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HomeMy WebLinkAboutMinutes - City Council - 1997-09-02 Redding City Council Regular Meeting City Council Chambers 1313 California Street Redding, California September 2, 1997 7:00 p.m. The Pledge of Allegiance to the Flag was led by Police Captain Chuck Byard. The Invocation was offered by Pastor Lyle Faudree, Redding Christian Church. The meeting was called to order by Vice Mayor Murray with the following City Council Members present: Kehoe, McGeorge, and Murray. City Council Member R. Anderson and Mayor P. Anderson's absences were excused. Also present were City Manager Warren,Assistant City Manager Perry, City Attorney Wingate, Electric Utility Director Feider, Public Works Director Russell, Development Services Director Swanson, Deputy City Manager Starman, City Treasurer Linville, Police Captain Byard, Planning Manager Keaney,Human Resources Manager Bachman,Senior Planner Morgon,Associate Planner Thesken,City Clerk Strohmayer, and Secretary Rudolph. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special Meeting of June 18, 1997 Special Meeting of June 19, 1997 Regular Meeting of July 1, 1997 Special Meeting of August 5, 1997 Regular Meeting of July 15, 1997 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 4, check numbers 250912 through 251414 inclusive, in the amount of$3,766,955.20, be approved and paid, and Payroll Register No. 4, check numbers 440387 through 440971, and electronic transfer numbers 41032 through 41439, in the amount of$1,388,647.79, be approved. TOTAL: $5,155,602.99 Treasurer's Report - July 1997 (A-050-100-600) Total Treasurer's Accountability - $ 88,645,292.24 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities -$187,615,246.79 ACR 113 Report and Cash Reconciliation (F-205-095-650) It is the recommendation of the Finance Officer that the ACR113 Report and Cash Reconciliation for July 31, 1997, be accepted. Ordinance No. 2187 - Rezoning Application RZ-16-96,by West Redding Properties(3333 Placer Street and the area south of South Street and east of Buenaventura Boulevard) (L-010-230) It is recommended that Ordinance No. 2187 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "C-1-F" Neighborhood Commercial District with Site Plan Review Combining District and "U" Unclassified District (RZ-16-96). 09/02/97 204 Ordinance No. 2188 - Rezoning Application RZ-5-97, by Elva Farley (1515 Charles Drive) (L-010-230) It is recommended that Ordinance No. 2188 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "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). Ordinance No.2189-Rezoning Application RZ-8-97,by City of Redding(1805 and 1810 Buenaventura Boulevard) (L-010-230) It is recommended that Ordinance No.2189 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "C6-F" Limited Services Commercial District with Site Plan Reviewing Combining District and "OS" Open Space District. 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 August 1997 for the following areas: (1) Surplus City Property; (2) Leases of City Land; (3) Offers to sell land to the City; and (4) City initiated purchases of land. Award of Bid - Bid Schedule No. 3128, Market Street Streetscape Project (B-050-020) It is the recommendation of the Assistant City Manager that Bid Schedule No. 3128 (Job No. 9006-31), Market Street Streetscape Project, be awarded to Bobby Martin Construction in the amount of $484,146.80, an additional $25,000 be approved to cover the cost of engineering and inspection fees, and $42,660 be approved to provide a construction contingency fund, for a total of$551,806.80. Award of Bid - Bid Schedule No. 3131, Custom Street Light and Banner Poles for Market Street Streetscape Project (B-050-100) It is the recommendation of the Assistant City Manager that Bid Schedule No. 3131, custom street lights and banner poles for Market Street Streetscape Project,be awarded to B&J Welding and Machine in the amount of$34,550.59, including the extra items noted in the bid (two additional street light and banner poles (no luminaries) and three extra standard luminaries. Contract Amendment - Knauf Fiber Glass GmbH (E-050) It is the recommendation of the Deputy City Manager that the City Council approve the First Amendment to the contract for manufacture, purchase, and sale of beneficiated cullet between the City of Redding and Knauf Fiber Glass GmbH which includes: (1) changing the initial delivery date from July 1, 1998, to January 1, 1999; (2)increasing the total amount of payments from Knauf to the City for start-up costs from $72,000 to a minimum of$120,000; (3) requiring Knauf to directly reimburse the City for any costs incurred by the City prior to the solicitation of bids for the construction of the glass beneficiating plant; and (4) reducing the total capacity of the glass beneficiating equipment that the City intends to purchase from 100,000 tons per year to 90,000 tons per year to more accurately reflect the equipment being contemplated. Resolution - Amending City Council Policy 1404, Late Fees and Utility Deposits (A-050-060-555 & U-500) • It is the recommendation of the Deputy City Manager that Resolution No. 97-153 be adopted, a resolution of the City Council of the City of Redding amending City Council Policy 1404, Late Fees and Utility Deposits, effective January 27, 1998. Resolution- Releasing Abatement Proceedings on Property at 1023 State Street, owned by Cliff Shirley (A-030-070) It is the recommendation of the Development Services Director that Resolution No. 97-154 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 1023 State Street, owned by Cliff Shirley. 09/02/97 205 Development Services Department Monthly Status Report (A-050-122) It is the recommendation of the Development Services Director that the Development Services Department's Monthly Status Report through July 1997 for the following work areas be accepted: (1) Zoning, Subdivision, and General Plan Amendments; (2) Building and Population; (3) Housing Assistance and Rehabilitation; and (4) General Plan Update. Resolution Setting Public Hearing - re Abandonment Application A-5-97, by Peter Grandaw (4303 Mountain Glen Court) (A-010-040) It is the recommendation of the Development Services Director that Resolution No. 97-155 be adopted, a resolution of the City Council of the City of Redding declaring its intention to abandon an open space easement and non-disturbance area at 4303 Mountain Glen Court(A-5-97) and setting a public hearing for 7:00 p.m., October 7, 1997. Resolution - Initiating Foreclosure Action in Tierra Oaks Assessment District, 1993-1 (A-170-050-750) It is the recommendation of the City Treasurer that Resolution No. 97-156 be adopted, a resolution of the City Council of the City of Redding ordering the judicial foreclosure of delinquent bond assessments pursuant to the Improvement Bond Act of 1915, and ordering the Tax Collector be credited with those assessments relative to Tierra Oaks Assessment District, 1993-1. Notice of Completion - Bid Schedule No. 3111, Hill 900 Water System Improvements, Buenaventura Boulevard 16-inch Water Main (B-050-020 & W-030-725) It is the recommendation of the Public Works Director that Bid Schedule No. 3111 (Job Order No. 2077), Hill 900 water system improvements and Buenaventura Boulevard 16-inch water main, awarded to N & T Digmore, be accepted as satisfactorily completed and the City Clerk be authorized to file a Notice of Completion. The final contract price was $151,888.73. Award of Bid - Bid Schedule No. 3127, Civic Center Phase I Construction (B-050-020 & C-050-025) It is the recommendation of the Public Works Director that Bid Schedule No. 3127 (Job No. 9411-02), Civic Center Phase I Construction, be awarded to Tullis, Inc. in the amount of$146,250, an additional $2,000 be approved to cover the cost of materials testing, and $15,000 be approved to provide a construction contingency fund, for a total of$163,250. MOTION: Made by Council Member McGeorge, 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 - R. Anderson, Kehoe, McGeorge, and Murray Noes: Council Members -None Absent: Council Members - P. Anderson Resolution Nos. 97-154, 97-155, and 97-156 and Ordinance Nos. 2187, 2188, and 2189 are on file in the office of the City Clerk. PRESENTATION BY CASCADE RAIL PRESERVATION SOCIETY - re Rail Museum in Redding (A-050-060) Jim Arbuckle, President of the Shasta Cascade Rail Preservation Society, requested the City Council to support the establishment of a rail museum in Redding, as outlined in his letter dated August 7, 1997, incorporated herein by reference. He further asked that the City Council assign a City staff member to work with the Cascade Rail Preservation Society to assist in retrieving rail in the area. City Manager Warren stated that Community Services Director Gorman had been working with the Cascade Rail Preservation Society and he would continue in this role. No action was taken by the City Council on this matter. 09/02/97 206 CONTINUED PUBLIC HEARING - re Appeal of Conditions of Approval of Tentative Subdivision Map S-1-97, Churn Creek Meadows, Unit 8,by Jerry Nash (West of Victor Avenue and north of Churn Creek Road) (S-100-088) The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the continued public hearing regarding the appeal of conditions of approval of Tentative Subdivision Map S-1-97, Churn Creek Meadows, Unit 8, by Jerry Nash. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Continued Public Hearing Staff recommendation dated August 22, 1997 City Clerk Strohmayer noted that no protests had been received. Development Services Director Swanson provided an overview of the Report to City Council dated August 22, 1997, incorporated herein by reference, regarding the appeal concerning two conditions of approval for Churn Creek Meadows, Unit 8, arterial landscaping and fencing adjacent to Enterprise Community Park. He said the public hearing was continued from August 19, 1997, to ensure staff and the applicant an opportunity to work out an agreement on some items. Staff, met with Mr. Nash and reached the following agreement: (1) Applicant would place sidewalk and trees only adjacent to Unit 8, as well as 300 feet off site south to El Verano Street, rather than sidewalk and irrigated landscape adjacent just to Unit 8; and (2)Applicant would provide uniform fencing adjacent to the park, however, installation would be delayed until the individual homes are constructed. It is the recommendation of staff that the City Council uphold the appeal and amend Tentative Subdivision Map S-1-97 conditions 10, 20, and 21 as outlined in the Report to City Council to reflect the above-mentioned agreement reached with the applicant, Mr. Nash. Jerry Nash reaffirmed that he met with staff and reached an agreement which would benefit the City, the property owners, and the developer. With regard to the fencing requirement, he requested that the condition be changed to reflect that the entire fence adjacent to Enterprise Park would be constructed 111 at the time the sale proceeds from one of the four lots adjacent to the park were received. Vice Mayor Murray determined that there was no one else present wishing to speak on this matter and closed the public hearing. Council Member McGeorge complimented both staff and the developer for working to develop a win- win solution. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to uphold the appeal of conditions of approval of Tentative Subdivision Map S-1-97, Churn Creek Meadows, Unit 8, by Jerry Nash, and to amend Conditions 10, 20, and 21 as outlined in the Report to City Council dated August 22, 1997, with the following exception: developer is to construct the entire fence at the time the first of the four lots abutting the south end of Enterprise Community Park is sold. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-10-97, by KMHK Investments and the City of Redding (Between Sacramento Drive and Creekside Street) (L-010-230) The hour of 7:00 p.m.having arrived,Vice Mayor Murray opened the public hearing regarding Rezoning Application RZ-10-97. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated August 20, 1997 City Clerk Strohmayer advised that no protests were received. 09/02/97 207 Development Services Director Swanson related that the applicant is out of the area and has requested that the public hearing be continued to 7:00 p.m., October 7, 1997. Vice Mayor Murray requested staff to gather additional information on this particular map relative to pocket parks. He believed the Recreation and Parks Commission had recommended not developing any additional pocket parks and questioned why they were still being depicted on maps. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to continue the public hearing regarding Rezoning Application RZ-10-97, by KMHK Investments and the City of Redding, to 7:00 p.m., October 7, 1997. The Vote: Unanimous Ayes RESOLUTION - re Purchase of Planter Wall and Street Bollard Elements for the Market Street Streetscape Project (B-050-100) Assistant City Manager Perry's Report to City Council dated August 27, 1997, incorporated herein by reference, requested that the City Council adopt the necessary resolution bypassing the formal bid process and authorizing staff to purchase 14 precast planter walls and light bollard elements for the Market Street Streetscape Project from A Better Way at a cost of$40,404.42, including delivery and installation. Council Member Kehoe requested that when staff requests action which deviates from standard policy that the matter be placed on the Regular Calendar. He opined that it is in the best interest of both the City and the community to have competitive bidding, therefore,he did not support bypassing the formal bidding process. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge,that Resolution No. 97-157 be adopted, a resolution of the City Council of the City of Redding authorizing the purchase of 14 precast concrete planter wall and light bollard elements for the Market Street Streetscape Project from A Better Way in the amount of$40,404.42, including delivery and installation. Voting was as follows: Ayes: Council Members - McGeorge, and Murray Noes: Council Members - Kehoe Absent: Council Members - R. Anderson and P. Anderson Resolution No. 97-157 is on file in the office of the City Clerk. GENERAL FUND MONTHLY FINANCIAL REPORT - July 1997 (B-130-070) Deputy City Manager Starman provided an overview of the Report to City Council dated August 22, 1997,incorporated herein by reference, regarding the General Fund's Monthly Financial Report for July 1997. He summarized that total revenue to date($2.3 million)is below(7.9 percent)staff's original cash flow estimate. Expenditures totaled $3,576,691, or$567,064 (13.7 percent)below staff's original cash flow projection. It is the recommendation of staff that the City Council accept the General Fund's Monthly Financial Report for July 1997 as presented. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to accept the General Fund's Monthly Financial Report for July 1997 as presented. The Vote: Unanimous Ayes ELECTRIC UTILITY MONTHLY FINANCIAL REPORT - July 1997 (B-130-070) Deputy City Manager Starman highlighted the Report to City Council dated August 21, 1997, incorporated herein by reference, concerning the Electric Utility's Monthly Financial Report as of July 1997. It is the recommendation of staff that the City Council accept the report as presented. 09/02/97 208 Mr. Starman noted that staff concluded the utility billing statement should not be changed until the City Council has reviewed the debt reduction strategy. He related that staff would attempt to change the monthly report to provide additional information to both the City Council and the community. MOTION: Made by Council Member McGeorge, seconded by Council Member Kehoe, to accept the Electric Utility's Monthly Financial Report for July 1997 as presented. The Vote: Unanimous Ayes REDDING MUNICIPAL AIRPORT INDUSTRIAL AND BUSINESS PARK PROPERTY - Deed Release from Federal Aviation Administration (C-070-100 & A-090-100 & B-080-600) Development Services Director Swanson summarized the Report to City Council dated August 25, 1997, incorporated herein by reference, regarding the Federal Aviation Administration(FAA) signing a"Deed of Release,"thereby permitting the City to sell property in the Redding Municipal Airport Industrial and Business Park. Mr. Swanson noted that the entire business park, as well as additional City-owned property on the west side of Airport Road, is covered by a recorded set of Covenants, Conditions, and Restrictions (CC&Rs) which specifies that all new construction in the park be approved by the City, including landscaping, signs, parking areas, fences and walls, exterior lighting, materials, building setbacks, and storage and loading areas. He stated that the City has 30 days to give written approval following submission of plans by the buyer. He explained that the review would be completed by an Architectural Review Committee as set forth by City Council Policy No. 301. He indicated that no appointment would be made for the Airports Commission as it has sunset. He related that the Committee would be appointed by staff and would include an architect, an engineer, a planning commission, and a City planner. Council Member McGeorge questioned how the potential developers would be informed of the City's expectations prior to spending money on plans and engineering. Mr. Swanson replied that staff would meet with all interested parties and explain the details set forth in the CC&Rs and the City's expectations relative to landscaping, signage, etc. Council Member Kehoe supported staff's recommendation with the following modification: the City Council would appoint the Architectural Review Committee with nominations coming from the following Members: Mayor P. Anderson - Member from the public (this would replace the Airports Commissioner); Vice Mayor Murray - an architect; City Council Member R. Anderson - an engineer; and City Council Member McGeorge - a Planning Commissioner. Vice Mayor Murray noted that the City only controlled the CC&Rs as long as it was the property owner; however, after the sale of the property the CC&Rs would only be enforceable through a civil suit. City Attorney Wingate confirmed that once the City sells all the property, the CC&Rs would be enforceable by the property owners. He stated the general assumption was that the majority of the property would be sold and well established before the City was no longer involved. He stressed that it would be a number of years before this would be an issue. Vice Mayor Murray requested that potential buyers be informed as to the time the review and approval process would take relative to projects on this property. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to accept the report as presented with the following modification: the City Council would make the following appointments to the Architectural Review Committee: Mayor P. Anderson - Member from the public (this would replace the Airports Commissioner); Vice Mayor Murray - an architect; City Council Member R. Anderson - an engineer; and City Council Member McGeorge - a Planning Commissioner. The Vote: Unanimous Ayes APPOINTMENT OF REPRESENTATIVE TO TRANSMISSION AGENCY OF NORTHERN CALIFORNIA AND NORTHERN CALIFORNIA POWER AGENCY (B-080-650-450 & E-120-250 & E-120-400) City Attorney Wingate related that the Joint Powers Agreement for the Transmission Agency of Northern California(TANC), of which the City of Redding is a member, provides for the appointment 09/02/97 209 of a representative and alternate representative from each member agency. He stated that the City Council previously appointed Council Member Ken Murray as the City's representative to TANC. The City Council must also appoint an alternate representative who has traditionally been the Electric Utility Director. It is the recommendation of staff that the City Council appoint Electric Utility Director Jim Feider as the City's alternate representative to TANC. Vice Mayor Murray noted that the City must also appoint a representative to the Northern California Power Agency (NCPA) and requested that the City Council add the appointment of Electric Utility Director Felder to NCPA to the agenda this evening. MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to place the appointment of the City's alternate representative to NCPA on this evening's agenda. The Vote: Unanimous Ayes MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to appoint Electric Utility Director Jim Feider as the City's alternate representative to the Transmission Agency of Northern California(TANC)and Northern California Power Agency(NCPA). The Vote: Unanimous Ayes CLOSED SESSIONS 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: Redding Municipal Airport Industrial and Business Park Property Negotiating Party: Jerry Swanson Under Negotiation: Price and Terms (C-070-200) 2. Pursuant to California Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Randy Bachman Employee Organization: Peace Officer Association of Redding (P-100-050-120) 3. Pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Norman Levenson v. City of Redding, Shasta County Superior Court Case No. 126128 (L-100) At the hour of 7:35 p.m., Vice Mayor Murray adjourned the meeting to closed session. At the hour of 8:00 p.m., Vice Mayor Murray reconvened the meeting to regular session. No action was taken. ADJOURNMENT There being no further business, at the hour of 8:00 p.m., Vice Mayor Murray declared the meeting adjourned. APPRAV II: — Vice Mayor ATTEST: City Clerk 09/02/97