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HomeMy WebLinkAboutMinutes - City Council - 1999-09-21 213 City Council, Regular Meeting Council Chambers 1313 California Street Redding, California September 21, 1999, 7:00 p.m. The Pledge of Allegiance to the Flag was led by Mr. Clay McLain. The Invocation was offered by Chaplain Eddie Hash of the Shasta County Sheriff's Office. 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, Deputy City Manager Starman, City Attorney Wingate, Director of Development Services Swanson, Management Assistant to the City Manager Niemer, Director of Electric Utility Feider, Fire Chief Wagner, Support Services Director Kersten, Administrative Services Director Bachman, Economic Development Director Mitchell, Senior Planner DeMallie, City Clerk Strohmayer, Assistant City Clerk Moscatello, and Executive Secretary Miller. PRESENTATION OF FUNDS BY PACIFIC BELL (A-050-060) Larry Lees of Pacific Bell presented a check for $2,000 to the City for the purchase of a computer, work station, and printer at the Martin Luther King Center. Mayor Anderson thanked Pacific Bell for its donation. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Special Meetings of September 9, 1999, and September 14, 1999 Approval of Payroll and Accounts Payable Register (A-050-100-500) It is recommended that Accounts Payable Register No. 5, check numbers 271457 through 271928 inclusive, in the amount of$4,709,997.13, for the period September 2, 1999, through September 17, 1999, be approved and paid, and Payroll Register No. 5, check numbers 464545 through 464863 inclusive, and electronic deposit transaction numbers 66040 through 66568, in the amount of$1,511,625.09, for the period August 22 through September 4, 1999, be approved. TOTAL: $6,221,622.22 ORDINANCE NO. 2258 - re Displaying Vehicles or Vessels for Sale, Hire, or Rental (L-010-050) It is recommended that Ordinance No. 2258 be adopted, an ordinance of the City Council of the City of Redding adding Redding Municipal Code Section 11.24.265, Displaying Vehicles or Vessels for Sale, Hire, or Rental, prohibiting the display of vehicles on public or private property for the purpose of sale unless such use of the property is permitted by the zoning ordinance, or parking or placing a person's own vehicle on the person's private property or street adjacent to the person's residence. RESOLUTION - Proclaiming the Week of October 3-9, 1999, as Public Power Week (A-050-060-600) It is the recommendation of the Electric Utility Director that Resolution No. 99-129 be 09/21/99 214 adopted, a Resolution of the City Council of the City of Redding proclaiming October 3-9, 1999, as Public Power Week. Transfer of Reallocated Community Development Block Grant (CDBG) Funds for Fantasy Fountain (P-050-145) It is the recommendation of the Assistant to the City Manager- Community Services that City Council authorize reprogramming of CDBG funds for ADA- (Americans with Disabilities Act) approved matting for Fantasy Fountain at Enterprise Park as follows: $4,235.40 from the 1998-1999 ADA Curb Cut Project, $8,855 from the Old City Hall ADA upgrade, and approximately $4,000 from the Convention Center ADA project. 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 Resolution No. 99-129 and Ordinance No. 2258 are on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application RZ-3-99, Property Located East of Churn Creek Road and West of Hacienda Heights Subdivision, by McDonald Family Properties (L-010-230) The hour of 7:00 p.m. having arrived, Mayor Anderson opened the public hearing re Rezoning Application RZ-3-99. 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 August 24, 1999 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 8, 1999, incorporated herein by reference, regarding Rezoning Application RZ-3-99, by McDonald Family Properties, a request to rezone 154 acres encompassed by the approved tentative map of the Spring Hill Park Subdivision from "U-FP" Unclassified District with Floodplain Combining District to "R-1" Single Family Residential District, "OS" Open Space District, and "OS-I" Open Space Combining District. Mr. Swanson related that the Planning Commission recommended approval of the application at its meeting of August 24, 1999. Mr. Swanson noted there has been a concern of area residents that this rezoning calls for the extension of Minder Drive. He assured the audience that there is no intent by the developer or staff to extend Minder Drive into the Spring Hill Park Subdivision. It is the recommendation of the Development Services Director that Council approve111 Rezoning Application RZ-3-99, rezoning property located east of Churn Creek Road and west of the Hacienda Heights Subdivision to "R-1" Single Family Residential District, "OS" Open Space District, and "OS-I" Open Space Combining District. Mike Wells, representative of Coughlin and Associates, advised that the rezoning application was submitted as a condition of the tentative map, and no changes to the map are planned. 09/21/99 215 Jon Ward, 1337 Minder Drive, related concerns with regard to noise, safety, and declining property values should the Minder Drive cul-de-sac be extended to accommodate through traffic. Mr. Ward opined that the zoning designation "OS-I" (Open Space Combining District)is a step closer to development, and he requested a written promise that the City will never attempt to extend Minder Drive. Mr. Swanson reiterated that there are no plans to extend Minder Drive; however, he stated that a promise of this nature cannot be made. Emily Davis, 1235 Edgewood Drive, related that the Minder Drive park area was allowed to remain undeveloped subsequent to the original Spring Hill Final Map. Mrs. Davis advised that the area is beautiful and inhabited by wildlife, and she requested that caution be used when improvements are planned. Mr. Swanson, in response to Council Member Cibula, stated that there is no intention to call for significant improvements in the Minder Drive park area. He added that the area is in a flood plain, and it would be expensive to extend Minder Drive because a bridge would have to be built across the stream. Antoinette Chidlaw, 1963 Tiburon Drive, requested that the zoning designation remain "OS" (Open Space District) since the developer plans few improvements and it would alleviate the residents' fears. She asked whether the environmental impact study addressed water flow into Churn Creek. Larry Correia, 1373 Minder Drive, suggested that residents be allowed to purchase a portion of the Minder Drive park area, thus ensuring the cul-de-sac can never be opened to accommodate through traffic. Mr. Wells reported that an environmental impact study was prepared in conjunction with the tentative map. He related the developer's intention is to create a "passive" park that is more usable for the residents, including trails, picnic benches, and minimal improvements; therefore, the zoning designation "OS-I" is more appropriate. Mr. Wells stated that a new map application would be required should a portion of the park be sold to the residents, and the developer is not inclined to go through that process again. Robert Belgeri, 1942 Tiburon Drive, asked whether a guarantee can be negotiated to ensure Minder Drive is never extended. City Attorney Wingate advised that an extension of Minder Drive is not part of the rezoning process. Furthermore, the City Council cannot bind future councils to a specific course of action regarding future development or street circulation in the City of Redding. He explained that no legal mechanism is available to guarantee that Minder Drive will never be extended. Mr. Wingate indicated that Council's only course of action is to make wise decisions in development of the new General Plan. In response to Robert Price, 1737 Edgewood Drive, Mr. Wells pointed out on the map the various streets available for accessing Spring Hill Park Subdivision without utilizing Minder Drive. In response to Mr. Ward, Mayor Anderson advised that an agreement between the residents and the developer cannot bind the City. Mr. Wells stated that residents will be given notice to speak to any request for a change to the subdivision map. He said that changing the zoning designation or selling a piece of the property may affect the future value of the land. 09/21/99 216 Dennis Cowan, 1381 Edgewood Drive, suggested that the south portion of the property be zoned OS and the remainder OS-I. Mr. Wells explained that OS-I allows the developer to make minimal improvements, and is the more appropriate designation. OS does not allow trails or removal of dead trees. Mayor Anderson determined there was no one else present wishing to address this matter and closed the public hearing. Senior Planner DeMallie noted that the developer is obligated to provide a certain amount of acreage to meet the recreation needs of its residents. This would necessitate constructing improvements which could not be done under an OS designation. Mr. DeMallie explained that the ultimate decision as to what improvements are necessary is made by the City. Mayor Anderson suggested leaving the minimum amount of land for improvements OS-I and changing the southern most portion to OS. Mr. Swanson suggested that the public hearing be reopened and continued, allowing staff time to gather and return with more information as to the amount of land which can be designated OS without impinging on park dedication requirements. In response to Council Member McGeorge, Mr. Swanson said that changing the conditions of a tentative map cannot be achieved through a rezoning. The developer makes park improvements according to the tentative map then dedicates the park to the City. Mr. Wingate related that the Subdivision Map Act prohibits parks in an OS district. He suggested that an area the same width as the lots be designated OS and the area north of that be designated OS-I. Mr. Wingate agreed with continuing the public hearing as it would allow staff time to research the available options. Mayor Anderson reopened the public hearing and continued the public hearing re Rezoning Application RZ-3-99 to October 5, 1999, at 7:00 p.m., to allow staff time to examine the issue and return with recommendations. APPOINTMENT TO THE ECONOMIC DEVELOPMENT CORPORATION (B-080-150) Mayor Anderson recommended the appointment of J. Randall Memeo to the Economic Development Corporation to fill an unexpired term to June 30, 2000. MOTION: Made by Council Member McGeorge, seconded by Council Member Kight, that J. Randall Memeo be appointed to the Economic Development Corporation to fill an unexpired term to June 30, 2000. The Vote: Unanimous Ayes OPPOSITION TO ASSEMBLY BILL 84 (L-040-3 00) City Manager Warren related that Assembly Bill 84 (AB84) may prohibit local agencies from authorizing a retail store larger than 100,000 square feet if more than 15,000 square feet is devoted to the sale of nontaxable merchanidise, and this may affect the City due to its reliance on retail sales. He stated it may also serve as a stepping stone for other bills of this nature. Mr. Warren noted that his office sent a letter opposing AB84 to the Governor on September 15, 1999. It is the recommendation of the City Manager that the Mayor be authorized to sign a letter to the Governor opposing AB84. Council Member Cibula expressed concern with the lack of discussion at the State level regarding the issues of AB84 and agreed with staff's recommendation. 09/21/99 217 MOTION: Made by Council Cibula, seconded by Council Member McGeorge, that the Mayor be authorized to sign a letter to the Governor opposing Assembly Bill 84 regarding the development of certain retail stores, and supporting the City Manager's correspondence re AB84. The Vote: Unanimous Ayes ANNEXATION OF PROPERTY EAST OF STILLWATER CREEK(Annexation 99-4)and RESOLUTION - Providing for the Transfer of Tax Revenues (A-150-258, T-010-650) City Manager Warren provided an overview of the Report to City Council dated September 15, 1999, relating to a request by the property owner to annex approximately 547 acres located east of Stillwater Creek along the extension of Rancho Road. He noted that the area has been identified by the City as a potential future industrial site. Mr. Warren stated that it is necessary to include one other 39-acre parcel in the annexation to avoid creating an unincorporated island, bringing the total annexation area to 586 acres. It is the recommendation of the City Manager that City Council refer Annexation 99-4 for environmental review, direct staff to prepare a resolution to commence annexation proceedings, adopt a resolution re the exchange of property taxes, authorize staff to prepare an application to LAFCO,and authorize staff to pay the required annexation fees to LAFCO and the State. Mike Cronic, 8225 Whispering Oaks Road, indicated that he and others who live in the County adjacent to the annexation area were unaware of the proposal until yesterday. He related concerns regarding the proposed industrial zoning designation and the effects on nearby residential property. Mr. Cronic requested that the matter be continued to allow residents time to identify an appropriate course of action as well as a proper "buffer zone" to protect the value of their properties. Mayor Anderson advised that annexations are a long process, and there will be many opportunities for the residents to make recommendations. City Manager Warren indicated that staff plans on meeting with the property owners adjacent to the annexation area to discuss an appropriate buffer zone. He recommended that Council adopt the property tax agreement and continue to work with the residents. In response to Mr. Cronic's concern with the annexation in general, Mayor Anderson explained that a majority of the property owners must vote for annexation. Ramona Bowling,8596 Quail Valley Drive,reported that County residents were not notified of the annexation. She related concerns with regard to industrial traffic on the roads in the area. Ms. Bowling asked for time to research their options and decide on a course of action. Council Member McGeorge advised that the annexation process is lengthy and includes public hearings at various levels. He indicated that the neighborhood can request the Planning Commission to create a buffer zone, and this evening's action does not shut the County residents out of the process. MOTION:Made by Council Member Kight,seconded by Council Member McGeorge,that Annexation No. 99-4 be referred for environmental review; directing staff to prepare a resolution commencing annexation proceedings; authorizing staff to prepare an application to LAFCO; authorizing staff to pay the required annexation fees to LAFCO and the State; and that Resolution No. 99-129 be adopted, a Resolution of the City Council of the City of Redding providing for the transfer of tax revenues for a reorganization proposal. Voting was as follows: 09/21/99 218 Ayes: Council Members - Cibula, Kight, McGeorge, Pohlmeyer and Anderson Noes: Council Members - None Absent: Council Members -None Abstain: Council Members -None Resolution No. 99-129 is on file in the office of the City Clerk. Mayor Anderson advised the residents to attend the draft General Plan discussions at the Planning Commission meetings. County residents were informed how to contact Development Services Director Swanson, and instructed how to receive notice of Planning Commission meetings. YEAR 2000 STATUS REPORT (A-050-450) Support Services Director Kersten provided an overview of the Report to City Council dated September 9, 1999, relating to the Year 2000 Status Report. He reported that the City is ready to continue delivering quality service into the next millennium. Mr. Kersten related that each department has taken steps to mitigate potential Y2K problems. The Electric Utility has achieved the following: • All systems have been investigated; • The distribution system has been checked and verified to be Y2K compliant; • Three of the four local power generation systems have been brought into compliance, and the remaining generator is currently 95 percent compliant and will be 100 percent by late November 1999; • The power control center system upgrades to ensure compliance were completed in late August 1999. Mr.Kersten advised that Public Works utilities have conducted compliance testing and have completed all but one of the necessary modifications to ensure services will continue at normal levels. The one remaining modification will be performed in late October. Final Y2K compliance testing at Redding Municipal Airport for the lighting system controls has been completed, with no issues identified. Mr. Kersten expressed confidence that there will not be any grid problems; however, contingency plans are in place; and the City, in the event of an emergency, can isolate itself from the grid. He reported that Y2K readiness confirmation has been required of critical suppliers, modest inventories have been set up, and vacation requests are being denied for key personnel. Mr. Kersten advised that the City is at a heightened state of readiness due to Y2K. ORDINANCE - Amending Redding Municipal Code Section 3.04.030, Landing Fees at Redding Municipal Airport and Benton Airpark (A-090-100, A-090-020) Development Services Director Swanson provided an overview of the Report to City Council dated August 23, 1999,regarding a proposed ordinance discontinuing landing fees on certain aircraft at Redding Municipal Airport and Benton Airpark. He related that Ordinance No. 1940, adopted October 2, 1990, established policy for the collection of landing fees; however,billing and personnel costs have exceeded the revenue received from landing fees of aircraft with a Certified Maximum Gross Takeoff Weight(CMGTW)of more than 12,500 pounds. It is the recommendation of the Development Services Director that landing fees be discontinued on aircraft with a CMGTW of more than 12,500 pounds. Council Member Cibula offered Ordinance No. 2259 for first reading, an ordinance of the 09/21/99 219 Airports, by amending Section 3.04.030, Schedule of Landing Fees, discontinuing landing fees to operators of aircraft with a CMGTW of more than 12,500 pounds. MOTION: Made by Council Member Cibula, seconded by Council Member Kight, that the full reading of Ordinance No. 2259 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes RESPONSE TO CALFED'S DRAFT PROGRAMMATIC ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (W-030-550-700) Electric Utility Director Feider provided an overview of the Report to City Council dated September 16, 1999, regarding a request that Council authorize the Mayor to sign a letter commenting on CALFED's Draft Programmatic Environmental Impact Statement/Environmental Impact Report (Draft EIS/EIR). He stated that the document addresses issues ranging from water management and flood control to power costs and land use. Mr. Feider related that a public hearing is being held in Redding by CALFED tonight, and written comments are due September 23, 1999. He said that preliminary review of the Draft EIS/EIR indicates numerous potential adverse impacts on Redding, as follows: • Reductions in water availability and increased water costs; • Greater pressure on groundwater utilization; • Greater emphasis on water conservation; • Increased costs for water discharge; • Potential for flood control releases above the existing channel capacity; • Increased costs for electricity due to diversion of low-cost CVP hydroelectricity currently sold to Redding to new CALFED pumping requirements. In a response letter drafted by the Public Works and Electric Utility Directors, incorporated herein by reference, it is related that CALFED suggests mitigating impacts without committing to do so, and lacks in the development of water storage facilities while relying too greatly on water management practices. This may put undue pressure on Shasta Dam operators to maintain higher water levels, increasing the risk of flood danger, and staff contends that Redding should be made whole financially and physically in the event of a disaster. It is the recommendation of the Electric Utility Director that the Mayor be authorized to sign the Public Works and Electric Utility Directors' comment letter to the Draft EIS/EIR for submittal to CALFED. Richard Johnson, 3000 Valentine Lane, commended staff on its response letter. He stated that there is better communication with CALFED secondary to the establishment of the Bay- Delta Advisory Council Watershed Work Group. Although the letter addresses the issue of flood mitigation, Mr. Johnson suggested that the City request contractual assurances to ensure compensation is received for damages. He pointed out that harvesting water stored for summer use can cause significant damage if not properly controlled. Mr. Feider stated that the City would want assurance that water will be released from Shasta Dam before reaching dangerous levels, and a request for contractual assurance can be included in the letter. He said this would ensure that CALFED operates within the flood control curve to provide 100-year flood protection in the city. Mayor Anderson agreed with the added language for contractural assurance. He thanked Mr. Feider for the report and Mr. Johnson for his suggestion. MOTION: Made by Council Member Kight, seconded by Council Member Pohlmeyer, that the Mayor be authorized to sign the Public Works and Electric Utility Directors' comment 09/21/99 220 letter to the Draft EIS/EIR for submittal to CALFED, to include language addressing mitigation of impacts through contractual assurances. The Vote: Unanimous Ayes RECREATION DIVISION SLIDE SHOW PRESENTATION (A-050-220) Management Assistant to the City Manager Niemer and the Recreation Division presented a slide show entitled "The Summer of'99 in Review," reflecting on the highlights of this summer's recreational program. A group of young volunteers presented Council with Recreation Division polo shirts. ORAL COMMUNICATIONS (S-070-050-500) Steven S. Deichen, 4858 Tralee Lane, of the Awareness Fellowship of Northern California, commented on an article written by Lee Salter of the McConnell Foundation regarding the Turtle Bay Pedestrian Bridge which recently appeared in the Record Searchlight. He opined that a suspension bridge comparable to the Sacramento River Trail Bridge would be more economical and appropriate. ADJOURNMENT There being no further business, at the hour of 8:50 p.m., Mayor Anderson declared the meeting adjourned. APPROVED . r,471i("D Mayor ATTEST r City Clerk 09/21/99