquent unpaid balance if a customer had three or more late payments
within a 12-month period; (2) Amend City Council Policy 1404 accordingly and bring it back for
the City Council's consideration at its September 2, 1997, meeting; and (3) Develop an
implementation schedule which takes into account the time necessary to notify customers, train staff,
and make necessary programming changes.
Voting was as follows:
Ayes: Council Members - R. Anderson, McGeorge, and Murray
Noes: Council Members - Kehoe
Absent: Council Members - P. Anderson
DEBT SERVICE PAYMENT - Churn Creek Road Extension #1 Assessment District No. 1989-5
(A-170-120-100)
Deputy City Manager Starman highlighted the Report to City Council dated August 1, 1997,
incorporated herein by reference, regarding the advancement of funds for the September 2, 1997,
debt service payment for Churn Creek Road Extension #1 Assessment District No. 1989-5.
Mr. Starman explained that staff believes it is desirable to avoid having the City's name linked to
a bond default and, therefore,recommends that the City Council approve the advancement of funds
in the amount of$43,257 to cover the September 2, 1997, debt service payment as follows: General
Fund - $24,440; Water Fund - $9,949; and Storm Drainage - $8,868.
City Attorney Wingate related that the City is subject to a stay of all proceedings by the bankruptcy
court. He stated that outside legal counsel has been retained. He pointed out that the court has
under consideration a proposed plan of reorganization which would require a five-year payment
program. He estimated that all parcels, with the exception of one, had adequate value to repay the
funds expended.
In response to Council Member R. Anderson, Mr. Wingate explained that if the bondholders
foreclose, it could potentially affect a creditor's view of a future City bond issue. Mr. Starman
related that the Electric Utility was currently considering a reissue.
Council Member Kehoe questioned whether there had been any contact with Jordan Taylor. Mr.
Wingate stated that he had spoken to him on two or three occasions over the past several months.
MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to approve
the advancement of funds in the amount of$43,257 for Churn Creek Road Extension #1 Assessment
District No. 1989-5 September 2, 1997, debt service payment as follows: General Fund - $24,440;
Water Fund - $9,949; and Storm Drainage Fund - $8,868. The Vote: Unanimous Ayes
DEBT SERVICE PAYMENT - Churn Creek Road Extension #2 Assessment District No. 1990-5
(A-170-120-101)
Deputy City Manager Starman highlighted the Report to City Council dated August 1, 1997,
incorporated herein by reference, regarding the advancement of funds for the September 2, 1997,
debt service payment for Churn Creek Road Extension #2 Assessment District No. 1990-5. He
explained that an interest and principal payment of$23,159 is due to be transferred to the Trustee
at the end of this month;however, the district's available cash totals only $6,212, leaving a shortfall
of$16,947.
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Mr. Starman explained that staff believes it is desirable to avoid having the City's name linked to
a bond default and, therefore,recommends that the City Council approve the advancement of funds
in the amount of$16,947 to cover the September 2, 1997, debt service payment as follows: General
Fund - $9,355; Water Fund- $712; and Storm Drainage Fund - $6,880.
City Attorney Wingate explained that foreclosure was underway and a trial date had been set for
November 20. He related that there was an escrow due to close and a payment of $58,000 was
anticipated from the escrow, however, foreclosure would proceed on the balance of the property.
In response to Council Member Kehoe, Mr. Wingate stated that discussions were through the
principals' attorney. He believed there was adequate value to cover outstanding assessments, with
the exception of two parcels where there was not sufficient value.
Council Member Murray pointed out that the staff report indicated that the Tierra Oaks Assessment
District was also utilizing its reserves to make its payments. He questioned whether foreclosure
proceedings had been initiated.
City Treasurer Linville explained that the Tierra Oaks Assessment District had a 71 percent
delinquency ratio. She stated that letters had been sent to the property owners, with a response due
by the end of the month. She indicated that if a second letter was not sent, foreclosure action would
begin.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to
approve the advancement of funds in the amount of$16,947 for Churn Creek Road Extension #2
Assessment District No. 1990-5 September 2, 1997, debt service payment as follows: General Fund
- $9,355; Water Fund- $712; and Storm Drainage Fund - $6,880. The Vote: Unanimous Ayes
URGENCY ITEM - Landscape Maintenance District Annual Increase Provisions
(A-170-075-050 & A-170-075-051 & A-170-075-052)
City Attorney Wingate explained that a matter relative to the annual increases adopted for the
landscape maintenance districts arose subsequent to the agenda being posted, therefore, the City
Council must consider it as an urgency item. He stated that the resolutions levying the 1997-98
assessment must be provided to the County Auditor by Friday, August 22, 1997; therefore, he
requested that the City Council take a vote to determine whether this matter would be placed on the
agenda for consideration this evening.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to place
the matter relative to the removal of the landscape maintenance districts' annual increase provisions
and the roll back to 1996-97 assessment amounts be placed on this evening's agenda as Item No.
9-14(a). The Vote: Unanimous Ayes
Mr. Wingate reviewed the Report to City Council to City Council dated August 19, 1997,
incorporated herein by reference. He recalled that the City Council adopted a provision whereby
the annual increase of landscape maintenance districts would not exceed 4 percent in any one year
based upon an interpretation of Proposition 218 language. On the advice of bond counsel, the
position was taken that the effective date of Proposition 218 with respect to new or increased
assessments was July 1, 1997. He explained that this interpretation was disputed by the Howard
Jarvis Taxpayers' Association and the Paul Gann Citizens' Committee. Subsequently, Senate Bill
919, which was approved by the Governor and became effective July 1, 1997, adopted the position
of the Jarvis and Gann Committees. ,Therefore, all increases in assessments or changes in
methodology for collection of assessments occurring after November 6, 1996, must be approved by
the voters in accordance with the procedural provisions of Proposition 218.
Mr. Wingate stated that because the City did not conduct any assessment ballot proceedings with
respect to the three landscape maintenance districts, the levy of assessment for 1997-98 must remain
the same as the assessments for 1996-97 which are as follows: District A - $29.46; District B -
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$71.02; and District C- $7.46. In addition, the automatic increase provision allowing for increases
up to 4 percent annually must be deleted.
It is the recommendation of staff that the City Council adopt the necessary resolutions implementing
the aforementioned changes.
Council Member Murray questioned how the change would impact the contract issued for
landscaping services.
Deputy City Manager Starman explained that the reduction was less than 1 percent ($1,000) and
there would be adequate reserves to fund the contract.
Council Member R. Anderson questioned whether it would be possible to give the property back
to the property owners within the districts and dissolve the landscape maintenance districts. He also
suggested returning property to the developers which were dedicated to the City for pocket parks.
Development Services Director Swanson pointed out that the General Plan Task Force would be
discussing future park sites at its meeting Wednesday evening.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that
Resolution No. 97-150 be adopted, a resolution of the City Council of the City of Redding: (1)
ordering the annexation of Unit 4 of the Lancer Hills Subdivision into Area 10 of Landscape
Maintenance District A; (2) confirming the assessment diagram; and (3) ordering the levy of the
annual assessment for fiscal year 1997-98, in the amount of$29.46, pursuant to the Landscaping
and Lighting Act of 1972 (commending with Section 22500 of the Streets and Highways Code) and
rescinding Resolution No. 97-90.
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray
Noes: Council Members - None
Absent: Council Members - P. Anderson
Resolution No. 97-150 is on file in the office of the City Clerk.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that
Resolution No. 97-151 be adopted, a resolution of the City Council of the City of Redding: (1)
confirming Landscape Maintenance District B's assessment diagram; and (2) ordering the levy of
the annual assessment for fiscal year 1997-98, in the amount of$71.00, pursuant to the Landscaping
and Lighting Act of 1972 (commending with Section 22500 of the Streets and Highways Code) and
rescinding Resolution No. 97-91.
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray
Noes: Council Members - None
Absent: Council Members - P. Anderson
Resolution No. 97-151 is on file in the office of the City Clerk.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, that
Resolution No. 97-152 be adopted, a resolution of the City Council of the City of Redding: (1)
ordering the annexation of Unit 1 and remaining Parcel R-1 of the Fairway Estates Subdivisions into
Landscape Maintenance District C's Area 7; (2) confirming the assessment diagram; and (3)
ordering the levy of the annual assessment for fiscal year 1997-98, in the amount of$7.46, pursuant
to the Landscaping and Lighting Act of 1972 (commending with Section 22500 of the Streets and
Highways Code) and rescinding Resolution No. 97-92.
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Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray
Noes: Council Members - None
Absent: Council Members - P. Anderson
Resolution No. 97-152 is on file in the office of the City Clerk.
PUBLIC COMMENT
(U-500)
Vi Klaseen commended the City Council and staff for exploring possibilities regarding utility
payment late fees. She suggested using monies collected from late fees to counsel individuals who
are consistently late and provide a subsidy if they are on time. She encouraged the City to help
needy individuals in a manner that would foster self respect.
CLOSED SESSION
(C-070-200 & P-100-050-050)
Vice Mayor Murray stated that the City Council would be adjourning to closed session to discuss
the following:
1. Pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2435 Lincoln Street
Negotiating Party: Phil Perry
Under Negotiation: Price
2. Pursuant to California Government Code Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency Negotiator: Randy Bachman
Employee Organization: Local Union 1934 of International Association of Fire Fighters -
AFL-CIO
At the hour of 9:32 p.m., Vice Mayor Murray adjourned the meeting to closed session.
At the hour of 10:00 p.m., Vice Mayor Murray reconvened the meeting to regular session.
ADJOURNMENT
There being no further business, at the hour of 10:00 p.m., Vice Mayor Murray declared the meeting
adjourned.
APPROVED:
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OC I lad
vice ayor
ATTEST:
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City Clerk /
08/19/97