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HomeMy WebLinkAboutMinutes - City Council - 1999-06-15 138 City Council, Regular Meeting Council Chambers 1313 California Street Redding, California June 15, 1999, 7:00 p.m. The Pledge of Allegiance to the Flag was led by Council Member Cibula. The Invocation was offered by Chaplain Skip Tyler of the Redding Police Department. The meeting was called to order 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, Chief of Police Blankenship, Fire Chief Wagner, Support Services Director Kersten, Administrative Services Director Bachman, Planning Manager Hamilton, Senior Planner Keaney, Assistant Planner Wildauer, Associate Planner Thesken, Public Works Manager Robertson, City Treasurer Clark, Personnel Analyst Niemer, City Clerk Strohmayer, Assistant City Clerk Moscatello, and Executive Secretary Miller. STUDENT INTERNSHIP PROGRAM (A-050-060) Personnel Analyst Niemer provided a brief presentation of the 1999 Spring Student Internship Program. Mayor Anderson introduced the five program participants, and each was presented with a certificate of completion and a City pen. Council Member Cibula complimented the interns on their performance in the program. He congratulated Ms. Niemer as well as Coordinator of Volunteers Anderson for the program's success. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of June 1, 1999 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 23, check numbers 268821 through 269138 inclusive, in the amount of$1,914,722.64, for the period June 1 through June 10, 1999, be approved and paid, and Payroll Register No. 24, check numbers 461283 through 461615 inclusive, and electronic deposit transaction numbers 62362 through 62871, in the amount of$1,469,386.07, for the period May 16 through May 29, 1999, be approved. TOTAL: $3,384,108.71 ORDINANCE NO. 2249 - re Sidewalk Dining on Public Walkways, Alcoholic Beverages in Public Places, and Obstruction of Streets and Sidewalks (S-070, A-110, A-110-100) It is recommended that Ordinance No. 2249 be adopted, an ordinance of the City Council 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). 06/15/99 139 ORDINANCE NO. 2250 - re Skateboard and In-Line Skating on Certain Sections of the Sacramento River Trail (P-050-460-700) It is recommended that Ordinance No. 2250 be adopted, an ordinance of the City Council 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. 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 NO, 2251 - re Interference with Reserved Facilities (P-050) It is recommended that Ordinance No. 2251 be adopted, an ordinance of the City Council 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. ORDINANCE NO. 2252 - re Date of General Municipal Election (E-070-050) It is recommended that Ordinance No. 2252 be adopted, an ordinance of the City Council of the City of Redding amending portions of Chapter 2.17, General Municipal Elections, consolidating future general municipal elections with the statewide general election beginning in November 2000. 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 NO. 2253 - re Card Rooms (L-070-36)030 It is recommended that Ordinance No. 2253 be adopted, an ordinance of the City Council 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. Resolution -Large Self-Haul Loads at the Transfer Facility and Extended Use of Drop Boxes (S-020-500) It is the recommendation of the Assistant City Manager that Resolution No. 99-84 be adopted, a Resolution of the City Council of the City of Redding amending and restating the new Solid Waste Utility rates and charges, effective July 1 of the years 1999 through 2003, as approved at the Council Meeting of June 1, 1999. General Plan Amendment and Rezoning of City-Owned Property on Sonoma Street (G-03 0-010, L-010-230) It is the recommendation of the Assistant City Manager that City Council approve initiation of the rezoning process for City-owned property on Sonoma Street to "Office" per guidelines established by residents in the area outlined in the Report to City Council, allowing consideration of the proposal without committing the City to a decision. Subsequent Public Hearings shall be held by the Planning Commission and City Council. Cooperation Agreement with the Redding Redevelopment Agency (R-030-060) It is the recommendation of the Deputy City Manager that Resolution No. 99-85 be adopted, 06/15/99 140 a Resolution of the City Council of the City of Redding approving Amendment No. 3 to the Cooperation Agreement for staff assistance, insurance coverage, etc., with the Redding Redevelopment Agency and authorizing the extension of said agreement to June 30, 2000. Offer to Dedicate Land South of Rancho Road (C-070-010) It is the recommendation of the Assistant City Manager that City Council approve obtaining department comments, a General Plan consistency determination, and an environmental determination relative to an offer to dedicate roughly 25 acres south of Rancho Road to the City by John Sharrah, on behalf of his clients Dr. William Coad and Dr. Fred Cox. Upon receipt of the determination and comments, staff will resubmit the offer to City Council for a decision along with any conditions for acceptance. Request for Funding of Homeownership Assistance Pilot Program (R-03 0-100-040) It is the recommendation of the Deputy City Manager that City Council approve using up to $110,000 in State of California Home Investment Partnerships Program (HOME) funds for the Homeownership Assistance Pilot Program to assist developmentally disabled households in purchasing homes during the 1999/2000 fiscal year. Award of Bid - Bid Schedule No. 3273, Cardlock Fuel for Fiscal Year 1999-2000 (B-050-100, A-050-150-150) It is the recommendation of the Support Services Director that Bid Schedule No. 3273, Cardlock Fuel for Fiscal Year 1999-2000, be awarded to both Redding Oil and SST Oil, the two lowest responsive bidders, providing an adequate number of cardlock fuel sites at the most favorable cost. Lease of City Property to the Shasta Cascade Rail Preservation Society and Amendment of Lease with Alton O. Shaltham (C-070-100) It is the recommendation of the Support Services Director that City Council approve entering a lease agreement through June 30, 2004, with the Shasta Cascade Rail Preservation Society to store train and railroad equipment and materials on 2.02 acres of City property at no cost for the first five years, and subsequently at a rate based on the fair market value of the property. The property is a portion of approximately 48 acres of city land leased to Alton O. Chatham for pasture use north of and adjacent to the Haven Humane Society; therefore, it is recommended that the lease with Mr. Chatham be amended to reflect a reduction of 2.02 acres. Award of Bid - Bid Schedule No. 3272, Bulk Fuel for Fiscal Year 1999-2000 (B-050-100, A-050-150-150) It is the recommendation of the Support Services Director that Bid Schedule No. 3272, Bulk Fuel for Fiscal Year 1999-2000, be awarded to the lowest bidder at each location, as follows: Interstate Oil for diesel delivered to the Richard W. Curry West Central Landfill, Solid Waste Transfer/Recycling Facility, and Clear Creek Wastewater Treatment Facility, and Porter's Petroleum for diesel delivered to the Stillwater Wastewater Treatment Facility. Participation in the Central Valley Project Power Facilities Fiscal Year 2002 Operation and Maintenance Projects Funding Pursuant to Contract 96-SNR-001100 with Central Valley Project Customers, Western Area Power Administration, and the United States Department of Interior Bureau of Reclamation (E-120-900) It is the recommendation of the Electric Utility Director that City Council commit to supporting Fiscal Year 2002 Operation and Maintenance (O&M) funding for the Central Valley Project Power Facilities in the projected amount of$3,855,893. Major elements of 06/15/99 141 the Preliminary O&M Funding Plan include routine O&M for Shasta Power Plant, nonemergency expenditure for efficiency improvements, and contingency funding for accelerating the return of equipment to service if power revenues are adversely impacted. The projected overall cost of these projects for Fiscal Year 2002 is $3,855,893, with Redding's share being a maximum of$408,000. Award of Bid -Bid Schedule No. 3282, Purchase of 15kV Cable for Fiscal Year 1999-2000 (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 3282, Purchase of 15kV Cable, be awarded to Pirelli Cables and Systems for the specified period of July 1, 1999, to June 30, 2000, in the total evaluated amount of$245,726.70, and that the Purchasing Officer be authorized to extend the contact one year at the same prices, terms, and conditions if deemed prudent at that time. Resolution - re Shasta Interagency Narcotics Task Force Fiscal Year 1999-2000 Budget (B-130-070, P-150-150) It is the recommendation of the Chief of Police that Resolution No. 99-86 be adopted, a Resolution of the City Council of the City of Redding approving the Fiscal Year 1999-2000 Budget for the Shasta Interagency Narcotics Task Force, allowing continued participation in the task force in the amount of$105,400. Funds are made available through the Office of Criminal Justice Planning. Resolution - re Alcohol Beverage Control Department Grant and Resolution - Appropriating Funds (G-100-170, B-130-070) It is the recommendation of the Chief of Police that Resolution No. 99-87 be adopted, a Resolution of the City Council of the City of Redding authorizing the acceptance of a grant in the amount of$69,219 from the California Alcohol Beverage Control Department for educational and enforcement activities related to alcohol violations. It is recommended that Resolution No. 99-88 be adopted, a Resolution of the City of Redding approving and adopting the 23rd Amendment to City Budget Resolution No. 98-92 1) appropriating $68,219 for the alcohol beverage control grant and 2) accepting $68,219 in grant revenue. Senate Bill 739 -re Agency Shop for Supervisory, Confidential, and Management Employees (L-040-300) It is the recommendation of the Administrative Services Department that City Council take a position of opposition to Senate Bill 739 allowing agency shop for supervisory, confidential, and management employees, and causing the same to be mandatory upon a simple majority vote of the union membership. Award of Bid - Bid Schedule No. 3271, Rock and Mineral Products (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 3271, Rock and Mineral Products, be awarded to Crystal Creek Aggregate, Mountain Gate Limestone Quarry, North State Asphalt, J.F. Shea, and Westside Aggregate as the lowest competitive bidders for rock, asphalt, and mineral aggregates, as detailed in the Report to City Council dated June 2, 1999. Resolution Accepting Streets-Acceptance of Improvements for Thunderbird Drive (LS-12- 98), West of the Airport Business Park, by Bill Rhyne (L-010-150, S-070-230) It is the recommendation of the Director of Public Works that Resolution No. 99-89 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Thunderbird Drive (LS-12-98). 06/15/99 142 It is also recommended that City Council accept the improvements on Thunderbird Drive as satisfactorily completed and that the City Clerk be instructed to return the securities to the developer. Acceptance of Final Map - White Hawk Estates, Unit 3 (S-6-95), South of Teton Drive and West of Misty Glen Drive, by Paul Edgren (S-100-108) It is the recommendation of the Director of Public Works that City Council accept the Final Map for White Hawk Estates, Unit 3 (S-6-95), developed by Paul Edgren, authorize the Mayor to sign the subdivision agreement and instruct the City Clerk to file the Map with the Shasta County Recorder. Acceptance of Final Map - Country Heights, Unit 16 - Phase 6 (S-6-95), East of Crescent Moon Drive and the West End of Misty Glen Drive, by Paul Edgren (S-100-108) It is the recommendation of the Director of Public Works that City Council accept the Final Map for Country Heights, Unit 16 - Phase 6 (S-6-95), developed by Paul Edgren, authorize the Mayor to sign the subdivision agreement and instruct the City Clerk to file the Map with the Shasta County Recorder. Wastewater Reclamation Agreement with Sandrock Residual Trust (W-010-850) It is the recommendation of the Director of Public Works that City Council approve the Wastewater Reclamation Agreement with Sandrock Residual Trust in order to reclaim a portion of treated effluent wastewater for agricultural irrigation of farmland owned by the City and Dr. William Sandrock located on the Stillwater Wastewater Treatment Plant property. The terms of the agreement are for five years from the date of execution with a 90- day cancellation clause, and subsequently on a year-to-year basis, and an initial sale price of $10 per acre foot of water with an annual inflation index. MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, 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 - Cibula, Kight, McGeorge, Pohlmeyer, and Anderson Noes: Council Members -None Absent: Council Members - None Abstain: Council Members -None Resolution Nos. 99-84, 99-85, 99-86, 99-87, 99-88, and 99-89, and Ordinance Nos. 2249, 2250, 2251, 2252, and 2253 are on file in the office of the City Clerk. PUBLIC HEARING - re General Plan Amendment GPA-1-99, 807 and 1131 Lema Road, by the McConnell Foundation (G-030-010) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing re General Plan Amendment GPA-1-99 by the McConnell Foundation. 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 April 14, 1999 City Clerk Strohmayer advised that one written protest was received. 06/15/99 143 Development Services Director Swanson advised that contrary to recent information made available to the public, a use permit application for a helipad submitted by the McConnell Foundation is not relative to consideration of the General Plan Amendment, and Council may take no action in that regard. Mr. Swanson stated it is a public misconception that the proposal is a request to rezone "Multiple Family Residential" property, but rather it is a request for an amendment of the General Plan from "Residential, 3.0 Units Per Acre" to "Public or Institutional." Associate Planner Thesken provided an overview of the Report to City Council dated May 24, 1999, incorporated herein by reference, regarding General Plan Amendment GPA-1-99. The Planning Commission recommended adoption of the environmental negative declaration and approval of the General Plan Amendment on two parcels totaling 6.53 acres from "Residential, 3.0 units per acre" to "Public or Institutional," a designation intended for public or quasi-public uses. She said the McConnell Foundation intends to use the property for a covered-storage and equipment-maintenance structure for landscape maintenance vehicles, equipment, and landscape materials. Ms. Thesken indicated that the primary issue is whether the proposed General Plan designation of"Public or Institutional" is appropriate in an area surrounded by residential properties; however, an initial environmental study failed to identify significant adverse impacts which would warrant an environmental impact report. In response to Mayor Anderson, Ms. Thesken advised that, because the property zoning is unclassified, a use permit is required for the maintenance structure. She mentioned that the McConnell Foundation indicated no intention to utilize the property for its current zoning. Jim Fisher, Attorney at Law, 1721 Court Street, contended that the McConnell Foundation was behind the failure of Howard Taylor's rezoning request on nearby Shasta View Drive for relocation of the family's automobile dealership. Whereas the Foundation cited impact on the multiple-family housing element of the General Plan in opposing Mr. Taylor's application, Mr. Fisher submitted that this application for a General Plan Amendment would have the same effect. He reported that consideration for housing is a state-mandated General Plan requirement, which he signified should promote all types of housing. Mr. Fisher concluded that this proposal for what he termed a large "lawnmower shed" will eliminate 20 single- family homes. Manny Ornellas, 5800 Airport Road, opined there is no difference between the McConnell Foundation's General Plan Amendment application and Howard Taylor's request. He indicated that the helipad use permit should be considered with the amendment due to the noise which will affect the surrounding neighborhood. Mr. Ornellas admitted that he • preferred having the McConnell Foundation's presence in Redding, but he questioned the McConnell Foundation's leaders. He cited his stance against more parking lots and subrural development as opposing factors. Mr. Ornellas asserted that the McConnell Foundation is involved in a potential land grab, and he would like answers and accountability. Mayor Anderson explained that Howard Taylor's rezoning/general plan amendment proposal is not related and cannot be compared to the current issue. Furthermore, he commented that Mr. Taylor's request was never considered by the City Council. Mayor Anderson requested that speakers address the General Plan Amendment specifically. George Brkich, 2600 Red Bud Lane, Anderson, asked for a definition of "Public or Institutional" land use designation. Mr. Swanson explained that the term includes hospitals, schools, municipal and other governmental facilities, and nonprofit organizations. Teresa Harrigan, 1246 Modoc Lane, expressed opposition to the General Plan Amendment. She opined that the McConnell Foundation has ample land that is appropriately zoned for its needs. Ms. Harrigan expressed concern with heavy equipment repair taking place on the premises as well as the helipad use permit. She stated that her family moved to the area for peace and quiet and never expected an industrial park or helipad to be developed nearby. 06/15/99 144 Laura McGrath, Redding, commented that by changing the land use designation, the City will lose the property tax income from 20 single-family homes. Martha Hitchcock, 2510 Castlewood Drive, wondered whether provision has been made to reallocate land use designations in order to compensate changing the zoning or land use on a specific property type. Mr. Swanson explained that while the subject has been discussed in general terms, given the abundance of single-family property and the small size of the parcel, it was not deemed necessary in this case. Larry Clifford, 4952 Alta Rico Drive, agreed with the opinion that the McConnell Foundation is pursuing a "land grab." He expressed concern with the Foundation possibly retaliating against anyone who opposed them. Randall Tomblinson, 2267 Dawn Lane, asked what measures will be taken to control dust and noise associated with the maintenance facility. He expressed opposition to the General Plan Amendment. Manny Ornellas asserted that his previous comments are indeed relative to the issue at hand and he expressed concern with regard to the McConnell Foundation's influence. He opined that the organization shows no regard to the impact of their business activities on those around them. Cheryl Clifford, 4952 Alta Rico Drive, claimed that efforts to appeal to City Council when the McConnell Foundation was performing construction on adjoining property without a permit were to no avail. She stated for this reason uneasy feelings remain for the political situation between the McConnell Foundation and City Council. Mrs. Clifford accused the McConnell Foundation of destroying the view from her property by planting trees around its facilities. Howard Taylor, 2525 Churn Creek Road, claimed that his rezoning and General Plan amendment request was never considered by City Council because Development Services Director Swanson said the McConnell Foundation would not approve it. Mayor Anderson explained that no consideration is given to the name on an application, and that Council only considers the merits of a proposal. Jeffrey Haynes, 1176 Modoc Lane, stated that the McConnell Foundation has been trying to purchase property in that area for a long time. He related concerns regarding the maintenance facility limiting property potential and causing parcels to become landlocked, as well as the use of noisy landscaping equipment. He asked what the McConnell Foundation had in mind for the subject property if it was purchased with no intention to use it as zoned. Mr. Haynes questioned why a maintenance facility would be planned in the middle of a residential development. Steve Reibsome, 2198 Darsha Lane, commented that he moved his family to the neighborhood because it is a good place to raise children. He asked Council to consider the increased traffic and the noise of a helipad, and asked that they oppose the General Plan Amendment. Susan Walker, 2320 Old Alturas Road, indicated that her family moved to the area for peace and quiet. She contended that approval of the General Plan Amendment would pave the way for subsequent rezonings. Chuck Lema remarked that his family owned and resided on the subject property before it was developed for neighborhoods. He said that many people moved to the area to subdivide their property but are now complaining about further development. He pointed out that he used to run heavy equipment on this property at the break of dawn. 06/15/99 145 Mayor Anderson determined there was no one else present wishing to address this matter and closed the public hearing. In response to Council Member Kight, Mr. Swanson stated that the City has an obligation to address affordable, or multiple-family, housing. He explained that while this must be kept in mind when addressing land issues, that is not to say Council must always vote in favor of housing. He said that a parking lot at the maintenance facility will be the subject of an administrative use permit and design issues will be considered by the Board of Administrative Review, and each person speaking tonight as well as the surrounding property owners will be given written notice of that proceeding. Mr. Swanson noted that the use permit will address mitigation of noise as well as traffic and dust. In response to Council Member Kight, City Manager Warren said the tax revenue loss resulting from the General Plan Amendment would total approximately $3000 a year, but it costs the City that much to provide public safety services and maintain infrastructure on development property. In reply to Council Member Kight's questions concerning lot size and utility easements, Mr. Swanson said that the potential for landlocking is an issue when an area is subdivided without benefit of a subdivision process; however, in this case, the Planning Commission determined there is sufficient land south of the McConnell Foundation property for street access to residential areas. Ms. Thesken explained that all parcels have private road easements to access their property. In response to Council Member Pohlmeyer, Mr. Swanson related that the property owned by the McConnell Foundation to the north of the proposal area is about 300 acres in size, and the land proposed for the General Plan Amendment is 6-1/2 acres. Associate Planner Thesken reported that all of the properties on Modoc Lane and Dawn Lane are occupied residential with the exception of one parcel owned by the McConnell Foundation. Council Member Pohlmeyer asked if the maintenance facility could be relocated to the McConnell Foundation's 300-acre parcel. Mr. Swanson responded that, theoretically, it could be relocated given that the institution owns such a large amount of land. Council Member McGeorge commented that Howard Taylor's request cannot be compared to the McConnell Foundation's proposal because they are different issues. In response to Council Member McGeorge, Ms. Thesken explained that up to 19 parking spaces may be considered on the use permit based on the size of the facility. She noted that any equipment repair will occur inside the facility, and the Board of Administrative Review will be considering the requirement of a six-foot masonry wall or decorative buffer between residential properties to the east and the maintenance facility. In response to Council Member Cibula, Mr. Swanson stated that the General Plan Amendment will have virtually no impact on traffic. In fact, there will be lighter traffic than if the area were subdivided. In response to Council Member Cibula, Ms. Thesken detailed that public hearing notices were sent to property owners in an expanded area prior to the application going before the Planning Commission, and again before the item went to City Council. Ms. Thesken noted that one complaint was received from a property owner west of Lema Road regarding traffic concerns. Most of the complaints, she said, came from residents on the east side regarding landlock issues, utilities, and whether their property was being rezoned. Council Member Pohlmeyer noted that surrounding properties would remain single-family residential with the exception of this six-acre parcel. 06/15/99 146 Council Member McGeorge observed that the McConnell Foundation has mitigated any major concerns. Judging by the Foundation's other facilities, he opined that the building would be an asset to any neighborhood. He concluded there is ample single-family housing in the community. MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, that Council approve the General Plan Amendment application as recommended, and make the following findings regarding General Plan Amendment GPA-1-99: 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. Voting was as follows: Ayes: Council Members - Cibula, Kight, McGeorge, and Anderson Noes: Council Members - Pohlmeyer Absent: Council Members - None Abstain: Council Members -None MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, that Resolution No. 99-90 be adopted, a Resolution of the City Council of the City of Redding amending the General Plan of the City by adopting General Plan Amendment GPA-1-99, changing the designation of 6.53 acres on property located at the north terminus of Lema Road from "Residential, 3.0 units per acre" to "Public or Institutional." Voting was as follows: Ayes: Council Members - Cibula, Kight, McGeorge and Anderson Noes: Council Members - Pohlmeyer Absent: Council Members - None Abstain: Council Members -None Resolution No. 99-90 is on file in the office of the City Clerk. Mayor Anderson advised those concerned to attend the meeting of the Board of Administrative Review, where their concerns and suggestions for mitigation measures may be addressed. RECESS At the hour of 8:19 p.m., Mayor Anderson declared the meeting recessed. Mayor Anderson reconvened the meeting to regular session at 8:28 p.m. PUBLIC HEARING - Amendment of Chapter 18.62, Off-Street Parking and Loading Regulations; Chapter 18.51, Administrative Use Permits; and Chapter 18.73, Zoning Exceptions, of Redding Municipal Code Title 18 (Zoning); by the City of Redding (L-010-500-050) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing re proposed amendment of Redding Municipal Code Chapters 18.62, 18.51, and 18.73 of Title 18 (Zoning). 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 May 6, 1999 City Clerk Strohmayer advised that no written protests were received. 06/15/99 147 Development Services Director Swanson provided an overview of the Report to City Council dated June 2, 1999, incorporated herein by reference, regarding the proposed amendment of Redding Municipal Code relating to parking, use permits, and zoning exceptions. He related that the ordinance will reduce the amount of required parking, allowing more flexibility in parking lot design with more landscaping and less area devoted to parking. Mr. Swanson stated that the proposed revision will also provide wider parking spaces and more pedestrian friendly parking lots. It is the recommendation of the Development Services Director that the ordinance be offered for first reading amending Chapter 18.62, Off-Street Parking and Loading Regulations; Chapter 18.51, Administrative Use Permits; and Chapter 18.73, Zoning Exceptions, of Redding Municipal Code Title 18 (Zoning). Mr. Swanson thanked Frank Sawyer of Sharrah, Dunlap, & Sawyer, who contributed greatly to the project through ideas and sketches, as well as Assistant Planner Wildauer. Mayor Anderson determined there was no one else present wishing to address this matter and closed the public hearing. Council Member Kight thanked Mr. Sawyer for his participation in the ordinance amendment. MOTION: Made by Council Member Cibula, seconded by Council Member Kight, that Council make the following findings regarding Ordinance No. 2254: 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 Cibula offered Ordinance No. 2254 for first reading, an ordinance of the City of Redding amending Chapter 18.62, Off-Street Parking and Loading Regulations; Chapter 18.51, Administrative Use Permits; and Chapter 18.73, Zoning Exceptions, of Redding Municipal Code Title 18 (Zoning). MOTION: Made by Council Member Cibula, seconded by Council Member Kight, that the full reading of Ordinance No. 2254 be waived, that the City Attorney be instructed to read the full title, and authorizing staff to publish a summary ordinance. The Vote: Unanimous Ayes REQUEST FOR CITY TO SERVE AS FISCAL SPONSOR FOR THE MILLENNIUM CELEBRATION (R-006-250, B-080-600) Deputy City Manager Starman provided an overview of the Report to City Council dated June 8, 1999, relating to a request from the Millennium Committee for the City of Redding to serve as "fiscal sponsor" for the millenium celebration on December 31, 1999, through January 1, 2000. Mr. Starman noted that the City's involvement in the celebration has expanded significantly over the past few months. It is the recommendation of the Deputy City Manager that City Council approve serving as fiscal sponsor for the millennium celebration, accounting for revenue and expenses associated with the event, and that the City's involvement be limited to this extent. MOTION: Made by Council Member Kight, seconded by Council Member Cibula, that the City serve as fiscal sponsor for the millennium celebration scheduled to take place December 31, 1999, through January 1, 2000, accounting for revenue and expenses associated with the 06/15/99 148 event, and that a cap be placed on the City's involvement at this level. The Vote: Unanimous Ayes AWARD OF BID - Bid Schedule No. 3279 (Job No. 2125), 1999 Street Overlay Program and RESOLUTION - Appropriating Funds (B-130-070, B-050-020, G-100-170-775, S-070-200) Director of Public Works August provided an overview of the Report to City Council dated May 28, 1999, relating to Bid Schedule No. 3279, 1999 Street Overlay Program. He related that project bids were obtained at 10 percent beneath the original estimate from a local contractor. Mr. August recognized the efforts of Project Coordinator Gordon, Assistant City Engineer Aasen, Engineering Technician Evans, and Engineering Technician Denise O'Gorman. It is the recommendation of the Public Works Director that Bid Schedule No. 3279, (Job No. 2125), 1999 Street Overlay Program, be awarded to Tullis and Heller, Inc., in the amount of $3,635,637.50, and an additional $200,000 be approved to cover the cost of engineering and inspection fees, and $666,362.50 be approved to provide a construction contingency fund, for a total of$4,502,000. It is also recommended that the resolution be adopted appropriating $4,002,000 from the State Transportation Improvement Program, authorizing the transfer of$500,000 from the 1998-1999 overlay program to this project, and any funds budgeted in the 1999/2000 and 2000/2001 budget be added to the contract after the budget is adopted to take maximum advantage of the bid. In response to Mayor Anderson, Mr. August indicated that the project will commence in July, with paving starting in August and completion slated for September. MOTION: Made by Council Member McGeorge, seconded by Council Member Pohlmeyer, that Bid Schedule No. 3279, (Job No. 2125), 1999 Street Overlay Program, be awarded to Tullis and Heller, Inc., in the amount of $3,635,637.50, and an additional $200,000 be approved to cover the cost of engineering and inspection fees, and $666,362.50 be approved to provide a construction contingency fund, for a total of$4,502,000; and that Resolution No. 99-91 be adopted, a Resolution of the City of Redding approving and adopting the 22nd Amendment to City Budget Resolution No. 98-92 1) appropriating $4,002,000 for the paving overlay program and 2) accepting $4,002,000 grant revenue; that $500,000 be transferred from the 1998-1999 Overlay Program to this project; and any funds budgeted in the 1999/2000 and 2000/2001 budget be added to the contract after the budget is adopted. 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. 99-91 is on file in the office of the City Clerk. RESOLUTION -Excluding the Shasta County Air Quality Management District from Health and Safety Code Requirements (B-080-460) City Manager Warren provided an overview of the Report to City Council dated June 10, 1999, relating to whether the City of Redding should become actively involved in the management of the Shasta County Air Pollution Control District. He stated that there has been fluctuating interest, but the most recent Council position on September 16, 1997, was to not seek membership on the board of the Shasta County Air Pollution Control District. 06/15/99 149 California state law provides that there shall be certain municipal representation on a county Air Pollution Control Board unless the City declines membership. He noted that, unfortunately, while Council voted in 1997 not to participate in the membership of the board, the action was not taken, as required, by resolution or ordinance. It is the recommendation of staff that City Council adopt the resolution declining to participate in the management of the Shasta County Air Pollution Control District. It is recommended that Council review this position every other year to determine whether circumstances warrant a change in the City's position. City Clerk Strohmayer noted that a letter dated June 15, 1999, incorporated herein by reference, opposing staffs recommendation was received from Dwight Bailey, 941 Mussel Shoals, Shasta Lake City. George McArthur, 5869 Fairmont Drive, read a letter dated June 15, 1999, incorporated herein by reference. He opined that the Report to City Council did not accurately reflect the action taken at the September 16, 1997, Council Meeting. He asked that the item be referred back to staff for further review. Ivan Hall, 2575 Star Drive, submitted a letter dated June 15, 1999, incorporated herein by reference. He noted that the motion made at the September 16, 1997, Council Meeting was to continue dialogue with the County regarding participation on the air board, and did not indicate that the City would never seek membership. Mr. Hall explained that many districts operate with a county majority and city minority even though most of the populace reside in incorporated areas. He opined that any representation on the board is better than no representation. Mr. Hall alleged that City policy regarding the air board was determined during closed session discussion of Mr. Wade's lawsuit. He said that there are three new council members since 1997, and Council should discuss the matter and seek community input. Mr. Hall concluded that staffs recommendation is driven by the lawsuit in order to save money in legal fees, and, in his opinion, may be more expensive in the long run. He asserted that the City should take advantage of the opportunity to place two members on the Shasta County Air Quality Management District. Betty Doty, 6899 Riata Drive, read a letter dated June 15, 1999, incorporated herein by reference, stating her opposition to staffs recommendation with regard to composition of the Shasta County Air Quality Management District. She contended that the motion made at the September 16, 1997, Council Meeting is not congruent with the current staff recommendation. Mrs. Doty opined that the City should be represented on the Air Board. Fulton Doty, 6899 Riata Drive, claimed that any change on the air board would be an improvement. He alleged that a member of the board has received money from every major polluter in the area. Russ Wade, 1991 Heller Lane, related concerns that the area is becoming polluted and programs have not been established to improve air quality. He said that the City is in a beautiful location, but it is in danger of air quality deterioration, which makes it important for the City to have representation on the board. He wondered how tourism will be affected by pollution, and opined that prevention is the best course of action. Council Member Cibula advised that it is a valuable right to participate on the Shasta County Air Quality Management District, and he advised against the City relinquishing its right at this time. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, that Resolution No. 99-92 be adopted, a Resolution of the City Council of the City of Redding excluding the Shasta County Air Quality Management District from the requirements of 06/15/99 150 Health and Safety Code Section 40100.5, concerning membership of the City on the Shasta County Air Pollution Control Board. Voting was as follows: Ayes: Council Members - Kight, Pohlmeyer, and Anderson Noes: Council Members - Cibula and McGeorge Absent: Council Members - None Abstain: Council Members - None Resolution No. 99-92 is on file in the office of the City Clerk. URGENCY ITEM - Request for Placement on the Closed Session Agenda (L-100) City Attorney Wingate requested that an urgency item be placed on the closed session portion of the agenda regarding existing litigation in the matter of Lawrence John and Betty Lease v. City of Redding, et al. MOTION: Made by Council Member Kight, seconded by Council Member McGeorge, to place the urgency item on the closed session portion of the agenda, pursuant to Government Code Section 54956.9 (a), regarding existing litigation in the matter of Lawrence John and Betty Lease v. City of Redding, et al., Superior Court Case No. 131510. The Vote: Unanimous Ayes ORAL COMMUNICATIONS (W-030-700-010, P-050-460) Frances Jenkins, 2652 Sharon Street, reported that trespassers frequent her private property along the Anderson-Cottonwood Irrigation District canal. She stated that canal access route is closed to public use; however, this is not enforced. Furthermore, Mrs. Jenkins noted there is frequent mention made of a proposed walking trail on private property along the ACID canal. She said property owners are adamantly opposed to this idea, and, in fact, the Draft General Plan shows the trail running through private property. Mrs. Jenkins requested that Council consider putting the issue to rest once and for all. Mayor Anderson directed City Manager Warren to investigate complaints by property owners with regard to trespassing on private property along the ACID canal, and return to Council on July 6, 1999, with a report regarding the proposed development of a walking trail on the ACID access road. (G-030-010, L-010-230) Russell Hunt indicated that he was speaking on behalf of a group of people in the Sonoma Street subdivision. He claimed residents were promised certain conditions relating to the Sonoma Street rezoning which the City is not living up to, including a buffer zone between homes and the Highway Patrol building as well as street improvements. Mr. Hunt asked that the neighborhood be given notice for an opportunity to speak to this issue. CLOSED SESSION At the hour of 9:13 p.m., Mayor Anderson announced that Council will adjourn to closed session to discuss the following: Closed Session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Tommy Filson v. City of Redding, et al., Shasta County Superior Court Case No. 134501 (L-100) 06/15/99 151. Closed Session pursuant to Government Code Section 54957.6: CONFERENCE WITH LABOR NEGOTIATOR Agency Negotiator: Randy Bachman Employee Organization: Non-represented Employees (P-100-050-100) _- (Urgency Item) Closed Session pursuant to Government Code Section 54956.9(a): EXISTING LITIGATION Lawrence John and Betty Lease v. City of Redding, et al., Superior Court Case No. 131510 (L-100) At the hour of 9:55 p.m., Mayor Anderson reconvened the meeting to regular session. He stated that no reportable action was taken. ADJOURNMENT There being no further business, at the hour of 9:55 p.m., Mayor Anderson declared the meeting adjourned. APPROVED ;:("471 yor ATTEST .I, /, meq City Clerk �j"" 06/15/99