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HomeMy WebLinkAboutMinutes - City Council - 1998-10-06 268 City Council, Regular Meeting Council Chambers 1313 California Street Redding, California October 6, 1998, 7:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member Cibula. The Invocation was offered by Captain Mick Souders of the Salvation Army. The meeting was called to order at 7:00 p.m. by Mayor Kehoe with the following Council Members present: Anderson, McGeorge, Cibula, Kight, and Kehoe. Also present were City Manager Warren, Assistant City Manager Perry, Deputy City Manager Starman, City Attorney Wingate, Director of Public Works August, Director of Development Services Swanson, Director of Electric Utility Feider, Chief of Police Blankenship, City Treasurer Linville, Planning Manager Keaney, Police Captain Byard, Police Captain Davidson, Police Lieutenant Moty, Economic Development Manager Hiller, Electric Program Supervisor Graves, Support Services Director Kersten, Assistant Director of Public Works-City Engineer Russell, Distribution Systems Manager Russell, Finance Officer Strong, Personnel Analyst Neimer, City Clerk Strohmayer, Assistant City Clerk Moscatello, and Executive Secretary Miller. Request from Veterans of Foreign Wars (VFW) (S-070-230) It is the recommendation of the Assistant City Manager that a request received from Redding VFW Post 1934 to rename the street between the Downtown Post Office and the Veterans Hall as Veterans of Foreign Wars be referred to the Planning Commission, as outlined in Chapter 17.34 of the City Code. MOTION: Made by Council Member Cibula, seconded by Council Member McGeorge, to refer the request to rename the street between the Downtown Post office and Veterans Hall as Veterans of Foreign Wars by Redding VFW Post 1934 to the Planning Commission. The Vote: Unanimous Ayes RESOLUTION - Proclaiming October 4-10, 1998, as "Public Power Week" in the City of Redding; and Presentation of High School Essay Contest Awards (A-050-060-600) It is the recommendation of the Electric Utility Director that Resolution No. 98-136, a resolution of the City Council of the City of Redding proclaiming October 4-10, 1998, as Public Power Week, be adopted in honor of the City of Redding Electric Utility. MOTION: Made by Council Member Anderson, seconded by Council Member Cibula, that Resolution No. 98-136 be adopted, a resolution of the City Council of the City of Redding proclaiming October 4-10, 1998, as Public Power Week. 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. 98-136 is on file in the office of the City Clerk. 10/06/98 269 Plaque awards were presented by Mayor Kehoe to the following high school seniors, each the winner of a $500 scholarship in an essay contest relating to Public Power Week: Melinda Ralston, Robin Josefsson, Allison Leonard, and May Nhaun Saechao. RESOLUTION - Declaring October 1998 as "Domestic Violence Awareness Month" (A-050-060-600) It is recommended on behalf of the Shasta County Women's Refuge that City Council declare October 1998 as "Domestic Violence Awareness Month," urging citizens to actively participate in scheduled activities and programs sponsored by local agencies engaged in the fight against domestic violence, and to work toward the elimination and prevention of domestic violence. MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, adopting Resolution No. 98-137, a resolution of the City Council of the City of Redding proclaiming October 1998 as "Domestic Violence Awareness Month." 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. 98-137 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special Meetings of July 28, 1998, August 14, 1998, September 8, 1998, and September 17, 1998; and Regular Meetings of September 1, 1998, and September 15, 1998. Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 6, check numbers 261903 through 262404 inclusive, in the amount of 3,759,625.07, for the period September 15, 1998, through September 30, 1998, be approved and paid, and Payroll Register No. 6 check numbers 454042 through 454440 inclusive, and electronic deposit transaction numbers 53303 through 53785, in the amount of 1,384,337.50, for the period September 6, 1998, through September 19, 1998, be approved. TOTAL: $5,143,962.57 Treasurer's Report - September 1998 (A-050-100-600) Total Treasurer's Accountability - $89,354,417.12 Total City of Redding Funds, Funds Held in Trust, and Funds of Related Entities - $151,212,308.51 ACRI33 and Cash Reconciliation Report - August 1998 (F-205-095-650) It is the recommendation of the Deputy City Manager that the ACR 133 Report and the Proof of Cash Reconciliation for August 1998 be accepted. 10/06/98 270 ORDINANCE NO. 2227 - Rezoning Application RZ-5-98, by Robert Loring and City of Redding (Property Located South of College View Drive and West of the Terminus of Stetson Way) (L-010-230) It is recommended that Ordinance No. 2227 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "R-1" Single Family Residential District and "OS" Open Space District (RZ-5-98). ORDINANCE NO. 2228 - re Rezoning Application RZ-4-98, by Don Shearing (3350 Lawrence Road) (L-010-230) It is recommended that Ordinance No. 2228 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding to "R-1" Single Family Residential District and "OS" Open Space District (RZ-4-98). Cancellation of Council Meeting (A-050-060) It is the City Manager's recommendation that the City Council Meeting of November 3, 1998, be canceled. A special meeting may be arranged should matters arise which require attention. Property Status Report (C-070) It is the recommendation of the Assistant City Manager that City Council accept the Property Status Report as of September 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. Shasta Cascade Rail Preservation Society Request to Use City Property (C-070-100) It is the recommendation of the Assistant City Manager that the City approve the request of the Shasta Cascade Rail Preservation Society and provide two acres for up to five years at no cost for storage of train and railroad equipment and materials while establishing a railroad museum. After five years, rent may be accorded at fair market value. If the City Council concurs, staff will determine a site and submit a lease for consideration to the City Council. Lease of a Portion of the Former Finance Trailer to Allen L. Bender. Inc. (C-050-100) It is the recommendation of the Assistant City Manager that the City enter into a lease agreement with Allen L. Bender, Inc., for a portion of the former Finance trailer as a construction office at $220 per month, including a utility allowance of$50. The lease will generate approximately $3,740 for the City, utilize a vacant trailer, and free up space on the City Hall construction site. General Plan Amendment Application GPA-3-97 and Rezoning Application RZ-12-97. by Howard Taylor (G-030-010 & L-010-230) It is the recommendation of the Development Services Director that the City Council accept the report dated October 1, 1998, regarding Howard Taylor's request for amendment of the General Plan and rezoning of property at the northwest corner of Highway 44 and Shasta View Drive for the relocation of Taylor Motors. Mr. Taylor has requested that the 90-day time limit for forwarding the Planning Commission's report to the Council be extended, and the General Plan application referred back to the Planning Commission for further review and recommendation. He has also withdrawn the rezoning request, and proposes an amendment to the General Plan to "Retail" for the developable property south of Tarmac Road and "Residential, 18.0 units per acre" for developable property to the north. 10/06/98 271 RESOLUTION - Summary Vacation of an Offer of Dedication of an Open Space Easement, and Acceptance of a Revised Open Space Easement Adjacent to the Sacramento River at Glenrock Way and Morningdew Way, by the City of Redding (A-010-040) It is the recommendation of the Development Services Director that Resolution No. 98-138 be adopted, a resolution of the City Council of the City of Redding summarily vacating an easement offered for dedication but never accepted by the City, granted by William L. and Janet M. Gilliland, Trustees, on December 17, 1994. A 1994 property-line adjustment approval provided that the 100-year floodplain of the Sacramento River be dedicated to the City for open-space floodplain and trail purposes; however, it has since been determined that the 100-year floodplain encompasses a narrower strip of land than described in the easement, and private development of two adjacent lots has encroached into the easement and actual floodplain. The resolution provides a revised private open-space easement more consistent with the physical characteristics of the property. RESOLUTION - Establishing a Fund for Periodic Major Maintenance of the City's Electric Power Plants (E-090-160-320) It is the recommendation of the Electric Utility Director that Resolution No. 98-139 be adopted, a resolution of the City Council of the City of Redding authorizing the establishment of a special-purpose restricted fund not to be included in the calculation of the Electric Utility's unrestricted reserves. The resolution directs that 1) an accounting mechanism similar to a rolling-stock replacement fund be put in place whereby funds are accrued for the periodic major maintenance of equipment at the City's power plants; 2) funds in the amount of $269,728 be transferred from the Electric Utility's reserve account into the periodic major maintenance account established pursuant to this Council action; 3) the amount set aside each year shall be based on the number of operating hours, plus equivalent operating hours accumulated by each turbine/generator set each month of the fiscal year, up to the maximum amount approved in the budget process; and 4) the periodic major maintenance fund will be a special-purpose restricted fund, not to be included in the calculation of the Electric Utility's unrestricted reserves. Waiver of Separation of Merchant Function Requirements under FERC Order No. 889 (E-120-050) It is the recommendation of the Electric Utility Director that the City Council approve filing Request for Partial Waiver of FERC Order No. 889 requirements as pertains to the separation of the merchant function obligation, and that Redding's waiver request be jointly filed with the City of Santa Clara, the Modesto Irrigation District, and the MSR Public Power Agency at FERC. If the Electric Department must separate functions, the cost for additional staffing, computers, and offices, estimated at $300,000 to $500,000 per year, would be harmful to the continuing efforts to reduce utility operating costs, debt, and rates. RESOLUTION - Low-Interest Loan Policy (A-050-060-555 & A-050-125-100) It is the recommendation of the Electric Utility Director that Resolution No. 98-140 be adopted, a resolution of the City Council of the City of Redding adopting Council Policy No. 1410 - low-interest, energy-efficient loans for business customers. The policy specifies the procedures and parameters necessary for the implementation of a low-interest loan program to assist business customers in upgrading facilities with more energy-efficient equipment. Voting was as follows: Ayes: Council Members - Cibula, Kight, McGeorge and Kehoe Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Anderson 10/06/98 272 RESOLUTION - Authorizing 1915 Bond Act Foreclosures on Delinquent Assessments (A-170) It is the recommendation of the City Treasurer that Resolution No. 98-141 be adopted, a resolution of the City Council of the City of Redding ordering judicial foreclosure of delinquent bond assessments pursuant to the Improvement Bond Act of 1915, and ordering that the tax collector be credited with those assessments. The City has covenanted in 1915 Bond Act documents to initiate foreclosure proceedings within 90 or 150 days, depending on the district, from the date assessments become delinquent, and the City Treasurer must initiate foreclosure on delinquent 1915 assessments through Council approval and Superior Court action. At the end of September, the Treasurer's office has identified 94 remaining assessor parcels with delinquent 1915 Bond Act assessments at a total delinquency of$107,570.43. Disclosure of Financial Interest in Redevelopment Project Areas (R-030-010-070) Pursuant to Section 33130(a) of the California Health and Safety Code, individuals required to participate in the formulation of, or to approve plans or policies pertaining to the redevelopment of a project area as a part of their duties, must disclose any direct or indirect financial interest in property included within a project area, and that said financial disclosure statements shall be entered into the minutes of the Redding Redevelopment Agency and the City Council as a matter of public record. The following individuals have submitted Financial Disclosure Statements listing their direct or indirect financial interest in property located within the redevelopment project areas, which are on file in the office of the City Clerk: • City Council/Redevelopment Agency Member Robert C. Anderson • City Council/Redevelopment Agency Member Mark H. Cibula • City Council/Redevelopment Agency Member David L. McGeorge • City Attorney W. Leonard Wingate • Planning Commissioner David Rutledge • Planning Commissioner Tina R. Swanson • Planning Commissioner Jan Maurer Watkins It is the recommendation of the City Clerk that the foregoing report be accepted as meeting the requirements of the California Health and Safety Code. Public Works Quarterly Report - Fourth Quarter 1998 (A-050-300) It is the recommendation of the Director of Public Works that City Council accept the Public Works Quarterly Report for the fourth quarter of 1998. Authorization to Reimburse for Oversizing of Waterline, White Hawk Estates. Unit 2 (A-070-300 & S-100-108) It is the recommendation of the Director of Public Works that City Council authorize the Finance Department to pay Signature Northwest $15,019.13, the difference in cost for oversizing the water main in White Hawk Estates Subdivision, Unit 2, as per the Water Master Plan, in accordance with Redding Municipal Code subsection 14.08.130.B.2. The installation of improvements in the subdivision were completed and accepted by the City Council on August 18, 1998. Acceptance of Final Map - Bonnyview Estates 2, Units 1 and 2 (S-20-89), East Bonnyview North of South Bonnyview and Resolution Accepting Streets- Acceptance of Improvements for Bonnyview Estates 2, Units 1 and 2, (S-20-89), Fitzgerald Construction, East Bonnyview North of South Bonnyview (S-070-230 & S-100-050) It is the recommendation of the Director of Public Works that City Council accept the Final Map for Bonnyview Estates 2, developed by Fitzgerald Construction, authorize the Mayor to sign the subdivision agreement, and instruct the City Clerk to file the Map with the Shasta County Recorder. 10/06/98 273 It is the recommendation of the Director of Public Works that Resolution No. 98-142 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Mill Pond Lane and Willowbrae Avenue in Phase 2, Units 1 and 2, of the Bonnyview Estates Subdivision. It is also recommended that City Council accept the improvements in Bonnyview Estates 2, Units 1 and 2, as satisfactorily completed and that the City Clerk be instructed to return the securities to the developer. MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, that all the foregoing items on the Consent Calendar be approved and adopted as recommended, with the exception of those items approved by a separate vote as indicated above. 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. 98-138, 98-139, 98-140, 98-141, and 98-142, and Ordinance Nos. 2227 and 2228 are on file in the office of the City Clerk. AUTHORIZATION TO PROCEED WITH RESTRUCTURING A PORTION OF THE ELECTRIC UTILITY'S DEBT (D-050-250-006 & E-090-100) Electric Utility Director Feider provided an overview of the Report to City Council dated September 25, 1998, relating to a request to proceed with a restructuring of the Utility's Series 1993A, primarily distribution debt, to take advantage of low interest rates and the differential between variable and fixed interest rates. The proposed restructuring will provide gross cash flow benefits of between $11.8 and $15.4 million, depending upon the level of variable rate debt issued, which will be used to pay down the Utility's direct generation debt. Cash flow benefits are comprised of debt service savings and the release of$6.6 million in the Series 1993A debt service reserve fund, which will be applied to reduce the borrowing amount and to offset costs of issuance. The Utility's total outstanding direct distribution debt will be reduced by $1.1 to $2.5 million, depending on the amount of variable rate refunding debt issued. It is recommended that City Council direct staff to proceed with the debt restructuring, including the purchase of interest rate caps to mitigate variable interest rate risk, and return at later dates for approval of the bond documents. Dan Hartman of Public Financial Management (PFM), Electric Utility Financial Advisor, presented an overhead slide package of the proposed refinance data, incorporated herein by reference. He highlighted that the City may save as much as $4.5 million on a present value basis, with cash flow savings of up to $15 million. He surmised that the City would be able to lower the amount of debt outstanding slightly, consistent with the policy of Council to reduce the debt of the Utility, and that gross capital savings estimated at $11.8 million from 1999 through 2004 could be applied to the generation debt. He disclosed that the refinancing would be sensitive to changes in interest rates that may occur, and those factors would be calculated into the analysis and presented to Council when brought back for approval. In response to Council Member Kight, Mr. Hartman conveyed that PFM anticipates the variable rate staying below fixed rate levels as it has for the past eight years. He stated that while the projected savings were calculated using a variable rate of 4.5 percent, they are currently at 2.9 percent; hence, the savings potential could be greater. To the extent that rates rise above 4.5 percent, however, savings would be less in the period where there is no 10/06/98 274 cap. Mr. Hartman determined the worst-case scenario is that variable interest rates rise and remain, although he deemed that a remote possibility. Council Member Anderson remarked that the City should not make this decision hastily and discern what changes occur in the market. He stated that more information would be helpful when the item is brought back before Council, including the worst-case scenarios of the downside of the refinancing, length of the refinancing instrument, the City's exposure risk, and what the cap can go to after five years. Council Member McGeorge agreed with Council Member Anderson's opinion. Mayor Kehoe noted that the consensus of Council is to proceed cautiously and that further information would be helpful. MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, directing staff to proceed with proposed debt restructuring, including the purchase of interest rate caps to mitigate variable interest rate risk, and return at later dates for Council approval of the final form of the restructuring and of the bond documents. The Vote: Unanimous Ayes MONTHLY FINANCIAL REPORT - Electric Utility (B-130-070) Electric Utility Director Feider provided an overview of the Report to City Council dated September 28, 1998, incorporated herein by reference, regarding the Electric Utility's Monthly Financial Report for August 1998. Retail power sales revenue through August 1998 is 1.5%, or $220,770, below projections, and wholesale power sales to date are 43.9% or $2,089,617, above projections. Total operating revenue is 11% or $2,133,101, above plan, and operating revenue after energy costs is 11.4% or $971,974 above projections. Mr. Feider advised that the total cost of electricity through August 1998 is $779,043 above projections. The Utility's earnings before interest, depreciation, and amortization were $1,257,499, above the projected year-to-date level. The current outstanding balance for the Debt Reduction Program is $156.8 million. It is the recommendation of staff that the report be accepted as presented. MOTION: Made by Council Member Kight, seconded by Council Member Anderson, to accept the Electric Utility's Monthly Financial Report and the Electric Utility Industry Activities Update for August 1998 as presented. The Vote: Unanimous Ayes PUBLIC HEARING- Local Law Enforcement Block Grant Funds (G-100-070, B-130-070, & P-150-150) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing re acceptance of Local Law Enforcement Block Grant Funds. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing City Clerk Strohmayer advised that no written protests were received. Police Captain Byard provided an overview of the Report to City Council dated September 15, 1998, relating to the acceptance of Local Law Enforcement Block Grant funds. City Council approved the application for the Block Grant funding on July 20, 1998, of$135,392, and this program requires a City match of$15,044. It is the recommendation of staff to appropriate $150,436 for the Local Law Enforcement Block Grant and(2)accept $135,392 in grant revenue. The program guidelines require that funds be used in one of seven purpose areas with the intent of reducing crime and improving 10/06/98 275 public safety. The department is proposing $130,000 of the available funding be used for AS/400 programmer time, to ensure public safety information systems are Year 2000 compliant; $8,300 for training and equipment in the Field Operations Division; and $12,100 for Investigations Division surveillance equipment. Mayor Kehoe determined there were no individuals present wishing to address this matter and closed the public hearing. MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, that Resolution No. 98-143 be adopted, a resolution of the City Council of the City of Redding approving and adopting the Fifth Amendment to City Budget Resolution No. 98-92 (1) appropriating $150,436 for the Local Law Enforcement Block Grant, (2) accepting $135,392 in grant revenue from the United States Department of Justice, which requires a $15,044 cash match from the General Fund, and (3) approving the Department's proposed plan for utilization of said funds. 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. 98-143 is on file in the office of the City Clerk. PUBLIC HEARING - Resolution re Citizens Option for Public Safety Fund Proposal (G-100-170, B-130-070, & P-150-150) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing re Citizens Option for Public Safety Fund proposal. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing City Clerk Strohmayer advised that no written protests were received. Captain Byard provided an overview of the Report to City Council dated September 18, 1998, relating to the state Citizens Option for Public Safety program. It is the recommendation of staff that the City Council appropriate the Citizens Option for Public Safety funding in the amount of$177,065 and accept the funds in grant revenue. It is further recommended that funds be committed as follows: • $60,000 for personnel costs of providing two officers for an additional six months on the Downtown Revitalization Project. • $45,065 to augment the rolling stock replacement fund for replacing patrol units. • $20,000 to purchase a van-type vehicle to assist in crime scene security and investigations. • $37,000 for the purchase of additional mobile data devices not covered under the COPS More grant. • $5,300 for the purchase of a digital image capture station. • $2,500 to purchase a video projection system. • $700 for a television in the Investigations Division for training purposes. • $2,500 for a personal computer for the Management Analyst assigned as Project Manager for various information systems. • $4,000 for a high-speed, wide-format printer to replace a printer that recently failed. Council Member Cibula queried the cost of $5,300 for a digital image capture system. Captain Byard stated this system would allow the police department to download, store, and reproduce images of various offenders. Council Member Cibula requested that other 10/06/98 276 possibilities for this information be explored. He also congratulated the police department on receiving the grant, and stated that he would like a portion of the funds used to hire more police officers. Mayor Kehoe noted that the funding is to supplement rather than supplant any existing law enforcement services, and inquired whether purchasing a new printer or augmenting the rolling stock replacement fund were appropriate uses of the grant. Captain Byard explained that funds are not currently budgeted for those items. He defined supplanting as taking items from the budget and using the funds elsewhere. City Manager Warren observed that each item proposed for funding appeared on the list of the Police Department's unmet needs approved by Council. Mayor Kehoe determined there was no one else present wishing to address this matter and closed the public hearing. MOTION: Made by Council Member Cibula, seconded by Council Member McGeorge, that Resolution No. 98-144 be adopted, a resolution of the City Council of the City of Redding approving and adopting the Sixth Amendment to City Budget Resolution No. 98-92 (1) appropriating $177,065 for the Citizens Option for Public Safety Grant and (2) accepting $177,065 in grant revenue and approving the Department's spending plan for said funds. 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. 98-144 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-15-96 on Property Located West and Generally Southwest of Mary Lake Park and North of Placer Street, by Mary Lake Development and the City of Redding (L-010-230) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing re Rezoning Application RZ-15-96. The following documents are on file in the office of the City Clerk: Affidavit of Mailing -Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated September 8, 1998 City Clerk Strohmayer advised that no written protests were received. Development Services Director Swanson provided an overview of the Report to City Council dated September 18, 1998, incorporated herein by reference, regarding Rezoning Application RZ-15-96 on property located west and generally southwest of Mary Lake Park and North of Placer Street from "U" Unclassified District" to "R-1," "R-l-B10," and "R-1-B15" Single Family Residential Districts; "OS" Open Space District; and "OS-1" Open Space Combining District. The rezoning was initiated by Mary Lake Development to subdivide the property in Units 12 and 13, directly adjacent to the lake in Units 12 and 13. At its meeting of September 8, 1998, the Planning Commission recommended that the City Council approve the rezoning request. It is the recommendation of the Development Services Director that the City Council approve Rezoning Application RZ-15-96, approve the negative declaration, and waive full reading of the ordinance. 10/06/98 277 Mayor Kehoe determined there was no one present wishing to address this matter and closed the public hearing. Noting that the area includes the prezoning of a six-acre parcel which lies within Shasta County's jurisdiction and a separate annexation request has been filed for this property, Mayor Kehoe recalled a joint study with Shasta County a year ago revealed that residential annexations proved to be costly. City Manager Warren stated that the City would likely break even. He concluded that this type of annexation was logical, and did not feel the City would set a precedent in that regard. MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, that Council approve the rezoning application as recommended, and make the following findings regarding RZ-15-96: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California; and approve the Negative Declaration authorized by the Department of Development Services. The Vote: Unanimous Ayes Council Member McGeorge offered Ordinance No. 2230 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ- 15-96). MOTION: Made by Council Member McGeorge, seconded by Council Member Anderson, that the full reading of Ordinance No. 2230 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes PUBLIC HEARING - re Amendments to Redding Municipal Code Section 11.24.070 - Commercial Vehicles/Trailers in or Adjacent to Residential and Unclassified Districts, and Redding Municipal Code Section 9.10.030 - Blighted Property (P-030-250) The hour of 7:00 p.m. having arrived, Mayor Kehoe opened the public hearing re amendments to Redding Municipal Code Section 11.24.070 and Section 9.10.030. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing City Clerk Strohmayer advised that several telephone calls and written letters of support and protest were received. Chief of Police Blankenship provided a brief history of the ordinance and introduced Police Lieutenant Moty. Lieutenant Moty provided an overview of the Report to City Council dated September 18, 1998, incorporated herein by reference, regarding amending Redding Municipal Code Section 11.24.070 and Section 9.10.030 relating to the parking of commercial vehicles/trailers, to provide clear definitions of commercial vehicles/trailers, clarify enforcement issues, and resolve conflicts with the property blight ordinance. There have been differing opinions regarding residential districts and areas classified by the General Plan as "Residential," and the City has received an increased number of complaints regarding commercial vehicles parking on arterial roadways. The proposed ordinance modifies the existing code section as follows: 10/06/98 278 • Residential districts are redefined to include unclassified districts designated by the General Plan as "Residential." • Streets in or adjacent to residential areas will be included in the "Residential" classification. • Commercial vehicles/trailers are clearly defined. • The allowable weight limit is lowered from 11,000 pounds to 10,000 pounds and reduces the allowable length from 30 feet to 25 feet for commercial vehicles/trailers. • Clarifies that the parking of recreational vehicles is not prohibited in residential areas. • Amends Redding Municipal Code Section 9.10.030 to eliminate conflicting language 111 concerning large vehicles and trailers. It is the recommendation of Redding Police Department, Public Works Department, and Development Services staff that the City Council approve amending Redding Municipal Code Section 11.24.070 and Section 9.10.030 as proposed. Police Lieutenant Moty gave an overhead slide presentation, incorporated herein by reference, including a time-line history of the ordinance, the proposed changes, and sample maps of areas where truck parking is available for clarification. In response to Council Member Cibula, Lieutenant Moty stated there remains adequate parking to accommodate commercial vehicle drivers. Director of Public Works August agreed that there is ample parking available, but that it is an issue of convenience in that drivers prefer to park near their homes. He explained that the City will sign residential areas, indicating that commercial vehicle parking is prohibited. Council Member Cibula surmised that the term "adjacent to" in the ordinance would prove confusing. Lieutenant Moty explained that those "problem" areas would be posted prior to enforcement of the ordinance. He said that rather than identifying and posting each street, signage should be managed within the existing budget, targeting problem areas first and then posting all residential streets over a period of time. Lori Johns, 1401 Alrose Lane#12, stated that three basic issues are at hand - safety, property blight, and noise pollution. She related that while trucks are inspected frequently, cars and recreational vehicles are not, and what constitutes property blight and noise pollution is a matter of opinion. Ms. Johns advised that should Redding not allow commercial vehicle parking, Redding would be known as "unfriendly" in the trucking industry. She recommended that trucks be allowed to park in residential side yards and through streets. George Edgerton, 8792 Glendive Lane, of the California Trucking Association, commented that a site for legal commercial vehicle parking, perhaps developed by private industry, needs to be identified. He mentioned that the Travel Center on Knighton Road was usually at capacity. Mr. Edgerton indicated that the ordinance wording was broad and signage in all areas would be difficult, and suggested modifying the ordinance, allowing staff to evaluate each problem area and post appropriately. He opined that the City has moved too quickly on this ordinance, and recommended that trucks be allowed to park on private property in a residential neighborhood if the owner has properly screened the area from the neighbors' view. Marjy Cantrell, P.O. Box 991063, expressed concern that commercial truck drivers had not been notified of this process or allowed input sooner. She related that it is quite expensive to own and operate a truck in California, and that the truck industry brings in sizable gross revenue. Ms. Cantrell stated that commercial truck parking is prohibited on many thoroughfares, making it difficult for oversize-load trucks to meet required pilot cars to travel 10/06/98 279 on Highways 299 and 44. She concluded that the ordinance needs more consideration and input from the trucking industry. Clarence Farrell, 1560 Dana Drive, a member of the Independent Truckers Association, remarked that in his experience, cities which prohibit commercial truck parking in residential areas do not maintain adequate posting. He contended that there are inadequate parking facilities in the city for trucks. David Guglielmetti, 263 Woodhill Drive, commented that Redding's location on the I-5 Corridor provides many transportation employment opportunities. He felt that the wording of the ordinance is broad and potentially confusing. He said that the manager of Travel Centers of America on Knighton Road advised there are 145 parking spaces at the Knighton Road Travel Center and more could not be accommodated, particularly when the local trucker is merely parking instead of purchasing goods. Mr. Guglielmetti agreed that signage in problem areas is necessary, and the funding from truck revenues should be taken into consideration when making this decision. He mentioned that some owner-operators of commercial vehicles had taken the time and expense to construct parking areas in their side or back yards, complete with cement pad and concealment. Stafford Denison, 858 Manchester Drive, stated that his truck and average load is quite valuable. He believes that his neighbors do not object to his truck being parked in his driveway, and the only damage done to Manchester Drive is due to City garbage trucks. He stated that each residential area should be individually evaluated. Robert E. Lee, 1795 Kenyon Drive, commented that there is a need for a "citizens on patrol" in Redding to be the eyes and ears of the Police Department. Audrey Wallred stated that compared to the City's population, the number of complaints the Police Department has received is small. Mayor Kehoe determined there was no one else present wishing to address this matter and closed the public hearing. Chief of Police Blankenship noted the absence of persons who have voiced opinion against commercial vehicles parking in residential districts. He displayed a map indicating available land where a private entrepreneur could develop truck parking areas. He stated that the Police Department will work with Council and the public on reaching a consensus. Mayor Kehoe suggested that the City work proactively with the community to reach an agreement, and in the absence of private development, perhaps entertain the idea of making City land available for truck parking. Council Member Cibula said that the wording in the ordinance, stating roadways "adjacent to any residential district," is vague, in that such a roadway may meander into areas of different zoning. City Attorney Wingate defined the term "adjacent to any residential district" as that portion of any roadway next to a residentially zoned area. He specified that while the vehicle code requires any such street be signed, it is not required if the vehicle code's designation of a residential district is used. He stated that signage along with a specific definition would alleviate confusion. In response to Council Member Cibula, Mr. August contended that it is necessary to use a definition which takes all streets into account rather than listing every section of a street with a description. 10/06/98 280 Chief Blankenship noted that there are a few areas about which complaints are logged regularly, and the City should sign there first. Mr. Wingate proposed that the ordinance could be drafted authorizing the Director of Public Works to make specific street designations subject to review of the City Council. Council Member McGeorge related that laws and ordinances are for the management of the few who disregard common sense practices. He agreed with the idea of pursuing the development of a joint venture for commercial vehicle parking. Council Member Cibula stated that he supported looking into a joint venture to provide truck parking. He inquired whether those drivers who had constructed parking areas in their yards could be allowed to continue. Development Services Director Swanson pointed out that the zoning ordinance has prohibited commercial vehicle parking in residential neighborhoods; therefore, these private parking lots have been in violation of the ordinance. In response to Mayor Kehoe, City Manager Warren indicated that it would be possible for the trucking industry to establish a hotline for commercial vehicle drivers to learn where parking is allowed or prohibited. Council Member Anderson reintroduced 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, and amending Subsection G of Section 9.10.030, property blight; and the City may assist private industry in establishing a commercial vehicle parking area. MOTION: Made by Council Member Anderson, seconded by Council Member Kight, that the full reading of Ordinance No. 2213 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes DISPOSITION OF CITY-OWNED PROPERTY-Fire Station No. 2 Located at 3485 Placer Street (C-070--zi.e& C-050-275-020) The Assistant City Manager provided an overview of the Report to City Council dated October 1, 1998, relating to the disposition of property at 3485 Placer Street, Fire Station No. 2. A report submitted to the City Council in February 1998 noted a fair market value of $550,000, and a cost of $702,500 to build a replacement station further south on Buenaventura Boulevard. The question has been recently raised as to appropriate uses of the property and whether it should be sold, and staff was directed to submit a report for Council's consideration. It is the recommendation of staff to maintain the property for sale for not less than $750,000 in 1998 and $770,000 in 1999, or exchange the property for a new fire station on Buenaventura Boulevard plus additional cash of not less than $70,000; to not establish any use restrictions, as the land use guide of the City is its General Plan and zoning; apply a deed restriction to require architectural review and extend this restriction to surplus properties on the west side of Airpark Drive and the west side of Buenaventura Boulevard; and authorize staff to practice time management and reject any lesser offers. In response to Council Member Kight, Mr. Perry advised that architectural review would be appropriate in key areas, and that the General Plan does not call for city-wide architectural review, but does set the framework. 10/06/98 281 Development Services Director Swanson remarked that an area such as this, sharing proximity with a well-designed neighborhood center, would be a good candidate for architectural review. Council Member Anderson voiced his opposition to architectural review except in extraordinary circumstances, relating that it places restrictions on property because of the attractiveness of surrounding development. Council Member Cibula explained that the scope of design review being discussed only applies to City-owned property and is one method for the City to affect its development without encroaching on property rights. He suggested putting out requests for proposals for marketable surplus City-owned property so that development and its effect on the surroundings are considered rather than price being the only factor. Council Member Cibula favored the concept of architectural review and staff's recommendation to require it on this property and the propertys on the west side of Airpark Drive and the west side of Buenaventura Boulevard. MOTION: Made by Council Member Anderson, seconded by Council Member Kight, that staff maintain the property for sale for not less than $750,000 in 1998 and $770,000 in 1999, or exchange the property for a new fire station on Buenaventura Boulevard plus additional cash of not less than $70,000; to not establish use restrictions; and authorize staff to practice time management and reject any lesser offers. The requirement for architectural review was excepted. Voting was as follows: Ayes: Council Members - Anderson, Kight, McGeorge and Kehoe Noes: Council Members - Cibula Absent: Council Members - None Abstain: Council Members - None MONTHLY FINANCIAL REPORT - General Fund (B-130-070) Finance Officer Strong highlighted the Report to City Council dated September 10, 1998, incorporated herein by reference, concerning the General Fund's Monthly Financial Report for August 1998. Total revenue to date is $5.2 million, or $257,010 (5.1 percent) above staffs original cash flow estimate. Expenditures to date total $6,567,190 or $830,462 (11.3 percent) below staff's original cash flow projection. It is the recommendation of staff that the City Council accept the Monthly Financial Report for August 1998. MOTION: Made by Council Member Anderson, seconded by Council Member McGeorge, to accept the General Fund's Monthly Financial Report for August 1998. The Vote: Unanimous Ayes RESOLUTION - Approving Grant Agreement with Office of Traffic Safety (OTS) (G-100-170-700) and RESOLUTION - Appropriating Office of Traffic Safety Grant Funds (G-100-170-700 & B-130-070) It is the Public Works Director's recommendation that the City Council authorize the City Manager to execute the grant funding agreement with OTS for a Pedestrian and Bicycle Safety Program over a two-year period. The program will focus primarily on reducing the number of fatalities for pedestrian and bicyclists through education, enforcement of existing pedestrian and bicycle rights of way, and detection and apprehension of DUI drivers in those areas of high pedestrian and vehicle traffic. Council Member Cibula requested this item be moved to the regular agenda. He asked for a stipulation that a portion of the funds be designated for signage encouraging cooperation 10/06/98 282 between motorists and bicyclists, and perhaps contacting some bicyclist groups for suggestions. Public Works Director August indicated that this would be done. MOTION: Made by Council Member Cibula, seconded by Council Member Anderson, that the City Council authorize the City Manager to execute the agreement for funding with OTS; that Resolution No. 98-145 be adopted, a resolution of the City Council of the City of Redding authorizing entering into State of California Traffic Safety Project Agreement No. PS9911 for the Pedestrian and Bicycle Safety Program in the amount of$73,000 for the period October 1, 1998, through December 31, 2000; and directed staff to encourage cooperation between motorists and bicyclists. MOTION: Made by Council Member Cibula that Resolution No. 98-146 be adopted, a resolution of the City Council of the City of Redding approving and adopting the Seventh Amendment to City Budget Resolution No. 98-92 (1) appropriating $73,000 for the Office of Traffic Safety grant, and (2) accepting $73,000 in grant revenue; and directed staff to encourage cooperation between motorists and bicyclists. 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. 98-145 and 98-146 are on file in the office of the City Clerk. ORAL COMMUNICATIONS - Request by Carl Arness to Speak (P-100-320 & A-050-0130) Carl Arness, 2216 Oakridge Drive, related to the City Council his concerns regarding the City Manager's and employees' pay and benefit package. Mr. Arness compared the City's benefit package to the private sector and noted that none had the security, pay schedules, and benefits afforded City employees. He stated that the public sector is concerned with the need of street maintenance, latent increases in public services, public safety needs, and numerous objective and subjective comments dealing with spending. Mr. Arness added that, as a prior employee of the City, he was the recipient of the City's pay and benefit package. He questioned if there should be a cap on that part of the general fund income that is applied to employee compensation and recommended that Council address that issue. Mayor Kehoe polled the City Council to determine if a member wished to consider this matter; no action was taken. ORAL COMMUNICATIONS - Letter from David Lonich (A-170-050-750) David Lonich, CEO of Blackpointe Homes, submitted a letter requesting that the City Council reconsider its action of September 1, 1998, where a request to refund existing bonds issued with respect to Tierra Oaks Assessment District 1993-1 was not approved. Mayor Kehoe polled the City Council to determine if a member wished to reconsider previous action; no action was taken. CLOSED SESSION Mayor Kehoe announced that Council will adjourn to closed session to discuss the following: 10/06/98 283 Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Sale of City property located at Redding Airport Business Park, Lot 17 Negotiating parties: Jerry Swanson, and E. Robert Meissner Under negotiation: Price & terms (C-070-200) Closed session pursuant to California Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Gary L. Finley, et al. Vs. City of Redding, et al., Shasta County Superior Court Case No. 1336633 (L-100) Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Offer to exchange property located adjacent to Redding Airport Business Park (Assessor's Parcels Nos. 054-320-04, 056-010-14, 054-310-02 & 06, 055- 130-15)for City property located at Knighton Road & I-5 (Assessor's Parcel No. 055-250-15) Negotiating parties: Paul Hiller and Brian Burk Under negotiation: Price & terms (C-070-200 & C-070-00) Closed session pursuant to California Government Code Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATOR Offer to exchange property located on Airport Road (Assessor's Parcel No. 054-210-36)for City property located at the Redding Airport Business Park Negotiating parties: Paul Hiller and Eric Batten of Shasta Enterprises Under negotiation: Price & terms (C-070-200 & C-070-40) At the hour of 9:41 p.m., Mayor Kehoe adjourned the regular meeting to closed session. At the hour of 10:40 p.m., Mayor Kehoe reconvened the meeting to regular session. No action was taken. ADJOURNMENT There being no further business, at the hour of 10:40 p.m., Mayor Kehoe declared the meeting adjourned. APPROVED Mayor ATTEST: City Clerk 10/06/98