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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-02-04 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California February 4, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by Senior Planner Keaney. The invocation was offered by Pastor Marvin Barbee of the Palo Cedro Assembly. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Fulton, Gard, Pugh, and Kirkpatrick. Council Members absent: Demsher Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Electric Director Lindley, Planning and Community Develop-ment Director Perry, Director of General Services Masingale, Associate Civil Engineer Hastings, Senior Planner Keaney, Finance Director Downing, Director of Personnel Services Bristow, Director of Data Processing Kelley, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of January 2l, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. l4, check nos. l03l00 through l03425 inclusive, in the amount of $649,922.63, be approved and paid, and Payroll Register No. l5, check nos. 20l706 through 203298 inclusive, in the amount of $489,841.65, for the period January l3, l985, through January 26, l985, be approved. Total: $1,139,764.28 Claims for Damage and Personal Injury - lst Hearing Harriett Goodykoontz - Claim for Damages filed l/l6/85 Recommend Denial and Referral to Insurance Carrier (C-090-020) 7-Eleven #l8860 - Claim for Damages filed l/2l/85 Recommend Payment in the Amount of $4l.57 (C-090-020) Sutter Insurance Co., for insured Rocco Carnicello - Claim for Damages filed l/25/85 Recommend Denial and Referral to Insurance Carrier (C-090-020) James Jenkins - Claim for Damages filed l/28/85 Recommend Payment in the Amount of $35.95 (C-090-020) Award of Bid - Security Program, Redding Municipal Airport (B-050-l00 and A-090-l00) City Manager recommends that Bid Schedule No. l596, security program at the Redding Municipal Airport, be awarded to the low bidder, Vantage Security, and that the Mayor be authorized to sign the neces-sary contract. Award of Bid - GVW Chassis and Line Body with Digger Derrick Equipped with Four Wheel Drive (B-050-l00) City Manager recommends that Bid Schedule No. l602, 34,000 lb. GVW chassis and line body with digger derrick equipped with four wheel drive, be awarded to Pac Power on its bid alternate number l, in the amount of $l33,703.l6, sales tax included. Award of Bid - One 3/4 Ton Truck with Utility Body (B-050-l00) City Manager recommends that Bid Schedule No. l603, one (l) 3/4 ton truck with utility body, be awarded to Crown Motors on its low bid in the amount of $l3,424.54, sales tax included. Award of Bid - Steel Structures to Support Conductors Crossing the Sacramento River (B-050-l00) City Manager recommends that Bid Schedule No. l604, steel structures to support conductors crossing the Sacramento River, be awarded to Gate City Steel in the amount of $30,630, sales tax included. Award of Bid - One l/2 Ton Pickup Truck (B-050-l00) City Manager recommends that Bid Schedule No. l605, one (l) l/2 ton pickup truck, be awarded to Crown Motors, on its low bid in the amount of $l0,027.07, sales tax included. Set Public Hearing - General Plan Amendment Application GPA-l-84, by Gus Vasilakis (G-030-0l0) Planning Director recommends that a public hearing be set for 7:30 P.M., February l9, l985, to consider General Plan Amendment Applica-tion GPA-l-84, by Gus Vasilakis, et al. Set Public Hearing - Rezoning Application RZ-26-84, by City of Redding (L-0l0-230) Planning Director recommends that a public hearing be set for 7:30 P.M., February l9, l985, to consider Rezoning Application RZ-26-84, by City of Redding. Contract with California Vision Service - re Vision Plan (P-l00-l50-l60 and P-l00-050-l50) Personnel Director recommends approval of a contract with California Vision Service for a vision plan for the City's Teamster employees, commencing January l, l985, with an initial term of twenty-four months. Contract Change Order No. l - Bid Schedule No. l588, Buckeye Pressure Zone Assessment District No. l984-l (B-050-020 and W-030-l25-040) Public Works Director recommends approval of Contract Change Order No. l, Bid Schedule No. l588, (Job No. 9577) construction of Pump Plant No. 4 (Buckeye Pressure Zone Assessment District No. l984-l), for the purchase of two additional pumps. Award of Bid - Replacement of Curb, Gutter, and Sidewalk (B-050-020) Public Works Director recommends that Bid Schedule No. l606 (Job No. 9503), replace-ment of curb, gutter, and sidewalk at various locations throughout the City, be awarded to Tullis & Associates, Inc. on its low bid in the amount of $39,864.46. Award of Bid - Installation of Chain Link Fencing at Hill 900 Reser-voir (B-050-020 and W-030-450) Public Works Director recommends that Bid Schedule No. l607 (Job No. 9329), installa-tion of chain link fencing at Hill 900 Reservoir, be awarded to Northwest Fence, Inc., on its low bid in the amount of $7,979. Resolution - re Freeway Agreement with CalTrans (S-070-200 and S-050-l00) City Attorney recommends adoption of Resolution No. 85-26, a resolu-tion of the City Council of the City of Redding approving an agreement with the State of California Department of Transportation for freeway construction and authorizing the Mayor to execute the same. Permit for Commercial Activities - Hertz Rent-a-Car (A-090-l00) City Attorney recommends the issuance of a Commercial Activities Permit to Frederick T. Egger, doing business as B & B Rentals, Inc. to operate the Hertz Car Rental service at the Redding Municipal Airport, commencing September l5, l984, and terminating September l4, l989. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher Resolution Numbers 85-26 is on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Wintu Audubon Society - re Proposed Bridge to Connect Auditorium Drive and Hilltop Drive (C-070-250-030 and G-030) A letter was received from the Wintu Audubon Society objecting to the General Plan designation which proposes a bridge to connect Auditorium Drive and Hilltop Drive as a traffic conduit for the proposed Benton Subdivision II. They feel this development would remove the largest Cottonwood trees, and bisect the sanctuary so there would no longer be a continuous area of riparian habitat. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the communication from the Wintu Audubon Society be referred to the Planning Director for review. The Vote: Unanimous Ayes Letter of Resignation - Ann Nicol from Airports Commission (B-080-0l0) A letter of resignation was received from Ann Nicol from the Redding Airports Commission, due to personal health reasons. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Council accept the resignation of Ann Nicol from the Airports Commission, and that the appropriate letter of appreciation be sent. The Vote: Unanimous Ayes APPOINTMENT - Alternate Member to Metropolitan Planning Organization (B-080-650-400) Mayor Kirkpatrick suggested that he be appointed as an alternate member to the Metropolitan Planning Organization since Council Member Gard will not be able to attend the meetings for the next several months. MOTION: Made by Council Member Gard, seconded by Council Member Fulton appointing Mayor Kirkpatrick as an alternate member to the Metropolitan Planning Organization. The Vote: Unanimous Ayes ORDINANCE - re Rezoning Application RZ-6-84, by Charles Hoisington (L-0l0-230) MOTION: Made by Council Member Fulton, seconded by Council Member Gard that the full reading of Ordinance No. l7l5 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Ordinance No. l7l5 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-6-84). Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher Abstain: Council Members - Pugh Ordinance No. l7l5 is on file in the office of the City Clerk. RESOLUTION - re Proposed Electric Utility Rate and Special Service Charge Increases (E-090-l00) Electric Director Lindley reviewed his memorandum to Council dated January 3l, l985. He advised that at the last regular Council meeting, information was submitted regarding the proposed electric utility rate increases. Mr. Lindley explained that the increases include an increase averaging l0.7%, which will become effective February 5, l985; changes to the electric utility special service charges, which will become effective April l, l985; and an additional rate increase averaging 7.8%, which will become effective September 3, l985. It is the recommendation of the Electric Director that Council adopt a resolution establishing the new rates and special service charges for electric service within the City. In response to an inquiry from Council Member Fulton, Mr. Lindley explained the reason for the difference in the service charge between residential and time metered rates. Council Member Gard emphasized that there has been extensive coverage of the proposed rate increases in the newspaper as well as other news media and information was included in the Redding Reports. She said the City has tried to make the public aware that increases were going to be made in small increments. Council Member Pugh agreed with Council Member Gard that the City went into great detail in l982 to explain the proposed rate increases. He said it was decided at that time to make the increases in small increments. He emphasized that the total increases represent a 300% increase in wholesale power to the City by Western. Mr. Pugh stressed, however, that the City's rates still remain very competitive. He commended Mr. Lindley for structur-ing the costs to curtail some of the increase to the consumers, and added that this is a commendable program. Mr. Lindley noted that in the fiscal year ending June 30, l983, the City paid $3.5 million for wholesale power, while for the year ending June 30, l986, the City will be paying $l8.5 million. Council Member Pugh emphasized that without the load management and conser-vation programs initiated by the Electric Department, the City's cost would have been up to $22.5 million. He said it was a community effort to keep the peak load as low as possible last summer. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Resolution No. 85-27 be adopted, a resolution of the City Council of the City of Redding establishing electrical utility rates for service to customers within the corporate limits of the City of Redding. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 85-27 is on file in the office of the City Clerk. AWARD OF BID - Construction of Airport/Canby ll5 KV Transmission Line and l2 KV Feeder Circuit (B-050-020 and E-090-l60-200) Electric Director Lindley reviewed his memorandum to Council dated January 3l, l985, which is incorporated herein by reference. He stated that staff has evaluated the bids for the construction of the Airport/Canby ll5 KV Transmission Line and l2 KV Feeder Circuit, and found that B & A Electric's bid to be the lowest responsible bid which complies with the requirements prescribed in the contract documents. Mr. Lindley noted that funds for this project are included in the l984 Electric System Project Financing Program. He advised that Environmental Impact Report EIR-l-83, certified by Council on January 3, l984, evaluated the impacts of the East Loop Connection ll5 KV Transmission Line and constructing a substation in the Airport area. It is the recommendation of the Electric Director that a contract be awarded to B & A Electric, in the amount of $6l9,938, for the above pro-ject, and that the Mayor be authorized to sign the contract. City Attorney Hays advised that it is being recommended that this contract be awarded to the second lowest bidder due to the fact that the bid bond submitted with the low bid, American Line Builders, was inappropriate. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Bid Schedule No. l60l (Job No. 9270-26), construction of Airport/Canby ll5 KV Transmission Line and l2KV Feeder Circuit, be awarded to B & A Electric, in the amount of $6l8,938, and that the Mayor be authorized to sign the contract. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher REQUEST FOR REIMBURSEMENT OF IN-LIEU PARK FEES - Robert Fisher, for PD-3-82, Meadow Wood Estates Planned Development (L-0l0-2l0-465 and L-0l0-l00) Council Member Pugh abstained from voting on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated January 25, l985, which is incorporated herein by refer-ence. He stated that the developer of Meadow Wood Estates Planned Develop-ment, Mr. Robert Fisher, has requested that in-lieu park fees paid at the time of recording the final maps for his project be reimbursed and that the future fees be waived for phases not yet recorded. Mr. Perry explained the requirements of the final map and Mr. Fisher's reasons for this request. In the opinion of staff, Mr. Perry stated that the recreational facilities provided in the project are unlikely to reduce utilization of City Park facilities. He noted that he has had no further contact with Mr. Fisher since the last Council meeting when continuance was requested. It is the recommendation of staff that the request be denied, taking into consideration unmet park needs, the credit already given for flood plain along Olney Creek, a 50-percent density increase, and that the facilities will not reduce the need for the City to provide new facilities. Council Member Gard commented that this is exactly the kind of situation the ordinance was designed to address. She emphasized that none of the conditions of that ordinance are met in this instance and there are no exceptional amenities provided in any way. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the request for reimbursement of in-lieu park fees for Meadow Wood Estates Planned Development, PD-3-82, be denied. The Vote: Unanimous Ayes with Council Member Pugh abstaining CABLE T.V. NEEDS ASSESSMENT (T-040-050) Planning and Community Development Director Perry recommended that the Cable T.V. Needs Assessment prepared by Computran Systems, be referred to the Cable T.V. Committee for review and comment. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the Cable T.V. Needs Assessment be referred to the Cable T.V. Com-mittee for review and comment. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - February l985 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for February, l985. AWARD OF BID - Lake Boulevard l6-Inch Transmission Main (B-050-020, W-030-725 and W-030-700-035) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Council Make the following findings re Bid Schedule No. l599, Lake Boulevard l6-Inch Transmission Main: l. 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, ratifies the Negative Declaration approved by the Board of Administra-tive Review on January 2, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Bid Schedule No. l599 (Job No. 9460), Lake Boulevard l6-Inch Transmis-sion Main (Buckeye Pressure Zone), be awarded to Cox & Cox Construction, Inc., on its low bid in the amount of $23l,940. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher Abstain: Council Members - Pugh ORDINANCE - re Certain Electric Service Fees (E-090-l00 and C-ll0-l00) City Attorney Hays submitted a proposed ordinance which is a continuation of removal of fees and charges for electrical services from the Redding Municipal Code. He noted that such fees will hereafter be altered by resolution rather than ordinance. Council Member Pugh offered Ordinance No. l7l6 for first reading, an ordinance of the City Council of the City of Redding repealing Sections l6.l2.l8D and l6.l2.280 of the Redding Municipal Code, pertaining to electric service fees. SUMMONS AND COMPLAINTS City Attorney Hays advised that the following summons and complaints have been received: Jim Blankenship by Attorney Lynn Fender vs. City of Redding et al Claim for Personal Injury filed l2/l8/84 (C-090-l00) Danny and Minnie Beeson by Attorney Lynn Fender vs. City of Redding et al - Claim for Personal Injury filed l2/l3/84 (C-090-l00) This was an information matter and no action was required. PUBLIC HEARING - re Rezoning Application RZ-25-84, by City of Redding (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-25-84. 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 February l, l984 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Senior Planner Keaney reviewed the Planning Director's memorandum to Council dated February l, l985. He stated that the Planning Commis-sion has unanimously recommended rezoning of properties in the Quartz Hill Road area as a follow-up to the recent amendment of the Quartz Hill Road Area Plan. Maps of the area were shown on the Vu Graph and Mr. Keaney noted that the zoning recommended by the Commission and staff are depicted on Exhibit A. He said the basic thrust of the zoning is to allow development to occur to the level provided by the General Plan. Mr. Keaney reviewed the various areas involved, the present and pro-posed zoning, as well as some alternate recommendations which would be consistent with the General Plan. It is the recommendation of the Planning Commission and staff that Council approve RZ-25-84, as depicted on Exhibit A, that the City Attorney be instructed to prepare an ordinance, and that EIR-2-82 be found to adequately address the impacts of the rezoning. John Steinfeld, 2960 Quartz Hill Road, said when the General Plan Amendment was initiated, their intentions were to limit the size of the parcels in accordance with the established development in the neighborhood. He noted that he urged Council, during the General Plan Amendment hearing, to approve 20,000 square foot lots rather than l5,000, in order to maintain the established density. Bradford Blandin on behalf of Evelyn Blandin, l635 Lake Blvd., said his mother is the owner of six parcels in the area. He noted that she owns the parcels which are shown on the existing zoning map as C-l-F, however the western portion of that area should be R-l-B20. He indicated that those parcels were brought into the family in l886. Mr. Blandin stated that in l979, his mother bought the parcel to the north along Quartz Hill Road in order to get the best benefit from the property. Mr. Blandin pointed out that his mother asked to be included in the Sulphur Creek Area Plan in l979 and staff recommended that her request be referred to study during the over-all General Plan update. How-ever, no further response was made to her request and at no time was she told that her property would be directly effected. Mr. Blandin asked that the zoning change not be made on her pro- perties, because the residential use will reduce the use of the land. He also asked that the City show why this parcel could not be desig-nated for neighborhood commercial use. Mr. Blandin said his mother has lived here all her life and felt it is important that she not be threatened by this rezoning. In response to an inquiry from Council Member Gard, Mr. Blandin said the parcel is land locked. Mr. Perry noted that they have the poten-tial of providing access across one of the other parcels. In response to an inquiry from Council Member Pugh, Mr. Blandin indicated that a Bureau of Reclamation easement through the property could be relinquished at the discretion of the local government agency. Mary Steinfeld, 2966 Quartz Hill Road, read a letter of protest from Warren Lytle, 2944 Quartz Hill Road, who was unable to attend this meeting. The letter objected to the R-l-Bl5 zoning in the Quartz Hill Road area. Ms. Steinfeld contended that the proposed R-l-Bl0 zoning would benefit only one person and does not represent the wishes of the residents. Kieth Fontes, 3230 Quartz Hill Road, objected to the zoning along Quartz Hill. He felt there is already too much traffic and the speed limit is too high. He felt an in-depth traffic study should be done before any increase in density is allowed. Mr. Fontes asked that each zoning area should be considered separately. He noted that there is a seasonal creek running through his property which causes increasing erosion problems every year, and with added density, this problem would be much worse. Vi Klaseen, 595 Mary Street, said she has worked in this area for over 20 years. She felt an increase in density would have a great impact on the Buckeye School. She said any decision should be made knowing that the increase in density will cause a significant impact. MOTION: Made by Council Member Gard, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard said she disagrees with staff on the R-l-Bl5 zoning in the Quartz Hill Area. She felt the residents have expressed that they want R-l-B20. In regard to leaving the commercial designa-tion on the Blandin property, Ms. Gard asked if staff has done a needs study for commercial zoning in this area. Mr. Perry advised that this is basically an addition to the Quartz Hill Plan. He said within that area, there are several existing commercial centers which staff has generally considered as meeting the convenience shopping needs of the area. Mr. Perry said it is staff's experience that when excess C-l property exists, it becomes used as multiple family residential and staff does not see the justification of the designation of the C-l zoning. He noted that in order for the Blandin's to develop the property as commercial, a General Plan amendment would be necessary. MOTION: Made by Council Member Gard, seconded by Council Member Pugh, approving Rezoning Application RZ-25-84, by City of Redding, according to Exhibit A, with the exception of the area along Quartz Hill Road which should remain R-l-B20, and instructing the City Attorney to prepare an ordinance. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Pugh certifying that EIR-2-82 adequately addresses the impacts of RZ-25-84. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Public Convenience and Necessity for Taxicab Owner's Permit, by Richard & Robert Riley (T-l00-500) Council Member Pugh abstained from voting on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re public convenience and necessity for taxicab owner's permit by Richard & Robert Riley. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing City Attorney Hays recommended that this matter be continued to February l9, l985, at 7:30 P.M., to allow two additional weeks for the applicant to submit information justifying the need for this permit. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the public hearing re public convenience and necessity for taxicab owner's permit, by Richard & Robert Riley, be continued to 7:30 P.M., February l9, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining CLOSED SESSION (A-050-050) At the hour of 8:20 P.M., Council adjourned to closed session to discuss pending litigation. Council Member Demsher arrived at this time. At the hour of 8:55 P.M., Council reconvened to regular session. PUBLIC HEARING - re Victor Avenue Bridge Assessment District No. l983-9 (A-l70-020-900) Council Member Pugh abstained from voting and discussion on this matter and left the meeting at this time. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Victor Avenue Bridge Assessment District No. l983-9. The following documents are on file in the office of the City Clerk: Certificate of Mailing - Notice of Public Hearing The City Clerk advised that Council has before them numerous letters of protest plus a petition received this evening from homeowners who are in favor of the district. Special Bond Counsel Sperry advised that he has met with staff and Mr. Froslie to address concerns that have been raised. He said he has sent a letter to Council, staff, and the affected property owners addressing those concerns. Steve Hudson, l660 Galaxy Way, referred to his letter of protest dated January 3l, l985. An additional concern, he said, is that the assess-ment will be added to his tax bill and foreclosure proceedings could be started if he is one day late paying his bill. Mr. Hudson pointed out that his mother has been negotiating on 32 lots with Mr. Worley, however nothing has been signed as yet. He said he has also been approached by Mr. Worley about selling a portion of his property, but added that the only time he would consider selling would be to pay the taxes. Mr. Hudson felt the assessment district is unfair and inequit-able. Mr. Hudson said his home is valued at approximately $200,000 and contended that if his parcel were developed with 70-foot-wide lots as suggested, his home would decrease in value dramatically, possibly by $l00,000. He felt the Victor Avenue Bridge will benefit everyone in the City not just a few property owners. Mrs. Don Harris, referred to her letter of protest dated January 3l, l985. She said that in regards to her mother's property (Mrs. Lela Hudson), it should be assessed as it is developed. She said her mother has owned that property for over 40 years and the assessment is unfair and inequitable. Ron Mygrant, one of the property owners in the district, stated that foreclosure proceedings could result for failure to pay, but only after a l50 day period. He emphasized that, while his firm will be paid back through the assessment district for building the bridge, Hoisington and Mygrant will receive no other monies from the project. Mr. Mygrant said they had originally desired a much larger district. He added that the City has taken the position that it would, in the future, provide the other two lanes of Victor Avenue, sidewalks, etc. He said the people in the district have made the bridge possible and the area is better off for it. He emphasized that the assessment district procedure dictates that property owners who have received a benefit must pay for the improvements. John Infusino, 2046 Silverfield Loop, felt that the boundary should be extended. He felt the Victor Bridge has benefitted so many people already. He felt the property owners near where Victor Avenue will go through, should help pay for the bridge. Del Acurso, 667 Gary Court, protested the assessment on his property. He felt his assessment is out of proportion to the other assessments of the same size. Mr. Acurso emphasized that the property between his and Victor Avenue that belongs to the City is not right-of-way but surplus property. He objected to his requirement to provide street improvements since he doesn't have direct access to Victor Avenue. Mr. Acurso said he has discussed acquiring this strip of property with Mr. Arness and Mr. Hays. He said Mr. Hays has indicated that the property is very valuable and would have to be appraised before the City could consider selling it. He felt the profit for the bridge goes back to the two original developers when the lots are sold. Mr. Acurso contended that if he decided to sell his property, the amount of the assessment would have to be deducted from the price. He asked that Council listen to the people and contended that he should not be assessed for the 22-foot strip of property he doesn't own. Lloyd Osgood, said he has a parcel on Victor Avenue and Bramblewood that has a $38,000 assessment. He said he is not sure this district is absolutely fair and equitable but many of these types of projects are necessary because of Proposition l3. He said, when Osgood Con-struction bought the property, it was with the understanding that they could get access to the property. Mr. Osgood emphasized that like his property, the Hudson's property was undevelopable before the bridge and the value of the land is created by the access. He noted that in order to have progress we have to work around and with the results of Proposition l3. Mr. Osgood asked that the City resurrect a provision to reimburse costs at the time of development. He noted that Hoisington and Mygrant have not directly benefitted by this bridge other than being able to develop their property, the same as anybody else who is able to develop their property. Charlie Hoisington, one of the property owners in the district, stated that the Brooks parcel has been purchased by Eckelman and Scarborough. He felt the district is as equitable as possible. He emphasized that the interest for the project is accumulating at about $200 per day which increases the amount of the assessments and it would be well if Council could come to a decision this evening. Lewetta Rhoades, the sales agent for Woodhaven Homes read the names of the property owners who signed the petition favoring the district. She emphasized that the people who signed the petition strongly feel that it would be inequitable to excuse properties that directly benefit from the district. Mrs. Steve Hudson, l660 Galaxy Way, stated that the people who signed the petition are only those who live in an area that is already developed. She emphasized that her property will decrease in value because their home is on a large lot and valued at approximately $200,000, while the district is proposing much smaller lots. Mrs. Hudson felt the bridge is a convenience, not a necessity and the developers should pay the entire cost. She felt that if the City had included all the area which the bridge will serve, it possibly would not have gotten a majority. She emphasized that they have no plans for developing and do not have the money to pay for this assessment. Jerry Nash, developer of the subdivision to the south of the Sewer Treatment Plant, stated that their assessments are $4,000 per lot for the portion of Victor Avenue they were required to build. He said he would gladly trade their assessments for the $l,0l7 per lot assessment for the bridge. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Council Member Fulton stated that he finds it difficult to overrule all the protests at this time. Associate Civil Engineer Hastings advised Council that in regards to the three lots just south of Vega Street which were owned by the Harris's, one of the conditions of the lot split was that the two extra lots being created were to be included in any future assessment districts for building the Victor Avenue bridge. He said inadver-tently the City included all three lots in the district. Mr. Sperry stated that the options available to rectify that error would be for the City to pay into the improvement fund the amount equal to the cash payment for that assessment, or reduce that assess-ment to zero and look for a reduction of costs to absorb that amount. Council Member Gard said that there was a building moratorium in that area until there was a second access. She said the bridge was agreed upon as a way to handle that situation. Ms. Gard emphasized that in an assessment district the City must try to meet the largest single public good and the second access has made a tremendous improvement. Resolution - Overruling Protests MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-28 be adopted, a resolution of the City Council of the City of Redding overruling protests in Victor Avenue Assessment District No. l983-9. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - Pugh Resolution No. 85-28 is on file in the office of the City Clerk. Resolution - Approving Report and Assessment MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-29 be adopted, a resolution of the City Council of the City of Redding approving report and assessments for Victor Avenue Bridge Assessment District No. l983-9. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - Pugh Resolution No. 85-29 is on file in the office of the City Clerk. Council Member Demsher stated that he has agonized over this decision and doesn't feel the district was very well handled by the City. He said it was the reverse order in forming an assessment district and would not vote for another district where the improvements were already installed prior to the formation of the assessment district. MOTION: Made by Council Member Demsher, seconded by Fulton that the matter pertaining to the assessment on the lot south of Vega Street, be referred to staff for resolution. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-ll0-l40) Wine & Spirits Merchandisers, Inc. 3543 Highway 99 South Nello's Place (Nello & Tomiko Miele) 3055 Bechelli Lane #6 Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity Public Utilities Commission: (S-050-350) Application from Pacific Bell for Rate Increase ADJOURNMENT There being no further business, at the hour of l0:l5 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: _______________________________________ Mayor ATTEST: _____________________________________ City Clerk