HomeMy WebLinkAboutMinutes - City Council - 1999-06-01 129
City Council, Regular Meeting
Council Chambers
1313 California Street
Redding, California
June 1, 1999, 7:00 p.m.
The Pledge of Allegiance to the Flag was led by Council Member Kight.
The Invocation was offered by Chaplain Kevin O'Neal of the Redding Police Department.
The meeting was called to order at 7:00 p.m. by Mayor Anderson with the following Council
Members present: Cibula, Kight, Pohlmeyer, and McGeorge.
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, Fire Chief Wagner,
Support Services Director Kersten, Finance Officer Strong, Administrative Services Director
Bachman, Assistant City Attorney Tranberg, Solid Waste Manager Miralles, Senior Planner
Hanson, Senior Planner Morgon, Personnel Analyst Neimer, City Clerk Strohmayer, Assistant
City Clerk Moscatello, and Executive Secretary Miller.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Minutes - Special Meeting of April 27, 1999, and Regular Meeting of May 18,
1999.
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register No. 22, check numbers 268402 through
268820 inclusive, in the amount of$2,498,829.38, for the period May 18 through May 27,
1999, be approved and paid, and Payroll Register No. 22, check numbers 460904 through
461282 inclusive, and electronic deposit transaction numbers 61843 through 62361, in the
amount of$1,460,529.78, for the period May 2 through May 15, 1999, be approved.
TOTAL: $3,959,359.16
Treasurer's Report - April 1999
(A-050-100-600)
Total Treasurer's Accountability - $103,979,348.88
Total City of Redding Funds, Funds Held in
Trust, and Funds of Related Entities - $158,896,769.00
ACR133 and Cash Reconciliation Report - April 1999
(F-205-095-650)
It is the recommendation of the Deputy City Manager that the ACR133 Report and the Proof
of Cash Reconciliation for April 1999 be accepted.
ORDINANCE NO. 2245 -re Rezoning Application RZ-1-99, by David Yorton, 3937 Teton
Drive
(L-010-230)
It is recommended that Ordinance No. 2245 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 (RZ-1-99).
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ORDINANCE NO. 2246 - re 1998 California Building Codes
(C-110-200)
It is recommended that Ordinance No. 2246 be adopted, an ordinance of the City Council of
the City of Redding amending the Redding Municipal Code by adding Chapters 14.22 and
14.24 to Title 14 (Utilities) and revising Title 16 (Buildings and Construction).
ORDINANCE NO. 2247 - re Water Service Rate Adjustment
(W-030-400)
It is recommended that Ordinance No. 2247 be adopted, an ordinance of the City of Redding
amending portions of Redding Municipal Code Chapter 14.08, Water, adjusting water service
rates.
ORDINANCE NO. 2248 - re Wastewater Rate Adjustment
(W-020-590)
It is recommended that Ordinance No. 2248 be adopted, an ordinance of the City of Redding
amending portions of Redding Municipal Code Section 14.16.240 (Sewer Service Charges)
of Title 14 (Utilities).
Bu'get Hearing Update
(B-130-070)
The City Manager recommended that a budget hearing to consider the 1990/2000 and
2000/2001 BiAnnual Budget be set for Monday, June 21, 1999, at 3:00 p.m. in Conference
Room A at City Hall, 760 Parkview.
Property Status Report
(C-070)
It is the recommendation of the Assistant City Manager that City Council accept the Property
Status Report as of May 1999, 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.
Cable Rate Regulation
(T-040-050)
It is the recommendation of the Assistant City Manager that City Council not exercise its
option to regulate basic cable rates with regard to Falcon Cable's proposed rate increase of
July 20, 1999. The bulk of the increase is for service not subject to local review.
Acquisition of Property Adjacent to the Transfer Station on Abernathy Lane
(C-070-010, S-020-650)
It is the recommendation of the Assistant City Manager that staff be authorized to pursue
acquisition of Alven Arbuckle's property adjacent to the transfer station for up to $52,000
including title and escrow fees, and to consider purchasing Jerry and Helen Kelley's property
at 9787 Abernathy Lane in the future if they indicate an interest in selling.
Downpayment Assistance Program Policy Modifications
(R-030-100-040)
It is the recommendation of the Deputy City Manager that City Council adopt changes to the
Downpayment Assistance Program(DAP)Policy clarifying language and adding components
necessary to improve the effectiveness of the program and protect the City's investment in
DAP properties.
Recommendation to Support Assembly Bill 1555 (Longville)
(C-070-010)
It is the recommendation of the Deputy City Manager that City Council support Assembly Bill
1555 regarding streamlining the process for annexing unincorporated islands within cities by
reestablishing an exemption from the annexation protest process for a seven-year period and
ask the author to consider including unincorporated peninsulas.
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Offer to Sell Land to the City - 2980 Shasta View Drive, by Darrell and Shelly Hunter
(C-070-010)
It is the recommendation of the Assistant City Manager that City Council decline the offer of
Darrell and Shelly Hunter to purchase property at 2980 Shasta View Drive as there is no
public purpose for the acquisition at this time.
Purchasing System Transaction Listing - First Quarter 1999
(B-050-100)
It is the recommendation of the Support Services Director that City Council accept the
purchasing system transaction listing of purchases between $5,000 and $100,000 for January
1 through March 31, 1999.
First Amendments to Lease and Permit for Commercial Activities with Hillside Aviation. Inc.,
for Facilities at Benton Airpark
(C-070-100, A-090-020)
It is the recommendation of the Development Services Director that City Council approve the
First Amendment to Lease and First Amendment to Permit for Commercial Activities with
Hillside Aviation, Inc., reflecting required insurance modifications and providing for an
additional ten-year option to extend the lease until January 2025.
Recommendation to Support Assembly Bill AB 18
(L-040-300)
It is the recommendation of the Community Services Director that City Council authorize the
Mayor to sign a letter of support for Assembly Bill AB18, the Villaraigosa-Keeley Urban
Parks, Clean Water and Coastal Protection Bond Act of 2000. This bond act would authorize
the sale of$1.5 billion in general obligation bonds for funding park, recreation, cultural,
historical, and wildlife as well as coastal resources, and would allow the City to compete for
funds for park facilities, boat ramp rehabilitation, trail construction/rehabilitation, museums,
and youth soccer facilities.
Annual Report of the Redding Fire Department for 1997/1998
(A-050-100, P-150-070)
It is the recommendation of the Fire Chief that City Council accept the 1997/1998 Annual
Report of the Fire Department as presented.
MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, that
all the foregoing items on the Consent Calendar be approved and adopted as recommended.
Voting was as follows:
Ayes: Council Members - Cibula, Kight, McGeorge, Pohlmeyer, and Anderson
Noes: Council Members - None
Absent: Council Members -None
Abstain: Council Members -None
Ordinance Nos. 2245, 2246, 2247, and 2248 are on file in the office of the City Clerk.
LARGE SELF-HAUL LOADS AT THE SOLID WASTE TRANSFER STATION
(S-020-500)
Assistant City Manager Perry provided an overview of the Report to City Council dated May
24, 1999, relating to large self-haul loads delivered to the transfer station. He advised that
the cost to handle self-haul waste is about $54 per ton and that the current charge to
customers is below that of service. Mr. Perry recounted that the City's goals were for
customers to pay for the cost of service to process large loads after five years and to reduce
the volume of waste processed by the transfer station by diverting large loads to the landfill.
He said construction companies have found bringing large loads to the transfer station is less
expensive than going to the landfill, and the increased work load has necessitated overtime
as well as pressure to hire more drivers and purchase transfer trucks sooner than planned.
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Mr. Perry noted that a contractor suggested the transfer station continue to accept large loads
at a charge equal to the City's cost as it is preferable to pay the fee rather than spend time
driving to the landfill. Mr. Perry indicated that the charge would be at the rate of$54 per ton,
increasing $1 each year until 2003 for inflation and projected tipping fee increases.
It is the recommendation of the Assistant City Manager that City Council authorize staff to
divert large self-haul loads directly to the landfill. Alternatively, should Council choose to
allow large self-haul loads at the cost of service, it is recommended staff be directed to
prepare an amending resolution setting a higher load threshold or eliminating the load
threshold and setting a rate for large loads over two tons or five cubic yards.
In response to Mayor Anderson, Mr. Perry predicted that the increased rate will cause some
customers to go directly to the landfill while others will choose to use the transfer station.
Mayor Anderson pointed out that it would be more accommodating to the customer for the
City to provide self-haul service, although he said it is important that the cost is recovered.
Mr. Perry explained to Council Member Cibula that the true cost of handling the large self-
haul loads is related to employee time as it necessitates an extra trip per day to the landfill.
Mr. Perry indicated that a proposal has been included in the budget for a new driver in order
to manage cost and prevent overtime.
Council Member McGeorge commented that the convenience and time saved may well be
worth the additional cost to contractors to use the transfer station rather than travel to the
landfill.
City Manager Warren mentioned that fees for loads under five yards will remain the same, but
the rate for loads over five yards will be increased to the City's cost. The concern, he said,
is that the transfer station will have to hire another employee to accommodate this service.
In response to Council Member Kight, Mr. Perry said that while few large self-haul loads are
brought to the transfer facility in the winter, there are approximately three to four a day
during the summertime. He opined that some contractors will choose to use the landfill
because the tipping fee is lower but customers will have a choice. With regard to hiring an
extra employee, he explained that the transfer station is short-staffed, and the new position
will be utilized to accommodate the self-haul loads, minimize overtime, and allow time for
preventative maintenance.
In response to Council Member Cibula, Mr. Perry emphasized that the rate increase is
recommended to cover the cost of handling and transferring waste as well as overtime related
to hauling the large loads. It is not to pay for hiring an extra employee.
Council Member Kight conveyed that large self-haul load service should be available to the
customer, and that rates should be adjusted for the City to recover its cost.
MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, that
staff be directed to return with an amending resolution allowing continued acceptance of large
self-haul loads at the transfer facility at a rate of$54 per ton, adjusted minimally each year for
inflation and projected tipping fee increases. The Vote: Unanimous Ayes
Mr. Perry stated that the transfer station will resume this service as soon as the push walls are
repaired.
ORDINANCE - re Dining on Public Walkways in the Downtown Central Business District
(S-070)
Deputy City Manager Starman provided an overview of the Report to City Council dated
May 24, 1999, relating to a proposed ordinance which would authorize sidewalk dining on
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public walkways in the Downtown Central Business District. He conveyed that minor
amendments to other sections of the Redding Municipal Code are necessary to ensure
conformity with the proposed ordinance. Mr. Starman indicated that the proposal seeks to
encourage outdoor dining in the core area of Downtown while ensuring safe access on public
walkways and protecting the rights of adjoining property and business owners. He noted that
alcohol will be allowed to be served in the outdoor dining areas with a valid on-sale license.
It is the recommendation of the Deputy City Manager that City Council offer the ordinance
for first reading authorizing sidewalk dining on public walkways in the Downtown Central
Business District, and waive full reading of the ordinance. Additionally, it is recommended
that the City Clerk be authorized to publish a summary of the ordinance per Government
Code Section 36933.
Council Member Cibula offered Ordinance No. 2249 for first reading, an ordinance of the
City of Redding adding Chapter 13.25 (Sidewalk Dining on Public Walkways) to the Redding
Municipal Code authorizing sidewalk dining on public walkways in the Downtown Central
Business District, and amending Sections 10.25.010 (Alcoholic Beverages in Public Places)
and 13.24.010 (Obstruction of Streets and Sidewalks).
MOTION: Made by Council Member Cibula, seconded by Council Member Pohlmeyer, that
the full reading of Ordinance No. 2249 be waived and the City Attorney be instructed to read
the full title. The Vote: Unanimous Ayes
MONTHLY FINANCIAL REPORT and
INDUSTRY ACTIVITIES UPDATE - Electric Utility
(B-130-070)
Electric Utility Director Feider provided an overview of the Report to City Council dated
May 21, 1999, incorporated herein by reference, regarding the Electric Utility's Monthly
Financial Report for April 1999 as well as the Industry Activities Update. Retail power sales
revenue through April 1999 is 1.3%, or $758,949, above projections, and wholesale power
sales to date are 19.0%, or$4,721,478, above projections. Total operating revenue is 8.8%,
or$7,359,833, above plan, and operating revenue after energy costs is 16.6%, or $5,544,339,
above projections.
Mr. Feider advised that the total cost of electricity through April 1999 was $1,815,494 above
projections, and total operating expenses were $776,555, or 10.3%, below budget. The
Utility's earnings before interest, depreciation, and amortization were 24.4%, or $6,320,894,
above the projected year-to-date-level. The current outstanding balance for the Debt
Reduction Program is $135.5 million.
Mr. Feider also furnished a brief summary of the Electric Utility Industry Activities Update
relating to three topics: 1)The debate surrounding the sale/transfer of Pacific, Gas& Electric
Company's hydroelectric facilities, 2) Senator Steve Peace's proposed reorganization of State
Energy Regulatory agencies, and 3) Congressman Wally Herger's support of the Bond
Fairness and Protection Act.
It is the recommendation of staff that the reports be accepted as presented.
Council Member Kight thanked Mr. Feider for his efforts, Congressman Herger for
supporting the Bond Fairness and Protection Act, and Council Member Cibula for his related
visit to Washington, D.C.
MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, to
accept the Electric Utility's Monthly Financial Report for April 1999 and the Electric Utility
Industry Activities Update as presented. The Vote: Unanimous Ayes
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ORDINANCE - re Prohibited Uses on the Sacramento River Trail
(P-050-460-700)
Senior Planner Hanson provided an overview of the Report to City Council dated April 23,
1999, relating to the proposed prohibition of in-line skates and skateboards in the area of the
recently approved extension of the Sacramento River Trail from Turtle Bay Arboretum to
Hilltop Drive. He advised that the 3,800-foot trail extension will have an average slope of
7%with one section having a 9%grade. Mr. Hanson indicated that warning signs would not
provide an adequate safety measure due to the length of this section of trail, and staff feels
the adoption of an ordinance would carry a stronger message as it includes the possibility of
a monetary fine.
It is the recommendation of staff that the ordinance be offered for first reading amending
portions of the municipal code relating to restricted uses on the Sacramento River Trail, and
that first reading of the ordinance be waived.
Mr. Hanson explained that the ordinance enables other sections of trail to be posted at a later
date in the event further liabilities are determined to exist.
In response to Council Member Cibula, City Attorney Wingate reported that the ordinance
is designed to protect those traveling up the trail from a skater coming down and protect the
City from liability from people involved in a hazardous activity.
Council Member Cibula asked Mr. Hanson whether he thought common sense would prevent
these activities from being undertaken on this stretch of trail. Mr. Hanson replied that past
lawsuits have indicated otherwise. As far as consistency with the remainder of trail use, one
other section is posted with a warning sign, but skating is not prohibited, he stated.
Council Member Cibula questioned how the ordinance will be enforced. Mr. Hanson
predicted the rules will be self-enforcing and followed by most people, and those disregarding
the signs will likely incur a reaction from other trail users. He explained that the trail grade
could not be reduced due to property restrictions encountered in the extension.
Mayor Anderson commented that other cities have banned skating from all public trails.
Council Member Kight offered Ordinance No. 2250 for first reading, an ordinance of the City
of Redding amending portions of Redding Municipal Code Section 10.21 (Certain Uses
Restricted on the Sacramento River Trail) prohibiting skateboard and in-line skate use on
signed portions of the Sacramento River Trail.
MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, that
the full reading of Ordinance No. 2250 be waived and the City Attorney be instructed to read
the full title. Voting was as follows:
Ayes: Council Members - Kight, McGeorge, Pohlmeyer, and Anderson
Noes: Council Members - Cibula
Absent: Council Members - None
Abstain: Council Members -None
ORDINANCE - re Reserved Public Facilities
(P-050)
Senior Planner Hanson provided an overview of the Report to City Council relating to
reservations for areas of City parks by individuals or groups who complete a facility use
request. He reported that occasionally a group is already occupying the area and refuses to
vacate when the permit holder arrives at the park site. The police are currently unable to take
any action to enforce the reservation permits.
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It is the recommendation of staff that an ordinance be adopted adding a section to the
Redding Municipal Code relating to prohibiting interference with reserved facilities.
In response to Mayor Anderson, Mr. Hanson explained that the sites are posted as being
subject to reservation; however, the department is unable to post each individual reservation
due to a lack of manpower.
Mayor Anderson suggested supplying the party with a reserved sign at the time the
reservation is made which the customer can place at the site. Mr. Hanson said that is a good
idea which the department will implement.
Mr. Wingate advised that the proposed ordinance requires a reservation slip be displayed by
the permit holder.
Council Member Kight offered Ordinance No. 2251 for first reading, an ordinance of the City
of Redding adding Redding Municipal Code Section 10.20.031, Interference with Reserved
Facilities Prohibited, relating to reservation permits for the use of facilities in City parks and
recreation areas.
MOTION: Made by Council Member Kight, seconded by Council Member Cibula, that the
full reading of Ordinance No. 2251 be waived and the City Attorney be instructed to read the
full title. The Vote: Unanimous Ayes
MONTHLY FINANCIAL REPORT - General Fund
(B-130-070)
Administrative Services Director Bachman highlighted the Report to City Council dated May
24, 1999, incorporated herein by reference, concerning the General Fund's Monthly Financial
Report for April 1999. Total revenue to date($29.0 million) is $915,616 (3.2 percent) above
staff's original cash flow estimate. Expenditures to date total $31,890,134, or $1,377,108
(4.2 percent) below staff's original cash flow projection.
It is the recommendation of staff that the City Council accept the Monthly Financial Report
for April 1999.
MOTION: Made by Council Member McGeorge, seconded by Council Member Pohlmeyer,
to accept the General Fund's Monthly Financial Report for April 1999. The Vote:
Unanimous Ayes
ORDINANCE - Changing Date of the Regular General Municipal Election
(E-070-050)
City Clerk Strohmayer provided an overview of the Report to City Council dated May 20,
1999, relating to the City's general municipal election date. At the meeting of May 4, 1999,
City Council directed staff to prepare an ordinance changing the election date to the first
Tuesday in November of even-numbered years, and to consolidate said election with the
statewide general election; therefore, the date of the next general municipal election is
November 7, 2000.
It is the recommendation of the City Clerk that the ordinance be offered for first reading
changing the City's general municipal election date to the first Tuesday in November of even-
numbered years and consolidating with the statewide general election.
Mayor Anderson polled the audience and determined there was no one who wished to address
Council on this matter.
Council Member McGeorge offered Ordinance No. 2252 for first reading, an ordinance of
the City of Redding amending portions of Chapter 2.17, General Municipal Elections,
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consolidating future general municipal elections with the statewide general election beginning
in November 2000.
MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, that
the full reading of Ordinance No. 2252 be waived and the City Attorney be instructed to read
the full title.
Voting was as follows:
Ayes: Council Members - Kight, McGeorge, Pohlmeyer, and Anderson
Noes: Council Members - Cibula
Absent: Council Members -None
Abstain: Council Members - None
RESOLUTION - re Master Agreement and Program Supplements with the State of
California under the State Transportation Improvement Program
(G-100-170-775, S-070-050-250, S-070-050-050)
Public Works Director August provided an overview of the Report to City Council dated May
24, 1999, regarding a proposed Master Agreement with the State for over $15 million in
federal aid projects programmed in the State Transportation Improvement Program (STIP).
He advised that program supplements must be signed for preliminary engineering and
environmental clearance on the Cypress Avenue Bridge approaches and the Parkview Avenue
Bridge in order for the City to receive the federal funding allocated last year during the SB45
process. Mr. August related that future STIP projects will fall under this master agreement,
and each project will have program supplements which will require execution in order to
receive the funding.
It is the recommendation of the Director of Public Works that City Council adopt the
resolution authorizing the execution of the Master Agreement for federal aid projects with
the State of California, and authorizing execution of these and subsequent program
supplements.
MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, that
Resolution No. 99-83 be adopted, a Resolution of the City Council of the City of Redding
approving entering into the following agreements with Caltrans:
1) Administering Agency-State Master Agreement No. 02-5068 for
Federal-Aid projects (Master Agreement);
2) Program Supplement No. M001 for preliminary engineering for the
Parkview Bridge (two-lane roadway and bridge), incorporated into
the Master Agreement; and
3) Program Supplement No. M002 for preliminary engineering to widen
Cypress Avenue Bridge approaches, incorporated into the Master
Agreement;
and authorizing the Director of Public Works to sign all future program supplements as
developed.
Voting was as follows:
Ayes: Council Members - Cibula, Kight, McGeorge, Pohlmeyer, and Anderson
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members -None
Resolution No. 99-83 is on file in the office of the City Clerk.
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ORDINANCE - re City Regulation of Card Rooms
(L-070-030)
City Attorney Wingate provided an overview of the Report to City Council dated May 14,
1999, relating to regulating card rooms within the city. He advised that the State Legislature
adopted the new Gambling Control Act making substantive changes to the state regulations
concerning card rooms. Mr. Wingate said that in order to retain local control over gambling
and card rooms, the City's ordinance must include essential elements such as hours of
operation, patron security, establishment location, wagering limits, and number of gaming
tables in each establishment and jurisdiction.
It is the recommendation of the City Attorney that the ordinance be offered for first reading
adding essential components as required by state law to Redding Municipal Code Chapter 6.4
(Card Rooms).
Council Member Kight offered Ordinance No. 2253 for first reading, an ordinance of the City
of Redding amending portions of Redding Municipal Code Chapter 6.14, Card Rooms,
clarifying the completeness and enforceability of the Code at a local level as required by state
law.
MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, that
the full reading of Ordinance No. 2253 be waived and the City Attorney be instructed to read
the full title. The Vote: Unanimous Ayes
CLOSED SESSION
At the hour of 7:37 p.m., Mayor Anderson announced 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
Russell Wade v. David Kehoe, et al., Shasta County Superior Court Case No. 137663
(L-100)
At the hour of 7:47 p.m., Mayor Anderson reconvened the meeting to regular session. He
stated that no action was taken.
ADJOURNMENT
There being no further business, at the hour of 7:48 p.m., Mayor Anderson declared the
meeting adjourned.
APPROVED
;#:/r'
ayor
ATTEST
dt-pe•ec-L -
City Clerk
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