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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1987-02-02 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California February 2, l987 7:00 P.M. The Pledge of Allegiance to the Flag was led by Senior Planner Keaney. The invocation was offered by Captain Gerald Akin of the Salvation Army. The meeting was called to order by Mayor Fulton with the following Council Members present: Carter, Dahl, Gard, Johannessen, and Fulton. Also present were City Manager Christofferson, City Attorney Hays, Public Works Director Arness, Electric Director Lindley, Engineering Manager Russell, Superintendent of Public Works Galusha, Fire Chief Henrich, Resources Manager Coleman, Director of Finance Downing, Director of Recreation and Parks Riley, Director of General Services Masingale, Field Foreman-Electric Utility Smith, Senior Planner Keaney, Director of Personnel Services Bristow, Director of Data Processing Kelley, Housing Administrator Maurer, Deputy City Attorney McNeill, Accountant Robinson, Assistant Civil Engineer Murphy, Senior Assistant Planner Hanson, Systems Analyst Erwin, Tourism Manager Sharp, 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 - Adjourned Meeting of January 7, l987 Special Meeting of January l2, l987 Adjourned Meeting of January l8, l987 Regular Meeting of January l9, l987 Approval of Payroll and Accounts Payable Register (B-l30-ll0) Recommend that Accounts Payable Register No. l5, check numbers l2l764 through l22l89 inclusive, in the amount of $2,389,940.54, be approved and paid, and Payroll Register No. l5, check numbers 237039 through 237708 inclusive, in the amount of $579,160.85, for the period January ll, l987 through January 24, l987, be approved. TOTAL $2,969,101.39 Proposed Purchase - Open Office System Furniture (B-050-l00) It is the recommendation of the City Manager that Open Office System Furniture be purchased from Tab Products Company for the Public Works Department, not to exceed $l6,000. Award of Bid - Three Phase Pad Type Distribution Transformers (B-050-l00) It is the recommendation of the Finance Director that Bid Schedule No. l873, three phase pad type distribution transformers, be awarded to Maydwell and Hartzell, with an evaluated bid of $28,295.40 and a purchase price of $l6,896.40. Proposed Purchase - Electric Utility Inventory, Single Phase Pad Type Distribution Transformers (B-050-l00) It is the recommendation of the Finance Director that Council author- ize staff to proceed with the bidding process for 42 single phase pad type distribution transformers for the Electric Utility inventory, at an estimated cost of $85,000. Proposed Purchase - Electric Utility Inventory, Single Phase Pole Type Distribution Transformers (B-050-l00) It is the recommendation of the Finance Director that Council author- ize staff to proceed with the bidding process for 47 single phase pole type distribution transformers for the Electric Utility inventory, at an estimated cost of $50,000. Proposed Purchase - Electric Utility Inventory, l2 KV URD Conductor (B-050-l00) It is the recommendation of the Finance Director that Council author- ize staff to proceed with the bidding process for 59,400 feet of l2 KV URD conductor for the Electric Utility inventory, at an estimated cost of $30,000. Resolution - re Contract for Professional Services with R. W. Beck and Associates to Perform Routing Study and EIR for the West Loop ll5 KV Transmission Line Project (E-090-l60-800) It is the recommendation of the Electric Director that Resolution No. 87-20 be adopted, a resolution of the City Council of the City of Redding approving the professional services agreement between the City of Redding and R. W. Beck and Associates to perform an engineering feasibility study, a routing study, and an environmental impact report for the ll5 KV West Loop Transmission Line, and authorizing the Mayor to sign same. Set Public Hearing - re Rezoning Application RZ-25-86, by City of Redding (Wooded Acres South) (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., March 2, l987, to consider Rezoning Application RZ-25-86, by City of Redding. Set Public Hearing - re Rezoning Application RZ-26-86, by City of Redding (Wooded Acres North) (L-0l0-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., March 2, l987, to consider Rezoning Application RZ-26-86, by City of Redding. Set Public Hearing - re Planned Development PD-l-86, by L.P.L. Associ- ates (285l Eureka Way) (L-0l0-2l0-l50) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., February l7, l987, to consider Planned Development Application PD-l-86, by L.P.L. Associates. Set Public Hearing - re Planned Development Application PD-5-86, by Ward Investment Company (Bonnyview Meadows West) (L-0l0-2l0-054) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., February l7, l987, to consider Planned Development Application PD-5-86, by Ward Investment Company. Set Public Hearing - re Rezoning Application RZ-28-86, 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 2, l987, to consider Rezoning Application RZ-28-86, by City of Redding. Set Public Hearing - re Planned Development PD-4-86, by Allen Hill, BHS Investments (Nob Hill Estates) (L-0l0-2l0-5l0) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., February l7, l987, to consider Planned Development Application PD-4-86, by Allen Hill, BHS Investments. Appointment - Shasta County Arts Council (C-050-500) It is the recommendation of the Civic Arts Commission that Judith Knowles be appointed as the City Representative to the Shasta County Arts Council through May 3l, l987, and that Jim King be designated as her alternate. Award of Bid - Hartnell-Parkview Traffic Signal (B-050-020, T-080-700) It is the recommendation of the Public Works Director that Bid Sched- ule No. l876, Hartnell-Parkview Traffic Signal (Job No. 9749), be awarded to M & M Electric Co. in the amount of $66,489. It is further recommended that EIR-2-8l be recertified as adequately addressing the project and its impacts. Resolution - re Lease Agreement with Redding Swim Club for Concession Stand at Lake Redding Plunge (P-050-700-600) It is the recommendation of the City Attorney that Resolution No. 87-2l be adopted, a resolution of the City Council of the City of Redding approving the Lease Agreement between the City of Redding and the Redding Swim Club on the concession stand facility at the Lake Redding Plunge in the Claude H. Caldwell Memorial Park, and authoriz- ing the Mayor to sign same. Resolution - re Agreement with Redding Swim Club for Use of Redding Plunge (P-050-700-600) It is the recommendation of the City Attorney that Resolution No. 87-22 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and the Redding Swim Club for use of the Redding Plunge in the Claude H. Caldwell Memorial Park, and authorizing the Mayor to sign same. Resolution of Intention - re Commencement of Abatement Proceedings at 3022 Veda Street (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-23 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Donald M. Stover, Jr. and Roberta L. Stover). Resolution - Discontinuing Abatement Proceedings on the Property Located at 4083 Notre Dame Avenue (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-24 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 4083 Notre Dame Avenue, A.P. No. l06-470-46 (owned by Owen W. Harris). Resolution - Discontinuing Abatement Proceedings at 2449 Court Street (Ames) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-25 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2449 Court Street, A.P. No. l04-l80-53 (previously A.P. No. l04-422-09), owned by Bruce and Judith Ames. Resolution - Discontinuing Abatement Proceedings at l850 Willis Street (Jurin) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-26 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at l850 Willis Street (owned by John D. Jurin, Jr.). Resolution - Discontinuing Abatement Proceedings at 2036 Railroad Avenue (Ames, et al) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-27 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2036 Railroad Avenue, A.P. No. l04-l90-32 (owned by Bruce Ames, et al). Resolution - Discontinuing Abatement Proceedings at 2l38 Gold Street (Daniels) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-28 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2l38 Gold Street, A.P. No. l05-490-32 (owned by Roy K. Daniels, et al). Resolution - Discontinuing Abatement Proceedings at 2777 Twinview Boulevard (Parks) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-29 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2777 Twinview Boulevard, A.P. No. 074-l80-07 (owned by Howard and Florence Parks). Resolution - Discontinuing Abatement Proceedings at l4l5, l45l, and l477 Mishka Court (California Capital Loans, Inc.) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-30 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at l4l5, l45l, and l477 Mishka Court, A.P. Nos. 066-550-53, 066-550-54, and -66-550-56 (owned by California Capital Loans, Inc.). Resolution - Discontinuing Abatement Proceedings at ll52 Center Street (Bui) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-3l be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at ll52 Center Street, A.P. No. l0l-480-0l (owned by Theo and Gail Bui). Resolution - Discontinuing Abatement Proceedings at 2l56 Butte Street (Smith) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-32 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at 2l56 Butte Street, A.P. No. l05-320-08 (owned by Alma C. Smith). Resolution - Discontinuing Abatement Proceedings at l856 and l860 Laurel Avenue (Pentii) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-33 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at l856 and l860 Laurel Avenue, A.P. No. l04-440-52 (owned by Maki Pentii - previously owned by Capitol Mortgage & Loans). Resolution - Discontinuing Abatement Proceedings at l40l College View Drive (Redding Highlands) (A-030-070) It is the recommendation of the City Attorney that Resolution No. 87-34 be adopted, a resolution of the City Council of the City of Redding releasing the proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding located at l40l College View Drive, A.P. No. 072-300-09 (owned by Redding Highlands). Resolution - re Consent to Assumption of B & B Rentals, Inc. Permit for Commercial Activities at Redding Municipal Airport by John Ehrat Dodge, Inc. (C-070-l00 and A-090-l00) It is the recommendation of the City Attorney that Resolution No. 87-35 be adopted, a resolution of the City Council of the City of Redding approving the consent to assumption of the B & B Rentals, Inc. permit for commercial activities at Redding Municipal Airport, by John Ehrat Dodge, Inc. and authorizing the Mayor to sign same. - - - - MOTION: Made by Council Member Gard, seconded by Council Member Carter, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - None Resolution Numbers 87-20, 87-2l, 87-22, 87-23, 87-24, 87-25, 87-26, 87-27, 87-28, 87-29, 87-30, 87-3l, 87-32, 87-33, 87-34, and 87-35, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Dale McCleskey - re City's Participation with the Trans- mission Agency of Northern California and the California-Oregon Transmission Project (E-l20-025 and E-l20-250) A letter was received from Dale McCleskey expressing concern regarding the City's participation with the Transmission Agency of Northern California and the California-Oregon Transmission Project. He felt the COTP is a poorly conceived and implemented project and that tremendous environmental damage and personal hardship of the project cannot be justified. Mayor Fulton noted that the Electric Superintendent has advised him that this letter has been forwarded to TANC and they are currently meeting with Mr. McCleskey. Council Member Gard commented that she supports the idea of the line but felt Council needs to be sensitive about these types of projects, which are a visual blight on the landscape. Council Member Carter said he sympathizes with Mr. McCleskey's con- cerns. He indicated that members of the timber industry have been talking to him and they hope that the line can be moved. He said this is an on-going issue. Council Member Johannessen noted that Mr. McCleskey has been contacted for his input in the EIR process and his concerns will be addressed. Letter from Michael Madden - re Traffic Congestion and Flow Problems at Hilltop Drive and Cypress Between Churn Creek and Hartnell (T-080-700) A letter was received from Michael Madden requesting assistance in resolving the traffic congestion and flow problems on Hilltop Drive and Cypress between Churn Creek and Hartnell. Public Works Director Arness said he has contacted Mr. Madden. He noted that staff has a proposal coming to Council for phasing the traffic signals. Mr. Arness stated that staff will be requesting additional funds for an OTS study and hopefully something good will happen. Mayor Fulton noted that several attempts have been made to resolve the situation and there is no easy solution. With the concurrence of Council, this matter was referred to the Public Works Director for a report back in a reasonable time. PUBLIC HEARING - re Rezoning Application RZ-22-86, by City of Redding (L-0l0-230) (East of Victor Avenue and north of Churn Creek Road) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re Rezoning Application RZ-22-86, by City of Redding. 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 January 28, l987 Senior Planner Keaney reviewed his memorandum to Council dated January 28, l987. He stated that the Planning Commission has recommended rezoning Churn Creek Meadows, Unit 5, from "U" Unclassified District to "Rl-Bl0" Single-Family Residential District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Planning Commission and staff that Council approve the rezoning as depicted on the attached map, ratify the draft negative declaration, and offer the ordinance for first reading. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Johannessen that Council make the following findings relative to RZ-22-86: 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 Adminis-trative Review on December l7, l986. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. l796 for first reading, 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-22-86). PUBLIC HEARING - re Rezoning Application RZ-23-86, by City of Redding (North of Hartnell Avenue, East of Lowden Lane) (L-0l0-230) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re Rezoning Application RZ-23-86, by City of Redding. 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 January 28, l987 Senior Planner Keaney reviewed the staff memorandum to Council dated January 28, l987. He stated that the City of Redding is proposing the zoning of an unincorporated island north of Hartnell Avenue, east of Lowden Lane, and south of Hartnell Avenue west of Bechelli Lane. The zoning is proposed as part of the annexation process since the Shasta County Local Agency Formation Commission now requires "prezoning" of any proposed annexation as part of the application to LAFCO. Mr. Keaney explained that the Planning Commission has recommended approval of the rezoning. Mr. Keaney explained that the property is separated into three areas as follows: Lowden Lane Area It is recommended that this area be zoned "RM-6-F" Multiple-Family Residential with site-plan review criteria. Between Hartnell Avenue and Wilshire Boulevard It is recommended that the corner parcel be designated "U" Unclas- sified to allow the Planning Commission to review any proposed use and carefully consider traffic impacts in relation to driveway locations and building setbacks. The larger parcel parcel is recommended to be zoned "C-2-F" Central Commercial District with the site-plan-review criteria. South of Wilshire Boulevard It is recommended that this area be zoned "RM-9-F" Multiple-Family Residential District with site plan review. It is further recommended that the negative declaration be ratified and that the ordinance be offered for first reading. Council Member Johannessen asked about the "U" Unclassified parcel being contrary to LAFCO's policy. Mr. Keaney replied that that is something that will have to be clar- ified. He added that what LAFCO has said is unacceptable is a large "U" district without consideration for what the zoning should be. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard noted that if LAFCO doesn't approve the "U" district, the "F" site plan review, could be added. MOTION: Made by Council Member Gard, seconded by Council Member Carter that Council make the following findings relative to Rezoning Application RZ-23-86: 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 Adminis-trative Review on December l7, l986. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. l797 for first reading, 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-23-86). PUBLIC HEARING - re Resolution of Public Convenience and Necessity to Condemn Property Owned by Stella May Benton Known as Lake Redding Golf Course for Park and Open Space Purposes (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 to condemn property owned by Stella May Benton. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing City Attorney Hays reviewed his memorandum to Council dated January 27, l987, which is incorporated herein by reference. He explained that the City had the entire property, owned by Stella May Benton (known as the Lake Redding Golf Course), appraised by Stathem & Shaw of Redding. The value of the property was appraised at $236,000, not including the leasehold interest. Mr. Hays advised that Mrs. Benton had a similar appraisal done prior to the City's appraisal, which valued the property at $360,000. Mr. Hays stated that staff has previously been directed by Council to pursue the acquisition of the property for park and open space devel- opment. He said the original offer to Mr. John Loy, the attorney who represents Mrs. Benton, was $240,000; and, the latest offer was $264,000. Subsequent to the original offer, Mrs. Benton raised her price from $360,000 to $370,000. Mr. Hays explained that, at that time, the Council voted 3 to l to move forward with a condemnation action; however, since it is necessary to have a 4/5 vote in order to proceed with condemnation, the action did not result in an authoriza- tion to proceed. He stated that Council did instruct staff to con- tinue its negotiations. It was at this point that the $264,000 offer was made, but a sale was not consummated. Mr. Hays pointed out that this matter is being brought back to Council to consider whether or not it wishes to move forward to begin a condemnation action of the underlying property interest of Mrs. Benton. Mr. Hays advised that Mr. Leonard Wingate has provided a written request to be heard this evening on behalf of Mrs. Benton. Leonard Wingate, 292 Hemsted, attorney representing Mrs. Benton, said the alternative Mrs. Benton is requesting is that Council do nothing and that it continue to be a golf course. He said she does not care to sell the property at the price offered. Mr. Wingate said he and the City Attorney differ in their interpretations of the Government Code as it relates to condemnation proceedings for golf courses. He noted that the City negotiated an agreement with the leaseholder which takes effect if this sale is consummated. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen that the public hearing be closed. The Vote: Unanimous Ayes City Attorney Hays commented that a leasehold is only terminated if compensation is provided, and he pointed out that the City is not paying compensation for the leasehold interest. He said the leasehold stays in place. Mr. Hays stated that both appraisals had a leasehold interest value of approximately $70,000. Council Member Carter asked if the Court would determine the amount of compensation, if the City goes ahead with eminent domain proceedings. Mr. Hays said that is conceivable, unless the parties can come to an agreement. Mr. Johannessen said he would love to see this as a continuous open space as a golf course; however, he cannot see the justification for pursuing the property for more than it is worth. He expressed his surprise at the wide range of appraisals and could not see why a developer would purchase the property for a high density subdivision when there is so much other property available. Mr. Johannessen said he cannot support the City using the power of eminent domain unless there is a very clear public need. Council Member Gard commented that there is a big spread in the appraisals. She noted that the sellers price has gone up which does not indicate a very willing seller. MOTION: Made by Council Member Gard, seconded by Council Member Carter that the City do nothing and cease negotiations with Stella May Benton for property known as Lake Redding Golf Course. Voting was as follows: Ayes: Council Members - Carter, Gard, Johannessen, and Fulton Noes: Council Members - Dahl Absent: Council Members - None PUBLIC HEARING - re Rezoning Application RZ-24-86, by City of Redding (North and South of Oasis Road and East of Gold Hills Drive) (L-0l0-230) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re Rezoning Application RZ-24-86, by City of Redding. 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 January 28, l987 Senior Planner Keaney reviewed the staff report to Council dated January 28, l987. He stated that the City is proposing to prezone 530 acres north and south of Oasis Road and east of Gold Hills Drive, as part of the process of annexing the area. Mr. Keaney stated that the Planning Commission has recommended approval of the rezoning to "Rl-B2" and "Rl-B4" Single-Family Residential District and "U" Unclas- sified District, as depicted on the map entitled "Proposed Zoning". It is the recommendation of the Planning Commission and staff that Council approve the rezoning as depicted, ratify the negative declara- tion, and offer an ordinance for first reading. MOTION: Made by Council Member Gard, seconded by Council Member Dahl that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Carter that Council make the following findings relative to RZ-24-86: 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 Adminis-trative Review on December l7, l987. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. l798 for first reading, 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-24-86). PUBLIC HEARING - re Appeal of Use Permit Application UP-l93-85, by Cal Gas (4050 South Bonnyview Road) (L-0l0-390) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the public hearing re appeal of Use Permit Application UP-l93-85, by Cal Gas. 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 January 28, l987 Senior Planner Keaney reviewed the staff report to Council dated January 28, l987. He stated that the Planning Commission denied a request by Cal Gas to install a 70-foot-high sign on property located at 4050 South Bonnyview Road in a "U" Unclassified District. As an alternative, the Commission approved a sign with a maximum height of 55 feet. A map of the area was shown on the Vu Graph. Mr. Keaney said the proposed sign would be erected on an existing three-pole structure which had been used to advertise the Texaco station that had previously occupied the site. The site suffers from poor exposure from the north due to distance from the freeway and tree cover. He explained that conversely, the site has better than average exposure to the south. Mr. Keaney noted that staff does not believe the sign structure has been utilized for a period of at least two years and as such, the applicant does not have outright entitlement to utilize the structure. Mr. Keaney pointed out that the basis of the appeal stems from the applicant's belief that the Commission did not fully consider all of the issues relevant to the request. It is the recommendation of staff that the application be referred back to the Planning Commission. In the alternative, it is recom- mended that the appeal be denied. Mr. Keaney pointed out that, since this report has been prepared, they have received two phone calls from property owners asking what process is used to install signs of 70 to 80 feet. Terry Hinrichsen, 2647 Marvin Trail, representing Cal Gas, said the reason they moved to this location was to have interlocking card lock system, which needs freeway visibility from both sides. He said they contacted the Department of Transportation about placing a sign on the freeway announcing their service, but they do not recognize LP gas for those kinds of signs. Mr. Hinrichsen noted that there are three businesses across the intersection that have signs higher than what Cal Gas is requesting. Wayne Neal, Northern Neon Sign, stated that from a visual standpoint, the 70 foot structure does allow the sign to be read from the south- bound lane, while the 50 foot sign would not. He emphasized that the sign would not be higher than other signs at that intersection. Mr. Neal said they are asking to use an existing structure which is on the property in a meaningful manner. He said they would be willing to use the existing structure at 70 feet, and lowering the height to 40 feet when the property to the north is in a development stage. MOTION: Made by Council Member Gard, seconded by Council Member Carter that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Gard that Use Permit UP-l93-85 be referred back to the Planning Commission. Voting was as follows: Ayes: Council Members - Dahl, Gard, and Fulton Noes: Council Members - Carter and Johannessen Absent: Council Members - None The applicant commented that they do not want their application to be referred back to the Planning Commission. Mayor Fulton indicated that the decision has already been made. CONTINUED PUBLIC HEARING - re Amendment to Grading Ordinance (A-070-055) The hour of 7:00 P.M., having arrived, Mayor Fulton opened the con- tinued public hearing re amendment to the Grading Ordinance. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Public Works Director Arness reviewed his staff reports to Council dated January 29, and February 2, l987, which are incorporated herein by reference. He submitted the draft Grading Ordinance and a resolu- tion pertaining to permit fees. Mr. Arness summarized the changes made to the draft ordinance following the public hearings on January 5 and January l9, l987. Mr. Arness added that a meeting was held on January 30, with Council Member Johannessen regarding the restrictiveness of the draft ordi- nance on the small property owner. Mr. Arness explained the possible changes that were discussed and pointed out that these minor changes were incor-porated into the draft ordinance. He explained that Mr. Johannessen also had some concerns about certain permit fees; there- fore, the resolution pertaining to fees is not recommended for adop- tion at this time. It is the recommendation of staff that the Grading Ordinance be offered for first reading. He noted that the resolution will be brought back at the next City Council meeting. Council Member Gard expressed some concern regarding Section l6.40.l20, where the parcel size requiring a permit is proposed to be changed from one acre to five acres. She felt some real damage could be done with a bulldozer on parcels of that size. Mr. Arness said he does not see that happening. Council Member Carter said he has no problem with the proposed changes. MOTION: Made by Council Member Johannessen, seconded by Council Member Carter that the public hearing be closed. The Vote: Unanimous Ayes Council Member Johannessen reviewed his reasons for his concerns. Council Member Carter offered Ordinance No. l799, including the proposed changes, for first reading, an ordinance of the City Council of the City of Redding amending Chapter l6.40 of the Redding Municipal Code pertaining to clearing, grading, fills and excavation. REAPPOINTMENTS AND NEW APPOINTMENTS - Redding Redevelopment Agency (B-080-370) It is the recommendation of Mayor Fulton that William McDaniel and Tom Osgood be reappointed to the Redding Redevelopment Agency for four-- year terms, ending January l, l99l. It is further recommended that Dave Rutledge and Patsy Ernst be appointed to said Agency for three-- year terms expiring January l, l990. MOTION: Made by Council Member Johannessen, seconded by Council Member Gard approving the recommendations of the Mayor as stated above. The Vote: Unanimous Ayes APPOINTMENTS - Tourism and Convention Commission (B-080-540) It is the recommendation of Mayor Fulton that the following individu- als be appointed to the newly-created Tourism & Convention Commission as follows: Ray Foust 2-yr term ending Jan. l, l989 Paul Wertz 2-yr term ending Jan. l, l989 Kit Hamblin 3-yr term ending Jan. l, l990 Sue Knapp 3-yr term ending Jan. l, l990 Steve Gaines 4-yr term ending Jan. l, l99l Jacqueline Jabs 4-yr term ending Jan. l, l99l Mike Marshall 4-yr term ending Jan. l, l99l MOTION: Made by Council Member Carter, seconded by Council Member Dahl approving the recommendations of the Mayor as stated above. The Vote: Unanimous Ayes ORDINANCE - re Regular Meetings for the Redding City Council (A-050-060) MOTION: Made by Council Member Gard, seconded by Council Member Dahl that the full reading of Ordinance No. l795 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes Council Member Dahl commented that he felt this is a positive change for the Council. City Manager Christofferson said this is a change he feels staff can adapt to the new schedule. He felt it is strictly Council's decision to make this change for the convenience of Council and the convenience of the public. Mr. Christofferson added that a large number of City Council's in the State do meet on Tuesdays. Mayor Fulton said his only objection is that he does not feel the need for the change. He said the extra time to evaluate may or may not be productive. MOTION: Made by Council Member Carter, seconded by Council Member Dahl that Ordinance No. l795 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 2.04--City Council--by deleting Section 2.04.020 in its entirety and substituting therefor a new Section 2.04.020. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, and Johannessen Noes: Council Members - Fulton Absent: Council Members - None Ordinance No. l795 is on file in the office of the City Clerk. RECOMMENDATION FOR PURCHASE OF l500 GPM PUMPER FOR FIRE DEPARTMENT (B-050-l00 and B-080-600-200) City Manager Christofferson reviewed his memorandum to Council dated January 27, l987. He explained that a new l500 gallon per minute pumper was approved in the Preliminary Budget for the current fiscal year and $l65,000 allocated for its purchase; however, the recommenda- tion was "side tracked" and funds deleted from the budget so that the Fire Task Force could take a look at the idea and make a recommenda- tion to Council. Mr. Christofferson said it was contemplated that the new pumper would replace Engine 7l, a l969 unit, which would then be placed in reserve. He said the Task Force studied the proposal; and, by memorandum of January l5, l987, recommended to Council that the pumper be purchased and that recommendation was referred to staff for further consideration and recommendation. It is the recommendation of the Fire Chief and the City Manager that Council authorize purchase of a new l500 gallon per minute pumper for the Fire Department utilizing the piggy back method of purchase which has been used by the City before and is both practical and legal. By utilizing the bidding process of the City of Auburn, augmented by negotiation on specific features, the City can acquire an appropriate unit for $l5l,506.86 including tax. It is further recommended that the unit be purchased for cash utilizing General Revenue Sharing funding. Mr. Christofferson pointed out that delivery is projected in 300 days. He said, inasmuch as the item was deleted from the final budget, a supplemental appropriation is necessary if Council wishes to make the purchase, and a resolution for that purpose has been prepared. He explained that limited "progress payments" would be necessary in the current fiscal year, the bulk of the expenditure could not be used until the next fiscal year. MOTION: Made by Council Member Dahl, seconded by Council Member Gard authorizing the purchase of a l500 GPM pumper, by utilizing the piggy back method of purchase with the City of Auburn, in the amount of $l5l,506.86. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Gard that Resolution No. 87-36 be adopted, a resolution of the City Council of the City of Redding approving and adopting a supplemental appro- priation, calculated as of February 2, l987, and to be effective for the remainder of the fiscal year ending June 30, l987. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - None Resolution No. 87-36 is on file in the office of the City Clerk. Council Member Johannessen said he agrees with the recommendation; however, he hopes that these types of substantial acquisitions come up in the regular budget process. In response to an inquiry from Council Member Gard, Mr. Christofferson advised that the new pumper will be red. ELECTRIC DEPARTMENT PROJECT STATUS REPORT - February l987 (A-050-l25) Electric Director Lindley presented the Electric Department Project Status Report for February, l987. This was an information item and no action is required. RESOLUTION - re Contract with Resources Management International, Inc. for Preparation of CFM-7 (E-090-l60) Electric Director Lindley reviewed his memorandum to Council dated January 30, l987, which is incorporated herein by reference. He explained that on January 9, l987, Council directed staff to negotiate a contract with Resources Management International, Inc., for assis- tance with the CEC's ER-7 proceedings. It is the recommendation of staff that Council approve a FY86-87 supplementary appropriation of $l63,l00 for participation in the ER-7 process, and award the proposed contract to RMI for assistance during the ER-7 proceedings. He explained that some additional funds may be required in fiscal year l987-88. Council Member Carter expressed concern that the bill from RMI desig- nate the man-hours for each task performed. Mr. Lindley said he is sure that can be provided by RMI. Mr. Johannessen again expressed his concerns about spending that amount of money without an RFP and asked why the Scope of Work pre- pared for RMI could not be used as an RFP. Mr. Lindley said the Scope of Work is just a summary of the proposed scope of services and the RFP process would require much greater detail. Council Member Dahl stressed that the RFP process has been previously debated and emphasized that the City is dealing with the State bureau- cracy and time constraints. MOTION: Made by Council Member Dahl, seconded by Council Member Gard that Resolution No. 87-37 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Resource Management International, Inc. entitled "Proposed Scope of Services and Budget for Providing Consulting Services related to the Preparation of the Common Forecasting Methodology 7 Filing and Participation in Electricity Report 7 Proceedings," and authorizing the City Manager to sign same. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, and Fulton Noes: Council Members - Johannessen Absent: Council Members - None Resolution No. 87-37 is on file in the office of the City Clerk. AWARD OF BID - Construction of East Redding Substation (B-050-020 and E-090-l40-250) It is the recommendation of the Electric Director that Bid Schedule No. l865, construction contract for East Redding Substation, be awarded to the second low bidder Cal Electro, Inc., of Redding in the amount of $455,457 (the low bid from Anderson & Wood was not legally acceptable). Don Anderson, Attorney for Anderson & Wood, said he has been dealing with the City Attorney regarding the bid bond. He said he delivered a letter to Mr. Hays setting forth his position with regard to the legal requirements of the bid bond. Mr. Anderson noted that the sample bid bond says "surety's signature shall be notorized where applicable." He feels it is not applicable since the State Contract Act does not require it. He feels they have complied with State law and that the City's rejection of the bond is "form over substance." Stan Warner, 8605 Lady Jane Way, Orangeville, representing Contra Costa Electric, said the bid package was very complete in every detail. He noted that one page was left out of the bid submitted by Cal Electro, and this was a very significant page. Mr. Warner asked that Council look closely before it decides what to accept and what not to accept. He noted that the engineer's estimate was low, and the two low bidders were also significantly lower than the rest of the bids. He felt they may have been responding more to the engineer's estimate than to the project itself. Mr. Warner felt their bid was a responsive bid. Bob Misner, of Cal Electro, disagreed with Mr. Warner. He said they just finished the Oregon Street Substation and they feel their costs are in line. He said the unit breakdown was inadvertently left out on their bid but emphasized that the lump sum bid takes precedence. Mr. Anderson commented that he felt the bid of Anderson & Wood is a legal bid. He added that if Cal Electro left out a page, they did not properly respond to the bid. He said the unit prices provide checks and balances. Mr. Anderson said they will use all methods necessary to stop Cal Electro from being awarded this contract, including a restrain-ing order. City Attorney Hays explained that the City of Redding has the ability to establish its bidding procedures in conformance with State law and may add other requirements if it sees fit. He said the rules should be the same for everybody. Mr. Hays explained that this was a lump sum bid and the unit prices not included by Cal Electro does not constitute a deficient bid. It is his recommendation that Cal Electro be awarded the bid, and that Anderson and Wood be found to not meet the bidding requirements. MOTION: Made by Council Member Dahl, seconded by Council Member Gard that Bid Schedule No. l865, construction of contract for East Redding Substation, be awarded to Cal Electro, in the amount of $455,457. Voting was as follows: Ayes: Council Members - Dahl, Gard, and Fulton Noes: Council Members - Carter and Johannessen Absent: Council Members - None SELECTION OF A CONSULTANT - re Development of Airport Property on West Side of Airport Road (C-070) Senior Planner Keaney advised that in response to the request for proposals, four proposals were received for the development plan for property on the west side of Airport Road. He listed the proposals and advised that all firms are qualified to do the work and have done similar and comparable work. It is the recommendation of staff that the City Manager be authorized to execute a contract with the firm of Weld Brower in an amount not to exceed $5,400 to perform the work described in the Request for Pro- posal. MOTION: Made by Council Member Gard, seconded by Council Member Dahl authorizing the City Manager to execute a contract with the firm of Weld Brower in an amount not to exceed $5,400 to perform the work described in the Request for Proposal. The Vote: Unanimous Ayes Council Member Dahl said he is very pleased that the City is moving forward with a development plan for that area and felt this shows the Council's concern for economic development. TENTATIVE SUBDIVISION MAP - Creekside Subdivision by Bonnyview Meadows Investors (S-l00-ll3) Council was advised that the Planning Commission has granted permis- sion to subdivide 28.78 acres into 87 single-family lots. The appli- cation is essentially a resubmittal and renaming of unit 2 and 3 of the Bonnyview Meadows East Subdivision (S-l7-79), and is described as Tentative Subdivision Map S-l7-86, Creekside Subdivision. 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. RESOLUTION - re Grant Application for Phase VII of the Sacramento River Trail (G-l00-l70 and P-050-460-700) Senior Planner Keaney submitted a resolution to authorize application for l987 Federal Land and Water Conservation Grant funds to help complete Phase VII of the Sacramento River Trail, which includes the pedestrian bridge and some trail. It is the recommendation of the Recreation and Parks Commission that Council authorize application for funding under the l987 Land and Water Conservation Fund and that a resolution be adopted. Senior Assistant Planner Hanson reported that the Shasta County Board of Supervisors has not yet determined how they will spend their share of the l986 Park Bond Act funds; however, it is hopeful that they will help fund this project also. MOTION: Made by Council Member Gard, seconded by Council Member Dahl that Resolution No. 87-38 be adopted, a resolution of the City Council of the City of Redding approving the application for l986-87 fiscal year Land and Water Conservation Funds for Phase VII of the Sacramento River Trail project. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - None Resolution No. 87-38 is on file in the office of the City Clerk. ANNUAL REPORT/AUDIT - Redding Redevelopment Agency (R-030-030) Senior Planner Keaney submitted the annual report and audit for the Redding Redevelopment Agency. It is the recommendation of staff that Council accept the report and order it be filed with the City Clerk. MOTION: Made by Council Member Gard, seconded by Council Member Dahl accepting the Annual Report and Audit of the Redding Redevelopment Agency, and ordering it filed with the City Clerk. The Vote: Unani- mous Ayes OFFER OF LAND - Potential Corporation Yard Site (C-070-0l0) Senior Planner Keaney submitted a letter from Ron Munk asking if the City would be interested in acquiring six acres located on Butte Street east and south of Red Star Laundry. He said the information was circulated to various City departments that might use the property and it was the general opinion that the site is too small for a corporation yard, and not needed for any other City purpose. Mr. Keaney said no action is required unless the City Council feels there should be further review. Council Member Johannessen suggested that this offer should be kept with the rest of the information regarding the establishment of a new City Hall. RESOLUTION AND ORDINANCES - re Alta Mesa Drive Traffic Controls (T-080-750) Public Works Director Arness submitted a resolution and ordinances to implement the traffic controls previously approved by Council along Alta Mesa Drive. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl that Resolution No. 87-39 be adopted, a resolution of the City Council of the City of Redding authorizing the installation of stop signs controlling traffic on Alta Mesa Drive at Galaxy, El Verano and El Vista. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, Johannessen and Fulton Noes: Council Members - None Absent: Council Members - None Resolution No. 87-39 is on file in the office of the City Clerk. Council Member Carter offered Ordinance No. l800 for first reading, an ordinance of the City Council of the City of Redding amending Chapter ll.2l of Title ll of the Redding Municipal Code by repealing Section ll.2l.0l0 and substituting a new Section ll.2l.0l0, pertaining to commercial vehicle restrictions. Council Member Carter offered Ordinance No. l80l for first reading, an ordinance of the City Council of the City of Redding amending Chapter ll.l2 of the Redding Municipal Code by repealing Section ll.l2.0l0 in its entirety and substituting therefor a new Section ll.l2.0l0 per- taining to speed limits on certain streets. PUBLIC WORKS PLANNING REPORTS - February l987 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for February, l987. RESOLUTION - re Agreement for Master Sewer Plan Update (W-020-300) Public Works Director Arness presented a contract proposal from PACE Engineering to prepare an updated Master Sewer Plan for the City's Clear Creek Regional Sewer System. He reviewed the areas to be studied and the proposed work plan. Mr. Arness explained that PACE performed the City's l979 Master Sewer Plan and Larry Kepple, Managing Engineer of PACE, was the Design Engineer in l966 for the Capital Improvement Program for the Enter- prise Public Utility District and Project Manager of the l973 Sewer Feasibility Study for the Cascade Community Services District. It is the recommendation of staff that Council approve an agreement with PACE Engineering on a per diem basis with a maximum fee not to exceed $40,000. Project funding of the $35,000 was approved in the l986-87 sewer budget. Mr. Arness explained that the increase in project cost over that budgeted is the result of staff's modification to the scope of work to include how the Clear Creek Regional System benefits by construction of the Stillwater system. MOTION: Made by Council Member Gard, seconded by Council Member Dahl that Resolution No. 87-40 be adopted, a resolution of the City Council of the City of Redding approving the agreement between the City of Redding and Professional Associated Consulting Engineers, Inc. dba PACE Engineering, for an updated Master Sewer Plan, and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Carter, Dahl, Gard, and Fulton Noes: Council Members - Johannessen Absent: Council Members - None Resolution No. 87-40 is on file in the office of the City Clerk. Council Member Johannessen stated that he is opposed to awarding projects of this size without using the RFP process. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-ll0-l40) Happy Steak (Quality Restaurants, Inc.) 2300 Athens Avenue Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity OTHER BUSINESS (B-l30-030-045) Council Member Gard noted that the California State University at Chico will be sponsoring the second annual Economic Development Conference in Redding, May l5 and l6, l987. CLOSED SESSION *(C-090-l00 and P-l00-050-l20) Mayor Fulton announced that the Council will adjourn to closed session pursuant to California Government Code Section 54956.9(a) to discuss the status of pending litigation in the case of City of Redding v. LAFCO; and California Government Code Section 54957.6 to discuss personnel considerations. At the hour of 9:30 P.M., the meeting was adjourned to closed session. At the hour of l0:40 P.M., the meeting was reconvened to regular session. ADJOURNMENT There being no further business, at the hour of l0:40 P.M., Mayor Fulton declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: ___________________________________ City Clerk