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HomeMy WebLinkAboutMinutes - City Council - 1998-04-07 79 City Council, Regular Meeting City Council Chambers 1313 California Street Redding, California April 7, 1998 7:00 p.m. The Pledge of Allegiance to the flag was led by Pastor Bill Roscoe, Good News Rescue Mission. The invocation was offered by Pastor Skip Tyler, Redding Christian Fellowship Church. The meeting was called to order by Mayor Murray with the following Council Members present: Anderson, Kehoe, McGeorge and Murray. Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate, Development Services Director Swanson, Public Works Director Russell, Deputy City Manager Starman, Administrative Services Director Bachman, Support Services Director Kersten, Electric Utility Director Feider, Planning Manager Keaney, Police Chief Blankenship, Fire Chief Wagner, Senior Planner DeMallie, Senior Planner King, Associate Planner Thesken, Electric Group Manager Ryan, Assistant City Clerk Moscatello, and Executive Secretary Lack. RESOLUTION - re Designating April 13-19, 1998, as "Kool April Nites" Week (A-050-060-600) It is recommended that the City Council adopt a resolution designating the week of April 13 through April 19, 1998, as "Kool April Nites" week. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, to adopt Resolution No. 98-31, a resolution of the City Council of the City of Redding designating April 13 through April 19, 1998, as "Kool April Nites" Week. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, McGeorge and Murray Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes: Regular Meeting of February 3, 1998. Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register 18, for the period March 17, 1998, through March 31, 1998, check numbers 256918 through 257365 inclusive, in the amount of$2,189,800.34, and Payroll Register 19, check numbers 47163 through 47618 inclusive, and electronic deposit--check numbers 447665 through 448111 inclusive, totaling $1,347,927.89, for the period March 8, 1998, through March 21, 1998, be approved. TOTAL: $3,537,728.23. Treasurer's Report - February, 1998 (A-050-100-600) Total Treasurer's Accountability $101,469,613.10 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities $207,970,903.77 04/07/98 80 ACR133 Report and Cash Reconciliation (F-205-095-650) It is the recommendation of the Administrative Services Director that the ACR 133 Report and Cash Reconciliation as of February 28, 1998, be accepted. Property Status Report (C-070) It is the recommendation of the Assistant City Manager that City Council accept the Property Status Report as of March 20, 1998, which includes the following: (1) Surplus City Property; (2) Leases/Renewal of Leases of City Land; (3) Offers to sell land to the City; and (4) City-initiated purchases of land. Petition - Request to Open Up the North End of Rainbow Lane to Vehicle Traffic (S-070) It is recommendation of the Assistant City Manager that staff research the request to open up the north end of Rainbow Lane to vehicle traffic. Staff will advise both the City Council and the petitioners of the findings. Distribution of Survey - Approve Distribution in the Redding Report Newsletter re Participation in the City's Recycling and Yard Waste Programs (S-020-550) It is the recommendation of the Assistant City Manager that the City Council authorize distribution of the recycling and yard waste participation survey. The costs to print the recycling and yard waste survey and analyze the results are included in the Solid Waste Division recycling budget. Acquisition - Approve Residential Refiise Containers through a Bid Received by the City of San Bernardino (B-050-100 & S-020-100) It is the recommendation of the Solid Waste Manager that the City Council waive the bid process and authorize the purchase of 540 containers through the City of San Bernardino's contract with Toter, Inc., for $25,028.81 and authorize the City Manager to sign the appropriate documentation. The 1997-98 budget has $45,802.17 for this purpose. Replenishing the City's supply of containers allows the Residential Collection Division to service new customers and repair or replace worn equipment, thus generating revenue from residential solid waste collection. Resolution - re City Council Policy No. 418 re Sale of Compost and Policy No. 419 re Sale of Recycled Materials (A-050-060-555/S-020-550/S-020-650) It is the recommendation of the Assistant City Manager that Resolution No. 98-32 be adopted, a resolution of the City Council of the City of Redding adopting Council Policy Nos. 418, Sale of Compost and 419, Sale of Recycled Materials. Resolution - re Agreement with Shasta Community Health Center (G-100-030-042) It is the recommendation of the Deputy City Manager that Resolution No. 98-33 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Shasta Community Health Center amending use of Community Development Block Grant funds from site acquisition to tenant improvements for a low-income dental clinic and authorizing the City Manager to sign same, in an amount not to exceed $85,000 for the period April 7, 1998, through June 30, 1998. Resolution - re Grant Application with California Integrated Waste Management Board (G-100-170 & P-150-050-500) It is the recommendation of the Assistant City Manager that Resolution No. 98-34 be adopted, a resolution of the City Council of the City of Redding authorizing the submittal of a Used Motor Oil Grant Application (fifth cyci:,-second year) to the California Integrated Waste Management Board in the amount of$50,000 over the next two fiscal years. In addition, it is further recommended that staff be directed to advise the County that the City is withdrawing from the existing Regional Used Motor Oil Block Grant. 04/07/98 81 Exchange Land Request - Request from Rae Bible to Exchange Land on Sacramento Drive (C-070-010 & C-070-200) It is the recommendation of the Assistant City Manager that the City Council refer the request to exchange land on Sacramento Drive to all City Departments, the Planning Commission, and the Housing Authority for review and comment. The purpose would be to define the future right-of-way needs for Creekside Drive, confirm that the extension of the street will be retained in the General Plan currently under amendment, determine if the property is needed for any other public purpose, and determine if the exchange would be consistent with the General Plan. Once the information is compiled, a final recommendation will be made to the City Council. As part of the review, it is further recommended that the City look at declaring any area not needed for right-of-way as surplus property for possible sale or exchange. Resolution - Public Hearing re Abandonment Application A-2-98, Abandoning a Portion of Dedicated Open Space Located in Country Heights Subdivision, Unit 14, Along Blue Bell Drive and Shadow Brook Lane, by Signature Northwest (A-010-040) It is the recommendation of the Development Services Director that Resolution No. 98-35 be adopted, a resolution of the City Council of the City of Redding declaring its intention to abandon a portion (1/2 acre) of a dedicated open space easement located to the rear of eight single-family residential lots on Blue Bell Drive and Shadow Brook Lane, adjacent to units 10 and 14 of the Country Heights subdivision (A-2-98) and set a public hearing for 7:00 p.m., May 19, 1998. Annual Report/Calendar - Development Services Department (A-050-122) It is the recommendation of the Development Services Director that the City Council accept the 1997 Development Services Annual Report and 1998 Calendar as presented, and authorize distribution. Agreement - re Consulting and Professional Services Agreement with Coffinan Associates (A-090) It is the recommendation of the Development Services Director that City Council approve the agreement between the City or Redding and Coffman Associates to provide needed assistance to the Airports staff in the airport planning services area in an amount not to exceed $25,000 per year and $75,000 for the term of the agreement effective April 17, 1998, through April 16, 2001. All costs associated with professional services provided pursuant to this contract are eligible for reimbursement under the associated Federal Aviation Administration grant program. Resolution - FAA Request for Submission of Grant Preapplication for Capital Improvement Projects at Redding Municipal Airport (G-100-070-095 & A-090-100) It is the recommendation of the Development Services Director that Resolution No. 98-36 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a Federal Grant Preapplication for Entitlement/Discretionary Airport Improvement Program (AIP) grant monies to accomplish capital projects at Redding Municipal Airport, and authorizing the City Manager to execute the preapplication and all subsequent documentation to obtain FAA grant monies for the purchase of a new Aircraft Rescue and Firefighting vehicle and runway, taxiway and apron improvements. The funds total $850,000. Award of Bid - re Bid Schedule No. 3168, Purchase of 12kV Vacuum Circuit Breakers for the East Redding Substation Project (B-050-100 & E-090-140-250) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3168, purchase of 12kV vacuum circuit breakers for the East Redding Substation Project be awarded to Siemens Power Transmission& Distribution, in the amount of$85,519 which excludes optional Bid Group IiI Spare Parts. 04/07/98 82 Award of Bid - re Bid Schedule No. 3170, Purchase Two 24,000 lb. GVWR Trucks with Aerial Device (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3170, purchase of two 24,000 lb. GVWR Trucks with aerial devices for the Electric Department be awarded to Pacific Utility Equipment Company, in the amount of$154,761. Sufficient funds are available in the Electric Department rolling stock fund to purchase the vehicles. 111 Resolution - Approving Extension of Lease from Parlay Investments, Inc., for the Redding Police Investigations Facility (C-3216) (A-070-075 & A-050-270) It is the recommendation of the Chief of Police that Resolution No. 98-37 be adopted, a resolution of the City Council of the City of Redding approving a three-year lease extension of the City's lease from Parlay Investments, Inc., for the Redding Police Investigations Facility commencing June I, 1999, through May 31, 2002, in the amount of$.49 cents per square foot over the three-year life of the lease extension. Resolution - re Proposed City of Redding Downtown/Benton Revitalization Project (G-100-170 & P-I50-150) It is the recommendation of the Chief of Police that Resolution No. 98-38 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of the necessary documentation for the proposed City of Redding Downtown/Benton Revitalization Project and approving a Grant Award Agreement in the amount of$242,707 from the Office of Criminal Justice Planning to include the following: 1. A multi-agency steering committee to guide the project. 2. School site programs targeting drug abuse, youth violence and gangs. 3. Nuisance/blight abatement through code enforcement activities. 4. Development of community and business groups to aid in crime prevention. 5. Problem solving efforts to reduce repetitive police calls for service. Resolution - re Redding Peace Officers Association (P-100-050-120) It is the recommendation of the Administrative Services Department that Resolution No. 98-39 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding (MOU) entered into between the City of Redding and the Peace Officers Association of Redding, effective September 20, 1997, through September 19, 2001. Public Works Quarterly Report - Second Quarter 1998 (A-050-300) It is the recommendation of the Public Works Director that City Council accept the Public Works Quarterly Report for the second quarter of 1998. Contract Agreement - re Westside Sewer Interceptor Project (W-020-610) It is the recommendation of the Public Works Director that CH2M Hill, Inc., be awarded a contract for hydraulic modeling and phase 1 preliminary design of the Westside Sewer Interceptor Project in the amount not to exceed $148,802 and to approve a contingency fund of$15,000 for a total project cost of$163,802 effective April 8, 1998, with a target date for completion of August 28, 1998. The Wastewater Utility has $5,900,000 budgeted in the 1997-98 fiscal year for this project that would cover preliminary design, final design, and construction. Pedestrian/Bicycle Safety Program - re Office of Traffic Safety Grant (OTS) (G-100-170-700 & T-100-050) This is an information item by the Public Works Department notifying the City Council of its submittal of a proposed plan for funding by the Office of Traffic Safety for traffic safety projects for Federal fiscal year 1998-99 to reduce the number of fatalities for pedestrians and bicyclists. The proposal is in the estimated amount of$125,164 for a two-year period. 04/07/98 83 Public Education - Traffic Brochures (T-080) It is the recommendation of the Public Works Director that City Council accept the informational brochures and approve the distribution to the public. These brochures were produced to provide basic information on traffic-related and general topics to the public and to answer any questions the public may have. MOTION: Made by Council Member 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 - Anderson, Kehoe, McGeorge and Murray Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None Resolution Nos. 98-31, 98-32, 98-33, 98-34, 98-35, 98-36, 98-37, 98-38, 98-39, and Ordinance No. 2212 are on file in the office of the City Clerk. FLOODPLAIN MANAGEMENT POLICIES (L-010-050) Assistant City Manager Perry provided an overview of the Report to City Council dated March 30, 1998, incorporated herein by reference, regarding Floodplain Management Policies. Mr. Perry stated that staff, in cooperation with City Attorney Wingate, Public Works Director Russell, Development Services Director Swanson, Planning Manager Keaney, and Assistant Civil Engineer Boring, has prepared a summary of the City's floodplain development policies in response to City Council's request at its meeting on November 4, 1997. Mr. Perry noted that this is a general report covering the entire City dealing primarily with floodplain management and does not include specific attributes at any specific stream or the Sacramento River community. Redding is not an island and there is land in other jurisdictions, both u9stream and downstream from the City, that share the same drainage basins. Mr. Perry explained that the basic policy of the City of Redding is to discourage new development within the City within the 100-year floodplains of the Sacramento River, major creeks, and other streams that are of sufficient flow to have been mapped for floodplain purposes. As a result of Federal efforts to reduce repetitive public costs for development in floodplains, the 100-year floodplain has been adopted as a national standard. To comply with Federal mandates, the City has adopted 100-year floodplain standards for new development along the Sacramento River and its major tributaries. For smaller watersheds, the City uses the following design standards to size storm drain systems: - 40 acres or less, 10-year storm - 41 to 160 acres, 25-year storm - over 160 acres, 100-year storm The City also practices flood water detention to reduce peak levels of flooding in streams. The tradeoff of this is that although peak flood levels are reduced, flood water runoff occurs over a longer period of time. The City has established floodplain development policies through the following: General Plan--use of greenway designation to identify 100-year floodplains and establish land use, safety, open space, and conservation policies within the city. - Zoning Ordinance--floodplain ordinance and review of development in floodplain and standards therefor within the city. Council Policies--No. 1704, Tentative Map Interim Stream Protection; No. 1806, Floodplain Development and Storm Water Detention. 04/07/98 84 - Public Works Construction--generally accepted standards adopted by Public Works of the City Council for the design of drainage improvements. - Improvement Plans--specific designs prepared by private or public engineers based on the attributes of a specific drainage basin. Master Plans--comprehensive analysis of storm water capacities and improvements needed in the city. The most recent comprehensive plan was prepared in 1993. As part of its floodplain management process, the City has enacted a tax and formed a storm drain utility to raise revenue to deal with flooding or undersized storm drains. In 1978, the City adopted a construction tax based on a charge of ten cents per square foot of construction. Funds from this tax are used to fund drainage improvements. In reality, floodplain management is risk management whereby an individual or a community balances the cost of protection through policies, restrictions, and improvements versus what might be an acceptable loss. Within the city, Redding has been agressive about keeping new development outside the 100-year floodplains and requiring project specific detention where feasible. In response to Mayor Murray, Mr. Perry indicated that the Public Works Department is currently working with Shasta County and Shasta Lake City in an effort to develop regional detention basins. Maureen Robison, 4480 Lairpin Lane, stated that an informational meeting recently took place with the City of Redding, Shasta County, Federal Emergency Management Agency (FEMA) and the Department of Water Resources regarding regional detention basins. Ms. Robison indicated that it was a positive meeting and she is pleased that these agencies are working together to develop solutions for the major watersheds; however, she opined that more thought should be emphasized on the downstream effects that occur when construction takes place upstream. This item was for informational purposes only and no action was taken. It was the consensus of City Council that staff continue to work with Shasta County and Shasta Lake City to develop a regional solution to Detention Basins. CONTINUED PUBLIC HEARING - re Appeal of an Amendment and Extension Request for Tentative Subdivision Map, S-2-91, Oak Meadows Estates Subdivision, by Shasta View Investments. (S-100-535-700) The hour of 7:00 p.m. having arrived, Mayor Murray opened the continued public hearing regarding Tentative Subdivision Map, S-2-91, Oak Meadows Estates. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing City Clerk Strohmayer advised that no protests were received. Development Services Director Swanson provided an overview of the Report to City Council dated March 24, 1998, incorporated herein by reference, regarding the Appeal of Tentative Subdivision Map S-2-91, Oak Meadows Estates, by Shasta View Investments. Mr. Swanson explained that at its meeting of October 14, 1997, the Planning Commission extended the 1991 tentative map for Oak Meadows Estates Subdivision for a period of three months and directed the applicant to revise the map within those three months. He reported that the revised map resulted in 286 single-family residential lots, rather than the 380 lots as previously approved, and additional amenities such as landscaping, pedestrian trails, increased lot sizes and open space. The Planning Commission approved the neap on January 13, 1998. Mr. Swanson conveyed that the decision of the Planning Commission was appealed by three parties: one investor in the Shasta View Investments partnership (which is currently in bankruptcy proceedings) and two attorneys representing investors or creditors in the partnership. All three appeals have been withdrawn. The issue now is to uphold the Planning Commission's approval of 04/07/98 85 the amended tentative map. Although the appeals have been withdrawn, this item is before City Council because it was continued from a previous meeting. Mr. Swanson stated that Conditions 39 and 45 have been revised to be consistent with Public Works standards for detention basin sizing and maintenance. He related that Condition 39 was revised to design the basin so that no increase in water discharge rates for the 10-year, 25-year, and 100-year flood event shall occur in Clover Creek south of the subdivision, and Condition 45 was amended to include the City Attorney's approval of the articles of incorporation for a Homeowner's Association and will include detention basin dewatering expenses to be borne by the Homeowner's Association. Mr. Swanson also noted that the installation of the dewatering pump and provision for the maintenance fund were not conditions of the 1991 subdivision map. The 1991 map approval required only that the detention basin be sized to accommodate a 100-year flood and not smaller flood events that are recommended in Condition 39. It is the opinion of staff and the Planning Commission that Shasta View Investments acted in good faith by amending the tentative map as directed in October 1997. A significant amount of time and effort was spent by both staff and the applicant in producing a product that would be acceptable to the City for extension and acceptable to the surrounding neighborhoods. Therefore, it is the recommendation of staff that City Council uphold the decision of the Planning Commission to approve the amended tentative map until its expiration date of August 3, 1998, and incorporate revised Conditions 39 and 45. City Manager Warren stated that staff has worked closely with the developer to make this a better project. He said it is vastly superior to the prior tentative map. He explained that since the property tax shift to the State in 1989-90, Redding can no longer afford to maintain amenities. After the property tax shift, Mr. Warren recalled that the City relied on the creation of lighting and landscaping districts to fund neighborhood improvements; but, recent legislation has again changed the way the City must do business. Mr. Warren explained that creating a Homeowner's Association will allow the neighborhood to develop and maintain the amenities. The choice is between a nice neighborhood with amenities or not planning a neighborhood with amenities. In response to Mayor Murray, Mr. Swanson stated that Conditions 39 and 45, as rewritten, have not been submitted to the Planning Commission. Mr. Swanson clarified that the Planning Commission did in fact hold their public hearing with Conditions 39 and 45 as written with the exception of the items underlined on the staff report. Mayor Murray stated that this is a major policy shift and Condition 45 converts this from a standard subdivision to a planned development. He explained that a standard subdivision does not include all the amenities which have been discussed, and he is opposed to a shift in policy which has not been considered by the Planning Commission. Mayor Murray asked if a deal was being discussed between the City and the developer that states if the developer changes the 62-foot existing lots, which have been built, to 90-foot lots, the Electric Utility will pay for the relocation of utilities. Mr. Swanson explained that the developer is willing to widen the lots but would need assistance with the cost to relocate the transformer boxes; and at that point, a revised development plan would be established and brought to Council for approval. City Attorney Wingate reported that a draft development agreement contains language proposing that the City reimburse the developer for the cost of relocating the transformers, in an amount not to exceed $30,000. Mr. Wingate noted that the development agreement is pending the outcome of these proceedings and two public hearings, one with the Planning Commission and one with the City Council. In response to Council Member Anderson, Mr. Wingate clarified that the definition of a planned development is well defined and this subdivision would not test the legal definition. He explained that there are two jurisdictions, the City and the State. Mr. Wingate verified that in regard to planned developments, the City's ju.isdiction is to define how its going to proceed with the review and approval of subdivision maps. He added that at the State level, this subdivision would be considered 04/07/98 86 a planned development due to the common areas which are held and maintained by a homeowner's association. Council Member Anderson stated that Mayor Murray's comments are not necessarily the position of the Council. Gary Finley, 4121 Goodwater Avenue, commended staff for their excellent work and he conveyed that the proposed map includes many positive changes, including open space and greenway. Mr. Finley referred to the Minutes ofthe January 13, 1998,Planning Commission meeting which indicate that a detention basin will be developed so there will be no increase in water from Clover Creek. He stated that it looks good on paper, but he is concerned that it will not accomplish its purpose. Debbie Behnke, 20038 Freeman Way, stated that her family bought the American dream--a home on land with a seasonal creek, and they have lived at this location for over twelve years. However, for the last four years Clover Creek has flooded at least once a year. She urged City Council not to approve any more developments until the problem is solved. Maureen Robison,4480 Lairpin Lane,questioned who has more rights--the developer of a piece of property or the people who have purchased property and have already built their home.Ms.Robison read from a letter dated April 11, 1997, referencing that the previous owners of Oak Meadows Estates did not adequately stablize the disturbed soils at the construction site and that a stormwater pollution prevention plan and monitoring program were needed for the site. She related that some of the specifics to be addressed are as follows: 1) stablization of small tributary channels into Clover Creek to prevent further erosion; 2) establishment of temporary vegetation along Clover Creek to reduce erosion;3)establishment of a schedule to provide permanent vegetation along Clover Creek; and 4)determination if additional work is needed for a detention pond. Ms. Robison requested that City Council not approve this project and allow the regional board to enforce their compliance efforts. Mayor Murray determined that there was no one else present wishing to speak on the matter and closed the public hearing. Mayor Murray noted that his comments are not regarding Oak Meadows Subdivision, but the process. He explained that the development and building community should be invited to comment on this policy. In response to Council's question,Mr. Swanson clarified that the Homeowner's Association will not be responsible for the maintenance of the sidewalks, curbs, gutters and street lights. MOTION: Made by Council Member Kehoe,seconded by Council Member McGeorge,to approve and extend the amended tentative subdivision map S-2-91,Oak Meadows Estates until the expiration date of August 3, 1998, and incorporate revised Conditions 39 and 45. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, McGeorge Noes: Council Members - Murray Abstain: Council Members -None Absent: Council Members -None At the hour of 8:27 p.m., Mayor Murray called for a recess. APPOINTMENTS - Citizens Committees (B-080-600) MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson,to approve the following appointments to the Turtle Bay, Sports Complex, and Downtown/Market Street Improvements Citizens Committees: Turtle Bay Committee-Steve Seward,David Ellichman,Don Chapman,Don Gallino,Fran Jenkins, Randy Denham and Lisa Reiser. 04/07/98 87 Sports Complex Committee-Dave Andrade,Kent Dagg,Bert Meyer,Chris Kempster and Leonard Morrow. Downtown/Market Street Improvements Committee- Susan Santilena,Mike Arnold, Steve Baker, Chris Hooykaas and Jan Maurer-Watkins. The Vote: Unanimous Ayes ORDINANCE NO. 2212 - re Amendment to Planned Development PD-1-94, Tierra Oaks Subdivision, by Blackpointe Homes, Inc. (L-010-211-002) City Manager Warren abstained from discussion on this matter. Assistant City Manager Perry provided an overview of the Report to City Council dated April 3, 1998,incorporated herein by reference,regarding second reading of Ordinance amending PD-1-94. Mr. Perry stated that at the conclusion of a public hearing on March 23, 1998, the City Council by a 3 to 1 vote approved an amendment to PD-1-94 and the ordinance was offered for first reading. Subsequent to that,a letter from Blackpointe Homes was received asking for reconsideration of five conditions of approval as follows: 1. Fee for trunk sewer in Stillwater Creek. 2. Payment of traffic impact fees along with the requirement to widen Old Oregon Trail. 3. Payment of a fee for improvements at the Oasis Road/I-5 interchange. 4. Curb, gutter, and sidewalk along Old Oregon Trail. 5. Minimum house size. Mr. Perry conveyed that after the March 23, 1998, adjourned regular meeting, Planning and Public Works staff met with the developer to review these issues. The only areas in which staff would support a change is the traffic index,which was considered not substantive and could be dealt with at the staff level. 111 It is the opinion of staff that there is not any reason to defer action on the ordinance, and based on the testimony received at the public hearing, the developer is not the only party that would like reconsideration of the project. In response to Council Member Anderson's question,Development Services Director Swanson stated that there is nothing in the Conditions of Approval that restricts the number of Palermo lots next to the fairway to five custom homes. All ten lots may be developed as custom homes. MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, that Ordinance No. 2212 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 (Tierra Oaks Planned Development PD-1-94) subject to conditions of approval. Voting was as follows: Ayes: Council Members - Anderson, Kehoe, McGeorge Noes: Council Members - Murray Abstain: Council Members -None Absent: Council Members -None MOTION:Made by Council Member McGeorge,seconded by Council Member Anderson,directing the Planning Commission to study the Stillwater Creek sanitary sewer basin to determine if the Upper and Middle Stillwater Creek gravity sewer project will be constructed; and if it is determined that the sewer line project will not be built within the foreseeable future, an amendment to PD-1-94 will be prepared to delete the $1,100 per unit fee required by condition No. 69, and the City will refund, with interest, any monies collected. Directed the Planning Commission to develop a set of design standards for rural arterial streets for Council approval, and if approved, the Planning Commission 04/07/98 88 should also initiate an amendment to PD-1-94 to revise project conditions to accommodate the new rural arterial design standard for Old Oregon Trail improvements. The Vote: Unanimous Ayes SISTER CITY PROGRAM (E-060-625 & A-050-060) City Manager Warren summ,sized the Report to City Council dated March 31, 1998, incorporated herein by reference, relating to a sister-city relationship. Mr. Warren conveyed that Shasta Community College is considering a sister-city relationship with a city in China and/or Russia. He indicated that there are advantages to the program, including cultural exchanges and economic development opportunities, as well as spending time developing contacts with other elected officials and business leaders, and it may require the expense of traveling to the sister city. Mr. Warren questioned whether or not the City Council is interested in pursuing a sister-city relationship with Shasta Community College. Council Member Anderson recalled that the City Council adopted a sister-city relationship with a city in Russia; however, he was unclear about the outcome and he would like to research the Council minutes to determine when the City last established a sister-city relationship. Mayor Murray said he would like to explore this matter further including extending an invitation to Simpson College to participate. Council Member Kehoe stated that lie is not in favor of spending a lot of staff time on this issue. It was the consensus of City Council that no action will be taken at this time and directed staff to research the City Council minutes to determine when the City last established a sister-city relationship. WEST CENTRAL LANDFILL - re Purchase of Utility Vehicle (B-050-100 & S-020-900) Assistant City Manager Perr,' provided an overview of the Report to City Council dated March 23, 1998, incorporated herein by reference, regarding the purchase of a truck for the West Central Landfill. Mr. Perry conveyed that in order to reduce operating costs at the West Central Landfill, a truck is needed for minor maintenance of equipment at the landfill rather than transporting, towing, or driving the equipment to the repair facility. At its mid-year budget review meeting on March 12, 1998, the Solid Waste Disposal Committee approved acquisition of a used service truck to be used to repair heavy equipment at the landfill. Mr. Perry indicated the Committee further recommended that the City waive the formal bidding process so that the best used truck can be purchased rather than just the least expensive used truck, and because the use of the truck will occur at the landfill, a low mileage, used vehicle will be sufficient. The budget for the truck and equipment is $45,000. It is the recommendation of both the Solid Waste Disposal Committee and staff that the City Council authorize acquisition of a used service truck without the formal bidding process. Council Member Kehoe expressed concern about waiving the formal bidding process and stated that he would be satisfied with some sort of competitive process. He indicated that the best deal may not be the lowest price. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, to acquire a used truck through conventional bidding procedures. Motion was withdrawn by Council Member Kehoe after the following discussion: Mr. Perry suggested that staff obtain quotes from three to five dealerships with used utility trucks in order to comply with Council Member Kehoe's request for a competitive process. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, to approve purchase of a used utility vehicle without the formal bidding process and directed staff to contact 3 04/07/98 89 to 5 car dealerships and make the selection based on the quality of the vehicle and not just the best price. The budget for the purchase is $45,000. The Vote: Unanimous Ayes REDDING RAFT RENTALS - re Permission to Cross City-Owned Property (C-070 & L-010-390-100) Assistant City Manager Perry summarized the Report to City Council dated March 23, 1998, incorporated herein by referenced, regarding the request from Myers Marine (d.b.a. Redding Raft Rentals) to cross City-owned property to access the Sacramento River for a raft rental. Mr. Perry related that the business will be located on Henderson Road just south of the Cypress Street Bridge. Mr. Perry indicated the use of City land would be in the form of a trail between the vehicular parking area at the end of Henderson Road to the edge of the water. Considerations for the City are litter removal, bank erosion, liability, and management of open space resources. Last year, the same activity took place, but without permission by the City. Mr. Perry noted that the Planning Division will be considering a use permit for the parking and staging areas on the private property. It is the recommendation of staff that the request be approved in the form of a license agreement for the period of May 15, 1998, to September 15, 1998, granting permission to Redding Raft Rentals to cross City property as outlined subject to the following: 1. The trail will be kept clear from tripping hazards and at the end of the season loam will be brought in to fill in the trail and covered with straw to prevent erosion in the winter. 2. Proof of insurance shall be provided prior to operation that holds the City, its officers, and agents free and clear of any claims by persons doing business with Redding Raft Rentals or employees of Redding Raft Rentals using the trail. 3. Litter along the trail will be removed daily. 4. A payment in the amount of$300 per month to the City for use of the property. Council Member Kehoe expressed concern that the Community Services Advisory Commission was not involved in making the determination of whether or not to permit Redding Raft Rentals access to City-owned property. Mr. Kehoe said he fails to see the immediate urgency in this issue and is reluctant to approve a last minute deal. He indicated that by authorizing this request, it may appear that City Council is setting a precedent. Therefore, he suggested that Council refer this matter to the Community Services Advisory Commission. In response to Council Member Anderson, Mr. Perry stated that May 15, 1998, is the anticipated start-up date and the land in question is approximately 5-10 feet wide by 50-70 feet in length. Mayor Murray supported the suggestion that this issue be referred to the Community Services Advisory Commission; however, he opined that Council should provide the applicant with an answer right away. Mr. Perry suggested that City Council approve the request and refer it to the Commission for monitoring during the year and submit a recommendation to Council prior to consideration next year. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, to refer the request to the Community Services Advisory Commission. Voting was as follows: Ayes: Council Members - Kehoe Noes: Council Members - Anderson, McGeorge, and Murray This motion failed 3 to 1. MOTION: Made by Counc,.I Member McGeorge, seconded by Council Member Anderson, to approve a license agreement granting temporary access across City property for the period May 15, 04/07/98 90 1998, to September 15, 1998, subject to conditions as outlined above, and refer the request to the Community Services Advisory Commission for monitoring and input relative to how appropriate this request is and if additional conditions should be added. The Vote: Unanimous Ayes ANIMAL REGULATION SERVICES - re Updated Report (A-130-150) Deputy City Manager Starman provided an overview of the Report to City Council dated March 31, 1998, incorporated herein by reference, regarding an update on animal control. Mr. Starman reported that staff is working with Haven Humane Society (HHS) and others on evaluating the City's animal regulation program. He stated that the City Council approved a detailed scope of work at its meeting of November 4, 1997, and the purpose of this item is to update the City Council on what progress has been made to date. Mr. Starman reported that the City has no contractual ability to require the HHS to amend its adoption policies. Nonetheless, the HHS has been very cooperative and has provided a considerable amount of information to City staff. In staff's opinion, no significant changes appear to be warranted. Staff has suggested, however, that the HHS better explain the rationale for its adoption policies to its clients in order to better educate the public and avoid misunderstandings. Mr. Starman noted that the City has no contractual ability to require the HHS to modify its educational programs. Nonetheless, the HHS has been very cooperative and has provided a considerable amount of information to City staff. In staff's opinion, the HHS does an effective job of disseminating information to the community given the limited amount of resources it has at its disposal for this purpose. Mr. Starman indicated that HHS is in compliance with its current contract. The City paid the HHS a fixed fee in the amount of $309,790 in 1997, to operate its animal regulation program, and according to the report, the HHS spent $279,508 in 1997, to run the program. Mr. Starman explained that Shasta County officials have expressed some interest in the possibility of providing contract animal regulation services to the City. These discussions have been very informal to date. Staff will continue to explore this possibility and/or a joint powers agreement. It is the recommendation of staff that City Council accept this status report and staff will continue to work with Haven Humane Society and provide further updates. Mayor Murray stated that the key to animal control is to have animals spayed and neutered. He inquired if it would be possible to benchmark the cost of euthanasia versus the cost of placing an animal and establish the cost to educate the public. Mayor Murray stressed the importance of working with HHS to manage money effectively. Council Member Anderson concurred that spay and neutering is the most effective solution and he would like to see that program expanded. He suggested that HHS hire a veterinarian to perform spay and neutering to promote education. Mr. Anderson said Ile is satisfied with Hl-IS's service. Mr. Starman thanked the staff at HHS and stated that everyone is working toward the same goal to reduce animal euthanasia. MOTION: Made by Council Member Kehoe, seconded by Council Member Anderson, that the report regarding updated animal regulation services be accepted as presented. The Vote: Unanimous Ayes ELECTRIC UTILITY MONTHLY FINANCIAL REPORT - February, 1998 (B-130-070) Electric Utility Director Feider highlighted the Report to City Council dated March 30, 1998, incorporated herein by reference, regarding the Electric Utility monthly financial report for February, 1998. 04/07/98 91 Mr. Feider indicated that the City of Redding has been working with representatives of the Western Area Power Administration (Western), Pacific Gas and Electric, the California Independent System Operator (ISO) and other utilities in California to reach an agreement in principle on the operation and scheduling of Redding's energy into and out of the Western system. Redding, Western and PG&E have recently reached an agreement on the data flow and accounting practices necessary to continue the operating practices that Redding is entitled to under its existing contracts with Western. Mr. Feider introduced Anjie Baker, a new employee in the Electric Department, who will be handling customer interfacing. MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, to accept the Electric Utility's Monthly Financial Report for February, 1998, as presented. The Vote: Unanimous Ayes GENERAL FUND MONTHLY FINANCIAL REPORT - February, 1998 (B-130-070) Administrative Services Director Bachman provided an overview of the Report to City Council dated March 30, 1998, incorporated herein by reference, regarding the General Fund monthly financial report for February, 1998. Mr. Bachman related that Transient Occupancy Tax revenue and motor vehicle in-lieu tax revenue performed below what was expected in February while sales tax and in-lieu property tax revenue performed as expected or better than expected. Total revenue to date is $23.1 million or $3,892 (less than 0.1 percent) below staff's revised cash flow estimate. Expenditures to date total $25,530,310, or $999,738 (3.8 percent) below staff's original cash flow projection. Expenditures are trending as expected and no adjustments are recommended at this time. MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, that the General Fund's Monthly Financial Report for February, 1998, be accepted as presented. The Vote: Unanimous Ayes ORDINANCE - re Amending Redding Municipal Code Section 11.24.070, Relating to Parking of Large Vehicles/Trailers (P-030-250) Public Works Director Russel; provided an overview of the Report to City Council dated March 30, 1998, incorporated herein by reference, in regard to an ordinance amending Redding Municipal Code Section 11.24.070, parking of large vehicles/trailers in or adjacent to residential and unclassified districts. Mr. Russell related that Section 11.24.070 restricts the parking of commercial vehicles within residential districts. This restriction was in response to neighborhood complaints of early morning vehicle starts, size of parked vehicles on residential streets which obscure traveling vehicle sight distances, the continuous operation of refrigeration units causing noise concerns and the appearance of large commercial-type vehicles changing the nature of the residential neighborhood. As a result, the City Council adopted an ordinance restricting the parking of commercial vehicles with an unladen weight of 11,000 pounds or having length of more than 25 feet from residential streets, as defined by the California Vehicle Code. Mr. Russell indicated that two problems have arisen with Section 11.24.070. First, it pertains to "commercial" vehicles weighing over 11,00Q pounds and trailers longer than 30 feet in length. This has presented problems in terms of enforcing this provision since there are vehicles parking in residential areas which are not registered as commercial but which exceed 11,000 pounds and/or which are longer than 30 feet in length. The second problem is that residential development as defined or intended by the City of Redding may not meet the definition of that term as used in the California Vehicle Code. Staff members of Public Works, Police, and the City Attorney's office have developed modified language to the Redding Municipal Code for the City Council's consideration as follows: 1. Restrict such vehicles in areas zoned as residential or any area that is zoned as an unclassified district and is also classified by the Redding General Plan as residential. 04/07/98 92 2. Restrict such vehicles on or adjacent to any city street, alley, roadway, or highway that is adjacent to any area that is zoned as a residential district or any area that is zoned as an unclassified district and is also classified by the Redding General Plan as residential. It is the recommendation of staff that the City Council modify the Municipal Code section as suggested. This action would allow the posting of appropriate signs advising of commercial vehicle parking prohibitions in residential areas as required by the Vehicle Code and the issuance of citations should violations occur, and it is further recommended that the ordinance be introduced for first reading. Council Member Anderson offered Ordinance No. 2213 for first reading, an ordinance of the City Council of the City of Redding amending Redding Municipal Code section 11.24.070, commercial vehicles on City streets. MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, that the full reading of Ordinance No. 2213 be waived and the City Attorney be instructed to read the ordinance by title only. The Vote: Unanimous Ayes ORAL COMMUNICATION (A-050-060-450) Pastor Bill Roscoe, Good News Rescue Mission, thanked Mayor Murray for his assistance with the food drive. Pastor Roscoe conveyed that it was very successful. ORAL COMMUNICATION (E-020-010) Patricia Cogburn, 4397 Eagle Nest Road, stated that City Council has done nothing to prevent Knauf Fiberglass from coming to Shasta Lake City, and the air quality in Redding will be impacted by Knauf. ORAL COMMUNICATION (A-050-300) City Manager Warren acknowledged Public Works Director Russell for serving as an interim director and thanked him for a job well done. He stated that Morton August, the new Public Works Director, will start on April 13, 1998. CLOSED SESSION Mayor Murray stated that Council will adjourn to closed session to discuss the following: Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: 2439 Sonoma Street Negotiating party: Phil Perry Under negotiation: Price and Terms (C-070-200) Closed session pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Redding vs. National Energy Production Corporation and Russ Electric; U.S. District Court, Eastern District of California, Case No. CIV-S-97-0852 (L-100) At the hour of 9:25 p.m., Mayor Murray adjourned the meeting to closed session. At the hour of 9:55 p.m., Mayor Murray reconvened the meeting to regular session. No reportable action was taken. 04/07/98 93 ADJOURNMENT There being no further business, at the hour of 9:56 p.m., Mayor Murray declared the meeting adjourned. APPROVED: ATTEST: `- ayor drp \ Assistant City Cler' 04/07/98