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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1986-05-19 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California May l9, l986 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The meeting was called to order by Mayor Fulton with the following Council Members present: Carter, Dahl, Johannessen, and Fulton. Council Members absent: Gard Also present were City Manager Courtney, City Attorney Hays, Director of Public Works Arness, Planning and Community Development Director Perry, Resources Manager Coleman, Director of Finance Downing, Direc- tor of General Services Masingale, Associate Civil Engineer Aasen, Senior Planner Keaney, Director of Personnel Services Bristow, Direc- tor of Utilities/Customer Services Vokal, Housing Administrator Maurer, Senior Associate Planner King, Airports Director Homan, Accountant Manager Sundin, Deputy City Attorney McNeill, Assistant Airports Director Orr, 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 May 5, l986 Approval of Payroll and Accounts Payable Register (B-l30-ll0) Recommend that Accounts Payable Register No. 2, check nos. ll3377 through ll37l7 inclusive, in the amount of $2,054,305.80, be approved and paid, and Payroll Register No. 2l, check nos. 224038 through 2247l0 inclusive, in the amount of $546,381.50, for the period April 20, l986, through May 3, l986, be approved. TOTAL: $2,600,687.30 Treasurer's Report - April 30, l986 (B-l30-l50) Total Treasurer's Accountability - $22,648,l30.l8 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $l02,988,l3l.40 Award of Bid - Body Armor Vests (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l754, body armor vests, be awarded to American Body Armor Equipment in the amount of $l3,9ll.02. Award of Bid - Portable Closed Circuit Television Inspection System (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l755, portable closed circuit television inspection system, be awarded to PLS International, in the amount of $l7,723.20, including sales tax. Award of Bid - Relay and Control Panels (B-050-l00) It is the recommendation of the City Manager that Bid Schedule No. l758, relay and control panels, be awarded to ASEA Electric, Inc., in the amount of $93,l55.20. Set Public Hearing - Rezoning Application RZ-6-86, by James Lewis (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., June 2, l986, to consider Rezoning Application RZ-6-86, by James Lewis. Set Public Hearing - re Amendment to Municipal Code, "FP" Floodplain Combining District (Finished Floor Elevation) (L-0l0-050 and L-0l0-500-050) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., June 2, l986, to consider amendment of Section l8.47.070 (l) of the "FP" Combining District, to address setbacks and finished lot and floor elevations outside the l00-year floodplain. Resolution Setting Public Hearing - Abandonment Application A-2-86, by Brian Burk (A-0l0-040) It is the recommendation of the Planning Director that Resolution No. 86-l08 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon the 84-foot unimproved road and utility easement located on property at 2500 Tarmac Road (A-2-86), and setting a public hearing for 7:00 P.M., June l6, l986. Resolution Setting Public Hearing - Abandonment Application A-3-86, by D.B.L., Inc. (A-0l0-040) It is the recommendation of the Planning Director that Resolution No. 86-l09 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a five-foot portion of a public utility easement located at l475 Edgewood Drive (A-3-86), and setting a public hearing for 7:00 P.M., June l6, l986. Resolution Setting Public Hearing - Abandonment Application A-4-86, by L. C. Ashcraft (A-0l0-l00) It is the recommendation of the Planning Director that Resolution No. 86-ll0 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon the unimproved street right-of-way adjacent to ll84 Twin View Boulevard (A-4-86), and setting a public hearing for 7:00 P.M., June l6, l986. Award of Bid - 42-Inch Chain Link Fence Installation at Benton Airpark (B-050-020 and A-090-020) It is the recommendation of the Public Works Director that Bid Sched- ule No. l763, 42-inch chain link fence installation at Benton Airpark, be awarded to Northwest Fence, Inc., in the amount of $7,326.40. Resolution - Authorizing Application for a Grant for the Community Crime Resistance Program (G-l00-l70 and P-l50-l50) It is the recommendation of the City Attorney that Resolution No. 86-lll be adopted, a resolution of the City Council of the City of Redding authorizing application for a grant for Community Crime Resistance Program under the l982 Statutes for Community Crime Resis- tance. Resolution - Supporting Proposition 44, the Water Conservation and Water Quality Bond Law of l986 (L-040-300) It is the recommendation of the City Attorney that Resolution No. 86-ll2 be adopted, a resolution of the City Council of the City of Redding supporting Proposition 44 which places before the voters of California on June 3, l986, a bond measure to provide funding for voluntary, cost-effective water conservation programs, groundwater recharge facilities, and agricultural drainage water treatment and containment works. Resolution - Supporting Proposition 43, Community Parklands Act of l986 (L-040-300 and P-050) It is the recommendation of the Recreation and Parks Director that Resolution No. 86-ll3 be adopted, a resolution of the City Council of the City of Redding supporting Proposition 43 which places before the voters of California June 3, l986, a bond measure to provide funding for parks and recreational development, restoration, land acquisition and other related purposes. MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members Carter, Dahl, Johannessen, and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution Numbers 86-l08, 86-l09, 86-ll0, 86-lll, 86-ll2, and 86-ll3, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request from Tenney Construction Company - re Park Site Improvement and Sale of Aggregate Pitage (C-070 and P-050) A letter was received from Eugene Tenney of Tenney Construction Company, Inc., referring to a City-owned fishing area adjacent to Tenney Rock and Sand property on Laytona Road. He requested that the City consider improving the area for a park site. With the concurrence of Council, Mayor Fulton referred this request to the Property Review Committee. Request from United Way - re Use of City Property for Service Center (C-070-l00) A letter was received from the United Way of Northern California seeking the use of a piece of City property on which we might locate a modular building to serve as their United Way Service Center. With the concurrence of Council, Mayor Fulton referred this request to the Property Review Committee. Letter of Support from the Private Industry Council - re Formation of a Downtown Parking and Business Improvement District (G-l00-l70) A letter was received from the Shasta County Private Industry Council in support of the proposed Downtown Parking and Business Improvement District, and asking for the City's favorable consideration of the District. Council Member Johannessen asked what stage the District is in right now. City Attorney Hays advised that petitions are still being circulated. He added that this letter is merely an expression of P.I.C.'s interest and may affect others in arriving at a decision. MOTION: Made by Council Member Johannessen, seconded by Council Member Carter that the proposed Downtown Parking and Business Improve- ment District is a very worthwhile project and is supported by the City of Redding. The Vote: Unanimous Ayes Request from Downtown Mall Association - re Closure of California Street for Downtown Activities (M-0l0-200-400) A letter was received from the Downtown Mall Association requesting the closure of California Street and the alley on the California Street side of the Downtown Mall, to conduct an outdoor street fair, land a biplane, helicopter, and skydivers, and to hold an auto cross. Mayor Fulton asked the City Attorney if he thought these are feasible activities to conduct on City streets. Mr. Hays advised that he has some concerns about liability and felt there would have to be some cooperation with Cal-Trans on the closure of California Street. He said the insurance situation will have to be worked out to spread the risk so that the City isn't suffering all the risks. Mr. Hays in- dicated that it is difficult to evaluate the situation without all the particulars. He felt the alley closure can be accommodated by placing barricades which could be moved for fire and police vehicles. Mayor Fulton said the request needs more study and the Downtown Mall Association Chairperson needs to work with the City Attorney about liability and the need for Cal-Trans cooperation. He asked that the City Attorney report back at the next meeting about the findings. Council Member Carter said he has some concerns about the skydivers, and the airplane. Council Member Johannessen pointed out that a lot of preparation is involved with these activities and Council needs to move forward as quickly as possible. Mayor Fulton asked the City Attorney to contact each Council Member when the facts are compiled and possibly a telephone survey could be conducted on the matter. Mr. Hays advised that he would and, if necessary, a special meeting will be called. Request from John Sudarma of Copyman, Inc. - re Council's Decision on the Cogeneration Plant (E-l20-300) A letter was received from John Sudarma of Copyman, Inc., asking for reasons why the proposal to build the Camage Cogeneration Plant was voted down by the City Council. Mayor Fulton suggested that Electric Director Lindley be instructed to draft a letter to Mr. Sudarma, for Council approval. Council Members Dahl and Carter said they would also reply indi- vidually to Mr. Sudarma. Letter from Redding Optimist Club - Fire Works Display (B-l30-030) A request was received from the Redding Optimist Club for financial support of the cost of the l986, Fourth of July fireworks display at Lake Redding Park. In response to an inquiry from Mayor Fulton, City Manager Courtney advised that $2950 has been set aside for this program in the prelimi- nary l986-87 budget. Council Member Johannessen this is an important event which should be supported and provides a lot of joy to the citizens of Redding. MOTION: Made by Council Member Johannessen, seconded by Council Member Carter that $3500 be allocated to the Redding Optimist Club for Fourth of July fireworks. The Vote: Unanimous Ayes Letter from Wendy's Hamburgers - re Improvements in Median Area of South End of Hilltop Drive (S-070-l00) A letter was received from Wendy's Hamburgers requesting improvements such as sod, plants, or trees in the median area on south Hilltop Drive, which is under City control. He felt it is important to put the best foot forward to the thousands of visitors to Redding annu- ally. Planning and Community Development Director Perry advised that the Redevelopment Agency has a plan for improvements in this location; however, it won't occur until the seventh year of the redevelopment plan, which is five years away. Alan Guinn, 600 Rafael, emphasized that the suggested improvements will benefit many businesses in the south Hilltop area. He stated that visitors form lasting impressions when they see this area and added that the street is not well marked. He pointed out that people who are unfamiliar with the roadway turn the wrong way. Mr. Guinn asked that the City investigate the possibility of sodding the median. Council Member Carter said he would like to see something done on that street and agrees there is a lot of confusion there. He prefers that the City and the business in the area share the cost of the improve- ments. Mr. Perry advised that other property owners are absentee. He felt it is a worthwhile project and is appropriate for the City to look into the situation. He suggested he be directed to work with Mr. Guinn to locate property owners and determine their interest in the project. Council Member Johannessen was concerned about truck traffic crossing over the landscaping or sod and suggested making the median part of the street. Mr. Perry said that it would be possible to make a four-lane street with a left turn lane down the middle. He did not feel it would be necessary and advised that staff has some sketches to work with. He does not expect trucks to be a problem once it is finalized. With the concurrence of Council, Mayor Fulton asked for a report back from the Planning Director in one month. Communication from Rick Mason - re Proposed P.O.P. Community Garden Site on Parkview Avenue (C-070-l00) A letter was received from Rick Mason, 38l Parkview Avenue, addressing the issues and concerns that the residents have about the possibility of the People of Progress leasing the now vacant property at 380 Parkview Avenue. Mr. Mason was present and advised Council that he has no problem with the gardens going in and felt they would be a benefit to many people. He said his concern is about parking for the gardens. He said pres- ently there is no turn around area where Parkview dead ends. Mr. Mason emphasized that there is room on the property for off-street parking. He said they have had a lot of trouble with transients, people camping and partying in that area and hoped that the community gardens may help to clean that up. He asked to meet with Council Members or staff to tour the property. Mr. Mason pointed out that there is an existing driveway to the property. Mr. Perry showed a Vu Graph of the area showing the proposed bound- aries and parking area. He felt it would be good to take Mr. Mason to the property, and pointed out that the parking would be off-street. With the concurrence of Council, Mayor Fulton said he would meet with Mr. Perry, Mr. Mason, and a representative from P.O.P. to tour the property. Application for Additional Taxicab Permits - James Fennel (ABC Cab Company) (T-l00-500) It is the recommendation of the City Clerk that a public hearing be set to consider the public convenience and necessity concerning an appli-cation by ABC Cab Company for eight additional taxi cab permits. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl that a public hearing be set for 7:00 P.M., June 2, l986, to consider the above request. The Vote: Unanimous Ayes SHASTA VIEW DRIVE EXTENSION ASSESSMENT DISTRICT NO. l986-l (A-l70-050-675) Special Bond Counsel Sperry submitted the following documents for filing and adoption: Resolution of Intention MOTION: Made by Council Member Dahl, seconded by Council Member Carter that Resolution No. 86-ll4 be adopted, a resolution of the City Council of the City of Redding of intention pertaining to the Shasta View Drive Extension Assessment District No. l986-l. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll4 is on file in the office of the City Clerk. Resolution Directing Recording of Boundary Map MOTION: Made by Council Member Dahl, seconded by Council Member Carter that Resolution No. 86-ll5 be adopted, a resolution of the City Council of the City of Redding directing recording of the boundary map in Shasta County pertaining to the Shasta View Drive Extension Assess- ment District No. l986-l. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll5 is on file in the office of the City Clerk. UPPER CHURN CREEK/HARTNELL AVENUE/HENDERSON ROAD REASSESSMENT DISTRICT NO. l986-2 (A-l70-050-800) Special Bond Counsel Sperry advised that this is a refinancing pro- ceeding to sell new bonds and take advantage of lower interest rates. He noted that the City's Accountant Manager Karen Sundin worked very diligently on this project and as a result, was able to get some very nice proposals. He submitted the following documents for filing and adoption: Resolution Approving Agreement for Legal Services MOTION: Made by Council Member Carter, seconded by Council Member Dahl that Resolution No. 86-ll6 be adopted, a resolution of the City Council of the City of Redding approving Agreement for Legal Services pertaining to Upper Churn Creek/Hartnell Avenue/Henderson Road Reas- sessment District No. l986-2. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll6 is on file in the office of the City Clerk. Resolution Approving Contract Employing Managing Underwriter MOTION: Made by Council Member Carter, seconded by Council Member Dahl that Resolution No. 86-ll7 be adopted, a resolution of the City Council of the City of Redding approving contract employing managing underwriter for Upper Churn Creek/Hartnell Avenue/Henderson Road Reassessment District No. l986-2. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll7 is on file in the office of the City Clerk. Resolution of Intention MOTION: Made by Council Member Carter, seconded by Council Member Demsher that Resolution No. 86-ll8 be adopted, a resolution of the City Council of the City of Redding of intention to conduct reassess- ment proceedings pursuant to the Refunding Act of l984 for l9l5 Improvement Act bonds for Upper Churn Creek/Hartnell Avenue/Henderson Road Reassessment District No. l986-2. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll8 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Use Permit UP-4l-86, by Gus Vasilakis (L-0l0-390) Council Member Johannessen abstained from voting and discussion on this matter. The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re appeal of Use Permit UP-4l-86, by Gus Vasilakis. 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 Planning and Community Development Director Perry reviewed his memo- randum to Council dated May l5, l986. He stated that the Planning Commission voted unanimously to require an EIR for UP-4l-86, on property located at l473 Dana Drive. The applicant is proposing to develop a l44-unit apartment project in a "U" Unclassified District, and incorporating a 24-percent density bonus into the project. Mr. Perry advised that subsequent to the Planning Commission decision, the applicant, Mr. Vasilakis, appealed that decision to the City Council. Mr. Perry explained that the General Plan allows ll5 units on the property; however, pursuant to Government Code Section 659l5, the applicant is also requesting a 25-percent bonus density in conjunction with reserving units for moderate income tenants. Mr. Perry indicated that both the Planning Commission and staff expressed concern with granting the 25-percent bonus based on several procedural issues as well as the environmental impacts. He reviewed the areas of concern. It is the recommendation of staff that the appeal be denied. He pointed out that if the Council does not concur with the recommenda- tion to require an EIR, there are several options as follows: l. Authorize preparation of a negative declaration and refer the use permit back to the Planning Commission. 2. Deny the project. In response to a question from Council Member Dahl, Mr. Perry advised that the City has granted the 25% bonus increase on two projects--the Sandpointe Apartment project and the project immediately to the east of the Hilltop retirement facility. He said the rationale used by the Planning Commission to require an EIR on the Vasilakis project is that they felt the environmental impacts were greater than the other two projects. Mr. Perry said the Commission felt they needed to look at sewer connections and increased traffic. Gus Vasilakis, l62l Cascade Lane, addressed the concerns expressed by the Planning Commission. He asked that Council authorize a negative declaration and contended that the general conditions of his request are no different than for the EIR that was prepared for the General Plan Amendment in l984. Mr. Vasilakis claimed that no one in the Planning Department raised objections to his proposal until one day prior to the Planning Commission meeting; prior to that the project design and density had never been an issue. Mr. Vasilakis referred to the Density Bonus Act, originally enacted in l979, and felt there are no grounds for denial according to this law. He referred to the Sandpointe development and said this law came to his attention six months after the Planning Commission granted the increase, and it was a year and a half after that he applied for the increase. Mr. Vasilakis objected to the statement from the Housing Administrator that the current market rent for a 2-bedroom unit in Redding is approximately $325. He contended that new units start at $375 to $440 and up. Mr. Vasilakis also questioned the contention that the project exceeds the density allowed by the General Plan. He said the General Plan density is not an issue here and felt there are many other requests and exceptions made daily. Mr. Vasilakis stated he cannot address the merits or downfalls of the law. He said no one else has requested bonus units in that area and over half of the land is in the process of being developed. He emphasized that they modified their plans to include enough one bedroom units so that the total number of people would be 40 less than it would have been for l40 two bedroom units. Mr. Vasilakis stressed that this is not the time to consider the merits of the law and felt it should be applied in a fair manner as long as it exists. He asked Council to judge the request on its own merits. Mr. Vasilakis concluded by stated that no previous request for bonus units has ever been opposed or refuted by the Planning Commission. He said the number of people on the subject property will be less under our plan and the impact will be less than if they stayed with the Planning Commission's recommendation of ll5 units. Len Wingate, attorney representing Mr. Vasilakis, said the study conducted by Mr. Vasilakis concerning rents charged for one bedroom apartments, was made in connection with the General Plan Amendment which was done in l984. He emphasized that this study was included as part of the record for this GPA and it was determined at that time that there was no significant effect on the environment. Mr. Wingate explained that a year later, Mr. Vasilakis found that he could apply for the bonus units. He went through the initial application proce- dure and a negative declaration was prepared. Mr. Wingate advised that the Planning Commission determined that an EIR should be pre-pared. He said he appealed that decision because no factual need was presented and pointed out that the information before the Planning Commission and staff was already quite significant (sewer, water, traffic). He felt the concern by staff is that Mr. Vasilakis' request will open a floodgate of activity which will potentially increase the impact on sewer, traffic, and water. Mr. Wingate stated that the cumulative effect has not been identified. Mr. Wingate suggested that an RM 9 or RM l2 zoning classification could be applied to this property and the number of bedrooms proposed by Mr. Vasilakis is less than it would be under the RM 9 zoning. He said the primary reason for this appeal is that no significant adverse impact has been identified and all issues involved with this project have already been studied. He said nothing new is proposed that wasn't proposed in l984. Mr. Wingate requested that the appeal be upheld and that Mr. Vasilakis be allowed to develop the property as requested and that the Planning Department be directed to proceed with the lot split application. He noted that the application must be referred back to the Planning Commission anyway because no conditions were applied to the Use Permit. Mr. Dahl asked the Planning Director how the other bonus unit projects were different from this. Mr. Perry advised that the Planning Commis- sion and staff recommended approval of the Sandpointe project, but it was on a much larger parcel. He said the Planning staff recommended denial of the project on Hilltop but the Commission chose to approve it. Mr. Perry emphasized that staff felt that the applicant had repre- sented l2 units per acre for the project and the environmental studies were based on l2 units per acre maximum. He said the Planning Commis- sion said any higher density would require an EIR. He added that the Planning Commission did not amend the General Plan for Mr. Vasilakis' property only but for all properties in the area and environmental studies were done accordingly. Peter Irish, Nicolet Lane, said he does not know the applicant and had no intention to speak on this, however it provides an opportunity for new Council Members and Mayor to do something to set a new direction. He said the applicant's situation is typical of many and the situation warrants an investigation to find out if staff had the application for six months. He said the staff report only brings out the negative aspects of the project and asked that Council put a stop to this ill-considered and unwarranted manipulation of the land use process. He felt Council should enable this upstanding citizen to move his project forward. Mr. Irish remarked that this Council has the oppor- tunity to fulfill the reason they were elected. MOTION: Made by Council Member Carter, seconded by Council Member Dahl that the public hearing be closed. The Vote: Unanimous Ayes Mr. Perry stated that Mr. Vasilakis' application was received on March 5, l986, referred from the Board of Administrative Review on March 26, l986, and considered by the Planning Commission on April 8, l986. He noted that the Planning Commission doubled the density on that pro- perty in l984, and now you have a request to increase the density even more. Mr. Perry replied to a question from Council Member Dahl, that the applicant qualifies for the density bonus units--his only question is, has there been adequate environmental review. In reply to an inquiry from Mr. Carter, Mr. Perry advised that no problems have been reported on the projects that have received the density bonus units; however, staff has not done a new traffic analy- sis. Mr. Perry emphasized that the key issue is that the project was represented as a l2 unit-per-acre project and was processed on that basis. He said no studies have been done on what would be the effect of the additional units. MOTION: Made by Council Member Carter, seconded by Council Member Dahl that the appeal be upheld and that a negative declaration be prepared. The Vote: Unanimous Ayes Council Member Dahl recognized the concerns about the law and asked if it would be appropriate to express these concerns to our State represen-tatives. Mr. Perry said the Planning Commission wants to discuss that. Mr. Dahl explained that the law is, in essence, the reason he voted that way. PUBLIC HEARING - re Resolution of Public Convenience and Necessity for the Acquisition of 3950 Sunflower C-070-0l0) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re resolution of public convenience and necessity for the acquisition of 3950 Sunflower. City Attorney Hays reviewed his memorandum to Council dated May l3, l986. He stated that the Latter Day Saints Church was required to dedicate property to the City for street and utility purposes. He said a portion of the roadway called Sunflower was to be so dedicated. Mr. Hays explained that the Church, in an attempt to accomplish this act, received from the property owners, the Ferreros, a deed which resulted in the granting of an easement to the Church, instead of a dedication to the City of Redding. He said since the roadway is a public street, it is necessary that the City possess the easement. It is recommended that Council approve a Resolution of Public Conve- nience and Necessity. Mr. Hays explained that if the resolution is adopted, it will be incumbent upon the Church to proceed with the action to acquire the property in its proper form so that the public portion of Sunflower is held in the name of the City of Redding. MOTION: Made by Council Member Carter, seconded by Council Member Dahl that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Carter, seconded by Council Member Dahl that Resolution No. 86-ll9 be adopted a resolution of the City Council of the City of Redding finding that public convenience and necessity require the acquisition of certain real property interests for public improvements, to wit, utility and street purposes (Julia Ferrero, Marie Ferrero, Mario Ferrero and Charles J. Ferrero). Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-ll9 is on file in the office of the City Clerk. PROPOSED RELOCATION OF UTILITY CUSTOMER SERVICE FUNCTION (A-050-l35-600) City Manager Courtney advised that on April 2l, l986, the City Council considered a proposal to relocate the Utility Customer Services function from the City Hall to the former Moty and Van Dyke/California Parts and Equipment building across from the Downtown Mall, and the matter was continued for further study. Mr. Courtney explained that the lessor, Tri-Counties Bank, is willing to include a provision in the lease agreement that would give the City the option to vacate the lease at any time after the third year after having given l2 months prior notice. He reviewed the other provisions of the proposed lease and emphasized that he felt the lease schedule is equitable. Mr. Courtney pointed out that, with the ability to terminate the lease after the third year, the City will have the flexibility which will accommodate efficient consolidation of depart- mental functions in a new administration building when it is ready for occupancy. Mr. Courtney emphasized that the need to relocate the Utility Customer Services function is immediate; and it is the request of staff that Council approve this interim move so that the City Attorney can proceed with the development of an acceptable lease agreement. Council Member Carter said he has gone to look at the proposed facil- ity and feels it would accommodate the Utility Department. He said the crowding at City Hall is acute and something needs to be done. Council Member Johannessen said he has problems with moving the Utility Department away from City Hall, mainly from a management standpoint. He is also concerned about the costs involved for new equipment and the cost of relocation. He felt the office at City Hall could be expanded to be adequate, although cramped. In response to an inquiry from Council Member Carter, Mr. Courtney said he does not visualize that new equipment will be needed other than additional telephones. He said new CRT's would be added in the present location if there was room. Council Member Johannessen asked for a cost estimate for the move. Mr. Courtney advised that there are no precise figures at this time, but the same furniture that is presently being used will be moved and he sees no substantial furniture purchases necessary at this time. Mayor Fulton commented that the Utility Department is one of the fastest growing and most customer-oriented departments in City Hall. He said it is very small area and completely inadequate to handle the amount of activity. Dr. Fulton felt this is a justifiable expense. Council Member Johannessen emphasized that he is not necessarily opposed to this proposal but he likes to know the costs involved when something is done. MOTION: Made by Council Member Carter, seconded by Council Member Dahl approving the relocation of the Utility Customer Services to the former Moty and Van Dyke/California Parts and Equipment building, and instructing the City Attorney to proceed with the development of an acceptable lease agreement. The Vote: Unanimous Ayes APPLICATION FOR RECORDS MANAGEMENT AWARD (A-050-055-750) City Manager Courtney reviewed his memo dated May l5, l986. He submitted to Council an application for the Olsten Award in connection with the City's Records Management Program. Mr. Courtney said the City Clerk deserves a great deal of credit and recognition for the achievement of this program. He explained that the Olsten Award is a prestigious award, and is one of the highlights each year at the national meeting of the Association of Records Managers and Adminis- trators (ARMA). It is the recommendation of the City Manager that the City Council endorse this application and that a letter of endorsement be prepared for the Mayor's signature. Council Member Dahl commented that the Council and community should be proud of the City Clerk and her staff. MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen endorsing the City Clerk's application for the Olsten Award. The Vote: Unanimous Ayes APPEAL OF GRADING PERMIT APPLICATION NO. 85-059 - by Robert Spaid (A-070-055) Planning and Community Development Director Perry explained that following the close of the public hearing on May 5, l986, the City Council continued consideration of this item to allow more time to review the information presented at the hearing. He said the options available are as follows: l. Find the application consistent with the "Greenway" designation. 2. Find the fill inconsistent with the "Greenway" designation. Mr. Perry attached excerpts on General Plan consistency, and sum- marized by saying that the argument of the applicant is that the City has allowed fill to occur in floodplain and "Greenway" areas before and that this is a similar project. The argument of the Planning Commission and staff is that this is a submerged area the year around and that, other than reshaping or wildflife enhancement in Motel Lake, all fills since the General Plan consistency requirement was enacted and have been above the low waterline. Gary Stacy, from the California Department of Fish and Game, said they have been involved with this project have have looked at the various implications. He referred to a letter to the Mayor dated May l9, l986, expressing the concerns of the Department of Fish and Game. He said they are concerned that this issue not be looked at individually, but for the future of Kutras Lake. Mr. Stacy commented that this proposal is basically to take care of an insurance liability. He felt there are other physical ways to reduce the liability. Mr. Stacy pointed out that the main body of water is valuable as rearing habitat for juvenile salmon, guls, and other wildlife, and recommended caution in any decisions concerning this area. He also pointed out that the larger part of the Lake is in the public trust, and asked how that an existing public trust be given up for an open space easement. He suggested that the Council look at the long term and what the City could do with the area. Kurt Reichel, representing Bob Spaid, said all the issues brought out by Mr. Stacey will be brought forth at some future time. He reminded Council that the only thing before them at this time is whether or not the fill will be allowed and if it is consistent with the General Plan. Council Member Carter said he has followed this for years. He felt it is an emotional battleground, especially since the swimming area has been open to public access. He added that development in the area has been piecemeal. Mr. Carter felt there is a community consensus that some plan needs to be formed. He concurred with the Planning Commis- sion and staff that this is a Greenway and should not be filled. Mr. Carter said it would be improper to allow the fill. He suggested getting appraisals on the property and offer to buy the area at fair market value. Council Member Dahl pointed out that previous fill in the Greenway has been in dry non-submurged areas. He felt the proposed fill is incon- sistent with the General Plan. Council Member Johannessen said his previously stated feelings on the matter still stand. He said he understands the desire to keep the area in the pristine state that it is and he wishes it could be so; however, he felt the City has been amiss in not coming up with a plan to allow the development of the property. Mr. Johannessen said he sees no particular danger in filling in the swimming hole. He said the right of the individual property owner, who has paid taxes on the property for many years, is his main concern. Mr. Johannessen pointed out that the City has the right to take the property, but it also has the responsibility to buy it at fair market value. He emphasized the need for a master plan for the area and added that some decisions need to be made. Mayor Fulton felt the matter of General Plan consistency is an over-- simplification of the situation. He pointed out that the area is not a natural area but is all man-made. Mayor Fulton noted that if the City does obtain the property, it still has the responsibility of doing something with the swimming hole. MOTION: Made by Council Member Carter, seconded by Council Member Dahl that Grading Permit Application No. 85-059, by Robert Spaid, is inconsistent with the Greenway Designation of the General Plan. Voting was as follows: Ayes: Council Members - Carter and Dahl Noes: Council Members - Johannessen and Fulton Absent: Council Members - Gard This motion died for lack of a majority vote. City Attorney Hays advised that since the vote is split two to two, the Planning Commission's finding of inconsistency prevails at this time. PARK MARINA DRIVE SPECIFIC PLAN AND PROPERTY ACQUISITION (C-070-0l0 and C-070-0l0-095) Planning and Community Development Director Perry advised that at the regular meeting of May 5, l986, the City Council directed the staff to prepare a scope of work for a specific plan along Park Marina Drive. He submitted a draft scope of work, examples of similar plans, and a summary description of a specific plan. Mr. Perry stated that the cost of the plan depends on the detail sought, whether or not a market study is included, and the amount of area included. He noted that the cost for a specific plan can be recovered by charging a special fee to people developing in the area of the plan. He said, depending on the amount of detail and the area included, the cost would range from $50,000 to $l00,000. Mayor Fulton pointed out that the plan seems vague. Mr. Perry stated that staff does not know what the end product will be at this time. He said there is not a pre-conception on the part of staff and the City needs to explore the possibilities that could occur. In reply to a question from Council Member Dahl, Mr. Perry stated that it is the option of the Council to decide if it wishes to form a citizens committee. He pointed out that the Planning Commission would have to make a recommendation to the City Council. Council Member Johannessen asked if local engineering firms could be used to cut down on costs. Mr. Perry noted that the bid proposal will probably produce local and non-local bids, and said the market will determine that. City Manager Courtney emphasized that there is a broad area of alter- natives to follow and staff needs direction on how rapidly to proceed, and how large an area to include. Council Member Johannessen said the area in question lies central from State Highway 299 to the north and Cypress Street to the south. He felt the job should be done as quickly as possible. Council Member Carter concurred that the process should be expedited. Mr. Perry said he would amend the scope of work and send out for bid proposals. He noted that there is $30,000 in his budget request for this purpose and anything above that would have to be approved sepa- rately. Council Member Dahl said this area has been a source of competing interest--private property rights versus the public interest. He said the area looks as it does today because of Bob Spaid and is a focal point of community pride. He emphasized that it is time for Council to address the issue. MOTION: Made by Council Member Dahl, seconded by Council Member Carter that staff be directed to: l. obtain an appraisal of Kutras Lake and the undeveloped land bordering the lake, which will allow the City to purchase the property for a fair price, 2. interview and select a consultant to prepare a specific plan, 3. and, authorize the Mayor to appoint a citizens committee including property owners in the area. The Vote: Unanimous Ayes REQUEST FROM SHASTA DAM AREA PUBLIC UTILITY DISTRICT TO MEET WITH THE CITY COUNCIL (G-030-l50) A letter was received from the Shasta Dam Area Public Utility District requesting a meeting with the City Council about some areas of concern that may require coordination between the two agencies, specifically concerning orderly development of areas within the City's sphere of influence. Mr. Perry suggested that staff be directed to meet with the District to coordinate an agenda and establish several possible meeting dates. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl that the request be referred to staff. The Vote: Unani- mous Ayes ANNEXATION REQUEST NO. 86-6 - Wooded Acres South (A-l50-l86) Planning and Community Development Director Perry submitted signed petitions requesting annexation to the City of Redding from l96 property owners representing 67% of the parcels in the Wooded Acres South subdivision. He noted that the petition is conditioned on the provision that there would be no charges for City power and water systems. It is the recommendation of staff that Council refer this request to departments for review and comment and to the Board of Administrative Review for an environmental determination. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl approving the recommendation of staff as stated above. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-l3-85 - Redding Highlands (S-l00-623) Council was advised that the Planning Commission has granted permis- sion to subdivide 25 acres into 59 single-family lots, located generally east of Churn Creek Road, east and west of Plum Lane, and south of College View Drive, described as Tentative Subdivision Map No. S-l3-85, Redding Highlands. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval. This was an information item. REQUEST TO SELL BEER AT MOTO-ONE MOTORCYCLE RACES - Shasta Lake Lions Club (A-ll0-l00) Airports Director Homan advised that the Shasta Lake Lions Club has requested permission to sell beer at the Moto-One motorcycle race June 2l and 22, l986, at Redding Municipal Airport. He noted that appro- priate ABC license will be required. It is the recommendation of the Airports Commission and staff that Council approve the request as stated above. MOTION: Made by Council Member Johannessen, seconded by Council Member Carter that Council approve the request of the Shasta Lake Lions Club as stated above. The Vote: Unanimous Ayes STILLWATER REGIONAL WASTEWATER TREATMENT PLANT (W-0l0-560) Public Works Director Arness reviewed his memorandum to Council dated May l6, l986, which is incorporated herein by reference. He advised that at the joint Redding/Anderson Council meeting of May 8, the City of Anderson requested that a more detailed engineering cost evaluation be made of the two proposed sites. He said staff has been continuing to evaluate the questions raised at that meeting. Mr. Arness reviewed staff's concerns regarding the outfall from Site 4 to the river. He said it is the opinion of the City's engineering staff, spending additional funds to hire an outside engineering firm to critique the siting of the Stillwater treatment facilities at any site other than C-l or C-2 is not warranted. Mr. Arness said this position has been reinforced during informal discussions with several local consulting engineers who have kept current on the question of where the plant should be located. Mr. Arness stated that since Fish and Game has volunteered to evalu-ate the outfall from Site 4 to the River and the outfall location at the River, staff will wait for their report and concurrently prepare, in-house, more detailed cross sections needed to evaluate costs. He said this data will be presented to Council at a later date. He stated that it is not recommended that any rights of entry be request- ed to those parcels along the route of the outfall line until Fish and Game has completed its review. Associate Civil Engineer Aasen commented that there was much dis- cussion at the joint meeting about Site 4 and Site C-l, C-2 being equal. He emphasized by pointing to diagrams posted on the wall that Site 4 consists of only about 25 acres, and the plant will take up all of that area and has very little expansion ability. In response to a question from Council Member Johannessen, Mr. Arness advised that Site 4 would be at maximum capacity in 25 years. This was an information item and no action was required. RESOLUTION - Supporting the Formation of a New Local Government Study Committee (B-080-600-245) City Attorney Hays submitted a resolution supporting the formation of a new Local Government Study Committee. Council Member Dahl commented that the Chamber of Commerce has sug- gested the reformation of a Local Government Study Committee. Mr. Dahl felt it would be good for the City to be involved in this program to open lines of communication between Government agencies in areas of mutual concern. MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen that Resolution No. 86-l20 be adopted, a resolution of the City Council of the City of Redding supporting the formation of a new Local Government Study Committee. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-l20 is on file in the office of the City Clerk. RESOLUTIONS - Consenting to Sublease (Small Business Administration and Hillside Aviation) and Approving Operating Permit for Hillside Aviation (C-070-l00 and A-090-l00) City Attorney Hays reviewed his memo to Council dated May l6, l986, which is incorporated herein by reference. He stated that two resolu- tions are submitted for consideration. One is a Consent to Sublease between the Small Business Administration and Hillside Aviation, and the other is an Operating Permit for Hillside Aviation at Redding Municipal Airport. Mr. Hays explained that the Sublease would allow Hillside Aviation to occupy a portion of the former Cal Todd premises at Redding Municipal Airport to pump aviation fuel and service aircraft. The Sublease and Operating Permit, he said, would allow Hillside Aviation to provide needed services at the Airport. Mr. Hays pointed out that the Cal Todd facility is currently subject to litigation to determine the existence of purchase/ownership rights of American Eagle Aviation. It is anticipated that the litigation will be resolved in the near future and that the Cal Todd facility will, once again, be made available by the Small Business Adminis- tration for sale to a new fixed base operator. Mr. Hays stated that the Sublease and Operating Permit are considered to be an interim measure that is beneficial both for airport operations and maintenance of the facility. Steve Miller, l753 Campo Calle, President of Hillside Aviation, said this proposal will open up the Cal Todd facility for transient air- craft for fueling storage and other facilities that might be needed. He said he doesn't intend to compete with Mr. Griffith, head on; however, there is a need for a secondary service at Redding Municipal Airport. Steve Scott, l670 Ganim Lane, with Northstar Aviation, said their greatest concern is that they also have been attempting to negotiate a land lease with Cal Todd and they went through the Airport Commis-sion, which they felt was the proper channel. He said this proposal will affect them and impact the Airport. Mr. Scott said they want to address the issue of their ability to provide fuel, but they want to go through the proper channels. He said they would like the oppor- tunity to operate in the Cal Todd facility. City Attorney Hays advised that the proposed sublease and operating permit have been arrived at between the Small Business Administration and Mr. Miller. He said it is consistent with the position the Airports Commission has taken in the past and emphasized that the duration of the agreement is only for six months. Council Member Johannessen said his main concern would be, if the intent is merely to provide another operator for fuel. He pointed out that the major portion of the FBO income comes from fuel. Mr. Miller responded that it is very important but not the major portion of their income. Mr. Scott said their main objection is that they have not had the opportunity to present their full case through the administrative process. Some discussion ensued regarding advance payment for fuel for the Air Show. Jerry Griffith, 320 Hilltop, from Northstar Aviation, said their main concern is that they need a hangar to get aircraft into to perform maintenance work. He said they are not totally prepared to make a presentation because they understood that they had to go through the Airports Commission. Mr. Griffith said they have an on-going request to the City and the SBA to lease that facility. They are not asking for exclusive rights at the Airport, he said. Council Member Carter said he has some concerns that if Northstar took over Cal Todd, that would preclude anybody else from coming in. He said the City is faced with a timing issue here and he wondered if Northstar would have the ability and wherewithal to provide fuel for the Air Show and throughout the summer. City Attorney Hays stated that Mr. Griffith has had the same oppor- tunity as Mr. Miller to arrive at a sublease. Mr. Johannessen stated that the City has nothing to do with the agreement with the SBA and nothing the City says will affect the negotiations between the SBA and Steve Miller. Mr. Hays said the only reason Council is considering this issue tonight is because of the ground lease between the City and the SBA. MOTION: Made by Council Member Dahl, seconded by Council Member Carter that Resolution No. 86-l2l be adopted, a resolution of the City Council of the City of Redding approving the consent of lessor to the sublease between Small Business Administration and Hillside Aviation, Inc., and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-l2l is on file in the office of the City Clerk. MOTION: Made by Council Member Dahl, seconded by Council Member Carter that Resolution No. 86-l22 be adopted, a resolution of the City Council of the City of Redding approving a permit for commercial activities at the Redding Municipal Airport for Hillside Aviation, Inc. DBA Hillside General Aviation Services, and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Carter, Dahl, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - Gard Resolution No. 86-l22 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity Alcoholic Beverage License Applications: (A-ll0-l40) Bottom Line (Amos Grissom) l600 California Street ORAL COMMUNICATIONS (A-050-060) Lewis Robbins, l33 E. Lake, #79, President of the Rebuilders of the Foundations of America's Christian Heritage, presented copies of their publications to the City Council Members. ADJOURNMENT There being no further business, at the hour of 9:55 P.M., Mayor Fulton declared the meeting adjourned to l2:00 Noon, May 27, l986. APPROVED: _______________________________ Mayor ATTEST: _________________________________ Deputy City Clerk