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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1986-02-03 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California February 3, l986 7:00 P.M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by Pastor Charles Mellor, Rtd., of the Seventh Day Adventist Church. The meeting was called to order by Mayor Kirkpatrick with the follow- ing Council Members present: Fulton, Pugh, and Kirkpatrick. Council Members absent: Demsher and Gard Also present were City Manager Courtney, City Attorney Hays, Director of Public Works Arness, Director of Electric Utility Lindley, Planning and Community Development Director Perry, Director of Finance Downing, Director of Parks and Recreation Riley, Director of General Services Masingale, Senior Planner Keaney, Director of Data Processing Kelley, Housing Administrator Maurer, Senior Associate Planner King, Deputy City Attorney McNeill, City Clerk Nichols, Deputy City Clerk Strohmayer, and Secretary to the City Council Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of January 20, l986 Approval of Payroll and Accounts Payable Register (B-l30-ll0) Recommend that Accounts Payable Register No. l4, check nos. ll0924 through lll28l inclusive, in the amount of $1,036,013.54, be approved and paid, and Payroll Register No. l5, check nos. 2l9572 through 220208 inclusive, in the amount of $557,504.48, for the period January l2, l986, through January 25, l986, be approved. TOTAL: $1,593,518.02 Award of Bid - Trailer Mounted Leaf Loader (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l72l, one (l) trailer mounted leaf loader, be awarded to Giant Vac Manufacturing, Inc., in the amount of $7,367, sales tax included. Resolutions - re Annexation No. 82-3, Eastside Road (A-l50-l44) It is the recommendation of the Planning Director Council make the following findings relative to Annexation No. 82-3, Eastside Road: 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, ratify the Negative Declaration approved by the Board of Adminis- trative Review on September 5, l984. It is further recommended that Resolution No. 86-27 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commis- sion to take proceedings for the Annexation to the City of Redding of inhabited territory designated City of Redding Annexation No. 82-3 (Eastside Road Area). It is further recommended that Resolution No. 86-28 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 82-3 to the City of Redding (Eastside Road Area). Set Public Hearing - Rezoning Application RZ-l9-85, by City of Redding (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., February l8, l986, to consider Rezoning Application RZ-l9-85, by City of Redding. Set Public Hearing - Rezoning Application RZ-20-85, by City of Redding (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., February l8, l986, to consider Rezoning Application RZ-20-85, by City of Redding. Set Public Hearing - Rezoning Application RZ-l-86, by City of Redding (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., March 3, l986, to consider Rezoning Application RZ-l-86, by City of Redding. Set Public Hearing - General Plan Amendment Application GPA-l4-85, by Carl Hoots (G-030-0l0) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., March 3, l986, to consider General Plan Amendment Application GPA-l4-85, by Carl Hoots. Set Public Hearing - Rezoning Application RZ-3-86, by Frank Giordano (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., March 3, l986, to consider Rezoning Application RZ-3-86, by Frank Giordano. Bill of Sale - re Sale of City-Owned Residence at 298l Shasta View Drive (C-070-200) It is the recommendation of the Public Works Director that the City Attorney be authorized to issue a bill of sale for the city-owned residence at 298l Shasta View Drive, in the amount of $3,l27.50. Notice of Completion - Construction of Airport Substation (B-050-020 and E-090-l40-050) It is the recommendation of the Public Works Director that Bid Sched- ule No. l594 (Job No. 960l), construction of the Airport Substation, be accepted as satisfactorily completed by Northern Industrial Elec- tric for the final contract price of $46l,36l and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Construction of Rancho Road l2 kV Distribution Feeder Circuit (B-050-020 and E-090-l60) It is the recommendation of the Public Works Director that Bid Sched- ule No. l608 (Job No. 9432-25), construction of Rancho Road l2 kV Distribution Feeder Circuit, be accepted as satisfactorily completed by Northern Industrial Electric for the final contract price of $2l0,857.48, and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Construction of Additions and Modifications to the Electric Department Building - Phase II (B-050-020 and C-050-200) It is the recommendation of the Public Works Director that Bid Sched- ule No. l678 (Job No. 9567), construction of additions and modifica- tions to the Electric Department Building, Phase II, be accepted as satisfactorily completed by Van Dyke Construction, Inc., for the final contract price of $l56,l72, and that the City Clerk be authorized to file a Notice of Completion. Resolution Accepting Streets and Acceptance of Improvements - Lake Forest Estates Subdivision, Unit No. l, Phase 2 (S-070-230 and S-l00-4l5) It is the recommendation of the Public Works Director that Resolution No. 86-29 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Camelot Court and a portion of Santa Rosa Way in the Lake Forest Estates Subdivision, Unit l - Phase 2. It is further recommended that the improvements in Lake Forest Estates Subdivision, Unit No. l - Phase 2, be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Request for Authorization to Advertise for Bids - Enterprise Swimming Pool Heat Exchanger (B-050-l00 and P-050-700-300) It is the recommendation of the Public Works Director and the Recre- ation and Parks Director that Council authorize staff to advertise for bids to repair the Enterprise Pool heater and related equipment, which cost will be shared on a 50/50 basis with the Shasta Union High School District. The estimated cost is between $l0,000 to $l5,000 and will require a supplemental appropriation. Resolution - re Permit Agreement with Rodney D. Thomas and Marilyn K. Thomas, dba Redding Raceway (C-070-l00 and A-090-l00) It is the recommendation of the City Attorney that Resolution No. 86-30 be adopted, a resolution of the City Council of the City of Redding approving a further one-year permit agreement between the City of Redding and Rodney D. Thomas and Marilyn K. Thomas, doing business as Redding Raceway, for use of the taxiway located east of the runways at Redding Municipal Airport as a "dragstrip," and authorizing the Mayor to sign same. Resolution - re Agreement with Wisconsin-California Forest Products, Inc., Anderson Lumber Industries, Inc., Eugene Sivachenko and Catherine Sivachenko, to Provide Utility Service (W-030-500 and A-l50-l44) It is the recommendation of the City Attorney that Resolution No. 86-3l be adopted, a resolution of the City Council of the City of Redding approving the Agreement to provide utility service entered into between the City of Redding and Wisconsin-California Forest Products, Inc., Anderson Lumber Industries, Inc., Eugene Sivachenko and Catherine Sivachenko, and Authorizing the Mayor to sign same. Resolution - re Extension of Lease Agreement with Shasta-Cascade Wonderland Association (C-070-l00 and P-050-450) It is the recommendation of the City Attorney that Resolution No. 86-32 be adopted, a resolution of the City Council of the City of Redding approving a further one-year lease between the City of Redding and the Shasta Cascade Wonderland Association for the removable public information and exhibit building located in South City Park, and authorizing the Mayor to sign same. Resolution - re Modification and Extension of Bus Bench Contract with Ken Schwartz (B-050-020) It is the recommendation of the City Attorney that Resolution No. 86-33 be adopted, a resolution of the City Council of the City of Redding approving an extension and modification of the contract between the City of Redding and Ken Schwartz for the placement of bus benches along the routes of the Redding Area Bus Authority Buses, and authorizing the Mayor to sign same. Resolution - re Lease/Purchase for Refuse Packers (S-020 and A-050-300-325) It is the recommendation of the City Attorney that Resolution No. 86-34 be adopted, a resolution of the City Council of the City of Redding authorizing the execution and delivery of an equipment lease/- purchase agreement and related instruments between the City of Redding and Maryland National Leasing Corporation. Resolution - Appointing Election Officers and Designating Polling Places for General Municipal Election, April 8, l986 (E-070-050) It is the recommendation of the City Clerk that Resolution No. 86-35 be adopted, a resolution of the City Council of the City of Redding appointing election officers, fixing compensation for said election officers, designating polling places for each election precinct, and designating consolidation of election precincts for the General Municipal Election to be held in the City of Redding on Tuesday, April 8, l986. - - - - 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, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Gard Resolution Numbers 86-27, 86-28, 86-29, 86-30, 86-3l, 86-32, 86-33, 86-34, and 86-35, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request to be Heard from Mr. & Mrs. Chuck Lema - re Placement of Shasta View Drive (Ref: Appeal of Tentative Map, Hacienda Heights) (S-l00-260) Council Member Pugh abstained from discussion on this matter. Chuck Lema, 807 Lema Road, stated that he was not notified of the public hearing held on January 20, l986, pertaining to the appeal of Hacienda Heights Subdivision. He noted that seven of the notices that should have been sent, were not received by himself and other property owners affected by this change. Mr. Lema asked why the placement of Shasta View Drive was changed after the Planning Commission approved the placement down his east property line. He advised that they have a grading permit to start grading on the road; however, the City notified him to stop work. Mr. Lema said the revised placement will split his property. City Attorney Hays advised that he and Deputy City Attorney McNeill met with the affected property owners and determined that they are asking for a rehearing of the matter. He said, if a rehearing is granted, that would be the appropriate time to address the questions posed by Mr. Lema. Mr. Hays advised that the record was reviewed and it was determined that the Clerk's office used the same mailing list that was used for the Planning Commission hearing. He stated that if Council decides to rehear the matter, it should be renoticed and reheard, the same as if it had not been heard before. In response to an inquiry from Mayor Kirkpatrick, Mr. Lema concurred that he is asking for a rehearing on the matter. Mayor Kirkpatrick recommended that, since there are only two Council Members present who can vote on the matter, it may be appropriate to wait until more members are present to vote on the request for rehear- ing. Council Member Fulton concurred. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick that the request for rehearing on the appeal of Hacienda Heights Subdivision, be delayed until the next Council meeting when more members are present. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Amendment to Chapters l8.04 and l8.08 of the Redding Municipal Code to Add Provisions for Allowing Bed-and-- Breakfast Inns in the "R-l" Single-Family Residential District (L-0l0-500-050) The hour of 7:00 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re amendment of Chapters l8.04 and l8.08 of the Redding Municipal Code to add provisions for allowing bed-and-breakfast inns in the "R-l" Single-Family Residential District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated January 29, l986 Planning and Community Development Director Perry reviewed his memo- randum to Council dated January 29, l986. He stated that the Planning Commission has recommended approval of amending Chapters l8.04 and l8.08 to provide for bed-and-breakfast inns in the "R-l" Single-Family Residential District, to provide a definition of such establishments, and to provide a definition of "family." Mr. Perry explained that, under the proposed ordinance, the establish- ment of these inns would be subject to first obtaining a use permit which will be reviewed on a case-by-case basis by the Planning Commis- sion. He explained that subsequent to the Commission's recommendation of approval of the amendments, a question of intent of one of the provisions has arisen. Currently, Condition 2 reads: "The establish- ment shall be operated by the owner of the property." Mr. Perry explained that this wording could be construed as permitting an agent for the property owner to manage the inn, while the owner resides elsewhere. He felt this is not consistent with the intent of the Commission and staff recommends that the following language replace Condition 2, as follows: 2. The establishment shall be owner occupied. It is the recommendation of the Planning Commission and staff that the City Code be amended as outlined, the negative declaration be rati- fied, and that an ordinance be offered for first reading. In response to an inquiry from Council Member Fulton, Mr. Perry advised that this provision is limited to the "R-l" district; however, boarding houses are allowed in the multiple-family district. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick that Council make the following findings relative to amendment to Chapters l8.04 and l8.08 of the Redding Municipal Code: 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 Planning Commission on December l0, l985. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Pugh Absent: Council Members - Demsher and Gard Council Member Fulton offered Ordinance No. l756 for first reading, an ordinance of the City Council of the City of Redding amending Chapter l8.04 of the Redding Municipal Code by adding Section l8.04.l35 and revising Section l8.04.360; and amending Chapter l8.08 of the Redding Municipal Code by amending Section l8.08.030, adding provisions for bed-and-breakfast inns. REAPPOINTMENT - Economic Development Corporation of Shasta County (B-080-l50) It is the recommendation of Mayor Kirkpatrick that Richard Downs be reappointed to the Economic Development Corporation of Shasta County. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that Richard Downs be reappointed to the Economic Development Corporation of Shasta County for a two year term ending March l, l988. The Vote: Unanimous Ayes ORDINANCE - re Amendment of the "R-4" Multiple Family Residential District (L-0l0-500-050) MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that full reading of Ordinance No. l755 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Ordinance No. l755 be adopted, an ordinance of the City Council of the City of Redding amending Chapters l8.l6 and l8.l8 of the Redding Municipal Code pertaining to multiple-family residential (R-4) District and Combining District - R-4 District respectively. Voting was as follows: Ayes: Council Members - Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Gard Ordinance No. l755 is on file in the office of the City Clerk. REQUEST APPROVAL OF SACRAMENTO VALLEY DIVISION OF LEAGUE OF CALIFORNIA CITIES - to Sponsor Council Member Barbara Allen Gard for the Office of Second Vice President of the State League (L-040-l50 and L-040-l50-600) City Clerk Nichols advised that Council Member Gard is requesting Council's approval to accept the nomination of the Sacramento Valley Division of the League of California Cities, to run for the office of Second Vice President of the State League. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton approving the request as stated above. The Vote: Unanimous Ayes AWARD OF BID - Remove, Relocate, and Transplant One (l) 30 Foot Douglas Fir Tree (B-050-l00 and A-050-040) City Manager Courtney advised that bids have been received for the removal, relocation, and transplanting of the 30 foot douglas fir tree to the Civic Auditorium, which will be used as a living Christmas tree. It is the recommendation of the City Manager that Bid Schedule No. l725, be awarded to Nor Cal Trees and Landscape, in the amount of $4,500. Recreation and Parks Director Riley advised that the original location of the tree has been changed to the triangular planter area adjacent to the Civic Auditorium lawn. He advised that the reasons for this change are better accessibility, proximity to water and power, and increased visi-bility. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Bid Schedule No. l725, remove, relocate and transplant one (l) thirty (30) foot douglas fir tree, be awarded to Nor Cal Trees and Landscape, in the amount of $4,500. Voting was as follows: Ayes: Council Members - Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Gard AWARD OF BID - Construction of Airport-Moore 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 28, l986, which is incorporated herein by reference. He stated that Council previously certified EIR-l-83 for the ll5 kV East Loop Transmission Line, which will link the City's two radial sources of power by connecting Canby Substation to Moore Road Substation via Airport Substation. It is the recommendation of staff that the contract be awarded to WICO, Inc., in the amount of $l,060,880. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Bid Schedule No. l725, contract to construct Airport/Moore ll5 kV Transmission Line and l2 kV Feeder Circuit, be awarded to WICO, Inc., in the amount of $l,060,880, and that the Mayor be authorized to sign the necessary documents. Voting was as follows: Ayes: Council Members - Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Gard ORDINANCE - re Amendment of Title l7 of the Redding Municipal Code for Vesting Tentative Maps (A-050-250 and S-l00) Planning and Community Development Director Perry advised that in accordance with Council's instructions, staff has prepared an ordi- nance for introduction dealing with the vesting of tentative maps. The proposed ordinance includes the addition of Section l7.72.l00(b), as discussed in the January l6, l986, staff report to Council. It is the recommendation of staff that the ordinance be offered for first reading. Council Member Pugh offered Ordinance No. l757 for first reading, an ordinance of the City Council of the City of Redding amending Title l7 of the Redding Municipal Code by adding Chapter l7.72 pertaining to vesting tentative maps for residential subdivisions. SALE OF RIVERFRONT PROPERTY - to State Wildlife Conservation Board (C-070-200) Planning and Community Development Director Perry reviewed his memo- randum to Council dated January 29, l986, which is incorporated herein by reference. He stated that on January 25, l986, staff received an offer from the State Wildlife Conservation Board to purchase 6.l acres adjacent to the South Bonnyview bridge for $75,000, subject to their Board's final decision on February 25, l986. Mr. Perry explained that based on conversations with the Department of Fish and Game and State Wildlife Conservation staffs, the intent of the acquisition is to develop the site with a boat ramp, restrooms, and a parking lot using State and Federal funds. Picnic facilities and pedestrian paths to compliment the boat-launching facilities would have to be developed with local funds. He stated that before the Wildlife Conservation Board will commit to developing a project, a local agency (such as the City of Redding) must agree to operate and maintain the facility. It is the recommendation of staff that the property be sold to the Wildlife Conservation Board and that the following conditions be made a part of the property sales agreement: l. The State of California grants the City of Redding the first right of refusal if the State decides to dispose of the property. 2. An agreement is to be entered into stipulating that the intent of this transfer of ownership is to facilitate the development of public recreation facilities (boat launching, fishing access, restrooms, and parking) at this location and that this intent is to be given a high priority in any future development decisions. 3. At their option, the City of Redding shall maintain the ability to develop certain recreation facilities on the site that compli- ment the facilities listed in Item 2 above. Examples include picnic facilities, walking paths, or interpretative kiosks. Development of these facilities shall be subject to the standard Wildlife Conservation Board development agreement and approval by the Wildlife Conservation Board. 4. Development of the property shall be consistent with the Redding General Plan. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh approving the sale of 6.l acres adjacent to the South Bonnyview Bridge, to the State Wildlife Conservation Board, at a price of $75,000, subject to the conditions as listed above. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - February l986 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for February, l986. RESOLUTION - in Support of Changes in the Law Relative to "Deep Pocket" Liability (L-040-300) City Attorney Hays explained that the "Deep Pocket" doctrine as practiced in California has had a devastating effect upon local governments. He stated that an initiative measure called the Fair Responsibility Act of l986 has been qualified for the ballot. It is the recommendation of the City Attorney that a resolution be adopted in support of changing the "Deep Pocket" doctrine. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that Resolution No. 86-36 be adopted, a resolution of the City Council of the City of Redding supporting changes in the law relative to "Deep Pocket" liability. Voting was as follows: Ayes: Council Members - Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Gard Resolution No. 86-36 is on file in the office of the City Clerk. CLAIM SETTLEMENTS City Attorney advised that the following claims have been settled by the City Insurance Carrier: (C-090-l00) James Arzie - Claim for Personal Injury filed 5/29/8l Settled in the amount of $25,000 Liese Heimbuch - Claim for Personal Injury filed 2/29/84 Settled in the amount of $7,000 No action was required on this matter. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-ll0-l40) Big Al's (Delorise Pancake) 5200 Churn Creek Rd., Ste. L Redding Cannery Sale 2800 Bechelli Lane Riverview Market (Ben Wagner, Larry Manahan) 3280 Bechelli Lane Riverview Market (West Side Markets, Inc.) 3280 Bechelli Lane Department of Food and Agriculture: (S-050) Statement re Apple Maggot Eradication Project Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity Notice of Public Hearing: (S-050-070) CHP Transportation of Radioactive Material REQUEST FOR CLOSED SESSION City Attorney Hays requested that Council adjourn to closed session to discuss pending litigation. (C-090-l00 and C-070-0l0) At the hour of 7:35 P.M., Mayor Kirkpatrick declared that, pursuant to California Government Code Section 54956.9(a), Council will adjourn to closed session to discuss pending litigation concerning City of Anderson et al vs. City of Redding et al; and, pursuant to Section 54956.8, Council will adjourn to closed session to discuss the pur- chase of the Evergreen Helicopter property adjacent to the Redding Municipal Airport. At the hour of 8:40 P.M., Council reconvened to regular session and the Mayor announced that, as a result of the closed session, there would be no action. ADJOURNMENT There being no further business, at the hour of 8:40 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: __________________________________ City Clerk