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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1988-03-15 City Council, Regular Meeting Council Chambers Redding, California March 15, 1988 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The meeting was called to order by Vice Mayor Carter with the following Council Members present: Fulton, Gard, and Johannessen. Mayor Dahl was absent. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Public Works Director Arness, Electric Director Lindley, Planning and Community Development Perry, Engineering Manager Russell, Fire Chief Bailey, Resources Manager Coleman, Director of Finance Downing, Recreation and Parks Director Riley, Assistant City Attorney McNeill, General Services Director Masingale, Electric Utility Field Foreman Smith, Police Lieutenant Alvord, Associate Civil Engineer Aasen, Senior Planner Keaney, Information Systems Director Kelley, Utilities/Customer Services Director Vokal, Housing Administrator Maurer, Senior Associate Planner King, Airports Director Homan, Senior Assistant Planner Hanson, Assistant Airports Director Lazar, Transportation Coordinator Duryee, City Treasurer Linville, City Clerk Nichols, and Secretary to the City Council Moscatello. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Payroll and Accounts Payable Register (B-130-110) Recommend that Accounts Payable Register No. 17, check numbers 132342 through 132657 inclusive, in the amount of $1,312,742.17, be approved and paid, and Payroll Register No. 18, check numbers 256917 through 257546 inclusive, in the amount of $573,558.49, and Automatic Payroll Deposits in the amount of $99,753.37, for the period February 20, 1988 through March 05, 1988, be approved. TOTAL: $1,986,054.03 Treasurer's Report - February 1988 (B-l30-l50) Total Treasurer's Accountability - $21,536,556.65 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $74,357,789.60 League of California Cities - Participation in "Committee on 21" (L-040-150 & A-050-060) It is the recommendation of the City Manager that retiring Council Member Gard continue her participation on the League of California Cities "Committee on 21" and Council authorize the expenditure of funds for the cost of transportation to the remaining meetings. Award of Bid - Bid Schedule No. 2012, 15 KV URD Underground Conductor Electric Dept. (B-050-100) It is the recommendation of the Finance Director that Bid Schedule No. 2012, Underground Conductor, be awarded to the second low bidder, Pirelli Cable, in the amount of $76,503.17. 3/15/88 The low bidder took exception to compliance with the liquidated damages penalty for late delivery and quoted a 19-21 week delivery period. Funds for this purchase are included in the 1987/88 budget. Award of Bid - Bid Schedule No. 2017, 15 KV URD Underground Conductor Electric Dept. (B-050-100) It is the recommendation of the Finance Director that Bid Schedule No. 2017, Underground Conductor, be awarded to the second low bidder, Pirelli Cable, in the amount of $115,756.45. The low bidder took exception to the required liquidated damages penalty for late delivery and quoted a 19-21 week delivery period. Funds for this purchase are included in the 1987/88 budget. Surplus Automotive and Equipment Sale - Purchasing Division (B-050-100) It is the recommendation of the Finance Director that automotive and miscellaneous equipment which is no longer needed or required for City operations, be declared surplus and sold to the highest bidder on March 28, 1988. Set Public Hearing - Community Development Block Grant Program (G-100-030-033) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., April 19, 1988, to consider the Community Development Program for 1988-89 and 1989-90. Set Public Hearing - Planned Development Application PD-1-88, by Airpark Plaza Partners (2111 Airpark Drive) (L-010-210-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 P.M., April 5, 1988, to consider Planned Development Application PD-1-88. Resolution - Electric Utility Personnel * (B-130-070 & P-100-060-600) It is the recommendation of the Electric Utility Director that Resolution No. 88-98 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 45th Amendment to the City Budget Resolution No. 87-214 deleting the position of Groundman and establishing an additional position of Line Tree Trimmer in the Electric Department. It is also recommended that a dump body truck, scheduled to be declared surplus, be retained for seasonal use. Resolution - C&RE Cost Shared Assistance Grant from Western Area Power Administration (G-100-070 & E-120-030) It is the recommendation of the Electric Director that Resolution No. 88-99 be adopted, a resolution of the City Council of the City of Redding authorizing application for a Conservation & Renewable Energy Cost Shared Assistance Grant (C&RE Grant) from the Western Area Power Administration for Customer Load Profile Development, and authorizing the City Manager to sign all necessary documentation. Western will provide up to $30,000 in funds for the project, and the City will match those funds with internal costs associated with Electric Department staff time. Resolution - Three Fire Protection Portable Pagers - Fire Dept. * (B-130-070 & P-150-070) It is the recommendation of the Fire Chief that Resolution No. 88-100 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 34th Amendment to the City Budget Resolution No. 87-214 transferring $950 for three portable pagers for the Fire Department. 3/15/88 Resolution - Crime Prevention Grant Application (G-100-070 & P-150-150) It is the recommendation of the Chief of Police that Resolution No. 88-101 be adopted, a resolution of the City Council of the City of Redding authorizing application for a grant for the Redding Community Crime Resistance Program under the 1985 Statutes for the California Community Crime Resistance Program and/or Federal Funds as authorized under the Justice Assistance Act of 1984, Public law 98-473, administered by the Office of Criminal Justice Planning (OCJP). The grant application is for $44,431; 80% funding by OCJP and 20% funding by the City. The total cost to the City is $11,108. Award of Bid - Bid Schedule No. 2013, Hilltop Drive and Auditorium Drive Median Construction * (B-050-020 & S-070-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2013 (Job No. 9508 & 9783), be awarded to the low bidder, Ron Hale Construction, in the amount of $91,791, subject to the Redding Redevelopment Agency (RRA) increasing its contribution of funds to the construction of the Hilltop Drive median construction. The bid amount for the Hilltop Drive Median construction is $58,720 for which $55,000 is provided in the RRA 1987/88 budget. The bid amount for the Auditorium Drive Median construction is $33,071 for which money is provided in the 1987-88 budget. A request will be made to the RRA to increase their budget by $5000 to fund the Hilltop Drive portion of the work. Award of Bid - Bid Schedule No. 2014, Curb, Gutter and Sidewalk at Various Locations * (B-050-020 & S-070-200)) It is the recommendation of the Public Works Director that Bid Schedule No. 2014 (Job No. 9503-45), Curb, Gutter and Sidewalk at various locations, be awarded to the low bidder, Robert J. Frank, in the amount of $62,333.90. Funds for this purchase are included in the 1987/88 budget, and approximately $19,000 will be reimbursed to the City by Caltrans for repair work done on State Highway routes through the City. Clover Creek Trunk Sewer Line - Request to Circulate RFP for Engineering Services (A-170-100-080) It is the recommendation of the Public Works Director that a Request for Proposal be circulated for the preparation of engineering services to complete the construction and easement drawings for the Clover Creek Sewer Assessment District. The cost for this engineering work is being requested by Public Works in the 1988-89 budget. Acceptance of Final Map - Somerset Estates (West of Victor and south of Marlene) (S-100-704) It is the recommendation of the Public Works Director that the Final Map for Somerset Estates, developed by Jerry L. Knighten Construction, Inc., be approved and the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution - Abatement Proceedings on Property at 2921 North Bonnyview Road, owned by William and Genevra Melendy (A-030-070) It is the recommendation of the City Attorney that Resolution No. 88-102 be adopted, a resolution of the City Council of the City of Redding approving the Report and Findings of the Board of Appeals, and ordering the abatement of the unsafe and unsightly debris and capping of the sewer at 2921 North Bonnyview Road, owned by William C. and Genevra A. Melendy. Resolution - Lease Agreement for Department of Justice at 6751 Old Oregon Trail (C-070-100) 3/15/88 It is the recommendation of the City Attorney that Resolution No. 88-103 be adopted, a resolution of the City Council of the City of Redding approving the Lease Agreement between the City of Redding and the State of California, acting by and through the Director of the Department of General Services, for the property located at 6751 Old Oregon Trail, Redding, and authorizing the Mayor to sign same. The term of the lease is August 1, 1987, through May 31, 1992. MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution Numbers 88-98, 88-99, 88-100, 88-101, 88-102, and 88-103 are on file in the office of the City Clerk. - - - - - WRITTEN COMMUNICATIONS Request by Mercy Medical Center Redding - Exhibit the Mercy Air Ambulance Helicopter (C-050-050) A letter was received from Mercy Medical Center Redding requesting permission to exhibit the Mercy Air Ambulance helicopter at the Health Fair for Senior Citizens on April 16-18, 1988, at the Redding Convention Center. MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, approving the request by Mercy Medical Center Redding to land and exhibit the Air Ambulance helicopter at the Senior Citizen's Health Fair April 16-18, 1988. The Vote: Unanimous Ayes Viacom Cablevision Balance Sheet (T-040-050) A letter was received from Viacom Cablevision with the Viacom Cablevision Balance Sheet for fiscal year 1987 for the Redding franchise area. This was an information item only, and no action was necessary. PUBLIC HEARING - re Appeal of Use Permit Application UP-121-86, by Allison Sanders (5558 Old Oregon Trail) (L-010-390) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re the Appeal of Use Permit Application UP-121-86. 3/15/88 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 March 9, 1988 Planning and Community Development Director Perry reported that the Planning Commission, by a five to one vote, approved Use Permit UP-121-86 granting Allison Sanders permission to construct a warehouse and six-phase hangar. Subsequent to that action, Leonard Bandell, attorney for Mr. Sanders, appealed Condition Nos. 2, 4, 5, 8, 11, 12, 15, 17, 18, 19, 20, 21, 22, and 27. Mr. Perry reviewed the conditions under appeal, answered questions, and gave recommendations. Leonard Bandell, 1330 West Street, stated that he represents Mr. Sanders. Mr. Bandell noted that in his letters to Council dated February 4, 1988 and February 25, 1988, he also requested that Council approve the use contemplated in the Use Permit, as required in Condition 3 of the Agreement of February 17, 1981, and that it be considered as a separate agenda item. He noted that that item is not on the agenda and he asked why not. Mr. Bandell said it is their belief that staff is subverting their request. Mr. Bandell pointed out that staff has placed an item on the agenda regarding "through-the-fence" easements. He added that the Planning Director has listed denial of the permit as an alternative and the public notice states that this is an appeal of conditions. City Attorney Hays noted that the Planning Director's recommendation does not say anything about revocation of a use permit, and that issue is not before Council tonight. Mr. Bandell questioned if public input will be allowed during the agenda item regarding "through-the-fence" easements and Vice Mayor Carter responded affirmatively. Regarding the Appeal of Condition No. 2, Mr. Bandell requested that the easement be automatically vacated if and when the clear zone is shifted off the property as opposed to a discretionary review by the City Council. Regarding Condition No. 4, Mr. Bandell stated that it is Mr. Sander's belief that there is sufficient water on the property to service fire flows with the use of an on-site reservoir. He added that they have not been given the opportunity to meet and confer with staff regarding this issue. Mr. Bandell pointed out that if the City had required waterlines to the Evergreen building, Sanders would be able to hook up at a cheaper cost. He asked that the City share proportionately in the cost. City Attorney Hays noted that the intent of Condition No. 4 is that ISO standards are met, whether by connecting to an existing waterline or using an on-site reservoir; the condition as written does not preclude the use of on-site water flows. In response to an inquiry by Council Member Johannessen, Mr. Perry explained that the Evergreen building was originally built in the County's jurisdiction, and it is currently leased to law enforcement agencies. Council Member Gard asked what is the potential for payback provisions if the waterline is required. Mr. Perry stated that there is a 10-year reimbursement provision in the Code. 3/15/88 Regarding Condition No. 5, Mr. Bandell asked if Old Oregon Trail is considered to be an all weather road. Mr. Perry stated that he believes it is, but he has not yet gotten that determination from the Fire Marshal. Regarding Condition No. 8, Mr. Bandell noted that curb, gutter, and sidewalk, etc. improvements are only required on the frontage. Regarding Condition No. 11, Mr. Bandell noted that if they do not connect to the water system, they will not have to pay connecting fees. Mr. Bandell noted that Condition No. 12 is agreeable to both sides. Regarding Condition No. 15, Mr. Bandell stated that the appellant only wants equal treatment; he noted that the Evergreen building does not cover their trash. He pointed out that government is not exempt from CEQA. Mr. Perry explained that all new use permits require trash enclosures; the Evergreen building was processed under the County. Regarding Condition No. 18, Mr. Bandell stated that this is the same situation; why is the Evergreen building exempt from this Condition, (landscaped planter along Old Oregon Trail frontage). The private sector should not be treated differently. Regarding Condition Nos. 20 and 21, Mr. Bandell stated that it is not appropriate to find those conditions (building setback from edge of clear zone and adjustment of site plan to eliminate parking in clear zone) without compensation. Regarding Condition No. 27, Mr. Bandell stated that the language appearing in the existing use permit is different from that which was stated at the Planning Commission meeting. He pointed out that the appellant must activate the use permit within a year; and he does not want to be pigeonholed. Council Member Johannessen noted that Hodges and Shutt are currently working on the Airport Plan, and we are waiting for that report in order to finalize the Layout Plan. MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Johannessen, seconded by Council Member Gard, to uphold the Appeal of Condition No. 2 pertaining to the Airport Clear Zone. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 4 pertaining to waterlines and fire flows; and deny the Appeal of Condition No. 5 pertaining to all-weather access during construction and fire-protection facilities. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard, to deny the Appeal of Condition No. 8 pertaining to street improvements on Old Oregon Trail. The Vote: Unanimous Ayes 3/15/88 MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 11 pertaining to benefit fees for connection to a public water system. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, to uphold the Appeal of Condition No. 12 pertaining to air and noise easement. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 15 pertaining to the Board of Administrative Review approving building, siding, and roofing. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 17 pertaining to a trash enclosure. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 18 pertaining to street landscaping. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Johannessen Noes: Council Members - Carter Absent: Council Members - Dahl MOTION: Made by Council Member Fulton, seconded by Council Member Carter, to uphold the Appeal of Condition No. 19 pertaining to participation in an assessment district for extension of sewer or water lines. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard, to deny the Appeal of Condition No. 20 pertaining to building setback from the edge of the clear zone and Old Oregon Trail. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 21 pertaining to keeping the clear zone clear. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, to deny the Appeal of Condition No. 22 pertaining to a corner rounding. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard, to deny the Appeal of Condition No. 27 pertaining to securing taxiway access. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Johannessen Noes: Council Members - Carter Absent: Council Members - Dahl Council Member Johannessen conveyed that this problem (pertaining to securing taxiway access) must come to a resolution as soon as possible. He noted that the appellant is contending that the City has been dragging their feet on this issue. Council Member Johannessen said he wants word from the FAA showing what is allowed and what is not allowed as soon as possible. Council Member Johannessen also pointed out that this is not the first time the City has been accused of violating its own rules (pertaining to trash enclosures and landscaping), and we should try to come as close as possible to what we require from the private sector. Council Member Gard concurred and said that the City should meet the requirement for trash enclosures and landscaping. 3/15/88 MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that Council finds pursuant to Section 15091 of the State EIR Guidelines, that changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in EIR-1-82; and find that pursuant to Section 15092, the agency has eliminated or substantially lessened all significant affects on the environment where feasible as shown in findings under Section 15091; and find that, in accordance with Section 18.70.050 of the Redding Municipal Code, the use permit, with the conditions as recommended, will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing or working in the area, nor will it be detrimental or injurious to property. The Vote: Unanimous Ayes PUBLIC HEARING - re the Lakeside Drive Plan Line (between Ridge Drive and Woodlawn Street) (L-010-200) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re the Lakeside Drive Plan Line. 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 March 8, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of the Lakeside Drive Plan Line designating the future width and location of the street right-of-way. MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that Council make the following findings re the Official Plan Line for Lakeside Drive: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration authorized by the Redding Planning Commission on February 9, 1988. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, approving the Official Plan Line for Lakeside Drive. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-14-87, by Gunner- Clermont, Inc. (3360 & 3400 Magnums Way) (A-010-040) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re Abandonment Application A-14-87. The following documents are on file in the office of the City Clerk: 3/15/88 Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated March 8, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of Abandonment Application A-14-87, requesting the abandonment of an open-space easement on properties located at 3360 and 3400 Magnums Way. The purpose of the abandonment is to create an additional multiple-family parcel from an area set aside as open space when the subdivision was created. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that Resolution No. 88-104 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of an open space easement located on properties at 3360 and 3400 Magnums Way (A-14-87). Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-104 is on file in the office of the City Clerk. PUBLIC HEARING - re Abandonment Application A-13-87, by Cross Petroleum (5292 Caterpillar Road) (A-010-100) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re Abandonment Application A-13-87. 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 March 8, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of A-13-87, a request to abandon Caterpillar Road and Twin View Boulevard right-of-way located at 5292 Caterpillar Road. The request is related to the development of an automated fuel-pumping station for diesel trucks and cars. It is the recommendation of staff that the abandonment application be approved in concept and a resolution of abandonment be brought before Council upon compliance of seven conditions of approval as stated in the attachment to the Report to Council dated March 8, 1988. MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that Council make the following findings re Abandonment Application A-13-87: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration authorized by the Board of Administrative Review on November 11, 1987. The Vote: Unanimous Ayes 3/15/88 MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that Abandonment Application A-13-87 be approved in concept and a resolution implementing same be brought before Council after Cross Petroleum complies with the seven conditions of approval. The Vote: Unanimous Ayes PUBLIC HEARING - re Annexation 85-9, Fig Tree Lane (A-150-177) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re Annexation 85-9. 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 March 8, 1988 Planning and Community Development Director Perry reported that the Shasta Local Agency Formation Commission approved Annexation 85-9, Fig Tree Lane, and designated the City Council as the agency for the conducting authority proceedings. It is recommended that if there is not a majority land value protest, Council adopt a resolution ordering the boundary change. Vice Mayor Carter determined that there were no protests. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that Resolution No. 88-105 be adopted, a resolution of the City Council of the City of Redding ordering territory designated as "Annexation 85-9, Fig Tree Lane" annexed to the City of Redding. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-105 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-1-88, by City of Redding (south and west of Akrich Street, east of Twin View Blvd. and north of Oasis Road) (L-010-230) The hour of 7:00 P.M., having arrived, Vice Mayor Carter opened the public hearing re Rezoning Application RZ-1-88. 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 March 8, 1988 3/15/88 Planning and Community Development Director Perry stated that this item was inadvertently advertised for a March 15, 1988 public hearing. It is the recommendation of staff that Council close the public hearing and direct the Clerk's office to readvertise for the April 5, 1988, Council meeting. MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes With the concurrence of Council, Vice Mayor Carter directed staff to readvertise the public hearing for RZ-1-88 for 7:00 p.m., April 5, 1988. APPEAL RE BANNERS AT 1150 CALIFORNIA STREET - by Terrance Miller, Miller Olds-Cadillac, Inc. (A-070-045) Public Works Director Arness reported that Terrance Miller protested the City's request to remove banners placed by Miller Olds-Cadillac across 1150 California Street. Mr. Miller asked to be placed on tonight's agenda. Mr. Arness stated that he does not endorse liberalizing the Redding Municipal Code pertaining to banners placed across City streets and a reduction of standards. Vice Mayor Carter called for comment and determined that there was none. He stated that the banners were removed, and the issue is moot. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, to reaffirm the City ordinance pertaining to banners placed across City streets. The Vote: Unanimous Ayes RESOLUTION - Commending Police Chief Robert H. Whitmer (A-050-270) MOTION: Made by Council Member Fulton, seconded by Council Member Gard, that Resolution No. 88-106 be adopted, a resolution of the City Council of the City of Redding commending Chief Robert H. Whitmer for his dedicated service to the City of Redding from November 1, 1969, through March 31, 1988. WHEREAS on November 1, 1969, Chief Whitmer took charge of the City of Redding's Police Department, consisting of 35 sworn officers and 10 civilians, with a budget of $593,000. Today the Department has 78 sworn officers, 40 full-time civilians, and a budget of $6.3 million. AND WHEREAS, accomplishments during Chief Whitmer's administration include: * Establishing written directives; * Providing incentives for formal and police education; * Providing management structure for staff development; and * Implementing the following programs: * Student Training and Orientation Program (STOP) * Police Explorer Program * Cadet Program * Field Training Officer Program * Crime Prevention Program * Special Enforcement Response Team (SERT) * Hostage Negotiation Team * Chaplain Corps * Three successful DUI State Grants * Relocation of the Police Department 3/15/88 AND WHEREAS, in the 1980's Chief Whitmer established: * A Field Identification Team; * An Officer-Involved Shooting Team; * Arrest Control Training; and * Participation in the Shasta Interagency Narcotics Task Force (SINTF). AND WHEREAS, in addition thereto: * Civilianization was introduced with the Services Director position and the Community Service Officer Program. * The Records and Dispatch functions are fully automated and have become model programs Statewide. * A computer link with the City of Anderson and Shasta County is progressing. * Police Communications have been upgraded to multiple channels in the cars, and personal radios are widely used. * Dispatching services are provided for City Police, City Fire, and medical communications, County-wide. * The automatic vehicle locator system has just been approved, and installation is imminent. AND WHEREAS, Chief Whitmer is retiring from the City of Redding on March 31, 1988. IT IS, THEREFORE, RESOLVED that the City Council of the City of Redding hereby commends Chief Robert H. Whitmer on his accompl ishments, and for his 18 1/2 years of dedicated service to the City of Redding Police Department and the citizens of this community. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 15th day of March, 1988, and was duly adopted at said meeting by the following vote: Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-106 is on file in the office of the City Clerk. RESOLUTION - Proclaiming March 13-19, 1988, as Amnesty Awareness Week (A-050-060-600) MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that Resolution No. 88-107 be adopted, a resolution of the City Council of the City of Redding proclaiming the week of March 13-19, 1988 as Amnesty Awareness Week. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-107 is on file in the office of the City Clerk. 3/15/88 RESOLUTION - Proclaiming April 3-10, 1988, as Shasta Dixieland Jazz Festival Week (A-050-060-600) MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that Resolution No. 88-108 be adopted, a resolution of the City Council of the City of Redding proclaiming April 3 through 10, 1988, as Shasta Dixieland Jazz Festival Week. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-108 is on file in the office of the City Clerk. ORDINANCE - Planned Development Application PD-4-87, by Brian Burk (East bank of ACID Canal and north of South Street) (L-010-210-573) MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that the full reading of Ordinance No. 1845 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, that Ordinance No. 1845 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-4-87). Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Ordinance No. 1845 is on file in the office of the City Clerk. LETTER IN SUPPORT OF MT. SHASTA SKI AREA (A-050-060) Vice Mayor Carter requested that Council support the proposed Mt. Shasta Ski Area facility, Alternative No. 4, planned by Mr. Carl Martin and send a letter of support to the Shasta-Trinity National Forest Supervisor. Vice Mayor Carter noted that the ski facility is an excellent idea and will enhance the local economy. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, to wholeheartedly support the proposed Mt. Shasta Ski Area facility, Alternative No. 4, by Carl Martin, and send a letter of support to the Shasta-Trinity National Forest Supervisor. The Vote: Unanimous Ayes LIBRARY SERVICE (A-050-060) Noting that the results of the County election on the sales tax proposal effectively closed the doors of the Shasta County Library, City Manager Christofferson suggested that a public opinion survey be conducted to determine what the voters are thinking and what they really want and feel they can afford in library services. The City is looking at what possible action to take regarding reinstatement and funding of library services, either individually, or with the County and Anderson, and the poll would be helpful in making those decisions. He explained that the poll could be conducted in a variety of ways, either by a professional or by staff. Mr. Christofferson noted that a staff survey could lack impartiality. 3/15/88 Council Member Gard stated that Dr. Kerlan, Director of USC School of Government, has data on what type of issues have been successful in gaining public support. She added that designated measures are passing. Council Member Fulton asked if, before going ahead with the poll, a questionnaire could be inserted in the utility bill to get some idea of the public sentiment. Mr. Christofferson stated that if a poll is undertaken, the voters, as opposed to the utility customers, would be addressed; and Council Member Fulton's suggestion would include both groups. Vice Mayor Carter stated that this should become the City's top priority. A library is one of the most important institutions to attract business, and loss of the library is causing negative feedback. He added that without adequate library service, students become less competitive. In response to an inquiry by Council Member Johannessen, Mr. Christofferson stated that November would be the earliest time this issue could be on the ballot. Council concurred that a professional poll should be conducted and authorized City Manager Christofferson to develop a specific plan. DOWNTOWN MALL (M-010-200 & P-030-200) City Manager Christofferson noted that as a result of the Downtown Mall Association's decision to no longer pay the "free parking charge," staff has reviewed the ways in which the City subsidizes the Downtown Mall and made recommendations to offset the loss of revenue, and the resultant burden on the General Fund. Staff and the Board of Directors of the Downtown Mall Association have met and discussed the issues, and City Manager's supplemental recommendations to Council dated March 15, 1988, are a result thereof and incorporated by reference herein. It is the recommendation of the City Manager that from the proceeds of the business improvement area tax, the amount of $2000 be withheld to reimburse the City for its actual costs (time and effort) related to the billing and collection of the Mall assessments. It is also recommended that the Traffic and Parking Commission be instructed to prepare an analysis and make recommendations as to the long-term solution to the parking problems in the area; operational cutbacks be made that would reduce the expense of operating the Mall; regular meetings between staff and Mall Merchant's Association be held; additional parking restrictions; explore feasibility of establishing an assessment district in the C-4 area for business improvement; modifying certain tables and benches to discourage transients; and reject the initial budget submitted by the Downtown Mall and a new budget be submitted to include additional contributions towards the cost of operating and maintaining the Mall. Chuck Zink, 800 August Way, spokesperson for the Redding Mall, expressed his appreciation to City Manager Christofferson for the outstanding manner in which he is managing the City. Mr. Zink stated that the Association would like to create an assessment district in the C-4 area to finance parking improvements; the area is growing and will require additional parking. 3/15/88 Vice Mayor Carter stated that staff can supply information to the Association, but it will be up to the Association to sell the assessment district to the area. The Downtown Mall Merchants submitted a revised Summary of Income & Expenditures February 1, 1987, to January 31, 1988, dated March 15, 1988 for approval. MOTION: Made by Council Member Fulton, seconded by Council Member Gard, approving the revised Downtown Mall Association's Summary of Income and Expenditures February 1, 1987, to January 31, 1988, and City Manager's recommendations dated March 15, 1988, and resolve the problems. The Vote: Unanimous Ayes The Downtown Mall Association also requested that parking meters be bagged in the downtown area during the Shasta Area Health Fair to be held March 17-19, 1988. MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that parking meters be bagged in the downtown area during the Shasta Health Fair on March 17-19, 1988 as follows: California Street - Placer to Shasta; Pine Street - Placer to Shasta; Market Street - Shasta to Tehama; Market Street - Placer to Sacramento; Placer Street - Railroad to East; Yuba Street - Railroad to East; Tehama Street - Railroad to East; Butte Street - Railroad to East; and Shasta Street - Railroad to East. The Vote: Unanimous Ayes DIESTELHORST BRIDGE REPLACEMENT - Environmental Study (G-100-070 & S-070-050) Planning and Community Development Director Perry requested authorization to circulate the Request for Proposal for the Environmental Studies on the impact of constructing a bridge parallel to the Diestelhorst Bridge. Mr. Perry recalled that Council previously authorized staff to enter into an agreement with Caltrans to accept federal funds through the Federal Bridge Replacement Funding Program. The estimated cost of the environmental impact study (EIR and EIS) is approximately $50,000; the Federal Government's share of cost is 80% and the City's share of cost is 20%. If Council concurs, staff will present a recommendation regarding the selection of a consultant for the work and a request to appropriate funds for the study at a later date. Council Member Johannessen questioned if this study will include improvement to Riverside Drive. Mr. Perry responded that these funds are only available for the replacement of the bridge. MOTION: Made by Council Member Johannessen, seconded by Council Member Fulton, authorizing staff to circulate the request for proposal for consulting services for preparation of the environmental studies on the impact of constructing a bridge parallel to Diestelhorst Bridge. The Vote: Unanimous Ayes RESOLUTION - Contract Services for the Spring Creek Pumped Storage Project with Black & Veatch/Motor Columbus, Associates (BVMCA) (E-120-070-655) Electric Director Lindley reported that the Electric Department and the Electric Utility Commission recommend the continuation of consulting services necessary to obtain a FERC license 3/15/88 application for the Spring Creek Pumped Storage Project. Mr. Lindley explained that the project is viable and can provide us with up to 100 MW of power. It is the recommendation of staff to approve BVMCA proceeding with preparation of a license application; authorize the expenditure of $472,646 (of which 46% will be withheld until a FERC license application is received) for work under the existing contract with BVMCA; negotiate a contract amendment with BVMCA for geotechnical work; and release bid documents for the core drilling associated with the geotechnical work. Mr. Lindley explained that funds are available in the 1985 Electric System Financing for the remaining contracted work. Council Member Johannessen noted that this project has great potential, and Council Member Gard concurred. Council Member Carter noted that the Department of Fish & Game endorse the project; and pumped storage is an answer to our energy problem, especially during peak power times. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, that Resolution No. 88-109 be adopted, a resolution of the City Council of the City of Redding authorizing Black & Veatch/ Motor Columbus & Associates (BVMCA) to proceed with preparation of a Federal Energy Regulatory Commission (FERC) License Application for the Spring Creek Pumped Storage Project; authorizing expenditures for work under the existing contract with BVMCA; and authorizing staff negotiation of a contract amendment. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Resolution No. 88-109 is on file in the office of the City Clerk. REDDING MUNICIPAL AIRPORT - "Through-the-Fence" Easements (A-090-100) Airports Director Homan stated that, in accordance with Council instruction in October of 1986, staff has been working with Shasta Enterprises and Allison Sanders in an effort to implement the "through-the-fence" easement, but in a manner that would not jeopardize FAA discretionary grant funding. Mr. Homan conveyed that negotiations have not resulted in a mutually acceptable solution that would satisfy the property owners and also protect the Airport. Mr. Homan noted that the "through-the-fence" easement was issued by the City in 1981 and submitted to the FAA which declined to approve the easement. Everything is at a standstill. The Master Plan Update has a policy recommendation with no "through-the-fence" easements. The current Airport Land Use Plan shows the easement and the FAA disapproves. The Master Plan Update will be presented to Council on May 3, 1988, for approval. FAA has requested that we move ahead with the Master Plan; therefore, the easement situation and "through-the-fence" access must be addressed. It is the recommendation of staff to bring this matter back to Council on April 5, 1988, for discussion and consideration, along with a contingent offer to purchase and draft Resolution of Public Convenience and Necessity. Mr. Homan advised that the EIR is nearing completion. Leonard Wingate, 292 Hemsted Drive, representing Shasta Enterprises, referred to the 1986 letter from Michael Mavrakis of the FAA saying the notice of construction cannot be processed at this time since the City could be placed in a noncompliance status precluding any further grant projects and suspending all payments. 3/15/88 Mr. Wingate questioned if Council is being asked to make a premature decision on the resolution of condemnation. He noted that there are several things going on. Mr. Wingate stated that until policy has been decided, a resolution is premature, and it will be difficult for the property owner to act. He pointed out that there is little time left; a final offer must be made, they must have 15 days notice, and the property owner must be given time to review it. Leonard Bandell, 1330 West Street, representing Allison Sanders, noted that Council directed staff to go to FAA and show them the easement to see if approval could be made. Airports Director Homan said this was done. Mr. Bandell disagreed. He inquired why his request for an agenda item regarding the use of property pursuant to the Agreement of 1981 was not put on the Agenda. Mr. Bandell said they are entitled to a response. City Manager Christofferson stated that it will be on the next Council agenda. Mr. Bandell noted that there is some mischaracterization regarding discussions that took place between City staff, Shasta Enterprises, and Sanders involving a potential compromise solution. He charged that staff tried to get Council to condemn the property and now they are trying to downzone the property, so it cannot be used. Assistant City Attorney McNeill stated that the issue is urgent; it is tied together with the adoption of the Master Plan. Staff is not asking for a commitment to buy the property at this time, only to lay the groundwork if Council should decide to proceed with eminent domain proceedings. MOTION: Made by Council Member Fulton, seconded by Council Member Gard, authorizing staff to bring the matter of the Sanders and Shasta Enterprises property and their "through-the-fence" easement back to Council on April 5, 1988, for discussion and consideration, along with a contingent offer to purchase and draft Resolution of Public Convenience and Necessity. Voting was as follows: Ayes: Council Members - Fulton, Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl SACRAMENTO RIVER TRAIL PARKING NEEDS * (P-050-460-700 & P-030-250 & T-080-500) Council Member Carter stated that he will abstain from discussing and voting on this issue. Planning and Community Development Director Perry stated that the Traffic and Parking Commission recommended construction of three parking facilities adjacent to Benton Drive and Riverside Drive. He conveyed that Public Works Director Arness is working with Associated General Contractors to help construct the parking facilities on a voluntary basis; but it may require a formal bid. Mr. Perry reported that an additional 170 parking spaces will be provided. Public Works Director Arness stated that the Traffic and Parking Commission reviewed concerns expressed by the neighborhood and made recommendations to assist both trail users and residents. 3/15/88 Mr. Arness conveyed that most of the neighborhood is pushing for permit parking, but staff and the Police Department do not feel this is appropriate at this time. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, to (1) prohibit parking at all times in the cul-de-sac area of Harlan Drive; (2) establish two handicapped parking spaces on the southerly curb line of Harlan Drive east of the cul-de-sac; (3) construct as soon as possible parking facilities adjacent to Benton and Riverside for trail users; (4) modify the two-way traffic pattern along Benton and the Diestelhorst Bridge to one-way northbound from the trail parking lot south of Diestelhorst Bridge to the Lake Redding Park access road; and (5) post larger informational signing along the west end of Harlan advising trail users of available parking on Benton/Riverside. There shall be a review at the end of two months to determine if additional restrictive parking modifications, such as residential permit parking, should be implemented along Harlan Drive. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Johannessen Noes: Council Members - None Absent: Council Members - Dahl Abstain: Council Members - Carter Council Member Fulton asked when the plan to modify traffic on Diestelhorst Bridge will go into effect. Mr. Arness stated that staff will return with a resolution at the next meeting. CLOVER CREEK ASSESSMENT DISTRICT 1981-3 - Engineering Work by Sharrah-Nolte (A-170-100-080) Public Works Director Arness stated that in 1980, Sharrah-Nolte was retained by developers to engineer the original Clover Creek Sewer Assessment District. In 1985, the decision was made to construct the Stillwater plant, the District was abandoned, and a new, larger District established. Mr. Arness explained that the City is now the Engineer of Work for the larger district, and we are utilizing the work performed by Sharrah-Nolte. Abandonment of the District was caused by the City and beyond the control of Sharrah-Nolte. It is the recommendation of staff that Sharrah-Nolte be compensated for the work performed. MOTION: Made by Council Member Gard, seconded by Council Member Johannessen, authorizing payment to Sharrah-Nolte and Associates in the amount of $50,915.98 from City funds and the money be covered from the sale of the assessment district bonds proceeds. Voting was as follows: Ayes: Council Members - Gard, Johannessen and Carter Noes: Council Members - None Absent: Council Members - Dahl Abstain: Council Members - Fulton CLOSED SESSION * (C-070-010 & C-090-100) Vice Mayor Carter announced that Council will adjourn to closed session pursuant to the following California Government Code Sections: (1) 54956.8 to discuss real property negotiations for the purchase of property bordered by Dersch and Airport Roads, owned by Dr. William Sandrock, et al., and (2) 54956.9(a) to discuss the status of pending litigation in the cases of Shasta Enterprises v. City of Redding, et al., and Allison Sanders, et al., v. City of Redding, et al. 3/15/88 At the hour of 10:18 p.m., Council adjourned to Closed Session. At the hour of 11:10 p.m., Council reconvened to Regular Session. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Application (A-110-140) 7-Eleven Food Store (The Southland Corporation) 1800 Eureka Way 317 Lake Boulevard 3002 Placer Street 3400 Bechelli Lane ADJOURNMENT At the hour of 11:10 p.m., Vice Mayor Carter declared the meeting adjourned to 6:15 p.m., Wednesday, March 16, 1988, at the City Hall Conference Room, to review preliminary drawings of the placement of buildings and traffic patterns for the Civic Center Project. APPROVE: __________________________________ Vice Mayor ATTEST: __________________________________ City Clerk 3/15/88