HomeMy WebLinkAboutMinutes - City Council - 1998-06-16 143
City Council, Regular Meeting
City Council Chambers
1313 California Street
Redding, California
June 16, 1998 7:00 p.m.
The Pledge of Allegiance to the flag was led by Mr. Clay McClain.
The invocation was offered by Pastor Bob Pierce, North Valley Baptist Church.
The meeting was called to order by Mayor Kehoe with the following Council Members present:
Anderson, Cibula, Kight, McGeorge and Kehoe.
Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate,
Development Services Director Swanson, Public Works Director August, 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, Finance Officer Strong,
Electric Group Manager Ryan, City Clerk Strohmayer, Assistant City Clerk Moscatello, and
Executive Secretary Lack.
RESOLUTION - re Proclaiming July 5, 1998, as King Center-Community Heritage Reunion Day in
Redding
(A-050-060-600)
It is recommended that the City Council adopt a resolution proclaiming July 5, 1998, as King Center-
Community Heritage Reunion Day in Redding.
MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, to adopt
Resolution No. 98-84, a resolution of the City Council of the City of Redding proclaiming July 5,
1998, as King Center-Community Heritage Reunion Day in Redding.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight, McGeorge and Kehoe
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - None
Resolution No. 98-84 is on file in the office of the City Clerk.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register 23, for the period June 2, 1998, through June 11,
1998, check numbers 258958 through 259336 inclusive, in the amount of$3,61 1,534.44, and Payroll
Register 24, check numbers 449911 through 450286 inclusive, and electronic deposit--check numbers
49473 through 49938 inclusive, totaling $1,336,748.57, for the period May 17, 1998, through May
30, 1998, be approved.
TOTAL: $4,948,283.01.
Resolution - re Adopting a Policy Concerning the Use of Litter Abatement Funds
(A-050-060-555 & A-030-040)
It is the recommendation of the Assistant City Manager that Resolution No. 98-85 be adopted, a
resolution of the City Council of the City of Redding adopting Council Policy No. 1409--Use of Litter
Abatement Funds within the Solid Waste Utility's Budget. These funds are derived from customer
rates, with every customer contributing approximately $1.18 per year to the program.
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Sale of Property - Located at 2439 Sonoma Street to Plastic Surgery Associates
(C-070-200)
It is the recommendation of the Assistant City Manager that City Council approve the sales agreement
for the sale of surplus City property at 2439 Sonoma Street to Plastic Surgery Associates. The terms
of the sale are as follows:
- Purchase Price $380,000
- Credit for extension of Sonoma St. (30,000)
Total $350,000
The credit for the connection of Sonoma Street is only valid for six months. After that time, the
extension is the obligation of the buyer if they develop before the street is constructed.
Sale of Property - Disposition of Surplus Property on Old Alturas Road (APN-077-280-6 I) Street
Right-of-Way
(C-070-200)
It is the recommendation of the Assistant City Manager that City Council ratify the sale of the
property and approve the sales agreement of excess City street right-of-way on Old Oregon Trail to
Azi Barzin. The terms of the sale are as follows:
- Purchase Price is $1,050
- The buyer is to merge the property with his adjacent property.
- The City will abandon its public street interest in the property, but retain public service
easements for storm drain and public utility purposes.
Award of Bid - Bid Schedule No. 3193, Purchase of a Cab-over Chassis for the Solid Waste Utility
(B-050-100)
It is the recommendation of the Assistant City Manager that Bid Schedule No. 3193, purchase of a
1-ton cab-over chassis truck be awarded to F.B. Hart/Allstate of Redding for a total, delivered cost
of$52,155.45. The bid price is higher than the estimate, however, it is the size of chassis needed to
carry the lift mechanism without extensive modifications to both an undersized truck and the lift
mechanism.
Resolution - re Cooperation Agreement with the Redding Redevelopment Agency
(R-030-060)
It is the recommendation of the Deputy City Manager that Resolution No. 98-86 be adopted, a
resolution of the City Council of the City of Redding authorizing the extension of the cooperation
agreement with the Redding Redevelopment Agency for the City to provide staff assistance and
insurance coverage in support of the Agency's activities through June 30, 1999.
Recycling Grants - State Department of Conservation, Division of Recycling
(G-100-170 & S-020-550)
It is the recommendation of the Assistant City Manager that the City Council authorize the Solid
Waste Utility to apply for multiple grants totaling approximately$468,000 from the State Department
of Conservation, Division of Recycling, to enhance the City's recycling infrastructure/collection,
public information and education, and litter abatement programs to be used in calendar year 1999.
Agreement - With John and Judy Goold dba Cornucopia Gifts for Terminal Building Space at
Redding Municipal Airport
(C-070-100 & A-090-100)
It is the recommendation of the Development Services Director that City Council approve the lease
agreement with John and Judy Goold permitting the Cornucopia Gift shop to be relocated to a more
desirable location within the terminal building at Redding Municipal Airport. The term of the new
lease is for five(5)years with one five-year option to extend. The new lease increases the base rent
from $262.08 to $330 per month and includes a new provision where a percentage of gross receipts
is to be paid if the percentage exceeds the base rent.
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Ground Lease and Modification to Ground Lease - re Ascot Aviation, Inc., for Property at Redding
Municipal Airport
(C-070-100 & A-090-100)
It is the recommendation of the Development Services Director that City Council approve the ground
lease and modification to ground lease with Ascot Aviation, Inc., for land at Redding Municipal
Airport for which it intends to construct facilities and operate as a full-service fixed-base operation
(FBO) and permit Ascot to begin fueling operations in accordance with certain conditions: (1) Ascot
will provide evidence of financial commitment for the hangar/office complex and approved
operational above-ground fuel tanks, and (2) Ascot will not price its fuel at a lower level than the
existing vendor until a certificate of occupancy is issued for the new FBO complex. The proposed
ground lease includes 73,500 square feet (site A) for the purpose of constructing a 50' x 210'
hangar/office complex; 32,234 square feet (site B) for the purpose of constructing, operating and
maintaining above-ground, fuel-storage tanks; and an option on 37,500 square feet (site C) for
additional aircraft parking. In addition, the City agrees to grant revocable nonexclusive use of a 120'
x 150' automobile parking lot adjoining Ascot's leasehold. The rental rate for Site A will be
$1,504.58 per month to begin upon the tenant's obtaining a certificate of occupancy from the City
or 180 days from commencement date. The rental rate for Site B will be $349.20 per month and shall
begin immediately upon the commencement of this agreement. The duration of the lease will be
twenty-five (25) years with one five-(5) year option to extend.
License Agreement - re Amendment No. 1 with Experimental Aircraft Association (EAA) for
Aviation Day at Benton Airpark
(A-070-080 & A-090-020)
It is the recommendation of the Development Services Director that City Council approve
Amendment No. 1 to the License Agreement with the Experimental Aircraft Association to include
both the EAA and Hillside Aviation, Inc., in an effort to properly reflect the joint sponsorship of a
portion of Benton Airpark for Aviation Day '98 activities on June 21, 1998, and to clarify various
legal and insurance issues that may result if bodily injury or property damage arises from the activity.
Award of Bid - re Bid Schedule No. 3192, Purchase One (1) 29,000 GVWR Truck with Aerial
Device
(B-050-100)
It is the recommendation of the Electric Utility Director that Bid Schedule No. 3192, purchase of one
29,000 GVWR line clearance tree trimmer's truck with aerial device for the Electric Department be
awarded to Pacific Utility Equipment Co., in the amount of$98,214.81. Sufficient funds are available
in the Electric Department rolling stock replacement fund to purchase the vehicle.
Contractual Agreements - Peace Officers Standards and Training (POST) and Butte Community
College
(P-150-150)
It is the recommendation of the Chief of Police that the City Council approve entering into the POST
agreement to purchase a driving simulator training unit to be reimbursed by POST in the amount of
$286,000. It is also recommended that at contract with the Butte College Criminal Justice Training
Center to house, provide trainers and maintain the system at no expense to the City be approved. The
police department will receive training on the system at no cost to the City and placing this equipment
at the Criminal Justice Training Center will make training available to public safety agencies
throughout Northern California.
Excess Workers' Compensation Insurance Policy - 1998-99 and 1999-2000
(R-100-375-325)
It is the recommendation of the Administrative Services Director that City Council approve the two-
(2)year policy offered by Employers Reinsurance Corporation (ERC), with a self-insured retention
of $300,000, at a rate of$0.1050 per $100 of payroll. The ERC has provided excess workers'
compensation insurance for the City of Redding and they remain the most competitive in terms of
pricing, while offering a self-insured retention at or less than that of other major insurance carriers.
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Extension of Contract - re The Epler Company for Insurance Consulting Services
(P-100-150)
It is the recommendation of the Administrative Services Director that City Council approve a three-
(3) month extension of the current contract with The Epler Company to provide insurance benefit
consulting services through September 30, 1998, at a fixed cost of$3,875.
Resolution - Approving Revision to Executive Management Pay-for-Performance Salary Plan
(P-100-320)
111
It is the recommendation of the Administrative Services Director that Resolution No. 98-87 be
adopted, a resolution of the City Council of the City of Redding amending the Executive Management
Pay-for-Performance Salary Plan, effective June 14, 1998. This action would add a new classification
titled Convention and Visitor Bureau Manager and delete the Manager of Convention Sales and
Services. The Convention and Visitor Bureau Manager will be responsible for the administration,
development and implementation of marketing, advertising and public relations programs to promote
and expand conventions and tourism in the City. The salary range is $2,913-$4,596 per month.
Renewal of Group Insurance Contracts - Approve contracts with UNUM for Long-Term Disability
Insurance; and Connecticut General for Life Insurance
(P-100-150-055/P-100-150-060)
It is the recommendation of the Administrative Services Director that City Council approve entering
into a 30-month contract with UNUM for the provision of long-term disability insurance. This
insurance provides 60 percent of the employee's annual income, up to a maximum of$3,000 per
month for all represented groups and up to $5,000 per month for unrepresented management
employees at a rate of$.56 per$100 of covered payroll, which represents a 3.6 percent decrease from
the current rate. UNUM is willing to guarantee the rate for the term of a 30-month contract, effective
July 1, 1998.
It is also recommended that City Council authorize an 18-month extension to the contract with
Connecticut General for the provision of life insurance. This policy provides insurance equal to twice
the employee's annual salary and $3,000 for dependent. Additional coverage is also provided for
accidental death and dismemberment. The City's current contract with Connecticut General provides
life insurance for $. 19 per $1,000 of coverage. The contract also provides accidental death and
dismemberment insurance for $.04 per $1,000 of coverage. The total cost of these two insurance
types is approximately $165,000 annually. Connecticut General has agreed to continue this insurance
at the same rate for a period of 18 months, effective July 1, 1998.
Set Public Hearing - re Adjustments to the City's Schedule of Fees and Service Charges
(F-205-600)
It is the recommendation of the Administrative Services Director that City Council set a public
hearing for July 7, 1998, for the purpose of taking public input and considering adjustment to the
City's Schedule of Fees and Service Charges. By and large, most fees are being adjusted by an
inflationary adjustment of 6.3 percent, which is equivalent to the change in the Consumer Price Index
between October 1995 and January 1998.
Award of Bid - Bid Schedule No. 3195, Purchase of Variable Frequency Drive Systems
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3195, purchase of
Variable Frequency Drive Systems for the Wastewater Utility upgrade of the pump drive systems at
the Sunnyhill Lane pump station to reduce operating costs be awarded to ROBICON of Kensington,
Pennsylvania, for Groups 1, 2, and 3 in the amounts of$86,870.36 for Group 1; $14,855.59 for
Group 2; and $2,217.93 for Group 3 for a total of$103,943.86 (delivered).
Award of Bid - Bid Schedule No. 3176, Purchase of Liquid Chlorine
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3176, purchase of
liquid chlorine for the Foothill and Buckeye Water Treatment Plants, and the Clear Creek and
Stillwater Wastewater Treatment Plants be awarded to Sierra Chemical Company of Reno, Nevada,
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in the amount $280.00 per ton delivered for one to four containers, $275.00 per ton delivered for five
to nine containers and $271.50 per ton delivered for ten or more containers. Funding in the amount
of$77,000 is included in the proposed FY 1998-99 budget.
Award of Bid - Bid Schedule No. 3179, Purchase Rock and Mineral Products
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3179, purchase of rock,
asphalt and mineral aggregate products as needed for maintenance divisions engaged in various types
of infrastructure repairs be awarded to several companies that have submitted the lowest competitive
bids for each of the 24 material items as follows:
Company Bid Item Numbers
Northstate Asphalt 1-4, 9, 13, 14, 19-21
J.F. Shea 5-8, 11-12, 15, 18, 23-24
Westside Aggregate 10, 17, 22
John Hoeft Trucking 16
It is estimated that $190,000 dollars will be spent by various Public Works divisions for rock, asphalt
and mineral aggregate materials during the fiscal year. Funding in the amount of$199,640 for this
purpose has been included in the proposed FY 1998-99 budget.
Award of Bid - Bid Schedule No. 3174, Purchase of Liquid Sulfur Dioxide
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3174, purchase of
liquid sulfur dioxide for the Clear Creek and Stillwater Wastewater Treatment Plants be awarded to
Sierra Chemical Company of Reno, Nevada, in the amount of$420.00 per ton delivered for one to
four containers and $415.00 per ton delivered for five or more containers. Funding of$66,000 for
this purpose is included in the proposed FY 1998-99 budget.
Award of Bid - Bid Schedule No. 3180, Purchase of Lime
(B-050-100)
It is the recommendation of the Public Works Director that Bid Schedule No. 3180, purchase of lime
as needed for the Clear Creek Treatment Plant and the infrequent use at the Foothill Water Treatment
Plant be awarded to Sierra Chemical Company of Reno, Nevada, in the amount of$129.40 per dry
ton delivered. Funding of$30,000 for this purpose is included in the proposed FY 1998-99 budget.
Redding West Shopping Center - re Authorization to Reimburse Developer for Oversizing of
Waterline (Southeast corner of Placer Street and Buenaventura Boulevard)
(A-070-300 & A-070-045)
It is the recommendation of the Public Works Director that City Council authorize the reimbursement
of Panattoni Development Company in the amount of$22,227.85 for the cost of oversizing the water
main in the Redding West Shopping Center.
MOTION: Made by Council Member Kight, seconded by Council Member Cibula, that all the
foregoing items on the Consent Calendar be approved and adopted as recommended.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight, McGeorge and Kehoe
Noes: Council Members -None
Absent: Council Members - None
Abstain: Council Members - None
Resolution Nos. 98-84, 98-85, 98-86, 98-87, 98-88, 98-89, 98-90, 98-91, and Ordinance Nos. 2217
and 2218 are on file in the office of the City Clerk.
6/1 6/98
148
PUBLIC HEARING - re Teton Drive Street Assessment District No. 1998-1; and
RESOLUTION - Approving Engineer's Report and Assessment and Ordering Acquisition of Street
Improvements
(A-170-120-875)
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding Teton Drive
Street Assessment District No. 1998-1.
The following documents are on file in the office of the City Clerk:
Notice of Hearing and Ballot Procedure
City Clerk Strohmayer advised that no protests were received.
Public Works Director August highlighted the Report to City Council dated June 9, 1998,
incorporated herein by reference, regarding Teton Drive Street Assessment District No. 1998. Mr.
August reported that on February 3, 1998, the City Council authorized staff to proceed with
formation of an assessment district and secure bond financing to reimburse the developer for a portion
of the cost of constructing Teton Drive. The amount of reimbursement to the developer is
$331,811.28. The total amount to be spread is$425,000 pursuant to the engineer's estimate of cost.
To offset any costs the City may incur arising from the role in administering the newly formed
assessment district, the City will receive an administration fee of$7,650. In addition, the Public
Works Department will receive $8,500 for assessment engineering and for compiling the Engineer's
Report.
It is the recommendation of staff that City Council adopt the resolution approving the Engineer's
Report, levy assessments, and order acquisition of improvements.
Paul Edgren, Signature Northwest, requested that the bond service fee of$15,500 be added to the
annual assessment fee rather than being paid up front. He said he is aware of the problems that other
assessment districts have experienced when the loan to value ratio was 21/2 - 3 to 1, and the City has
now set a minimum level of 6 to 1, except in certain circumstances. He added that most of the
property is developed into lots and the loan to value ratio on this property is in excess of 10 to 1. The
ratio is 6 to 1 on the undeveloped property. He conveyed that while the City Treasurer does not
support this request because of the risk factor, the amount of each assessment would only increase
by a nominal $6.85 per year.
Mayor Kehoe determined that there was no one else present wishing to speak on the matter and
closed the public hearing.
Bond Counsel Sam Sperry from Orrick, Herrington& Sutcliff, stated that the intent of the resolution
for consideration this evening would not change if Council voted favorably on Mr. Edgren's request.
He explained that attachment B of the Engineer's Report describes the estimated costs of these
proceedings, and one line item in the cost estimate is an allowance in the amount of$15,500 for fees
payable to the paying agent whom the City will hire to administer the bonds. In the event the City
grants Mr. Edgren's request and does not fund the obligation out of bond proceeds up front and
collects the fee over a period of time, the $15,500 would be added to the annual assessments.
Mr. Sperry noted that the conservative approach would be to fund the bond service fee up front. He
added that the alternative of collecting the fee annually through the assessment installments can be
done. Mr. Sperry indicated that he did not have a recommendation for Council, and he viewed Mr.
Edgren's request as a policy decision for the City Council.
In response to Council Member Anderson, Deputy City Manager Starman conveyed that because this
bond issue is a 6-1 ratio, it is very well secured.
Mayor Kehoe asked for staff's recommendation regarding Mr. Edgren's request. Mr. Starman
responded that the City Treasurer's recommendation is to require the fee to be paid up front. City
Manager Warren concurred with the City Treasurer's recommendation and said that although the
property is secured, he did not feel the City should enter into any more risk.
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Council Member McGeorge stated that because of the solid reputation of the developer and the loan
to ratio value being 6 to 1, he recommends that Council approve Mr. Edgren's request.
Council Member Kight commented that approving this request would not change Council's policy
or create a precedent. Future requests will be viewed on a case-by-case basis. He noted that Mr.
Edgren is one of the finest developers in Northern California.
111 Council Member Anderson recommended that only adequately secured projects with a 6 to 1 ratio
be approved.
MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, to
approve payment of the Trustee/Paying Agent Administration fee of$15,500 for the Teton Drive
Street Assessment District No. 1998-1 over the period of the assessment district rather than requiring
payment up front; and authorized adding said fee to the assessment for each lot.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight and McGeorge
Noes: Council Members - Kehoe
Abstain: Council Members - None
Absent: Council Members - None
MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, that
Resolution No. 98-88 be adopted, a resolution of the City Council of the City of Redding, approving
Engineer's Report and assessment, and ordering acquisition of street improvements.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight, McGeorge and Kehoe
Noes: Council Members -None
Abstain: Council Members - None
Absent: Council Members - None
Resolution No. 98-88 is on file in the office of the City Clerk.
PUBLIC HEARING - re Proposed Amendment to Redding Municipal Code Section 18.38 re Lot
Dimensions and Setback Standards, "B" Combining District
(L-010-500-050)
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding proposed
amendments to Redding Municipal Code Section 18.38 re lot dimensions and setback standards, "B"
Combining District.
The following document is on file in the office of the City Clerk:
Affidavit of Publication - Notice of 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
June 1, 1998, incorporated herein by reference, relating to the amendments to Redding Municipal
Code Chapter 18.38, "B" Combining District. Mr. Swanson reported that at its meeting of May 12,
1998, the Planning Commission recommended amendments to the"B" Combining District chapter
of the Zoning Code (Chapter 18.38). The "B" Combining District is a series of combining
designations to be applied in conjunction with the basic"R-1" Single Family Residential District to
111 establish a larger minimum lot size than the base 6,000 square feet in the "R-l" District. The "B-10"
designation establishes a 10,000-square-foot minimum parcel size; and the "B 15" designation
establishes a 15,000-square-foot minimum parcel size. In addition to defining parcel size, the
designations may also establish different front-and-side-yard setbacks and lot-width minimums. Mr.
Swanson explained that the minimum parcel size standards provided by the"B" Combining District
is one of the basic tools of the Zoning Code to establish residential districts which are consistent with
the densities established in the General Plan. However, minor inconsistencies have caused code
administration and enforcement problems as follows:
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• The "B15" designation has side-yard setbacks that are out of sequence with setbacks for
larger and smaller lots.
• The 90-foot minimum lot width in the"B15" designation hinders design flexibility that staff
is trying to encourage.
• There are two sets of 10-, 20-, and 40,000-square-foot minimum lot sizes with different front-
and side-yard setbacks for each set.
• For larger lot sizes, the "B" Combining District does not provide the larger maximum front-
yard setbacks to be expected in large lots.
The revisions to the"B" Combining District recommended by staff and the Planning Commission will
ease the permit process by reducing the need for superfluous use permits and variances for front-yard
and side-yard setback exceptions.
It is the recommendation of staff that City Council approve the amendment to the "B" Combining
District as depicted on the exhibit, titled Draft "B" Combining District. This action will address the
problem areas in the existing code provisions as identified.
Mayor Kehoe determined that there was no one present wishing to speak on the matter and closed
the public hearing.
Council Member Anderson offered Ordinance No. 2217 for first reading, an ordinance of the City
Council of the City of Redding amending Section 18.38.010, Regulations, of Redding Municipal
Code Chapter 18.38, "B" Combining District.
MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, that the
full reading of Ordinance No. 2217 be waived and the City Attorney be instructed to read the
ordinance by title only. The Vote: Unanimous Ayes
PUBLIC HEARING - re Appeal of Administrative Use Permit AUP-5-98, by Bernard Bryson (South
of Cypress Street Bridge and east of the Sacramento River)
(L-010-390-100)
The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing regarding
Administrative Use Permit AUP-5-98, Appeal of Approval by Bernard Bryson.
The following document is on file in the office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
City Clerk Strohmayer advised that no protests were received.
Planning Manager Keaney provided an overview of the Report to City Council dated June 8, 1998,
incorporated herein by reference, regarding the Appeal of Administrative Use Permit AUP-5-98,
granting permission to operate a seasonal raft rental business. Mr. Keaney explained that on April
29, 1998, the Development Services Department approved Administrative Use Permit AUP-5-98,
granting Gary Myers permission to operate a temporary(May 15, 1998, to September 15, 1998) raft-
rental business. The Department's action was taken after City Council agreed to allow Mr. Myers
to utilize City-owned property to access the river from the raft-rental location subject to certain
conditions. In addition to those conditions, the City Council directed the new Community Services
Advisory Commission to monitor the use during the rafting season and report to the City Council as
to whether or not the use should be approved next year as a temporary or permanent use and, if
approved, what requirements should be imposed. Mr. Keaney indicated that on May 6, 1998,
Bernard Bryson of North Country Canoe and Kayak appealed the approval of AUP-5-98.
On May 26, 1998, the Planning Commission denied the appeal, allowing Mr. Myers to operate his
business until September 15, 1998, with temporary facilities, while the City Council monitors the use
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to determine if it is appropriate for the City-owned property to be utilized for access to the river by
a commercial entity. Mr. Keaney added that further complicating consideration of this matter is the
history of the project. On May 10, 1997, the Development Services Department approved
Administrative Use Permit AUP-23-97, granting Gary Myers permission to operate a raft-rental
business at 2420 Henderson Road for a period of one year. The permit was to be reviewed after one
year to determine if approval of a permanent permit should be granted. The applicant was advised
that a long-term permit would necessitate permanent facilities, such as paved parking, landscaping,
a permanent building with restrooms, and an enclosed storage facility for the rafts as indicated in
Condition 1 of AUP-23-97. It has been the intent of the Development Services Department to
require permanent facilities for this business to continue; however, with the Council's decision to
review the use of the City property after monitoring by the Community Services Advisory
Commission, the probability of the operation's continuance remains uncertain. Until the Community
Services Advisory Commission makes its report to the Council and the Council decides whether or
not to allow the use of City property to continue, it is not appropriate to require the applicant to make
a major investment at this location.
It is the recommendation of staff that City Council deny the appeal. This action would allow Mr.
Myers to operate his business until September 15, 1998, with temporary facilities, while City Council
monitors the use to determine if it is appropriate for the site.
John Kenny, 2701 Park Marina Drive, representing the appellant, recalled that last year the City did
not have a policy regarding the use of City-owned open space, however, it granted Gary Myers,
Myers Marine, a one-year use permit to operate a temporary raft-rental business utilizing City-owned
property to access the river from his raft-rental business (Redding Raft Rentals). Because the City
had not yet addressed this issue, he recommended that the City Council defer action relative to
Administrative Use Permit AUP-5-98 until standards were adopted relative to the use of City-owned
property, particularly open space areas.
Bernard Bryson, 2525 Park Marina Drive, stated that many of his concerns would not be an issue if
Mr. Myers' raft-rental business were being operated solely on private property, as it had been prior
to 1997. He opined that this property is the best location in the City of Redding from which to
operate a raft-rental business because of its high visibility. He related that any business owner would
be concerned if their competition were granted permission to utilize public property which provided
greater visibility at a fraction of the cost of what is being paid for private property and no requirement
to comply with City standards. He explained that City traffic counts show that traffic is twelve times
greater on Cypress Avenue than it is on Park Marina Drive.
Mr. Bryson recalled that about a year ago, both he and Mr. Myers presented requests to the City to
operate raft rental businesses at the Posse Grounds boat launch facility. After substantial discussion,
the Recreation and Parks Commission determined that the only City-owned property where such a
use would be appropriate was the South Bonnyview Boat Launch facility. Mr. Myers agreed to
operate his business at this location during the 1997 season under proposed raft and insurance
requirements which were generally in line with privately-owned property requirements. However,
Mr. Myers changed his plans and the City granted Administrative Use Permit AUP-23-97 for the
location on Henderson Road without any further review by the Commission. Mr. Bryson stated that
during the Administrative Use Permit approval process, the Planning Division overlooked the fact that
Mr. Myers was planning to utilize City-owned greenway for river access.
Mr. Bryson was notified that Mr. Myers' permit would only be for one year, and during that time,
the issue regarding the use of City-owned greenway would be reviewed and discussed prior to a
permit being issued for the 1998 rafting season. In addition, he was told that he would be notified
of any meeting dealing with this issue. He related that he did not receive notification of the meeting
when City Council granted Mr. Myers permission to use the City's property for river access. He
stated that review of the City's policy relative to the use of City-owned property, as required by
Administrative Use Permit AUP-23-97, has not been performed by the Planning Division staff, the
Planning Commission, or the Community Services Advisory Commission. Mr. Bryson opined that
after reviewing the City's General Plan, related zoning ordinances, and City policies, he could not find
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any instance where the proposed commercial use would be permitted on this property, with or
without a use permit. He stated that the proposed use does not constitute nominal public access--it
is a commercial operation. Mr. Bryson noted that the City's Policy 13 does not permit vendors to
operate on City property, including parks, therefore, he did not see how this proposed use was
justified.
Mr. Bryson explained that, as part of his operating costs, he is required to pay a private property
owner for river access and permanent facilities, including paved parking, landscaping, enclosed raft
storage, and rental space in a permanent building with handicapped restrooms. In addition, he is
required to carry a minimum of$2 million in liability insurance. He indicated that the proposed
permit would allow Mr. Myers to operate a highly visible, permanent business for approximately 4'/2
months per year in a tent-covered, chain-linked fence enclosure with a port-a-potty and unpaved
parking for a second year. He did not view Mr. Myers' operation as a temporary use, but as an
economically-feasible, seasonal business. He opined that it was unfair for the City to issue
"temporary"use permits to businesses which are in competition with businesses trying to comply with
the City's rules and regulations.
Mr. Bryson cited a letter from City Manager Warren dated June 30, 1997, which indicated that Mr.
Myers would be required to provide permanent facilities if the property were to be utilized on a
continuing basis. Mr. Bryson noted that many of his concerns outlined in the appeal were not
addressed at the Planning Commission's hearing due to the uncertainty surrounding the City
Council's action on April 23, 1998. Therefore, the Commission's discussion was limited to the
conditions for temporary and permanent facilities. He stated that there are four issues which need
to be addressed: (1) Is the commercial use of greenway property permitted by the General Plan and
the City's zoning ordinance; (2) Is this an appropriate use of greenway property and what are the
effects of the precedent that would be set if this request was approved; (3) Is it appropriate for this
permanent seasonal business to continue to operate utilizing temporary facilities which are not in
conformance with the City's standards and ordinances; and (4) Is it proper to offer the use of City-
owned property for commercial use with conditions which benefit a single business in direct
competition with other businesses when such property and/or services are available from the private
sector?
Mr. Bryson suggested that the following matters need to be accomplished prior to the leasing or
rental of City-owned property or the approval of a use permit: (1) Adopt a policy relative to the use
of City-owned property for commercial use; (2) The Community Services Advisory Commission
should study and make recommendations relative to this specific request and the general use of
greenway properties; and (3) The Planning Commission should address the inconsistencies in the
application of requirements for permanent facilities.
Mr. Bryson requested that City Council reconsider its previous action of April 23, 1998, and uphold
the appeal of Administrative Use Permit AUP-5-98. He stressed that he was not attempting to
prevent Mr. Myers from operating his raft-rental business, however, he did not believe one business
should be granted preferential treatment or a financial advantage over their competition.
Mr. Bryson suggested that the City offer Mr. Myers the opportunity to operate from the South
Bonnyview Boat Launch facility during 1998 season under the same conditions outlined by the
Recreation and Parks Commission in April 1997.
Gary Myers, 3641 Riverside Drive, owner of Myers Marine and Redding Raft Rental, provided
pictures of the access and easement onto the City-owned property. He stated that he submitted his
application for a use permit in February 1998. He explained that he was informed in April 1998 that
he had the City Council's approval to utilize the property; therefore, he proceeded to invest a
considerable amount of money to begin operating his business. Mr. Myers requested that the City
Council deny Mr. Bryson's appeal. Mr. Myers thanked City Council and staff for their assistance.
Mayor Kehoe determined that there was no one else present wishing to speak on the matter and
closed the public hearing.
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Mayor Kehoe noted that staff has indicated that the appeal is limited to the level of improvements of
the use permit. He pointed out that both Mr. Kenny and Mr. Bryson are of the opinion that the City
Council's action in April and the level of improvements are intertwined. Therefore, he requested that
the City Attorney clarify the issues relative to the appeal.
City Attorney Wingate explained that technically the appeal is limited to those matters in the Use
Permit. He stated that City Council may choose to discuss in a broader sense other open space areas
which the City owns or which are zoned as open space; however, he recommended that City Council
consider that issue at a later date as a separate matter. He related that while it is implicit in Mr.
Bryson's concerns, the existence of a policy relative to the use of City-owned open space and its
applicability to the property in question is not specifically part of the appeal before the City Council
this evening.
In response to Council Member McGeorge, Mr. Wingate confirmed that City-owned open space is
accessible to the public.
Mayor Kehoe recalled that at the City Council's meeting in April, he had expressed concern relative
to the establishment of a policy for the use of City-owned property and the urgency associated with
that request. He indicated that there are questions which needed to be addressed and he is
disappointed in the manner with which this permit has been handled. Mayor Kehoe acknowledged
that the City Council's actions were, in fact, restricted this evening.
Council Member Kight stressed the importance of businesses being able to compete on a level playing
ground. He stated that he would not, therefore, support this request next year if it were presented
with the same conditions.
Council Member Anderson suggested that a Request for Proposals (RFP) be issued if it was
determined that a raft-rental business was appropriate for this property. Mr. Wingate pointed out that
an RFP may not be appropriate because the property upon which Mr. Myers' business is located is
owned by a different party.
MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to deny the
appeal of Administrative Use Permit AUP-5-98, granting permission to operate a seasonal raft rental
business. This action allows Mr. Gary Myers to operate his business until September 15, 1998, with
temporary facilities, while the Community Services Advisory Commission monitors the use to
determine if it is appropriate for the site. The Vote: Unanimous Ayes
APPOINTMENTS - Downtown Review Committee
(B-080-600)
MOTION: Made by Council Member McGeorge, seconded by Council Member Cibula, to appoint
Kim Price to the Downtown Review Committee, effective immediately. The Vote: Unanimous Ayes
PUBLIC UTILITIES COMMISSION (PUC) - re Filing of Protest with the PUC re the Closing of
the Pacific Bell Call Center in Redding and General Directory Assistance Rate Increase
(E-050)
Economic Development Manager Hiller highlighted the Report to City Council dated June 2, 1998,
incorporated herein by reference, in regard to the closing of the Pacific Bell call center in Redding and
general directory assistance rate increase. Mr. Hiller reported that on May 1, 1998, Pacific Bell
announced that the 411 directory assistance call center in Redding would be closing and 150 jobs
would be transferred to Sacramento. He indicated that this closure is part of a corporate
reorganization and consolidation of 14 centers into five larger centers in San Francisco, Pleasanton,
Sacramento, Stockton and Fresno, and it is expected to occur during the first quarter of 1999. In
addition, the cost of directory assistance will increase from .25 cents to .50 cents for all business and
residential customers. Mr. Hiller noted that the protest filing document must be submitted to the
PUC by June 26, 1998.
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Mr. Hiller clarified that it is staff's intent to mitigate the loss of jobs through negotiations with Pacific
Bell and filing the protest with the California Public Utilities Commission (PUC) could provide
leverage for the City of Redding.
City Manager Warren advised that he spoke with Larry Lees, representing Pacific Bell, and indicated
that Pacific Bell has been very cooperative. He noted that discussions have centered around the time
line for the closure and also displacement of jobs to other areas of Pacific Bell. Mr. Warren said he
feels confident that these issues can be resolved with Pacific Bell prior to June 26, so the City does
not have to proceed with the protest filing.
Larry Lees, 3823 Andes Drive, expressed appreciation for the professional stance the City of Redding
has taken and said he intends to work diligently with the City to maintain a good relationship. Mr.
Lees indicated that in order for Pacific Bell to maintain its competitive edge, it must reorganize and
consolidate. In response to Council Member Kight, Mr. Lees advised that Pacific Bell may be able
to provide alternative services, such as long-distance marketing sales which could create jobs for
Redding.
Council Member Kight conveyed that he is in full support of the position opposing the loss of jobs
in the community; however, he said he is uncomfortable protesting a rate increase because a
municipality should not tell Pacific Bell how to run its business.
Council Member Anderson agreed with Council Member Kight; however, he opined that filing the
protest is part of the strategy of negotiation and removing the rate increase protest from the equation
will not help save 150 jobs.
Mr. Lees noted that the rate increase and job loss are two separate issues. He stated that job loss is
not a regulatory matter, but they are mandated to inform the PUC how this matter will impact the
community.
Mayor Kehoe asked for clarification from staff what negotiation with Pacific Bell entails. Mr. Warren
explained that staff will negotiate to the best of its ability to replace the 150 jobs lost by Pacific Bell's
consolidation.
MOTION: Made by Council Member Anderson, seconded by Council Member Kehoe, authorizing
staff to file a protest with the Public Utilities Commission if an agreement between the City Manager
and Pacific Bell cannot be reached by June 25, 1998, in letter form acceptable to the City Attorney.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, McGeorge and Kehoe
Noes: Council Members - Kight
Abstain: Council Members -None
Absent: Council Members - None
FEDERAL EMPOWERMENT ZONE
(E-050)
Economic Development Manager Hiller provided an overview of the Report to City Council dated
June 3, 1998, incorporated herein by reference, relating to application for designation of a Federal
Empowerment Zone. Mr. Hiller reported that the Federal Government will be designating twenty
(20) Empowerment Zones this calendar year. He explained that Empowerment Zones are very similar
to State Enterprise Zones and are designated on a competitive basis. The designation will include 15
urban zones and 5 rural zones for the entire United States. Mr. Hiller added that the zones offer
Federal income tax incentives for businesses and grant money for the jurisdictions designated.
Business incentives include three types of hiring tax credits up to $5,000 per employee per year and
tax-exempt bond financing. Grant funds to the communities are $100 million to each urban zone
designated and $40 million to each rural zone designated. These Social Services Block Grant (SSBG)
funds do not require a local match and can be used for the following: (1) Land Purchases and
Improvement; (2) Economic Development Programs; (3) Job Training; (4) Health Programs; (5)
Education; (6) Policing; (7) Transportation; (8) Human Development; (9) Environmental Clean Up;
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and (10) Administration. Mr. Hiller noted that there is no formula for the use of funds and each
applicant decides what to spend the money on and how much.
Mr. Hiller continued that the City of Redding meets the eligibility requirements for an urban zone.
Redding has one census tract that meets the 25 percent poverty requirements. He opined that the
City would have little chance for a designation competing against the major cities of the United
States. However, if the City were to team with Siskiyou and Trinity Counties and submit a regional
application addressing the economic disruption in the wood products industry due to Federal policy
over the past fifteen years, Redding could be competitive. He added that Superior California
Economic Development District serves the three jurisdictions and is interested in serving as the lead
agency and administering the zone. The application process starts with the creation of a long-term
vision of what the region will become and a comprehensive strategic plan with broad documented
community input is then developed. Successful applications which are due in late September or early
October will be the result of a collaborative process that involves affected agencies in the community.
It is the recommendation of staff that City Council proceed with the development of a "regional"
application for a Federal Empowerment Zone teamed with Siskiyou and Trinity Counties.
Bob Nash, representing Superior California Economic Development (SCED), related that this is a
great opportunity to receive funds if the Empowerment Zone application is successful. Mr. Nash
indicated that a meeting was held with representatives from Siskiyou and Trinity Counties, SCED and
Mr. Hiller to discuss this matter and Mr. Hiller's presentation was received quite well. He anticipated
that Siskiyou and Trinity counties will make a decision within the next two weeks on whether to
participate. Mr. Nash stated that staff time to process the application is a concern that will be
considered by all parties.
Mr. Hiller conveyed that the City would help prepare and assist the counties with development of the
regional application, and it is estimated that Redding's share of staff time would cost $30,000. Mr.
Hiller explained that distribution of grant funds would be based on population; therefore, it is
estimated that the City of Redding could receive 60 percent, Siskiyou County 30 percent and Trinity
County 10 percent.
Council Members Anderson and Cibula agreed that a more concrete proposal should be developed
prior to the City considering any recommendation at this time.
MOTION: Made by Council Member Cibula, seconded by Council Member Kight, authorizing staff
to explore a regional approach with Siskiyou and Trinity Counties and return to City Council with
an update prior to filing an application for a Federal Empowerment Zone.
The Vote: Unanimous Ayes
GRIFFIN GRANT WRITING - re Proposed Contract for Grant Writing Services
(G-100)
City Manager Warren provided an overview of the Report to City Council dated June 11, 1998,
incorporated herein by reference, regarding the proposed contract with Griffin Grant Writing &
Consulting , Inc. Mr. Warren reported that Griffin Grant Writing was founded by John Griffin, in
1990, with the goal of assisting city, county and state governments with researching, tracking, and
securing federal, state and private competitive grants. Mr. Warren explained that Mr. Griffin found
that staff often had no training, little experience and no legislative background in securing grants. In
addition, City and county staff viewed grant writing as another task added to an ever-increasing work
load. He stated that Griffin Grant Writing is the only grant writing firm that guarantees each of its
clients a minimum of$1 million in new grants, and if the company fails to meet this performance
standard, the firm does not get paid. Griffin Grant Writing has secured in excess of$500 million in
competitive grant funding for technology, criminal justice, housing, transportation,job training, labor,
social services, health education, youth programs, recreation, infrastructure and other types of grants.
In terms of success, Mr. Warren explained that Griffin Grant Writing has a high "hit rate" of 88
percent on total grants submitted.
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Mr. Warren indicated that the contract with Griffin Grant Writing requires an up-front fee of$95,000
which is reimbursable after thirty months if the City does not receive at least a $1 million grant.
Additional contract terms were outlined by Mr. Warren.
Mr. Warren discussed the City's options: (1)Join with another public agency such as Shasta County;
(2) Hire Griffin Grant Writing and be the only client; (3)Go out for an RFP for grant writing services;
or (4) Not pursue grant writing services. Mr. Warren recommended that City Council approve
alternative 1, to join with other public agencies. He stated that he is requesting conceptual approval
only and a final contract will be brought back to Council for approval.
In response to Council Member Cibula, Mr. Warren confirmed that the City does not have a
professional grant writer on staff and it would be difficult to find an expert in all areas.
Council Member Anderson opined that the up front fee should be divided equally between the City
and the county, however, the entity which receives the grant would pay the entire $95,000 fee.
Nancy Jackson, Operations Manager representing Griffin Grant Writing & Co. (Griffin), stated that
Griffin will not process a grant application without the City's authorization.
In response to Council's questions, Mr. Warren clarified that Griffin will be applying for new grants
only and the City will continue to apply for other grants that will not be credited to Griffin.
MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, to hire Griffin
Grant Writing and the City would be the only client. Voting was as follows:
Ayes: Council Members - Kight
Noes: Council Members - Anderson, Cibula, McGeorge and Kehoe
Abstain: Council Members - None
Absent: Council Members - None
This motion failed four to one.
MOTION: Made by Council Member Anderson, seconded by Council Member Cibula, to approve
Alternative No. 1, in concept, to join with other public agencies and hire Griffin Grant Writing to
secure grants for the City of Redding and direct the City Manager to return to the City Council with
a final contract for consideration. The Vote: Unanimous Ayes
CIVIC CENTER PROJECT - re Status Report and Possible Special City Council Meeting
(B-050-020 & C-050-025)
City Manager Warren recommended that the City Council schedule a Special meeting on July 1 or
July 2, 1998, to consider the award of bid for the Civic Center.
Assistant City Manager Perry indicated that the Civic Center has been out to bid since May 25, 1998,
and bids are scheduled to be opened on June 25, 1998, for Phase II of the project which consists of
the Administration Building, the Council Chambers and the land immediately adjacent thereto. It is
the recommendation of staff that City Council indicate if it would like to call a Special Meeting on
the dates noted.
It was the consensus of City Council to authorize staff to schedule a Special City Council meeting
to consider the award of bid for Phase II of the Civic Center project.
ORDINANCE - re Alcoholic Beverages in City Parks, Proposed Amendment to Redding Municipal
Code Section 10.20.040; and
RESOLUTION - Approving the Request of Viva Downtown to Allow Sale, Consumption and
Possession of Alcoholic Beverages during MarketFest
(A-110-100)
Deputy City Manager Starman provided an overview of the Report to City Council dated June 11,
1998, incorporated herein by reference, regarding the request by Viva Downtown to allow the sale,
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157
possession and consumption of alcoholic beverages in and adjacent to Library Park in conjunction
with MarketFest to be held on thirteen consecutive Thursday evenings beginning July 2, 1998.
It is the recommendation of staff that City Council adopt a resolution granting permission to Viva
Downtown for the sale, possession and consumption of alcoholic beverages at MarketFest beginning
July 2, 1998, and ending September 24, 1998.
In order to avoid having to bring this issue before the City Council in the future, staff also
recommends that City Council adopt an ordinance adding Library Park to the list of parks in Section
10.20.040 at which persons may consume or possess alcohol if they obtain the necessary permits and
meet certain conditions, including compliance with Chapter 11.44-Special Events.
Jeff Swanson, 2515 Park Marina Drive, stated that Viva Downtown will be utilizing the identical
alcohol consumption policies used during the past two years. He added that Viva Downtown will
obtain the necessary license and permits from Alcohol Beverage Control (ABC) in order to comply
with local and State rules and regulations.
Council Member McGeorge offered Ordinance No. 2218 for first reading, an ordinance of the City
Council of the City of Redding, amending Subsection B.2. of Redding Municipal Code Section
10.24.040, adding Library Park to the list of parks at which persons may consume or possess alcohol
subject to obtaining the appropriate permits and approvals.
MOTION: Made by Council Member McGeorge, seconded by Council Member Cibula, that the full
reading of Ordinance No. 2218 be waived and the City Attorney be instructed to read the ordinance
by title only. The Vote: Unanimous Ayes
MOTION: Made by Council Member McGeorge, seconded by Council Member Cibula, that
Resolution No. 98-89 be adopted, a resolution of the City Council of the City of Redding, approving
the request of Viva Downtown to allow the sale, consumption and possession of alcoholic beverages
on public property in and adjacent to Library Park in conjunction with MarketFest starting July 2,
1998, through September 24, 1998. Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight, McGeorge and Kehoe
Noes: Council Members - None
Abstain: Council Members -None
Absent: Council Members - None
Resolution No. 98-89 is on file in the office of the City Clerk.
RESOLUTION - Authorizing Negotiation of a Contract for Planning Permit Tracking Computer
Software
(A-050-250 & A-070-400)
Planning Manager Keaney highlighted the Report to City Council dated June 1, 1998, incorporated
herein by reference, regarding the Contract for Planning Permit Tracking Software. Mr. Keaney
reported that in the current budget year, the Planning Division has been authorized to spend up to
$27,000 of Community Development Block Grant (CDBG) funds to acquire and install permit
tracking computer software. Over the past two months, Planning staff (with assistance from
Information Systems and GIS staff) has been researching vendors that can provide such software, and
only two firms have a planning module that meets staff criteria. He indicated that the key criteria is
that the software be truly expandable, use Oracle as a relational database and have the built-in ability
for modification or creation of forms and processes without input from the vendor. The purchase,
installation and basic instruction are competitive with the cost in the range of about $15,000 to
$20,000. The difficulty is in determining the extent and cost of possible one-time customization to
enable the software to connect to the City's parcel file database, which could add up to $30,000 to
the contract cost.
It is the recommendation of staff to waive the formal bidding process and proceed with negotiations
with both software vendors. Since both vendors offer similar software capabilities and pricing
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158
structure, the main issue is if staff can negotiate the customized connection from its software to the
City's database for under $10,000. With this approach, the City Manager would be authorized to
execute the contract after staff has negotiated the best one-time "customization" of the software.
Mayor Kehoe stated that he is interested in competition and supports the City's policy relative to the
RFP process. He questioned if the software purchase could increase in cost from a minimum of
$25,000 to a maximum of$70,000.
Mr. Keaney stated that if the City wants to expand its software capability into the building permit
area, the cost would exceed $25,000. He explained, however, that additional funds are not available
at this time for that purchase. Mr. Keaney noted that staff may look for additional revenue sources
in fiscal year 1999-2000 for software to expand into the building permit area.
Mayor Kehoe asked if an RFP would be distributed at that time. Mr. Keaney said it would be logical
to use the same vendor to expand its computer software for the building permit system as the City
is using for its planning permit tracking. He explained that there is no way to structure an RFP that
states there is $25,000 available now and additional funds will be available in one to two years.
MOTION: Made by Council Member McGeorge, seconded by Council Member Cibula, that
Resolution No. 98-91 be adopted, a resolution of the City Council of the City of Redding authorizing
the bypass of the formal bidding process and the purchase of permit tracking computer software for
the Development Services Department. Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight and McGeorge
Noes: Council Members - Kehoe
Abstain: Council Members - None
Absent: Council Members - None
Resolution No. 98-91 is on file in the office of the City Clerk.
RESOLUTION - Authorizing an Agreement with the State Lands Commission for Lease of Land for
the Turtle Bay Pedestrian Bridge
s'-X70-0So —,SOo
Director of Community Services Gorman's staff report dated June 8, 1998, is in regard to the request
for authorization to enter into a 25-year Lease Agreement with the State Lands Commission for the
Turtle Bay Pedestrian Bridge. The lease is standard for public works projects that encroach upon the
State Lands Commission's domain as they relate to the Sacramento River, and the City is essentially
obtaining an"air space easement" as no improvements will be constructed in the river bed below the
low water mark.
It is stalls recommendation to authorize the Mayor to execute the lease and direct staff to submit the
document to the State Lands Commission by June 18, 1998. The State Lands Commission will
approve the lease at its June 19, 1998, meeting.
Council Member Cibula indicated that he requested that this agenda item be moved from the consent
calendar to the regular calendar because of his concerns about the form of the land lease. Council
Member Cibula inquired whether the bridge would be considered an improvement and upon
expiration of the lease, whether the title of the bridge could be transferred to the State and the City
be forced to remove the bridge from the property. Mr. Wingate noted that this form of lease
agreement is an archaic document; however, the State continues to use this type of lease agreement
with respect to all lands that come before the State Lands Commission. He indicated that historically,
the State Lands Commission has never exercised this provision.
Council Member Cibula asked if the State would consider removing some of the language or extend
the length of the lease. Mr. Wingate stated that the Commission indicated they would be willing to
consider an extension of the term for 10 to 15 years and removing the provision that title to any
improvements revert back to the State Lands Commission. Mr. Wingate stated that if the City
decides to challenge the lease agreement it will delay proceedings for development of the bridge.
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In response to Council Member Anderson, Mr. Wingate conveyed that upon expiration of the lease,
the State would extend the agreement for another 25 years.
MOTION: Made by Council Member Cibula, seconded by Council Member Anderson, that
Resolution No. 98-90 be adopted, a resolution of the City Council of the City of Redding approving
entering into a General Lease-Public Agency Use (REF. W25260) with the California State Lands
Commission for the construction and maintenance of a 26-foot by 585-foot Pedestrian Bridge at
Turtle Bay, Sacramento River, Redding; and instructed staff to negotiate a 10-15 year extension of
the lease with the State Lands Commission. Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight, McGeorge and Kehoe
Noes: Council Members - None
Abstain: Council Members - None
Absent: Council Members - None
Resolution No. 98-90 is on file in the office of the City Clerk.
MARKETFEST - Request for Expansion, Street Closures and Waiver of Street Closure Costs
(P-030-250)
Public Works Director August provided an overview of the Report to City Council dated June 8,
1998, incorporated herein by reference, regarding a request from Viva Downtown to close Placer
Street adjacent to Library Park during MarketFest and to waive the closure costs. Mr. August
explained that closing Placer Street between California Street and the railroad tracks allows relocation
of the produce growers and their vehicles from the park into Placer Street, thereby creating more
space for the anticipated crowds. Placer Street would be closed between the hours of 2:30 p.m. and
9:45 p.m. on thirteen consecutive Thursday evenings beginning July 2, 1998. Mr. August indicated
that Viva Downtown has also submitted a request to waive all or a portion of the costs associated
with the closure of Placer Street. He also mentioned that Viva Downtown has obtained written
support for the closure from all businesses in the vicinity.
It is the recommendation of staff that the City Council support the closure of Placer Street, between
California Street and the railroad tracks, to accommodate the expansion of MarketFest during the
term of the event; and it is further recommended that City Council waive all of the costs associated
with the street closure.
Jeff Swanson, 2515 Park Marina Drive, related that MarketFest has become a very successful
fundraiser and a large portion of the proceeds are returned to the community. He noted that the
Redding Police Department (RPD) and the Public Works Department have approved the closure of
Placer Street for the expansion of MarketFest.
In response to Mayor Kehoe, Mr. August related that the street closure will not jeopardize public
safety and waiving the fees will not set a precedent for other organizations. He explained that fees
have been waived for other non-profit organizations.
MOTION: Made by Council Member Anderson, seconded by Council Member Kight, to approve the
closure of Placer Street, between California Street and the railroad tracks, to accommodate the
expansion of MarketFest on consecutive Thursdays from 2:30 p.m. to 9:45 p.m., beginning July 2,
1998, and ending September 24, 1998, and waive all the costs associated with the closure. The Vote:
Unanimous Ayes
SEWER REIMBURSEMENT AGREEMENT
(W-020 & A-070-300)
Council Member McGeorge abstained from discussion and voting on this matter.
Public Works Director August provided an overview of the Report to City Council dated June 15,
1998, incorporated herein by reference, relating to a Reimbursement Agreement for oversizing and
increasing the depth of the Rancho Estates Sewer Trunk Line. Mr. August stated that the residents
in the area of Saratoga Drive between Rancho Road and El Verano Street area are experiencing
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severe problems with their septic systems, and the residents approached City staff with a request for
the formation of a sewer assessment district. Mr. August indicated that initial studies show that in
order to service the residents of this area, a pump station and force main would need to be installed.
Currently, an opportunity exists to provide a long-term sewer service to the residents without
installing a pump station. Mr. August explained that Mr. Antone Meier is currently in the process
of constructing the Rancho Estates subdivision near Shasta View Drive and Rancho Road. If Mr.
Meier's sewer is constructed approximately 3-feet deeper and oversized by 2 inches, then Mr. Meier's
trunk line could be used to provide sewer service to the Saratoga area.
Mr. August stated that the cost for these increases is approximately $50,000. In accordance with
Section 14.16.370 of the City of Redding Municipal Code, the City may contribute to the cost
associated with these increases. He indicated that there are sufficient funds budgeted in the current
fiscal year to pay for the costs related to oversizing and increasing the depth of the Rancho Estates
sewer trunk line.
It is staff's recommendation that City Council enter into a reimbursement agreement, subject to
approval of the agreement by the City Attorney, with Antone Meier to oversize and lower the sewer
line through the Rancho Estates subdivision. This action would allow sewer service to the Saratoga
Drive area as soon as an Assessment District could be formed.
MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to authorize
entering into a Reimbursement Agreement, subject to approval of the agreement by the City Attorney,
with Antone Meier to oversize and lower the sewer line through the Rancho Estates Subdivision.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, Kight and Kehoe
Noes: Council Members - None
Abstain: Council Members - McGeorge
Absent: Council Members - None
DEVELOPMENT FEE CREDITS
(A-050-250-030)
City Attorney Wingate provided an overview of the Report to City Council dated June 8, 1998,
incorporated herein by reference, regarding Development Fee Credits. Mr. Wingate stated that there
has been an unwritten policy regarding providing property owners and developers with credits against
sewer and water connection fees and traffic impact fees in cases where a building is being replaced
with a new building. He explained that the amount of credit is dependant upon the square footage
of the new building and the prior use of the property. As of April 8, 1998, building officials are no
longer giving development fee credits unless they had already been promised prior to that date, or
unless the credits are to be allowed for a replacement building following an abatement proceeding to
demolish and remove a public nuisance.
Mr. Wingate related that this matter will be brought to the City Council for the purpose of
establishing a formal policy and appropriate ordinance code amendments for the issuance of
development fee credits in pertinent situations. Prior to adoption of such a policy and ordinance
amendments, Mr. Wingate recommended that an interim policy to allow development fee credits in
limited situations be approved.
Council Member Anderson conveyed his concern that developers may receive a credit based on the
current fee structure for a project that was built when development fees were not required.
Mr. Wingate explained that development fee credits would be given when a building is being
reconstructed and there is no new impact upon sewer, water and traffic caused by the reconstruction;
or when, as a result of abatement proceedings initiated by the City, a structure is being demolished
and replaced with a new building. The amount of the fee credit would be the lesser of(a) the
development fees which would be payable now for the former use or (b) the development fees
applicable to the new use. No development fee credit would be allowed unless the new use is
occurring within 24 months of demolition of the former structure.
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In response to Council Member Cibula, Assistant City Manager Perry conceded that there is no
provision to prevent the same development fee credit from being applied as an incentive to demolish
an historical building.
Council Member Kight inquired if there is a policy that impact fees are only applicable to a designated
piece of property and cannot be transferred to another property. Mr. Wingate replied that this has
been the City's practice.
Mayor Kehoe asked staff for a report regarding the costs associated with the unwritten policy, by
preferably the first Council meeting in August.
MOTION: Made by Council Member Anderson, seconded by Mayor Kehoe, to approve development
fee credits in certain instances only as recommended by the City Attorney pending adoption of a
formal policy and ordinance amendments. Development fee credits will be limited to an amount no
greater than that which was previously paid by a property owner at the time of original construction.
Voting was as follows:
Ayes: Council Members - Anderson, Cibula, McGeorge and Kehoe
Noes: Council Members - Kight
Abstain: Council Members - None
Absent: Council Members - None
ORAL COMMUNICATION
(E-050)
Charles Hooper, 188 Stoney Hill Drive, Folsom, opined that City of Redding government does not
promote economic development and he asked City Council to encourage economic development.
CLOSED SESSION
Mayor Kehoe stated that Council will adjourn to closed session to discuss the following:
Closed Session pursuant to California Government Code Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
One (1) Case
(L-100)
URGENCY ITEM
MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, to
approve placing the following closed session item on the agenda as an urgency item pursuant to
California Government Code Section 54954.2(c)(2). The Vote: Unanimous Ayes
CLOSED SESSION
Mayor Kehoe stated that Council will adjourn to closed session to discuss the following:
Closed Session pursuant to California Government Code Section 54956.9(a):
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
National Energy Production Corporation v. City of Redding
United States District Court, Eastern District of California,
Case No. CIV-S-97-823 WBS PAN
(L-100)
At the hour of 9:45 p.m., Mayor Kehoe adjourned the meeting to closed session.
At the hour of 10:03 p.m., Mayor Kehoe reconvened the meeting to regular session.
In response to the closed session item regarding anticipated litigation, it was the consensus of City
Council to reject the request by Mr. Walter Boehringer to renegotiate the purchase, sale and
transaction of property purchased from the City of Redding, and denied claim for damages.
Relative to the closed session urgency item regarding existing litigation, no action was taken.
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162
ADJOURNMENT
There being no further business, at the hour of 10:04 p.m., Mayor Kehoe declared the meeting
adjourned.
APPROVED:
ATTEST:
V
Mayor
/
City Clerk
6/16/98