HomeMy WebLinkAboutMinutes - City Council - 1997-11-04 253
Redding City Council, Regular Meeting
City Council Chambers
1313 California Street
Redding, California
November 4, 1997 7:00 p.m.
The Pledge of Allegiance was led by Boy Scout Lyndon Niece.
The Invocation was offered by Pastor Benjamin Pent, Westside Church.
Vice Mayor Murray called the meeting to order with the following City Council Members present:
R. Anderson, Kehoe, McGeorge, and Murray.
Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate,
Electric Utility Director Feider, Public Works Director Russell, Fire Chief Wagner, Police Captain
Davidson, Development Services Director Masingale, Administrative Services Director Kersten,
Human Resources Manager Bachman,Planning Manager Keaney,City Treasurer Linville, General
Services Director Masingale, Finance Officer Strong, City Clerk Strohmayer, and Secretary
Rudolph.
Vice Mayor Murray announced that the Mayor's Proclamation in appreciation of State Senator K.
Maurice Johannessen's services to the City of Redding was removed from the agenda and would
be presented at a later date.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Minutes - Regular Meeting of September 2, 1997
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register No. 8, check numbers 252800 through 253330
inclusive, in the amount of$3,540,755.41 be approved and paid, and Payroll Register No. 8, check
numbers 442522 through 443037 and electronic transfer numbers 42265 through 42681 inclusive,
in the amount of $1,364,278.67, for the period October 5, 1997, through October 18, 1997, be
approved.
Total: $4,905,034.08
Treasurer's Report - September 1997
(A-050-100-600)
Total Treasurer's Accountability - $ 91,073,412.94
Total City of Redding Funds, Funds Held in Trust
and Funds of Related Entities - $188,533,522.20
ACR133 Report and Cash Reconciliation - September 1997
(F-205-095-650)
It is recommended that the ACR133 Report and Cash Reconciliation as of September 30, 1997, be
accepted as presented.
Ordinance No. 2194 - Amending Redding Municipal Code re Uniform Building and Fire Codes
(C-110-200 & C-110-275)
It is recommended that Ordinance No. 2194 be adopted, an ordinance of the City Council of the City
of Redding amending Redding Municipal Code Sections 9.20.010,Uniform Fire Code Adopted,and
16.08.020, Uniform Building Code Adopted.
Civic Center Project Status Report
(C-050-025)
It is the recommendation of the Assistant City Manager that the Report to City Council dated
October 30, 1997, incorporated herein by reference, providing an update on the status of the Civic
Center Project be accepted as presented.
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Property Status Report
(C-070)
It is the recommendation of the Assistant City Manager that the Property Status Report as of October
1997 for the following areas be accepted as presented: (1) Surplus City Property; (2) Leases of City
Land; (3) Offers to Sell Land to the City; and (4) City Initiated Purchases of Land.
Authorize Exchange of Right-of-Way - Railroad Avenue
(R-030-145-050 & C-070-010)
It is the recommendation of the Assistant City Manager that the City Council authorize an exchange
of right-of-way with the Redding Redevelopment Agency to consolidate right-of-way and to
facilitate the redevelopment of the excess property on Railroad Avenue between the new right-of-
way and State Route 273.
Sale of City-Surplus Property - to Eric Thompson (5845 Eastside Road)
(C-070-200)
It is the recommendation of the Assistant City Manager that the City accept Eric Thompson's
counter offer to purchase the City's surplus property at 5845 Eastside Road for$4,800 in accordance
with the terms of the City's counteroffer provided that the property line is adjusted so as to: (1)
create a north parcel to conform with the"C-3" zoning site area requirements as appropriate for the
Service Commercial General Plan classification, and (2) retain adequate parking for the existing
retail use on the south parcel and the City's $60 property line adjustment application fee is waived.
Resolution -Appropriate Grant Funds for Heating Improvements at Redding Municipal Airport
*(B-130-070 & G-100-070-095 & A-090-100)
It is the recommendation of the Development Services Director that Resolution No. 97-189 be
adopted, a resolution of the City Council of the City of Redding approving and adopting the 8th
amendment to City Budget Resolution No. 97-111 appropriating $21,000 for conversion from
electric to gas heating at Redding Municipal Airport.
Resolution - Intention to Begin Abatement Proceedings at 2200 Pray Road, owned by Stanley M.
Bridges
(A-030-070)
It is the recommendation of the Development Services Director that Resolution No. 97-190 be
adopted, a resolution of the City Council of the City of Redding to begin abatement proceedings on
the real property located at 2200 Pray Road, currently owned by Stanley M. Bridges.
Resolution - Appropriating funds for Aircraft Rescue and Firefighting (ARFF) Truck Repair
* (B-130-070 & A-090-100)
It is the recommendation of the Development Services Director that Resolution No. 97-191 be
adopted, a resolution of the City Council of the City of Redding approving and adopting the 9th
amendment to City Budget Resolution No. 97-111 appropriating $20,000 for aircraft rescue and
firefighting truck repair at Redding Municipal Airport.
Resolution - Approving Continuation of the Law Enforcement and Education Partnership Program
with Enterprise and Redding Elementary School Districts and Shasta Union High School District
(P-150-150)
It is the recommendation of the Police Chief that Resolution No. 97-192 be adopted, a resolution
of the City Council of the City of Redding approving the continuation of the Law Enforcement and
Education Partnership Program between the Redding Police Department and the Enterprise and
Redding Elementary School Districts and the Shasta Union High School District.
Acceptance of Improvements - Railroad Avenue Realignment
(R-030 & S-070-100)
It is the recommendation of the Public Works Director that the City Council accept the
improvements associated with Bid Schedule No. 3076, Railroad Avenue Realignment, awarded to
Tullis, Inc., from the Redding Redevelopment Agency.
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Resolution - Summarily Vacating a Portion of Railroad Avenue
(A-010-100)
It is the recommendation of the Public Works Director that Resolution No. 97-193 be adopted, a
.resolution of the City Council of the City of Redding summarily vacating a portion of the Railroad
Avenue right-of-way located adjacent to State Route 273 and north of Buenaventura Boulevard.
MOTION: Made by Council Member R. Anderson, 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 - None
Resolution Nos. 97-189, 97-190, 97-191, 97-192, and 97-193 and Ordinance No. 2194 are on file
in the office of the City Clerk.
PUBLIC HEARING - Rezoning Application RZ-9-97, by Redding Properties II (4250 & 4600
Goodwater Avenue, Silver Creek Estates)
(L-010-230)
The hour of 7:00 p.m. having arrived, Vice Mayor Murray opened the public hearing regarding
Rezoning Application RZ-9-97.
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 23, 1997
City Clerk Strohmayer advised that no protests had been received.
Planning Manager Keaney provided an overview of the Report to City Council dated October 23,
1997, incorporated herein by reference, regarding Rezoning Application RZ-7-97, by Redding
Properties II. He stated that the request was to rezone property located at 4250 and 4600 Goodwater
Avenue from "U" Unclassified District and "U-FP" Unclassified District with Floodplain
Combining District to"OS"Open Space District and"R-1-BFM" Single-Family Residential District
with minimum lot sizes and dimensions established per the final subdivision map.
It is the recommendation of both the Planning Commission and staff that the City Council approve
the Negative Declaration, approve the rezoning application as requested, offer the necessary
ordinance for first reading, and waive the full reading of said ordinance.
Gary Finley, 4121 Goodwater Avenue, explained that he is a member of the Clover Creek Coalition
and opposed further development in the Clover Creek basin. He related that developments between
1985 and 1990 have significantly increased flooding in this area, particularly the last three years.
He opined that the flood mitigation plans, engineering, and retention ponds were not functioning as
anticipated and cited the following problems: property which has not flooded in 20 years was now
flooding; development has eliminated the seasonal ponds; streets, black top, and roofs were
increasing the water velocity and not allowing water to perk or slow down before proceeding down
the creek; water that used to take an hour to reach a specific point was now only taking minutes; it
is costing the property owners in this area thousands of dollars annually to repair the water damage;
and property values have decreased approximately 50 percent over the last three years. He reiterated
his opposition to further development in the basin until a plan to eradicate existing flooding was in
place to ensure that no future flooding would occur. He explained that a lawsuit had been filed
against the City, as well as the developers, and the County. He urged the City Council to take a
close look at the problems in this area.
Mayor Murray pointed out that this was the first time the City Council was made aware of the
lawsuit and the problems being encountered in this area.
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Kent Picard, 4791 Goodwater Avenue, stated that while he was not a member of the coalition, he
was experiencing similar problems with water and wanted to go on record as to the problem. He
related that the retention ponds constructed to relieve some of the problems were not functioning
as they were intended. He indicated that water flow has increased threefold over the past few years.
He noted that without the additional culvert box constructed a few years ago on Rancho Road, the
problems would be even greater. He concurred that property values are declining, and he requested
that the City Council take a careful look at this very serious problem. He opined that the
development before the City Council this evening would increase the water flow to his property.
He hoped that the matter would be resolved before it became necessary for him to file a lawsuit.
Mayor Murray determined that there was no one else present wishing to speak on the matter and
closed the public hearing.
City Manager Warren interjected that the lawsuit was filed approximately two weeks prior and will
be discussed in closed session this evening.
In response to Council Member Kehoe,City Attorney Wingate related that the City Council should
keep in mind that the matter before it deals only with a rezoning request. He explained, however,
that the tentative subdivision map had already been approved and is the stage when conditions
dealing with drainage are addressed.
Mr. Warren pointed out that Condition 28 specifically addresses the developer's requirement with
regard to drainage.
In response to Vice Mayor Murray, Public Works Director Russell stated that Clover Creek was on
the.list of regional detention basins to review, however, the project had not yet been started.
Council Member Anderson asked if staff felt the conditions placed on this development adequately
addressed increased water flow. Mr. Russell replied that the detention basins were designed to keep
water flow to the pre-development 100-year flow conditions. Mr. Russell defined pre-development
as "bare ground."
City Attorney Wingate explained that the City of Redding was designing a system to handle a 100-
year storm event. He noted that there may be events which produce water in a particular location
which exceeds the 100-year event and that water would leave the detention ponds and go down
Clover Creek into the Sacramento River.
Council Member Kehoe stated that property owners in this area have voiced legitimate concerns and
he was not entirely convinced that the necessary mechanisms were in place to prevent some sort of
flooding in order to avoid a repeat of the flooding which occurred in Lake Redding Estates.
Vice Mayor Murray stressed that the City Council only became involved with subdivision
conditions when the Planning Commission's decision was appealed. He reiterated that the only
matter before the City Council this evening was the rezoning request. He concurred,however,with
Council Member Kehoe's observations.
Council Member Anderson also concurred and noted that when the retention plans were submitted
to the Public Works Department for approval, staff needed to ensure that the required criteria was
met and additional problems had not been created.
Mr. Russell clarified that the criteria is the 100-year storm. The Lake Redding Estates flooding was
a different situation because the facilities were designed for a 25-year event and the rainfall was
greater than that. In the Clover Creek watershed, some of the houses are within the 100-year
floodplain.
Mr. Warren suggested that the Public Works Department submit the retention plans to the City
Council for review.
Development Services Director Swanson pointed out that while the tentative map may proceed
without the rezoning under unclassified zoning,drainage issues are a matter of subdivision law, not
rezoning law.
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MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge,to approve
the rezoning as proposed and make the following findings regarding Rezoning Application RZ-9-97:
1. The project is compatible with the Redding General Plan;
2. The project will not significantly alter existing land form;
3. The project is compatible with surrounding land use;
4. The 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. 2195 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"OS"Open Space District and"R-
1-BFM"Single-Family Residential District with minimum lot sizes and dimensions established per
the final subdivision map.
MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge,that the full
reading of Ordinance No. 2195 be waived and the City Attorney instructed to read it by title only.
The Vote: Unanimous Ayes
APPOINTMENTS - Architectural Review Committee for Airport Business Park
(B-080-600)
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe,
appointing the following individuals to the Architectural Review Committee for the Airport
Business Park: Tina Hitchcock, Gene Nichols, Greg Dunbar, and Dave Rutledge. The Vote:
Unanimous Ayes
SHASCOM GENERAL MANAGER
(B-080-650-615)
City Manager Warren introduced Tim Skalland, SHASCOM's General Manager and noted that Mr.
Skalland was previously the Deputy Police Chief in San Jose.
Mr. Warren provided an update regarding SHASCOM and noted SHASCOM's accomplishments
while under the direction of Captain Ron Richardson of the Shasta County Sheriffs Department: (1)
Operating with a balanced budget with adequate reserves; (2) Successfully negotiated with the State
Employment and Development Department (EDD) and was able to "zero-out" an outstanding debt
in excess of$8,000; (3) Successfully negotiated a new contract with the labor union representing
SHASCOM employees, and that contract is currently in effect; and (4) Worked closely with the
UNISYS Company in delivering the Computer-Aided Dispatch (CAD) system which is currently
very closely to being on line.
Mr. Skalland stressed that his number one priority was the safety of the police officers and
firefighters. He noted that Ron Richardson would be a difficult act to follow and stated that
everyone involved in SHASCOM to date has done an excellent job. His goal is to ensure that the
citizens have the finest 911 system possible.
Vice Mayor Murray welcomed Mr. Skalland to the area.
Council Member Anderson inquired whether Mr. Skalland was comfortable with the CAD System.
Mr. Skalland replied that arrangements had been made to bring in company representatives early
to ensure that the targeted start up date of November 17, 1997, was met.
This was an informational item and no action was required.
CAMPAIGN CONTRIBUTION AND EXPENDITURE LIMITS UNDER PROPOSITION 208
(F-010 & L-040-300)
City Manager Warren highlighted the Report to City Council dated October 22, 1997, incorporated
herein by reference, regarding campaign contribution and expenditure limits under Proposition 208.
He explained that the law affords the City an opportunity to adopt a campaign ordinance setting a
voluntary expenditure ceiling for candidates and/or their controlled committees in an amount not
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to exceed $1.00 per resident, which translates to $77,353. He stated that this voluntary expenditure
ceiling allows candidates to accept higher contribution amounts up to $250 from individuals and
$500 from small contributor committees. Further, the voluntary expenditure ceiling limits the
amount of total funds a candidate could expend,but allows a candidate to accept higher contribution
amounts. He indicated that any candidate who did not accept the voluntary expenditure ceiling
($77,353) could expend more money on their campaign, but must comply with the contribution
amount limitation. When a candidate who does not accept the voluntary expenditure ceiling reaches
75 percent of the adopted expenditure ceiling,the expenditure ceiling for candidates who voluntarily
accepted the ceiling automatically triples.
He noted that a lower voluntary contribution ceiling could be adopted by the City Council,however,
a higher level may only be set by a vote of the people.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, directing
staff to prepare an ordinance for the City Council's consideration which set a voluntary expenditure
limit for candidates or their controlled committees in the amount of$77,353. The Vote: Unanimous
Ayes
GENERAL FUND MONTHLY FINANCIAL REPORT - September 1997
(B-130-070)
Finance Officer Strong highlighted the Report to City Council dated October 23, 1997, incorporated
herein by reference, concerning the General Fund's Monthly Financial Report for September 1997.
Total revenue to date ($7.6 million) was below (2.8 percent) staff's original cash flow estimate.
Expenditures to date(excluding encumbrances)total $10,203,270, or$435,544 (4.1 percent) below
staff's original cash flow projection.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to
accept the General Fund's Monthly Financial Report for September 1997 as presented. The Vote:
Unanimous Ayes
ELECTRIC UTILITY MONTHLY FINANCIAL REPORT - September 1997 ( B- 13 0-0 7 0 )
Finance Officer Strong provided an overview of the Report to City Council dated October 27, 1997,
incorporated herein by reference, concerning the Electric Utility's Monthly Financial Report for
September 1997.
MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, to
accept the Electric Utility's Monthly Financial Report for September 1997 as presented. The Vote:
Unanimous Ayes
ORDINANCE-Amending Redding Municipal Code Chapter 4.12 regarding Transient Occupancy
Tax
(T-010-600)
Council Member Kehoe abstained from discussion and voting on the matter.
Finance Officer Strong provided an overview of the Report to City Council dated October 24, 1997,
incorporated herein by reference, regarding proposed amendments to Redding Municipal Code
Chapter 4.12, Transient Occupancy Tax. He recalled that the City Council at its October 7, 1997,
meeting questioned whether the City was legally required to exempt federal employees from paying
the transient occupancy tax (TOT). Since that time, the City Attorney confirmed that there was no
legal requirement that would compel the City to exempt federal employees from paying the TOT.
As a result, the issue largely deals with a policy question for the City Council. He indicated that the
City Council could codify the City's existing practice of exempting federal employees from paying
the TOT when they utilized a federal check or credit card as a matter of policy or it could
discontinue the practice. He noted that practices vary from city to city.
Mr. Strong related that staff was also proposing amendments to clarify the definition of"transient"
and inserting the title "finance officer" in place of"finance director" and "director of finance."
Mr.Strong added that the City received a letter from the Redding Hotel Motel Association
supporting the continued practice of exempting federal employees from paying the TOT when
utilizing a federal check or a federally issued credit card.
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City Manager Warren interjected that the discontinuation of the City's current practice of exempting
federal employees from paying the TOT would only generate approximately $2,500 in additional
revenue each year.
Council Member Anderson still opposed exempting federal employees from paying the TOT.
Council Member McGeorge favored supporting the Redding Hotel Motel Association's position of
continuing to exempt federal employees from paying TOT.
Vice Mayor Murray did not believe the hotels and motels in the Redding area would lose additional
revenue by discontinuing the practice of exempting federal employees from paying the TOT. He
opined that federal employees stay in Redding hotels and motels because they are here on business
and are not concerned whether they are required to pay the TOT.
Council Member R. Anderson offered Ordinance No. 2196 for first reading, an ordinance of the City
Council of the City of Redding amending portions of Redding Municipal Code Chapter 4.12,
Transient Occupancy Tax, clarifying the definition of"transient" and inserting the title "finance
officer" in place of"finance director"and "director of finance"but requiring federal employees to
•
pay the transient occupancy tax.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray,that the
full reading of Ordinance No. 2196 be waived and the City Attorney instructed to read it by title
only.
Voting was as follows:
Ayes: Council Members - R. Anderson and Murray
Noes: Council Members - McGeorge
Absent: Council Members - None
Abstain: Council Members - Kehoe
ANIMAL REGULATION SERVICES CONTRACT REVIEW COMMITTEE - Implementation
Plan
(A-130-150)
City Clerk Strohmayer recalled that the City Council, at its October 7, 1997, meeting, accepted the
Animal Regulation Services Contract Review Committee's final report and directed staff to develop
a plan to implement the recommendations. She provided an overview of the implementation plan
as depicted in the Report to City Council dated October 28, 1997, incorporated herein by reference.
She noted that Deputy City Manager Starman had been invited to serve as an ex-officio member on
the Haven Humane Society's (HHS) Board of Directors. As a result, he would be able to develop
a better understanding of how the HHS operates and would be in a position to better communicate
some of the City's concerns/questions. One of the issues that he would focus on was the euthanasia
rate and potential strategies for reducing this figure.
It is the recommendation of staff that the City Council accept the implementation plan as presented.
Bev Heflin voiced displeasure with Haven Humane Society's practices and services, i.e., adoption
policies, etc. She also referenced instances involving HHS and her handling of horses. She cited
an occurrence whereby HHS came onto her property, cut her locks, and took away a horse she was
working with veterinarians to cure. She opined that the City should not renew its animal regulation
services contract with HHS. She urged the City to thoroughly review Haven's operations and
practices.
Vice Mayor Murray noted that the only action before the City Council was to approve an
implementation plan. He reiterated that the Deputy City Manager would attend HHS's Board
meetings and attempt to understand the issues from all sides and make a recommendation to the City
Council. He explained that HHS's current contract does not expire until June 1999. He indicated
that staff was only collecting information and there would be future opportunity to address the City
Council on some of the corollary issues. He thanked Ms. Heflin for her comments and encouraged
her to write a letter to Mr. Starman addressing her concerns.
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MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, to accept
the implementation plan as presented in the Report to City Council dated October 28, 1998. The
Vote: Unanimous Ayes
PUBLIC MEETING - re Development Processing Fees and Development Impact Fees
(F-205-600)
Development Services Director Swanson highlighted the Reports to City Council dated October 30,
1997,incorporated herein by reference,concerning proposed changes to the development processing
fees and development impact fees.
It is the recommendation of staff that the City Council take the following action: (1) Development
Processing Fees - Set a public hearing for November 18, 1997, to consider the implementation of
a 8.5 percent increase in all fees effective January 1, 1998, plus a new $70 Fire Department plan
check fee; a second increase of 8.5 percent in all processing fees would take place on January 1,
1999, to be followed by a cost-of-living increase on July 1, 1999, and each year thereafter; and (2)
Development Impact Fees- Set a public hearing for November 18, 1997, to consider increasing the
water, wastewater, and traffic impact fees by 8.5 percent, and park development fees by $100 per
unit on January 1, 1998; a second 8.5 percent increase on all fees effective January 1, 1999; and a
third impact fee on July 1, 1999,equal to the increase in the Engineering News Record Corporation
Cost Index for the year ending March 1999. This increase would only be applied to projects which
had not yet filed complete applications on the effective date of the increase; active projects would
be"grandfathered" under the fee schedule in effect when a completed application was filed.
City Manager Warren related that a wholistic approach was used by reviewing all the fees. The
committee and staff looked at three major factors: (1) what other agencies charge; (2) the cost to
provide the services; and (3) what the market will bear. Mr. Warren conveyed he was particularly
pleased with the following results of the process: an agreement was reached; the implementation is
gradual; projects underway will be grandfathered into the current fee schedule; it provides for
• Consumer Price Index (CPI) inflationary factor; and the committee and staff will continue to review
the fees and costs.and return to the City Council with a joint recommendation on how costs can be
recovered. A joint recommendation will be brought back to the City Council in about a year.
City Manager Warren complimented staff and those members of the community who volunteered
their time to assist with reviewing these fees.
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to
set a public hearing for 7:00 p.m. November 18, 1997, to consider increases to the development
processing fees and the development impact fees as recommended by staff. The Vote: Unanimous
Ayes
RESOLUTION- Declaring November 15, 1997, as "America Recycles Day"
(A-050-060-600 & S-020-550)
Kim Stempien, Solid Waste Supervisor-Recycling, highlighted some of the activities the City had
planned on November 15, 1997, America Recycles Day, as outlined in the Report to City Council
dated October 27, 1997, incorporated herein by reference. She requested that the City Council adopt
the necessary resolution declaring November 15, 1997, as "America Recycles Day" in the City of
Redding.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that
Resolution No. 97-194 be adopted, a resolution of the City Council of the City of Redding declaring
November 15, 1997, as "America Recycles Day."
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, McGeorge, and Murray
Noes: Council Members -None
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Absent: Council Members - None
Resolution No. 97-194 is on file in the office of the City Clerk.
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FILLING OF VACANT CITY COUNCIL MEMBER POSITION
(A-050-060)
City Attorney Wingate explained that the City Council has the following two options for filling the
City Council vacancy: (1) fill the vacancy by appointment within 30 days from the commencement
of the vacancy(by November 27, 1997); or(2) call a special election to fill the vacancy. The special
election must be held on the next regularly-established election date, not later than 114 days from
the call of the special election (April 14, 1998).
Vice Mayor Murray stated that Patricia Anderson dedicated herself to the community and suggested
honoring her by allowing the position of Mayor to remain vacant for the remainder of her term.
In response to Council Member McGeorge,Mr. Wingate explained that the code presumes that there
is a Mayor and in the absence of the Mayor, the Vice Mayor would preside. He said there is no
strict obligation to appoint a Mayor.
Council Member McGeorge said certain protocol exists which requires the presence of an appointed
Mayor.
While Council Member R. Anderson applauded Vice Mayor Murray's suggestion, he believed it was
important for the City to have a Mayor to perform certain duties, i.e., talk with potential new
businesses,welcome conventions to Redding, etc. He favored proceeding with reorganizing the City
Council this evening and honoring Ms. Anderson in a more permanent manner, such as constructing
a fountain at the Civic Center in her honor.
Council Member Kehoe also favored developing a permanent memorial in Ms. Anderson's honor;
and he supported proceeding with the appointment of a Mayor.
With regard to filling the City Council Member vacancy, Council Member Kehoe opined that it was
important to fill the vacancy for the following reasons: (1) it provides a fifth voice; (2) provides an
opportunity for another individual to get an in-depth look at the City's operations; and (3) provides
a tiebreaker vote, if necessary. He recommended that the City Council proceed in appointing an
individual to fill the vacancy.
Council Member McGeorge concurred with Council Member Kehoe's observations, however, he
noted that there is a substantial learning curve and did not believe that it would be beneficial to
appoint someone for such a short period of time. He suggested that if the City Council did proceed
with filling the vacancy that the City Council consider appointing a former City Council Member
who is already familiar with the City's operations.
Council Member R. Anderson concurred that there is a substantial learning curve, but he expressed
concern about giving one member of the community an advantage over another candidate in the
upcoming election. By leaving the position vacant, he thought it might encourage other members
of the community to step forward and run for City Council. He stressed the importance of
discussing all possible options.
Vice Mayor Murray also expressed concern about avoiding the appearance of influencing the
upcoming election by appointing someone to fill the vacancy, and he also shared Council Member
Kehoe's concern for greater participation in government. The only way he would support making
an appointment to the vacancy, would be to accept applications from all interested City residents.
He suggested that interested parties submit an application to the City Clerk which would be kept
confidential until the next City Council meeting, at which time a secret ballot election would be
held. He was not interested in having a debate at the City Council level over which individual was
better than another.
Mr. Wingate interjected that it was not permissible to hold a secret ballot election. He stated that
all discussion and voting would have to be done in a public forum.
Council Member Kehoe strongly supported filling the vacancy and suggested that each City Council
Member submit two names to the Mayor. The Mayor would then make a recommendation to the
City Council. He noted that this is similar to the .process utilized to fill vacancies on City
commissions.
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Mr.Wingate stated that the Mayor could make a recommendation which the City Council would then
affirm. He indicated that all names submitted to the Mayor for consideration would be public
information.
MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to
reorganize and fill the vacant position of Mayor. The Vote: Unanimous Ayes
MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, to
appoint Ken Murray to fill the position of Mayor. The Vote: Unanimous Ayes
MOTION: Made by Council Member Kehoe, seconded by Council Member McGeorge, to appoint
Robert Anderson to the position of Vice Mayor. The Vote: Unanimous Ayes
MOTION: Made by Council Member R. Anderson, seconded by Council Member McGeorge, to
appoint David Kehoe to the position of Mayor Pro Tem. The Vote: Unanimous Ayes
MOTION: Made by Council Member McGeorge, seconded by Council Member R. Anderson, to
call a special election to be held on the next regularly-established election date, April 14, 1998, to
fill the City Council vacancy.
•
Voting was as follows:
Ayes: Council Members - R. Anderson, McGeorge, and Murray
Noes: Council Members - Kehoe
Absent: Council Members - None
PUBLIC COMMENT(T-010-600 )
With regard to transient occupancy tax, Clay McClain, representing the Elks Lodge, stated that the
Elks Lodge has already paid for 760 rooms for four days for its annual convention. He estimated
that the convention would draw approximately 1,100 individuals to the area.
CLOSED SESSION
(L-100)
Mayor Murray stated that the City Council would be adjourning to closed session to discuss the
following:
1. Pursuant to California Government Code Section 54956.9(b):
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Two (2)
Cases
2. Pursuant to California Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Finley, et al. vs. City of Redding, et al.; Shasta County Superior Court Case No. 133663
At the hour of 9:00 p.m., Mayor Murray adjourned the meeting to closed session.
At the hour of 9:20 p.m., Mayor Murray reconvened the meeting to regular session.
No action was taken.
ADJOURNMENT
There being no further business, at the hour-of 9:20 p.m., Mayor Murray adjourned the meeting to
5:00 p.m.,November 17, 1997, in City Hall•Conference Room A, 760 Parkview Avenue, Redding,
California, to consider an appointment to the Redding Area Bus Authority.
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Mayor
ATT ST:
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City Clerk
11/04/97