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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1988-09-06 City Council, Regular Meeting Council Chambers Redding, California September 6, 1988 7:05 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Pastor Wayne Young of the Seventh Day Adventist Church. The meeting was called to order by Mayor Johannessen with the following Council Members present: Buffum, Carter, Dahl, Fulton, and Mayor Johannessen. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Public Works Director Galusha, Electric Utility Director Lindley, Planning and Community Development Director Perry, Chief of Police Blankenship, Fire Chief Bailey, Resources Manager Coleman, Director of Finance Downing, Recreation and Parks Director Riley, Assistant City Attorney McNeill, Associate Civil Engineer Hastings, Senior Planner Keaney, Director of Information Systems Kelley, Housing Administrator Maurer, Risk Manager Kirkpatrick, Communications Specialist Teach, Budget Services Officer O'Lane, City Treasurer Linville, City Clerk Nichols, and Secretary to the City Council Moscatello. Mayor Johannessen acknowledged and welcomed members of Boy Scout Troop No. 125. RESOLUTION - August Employee of the Month (P-100-200) Mayor Johannessen stated that Communications Specialist Ron Teach has been chosen as the August Employee of the Month under the Public Service and Productivity Award Program. Mayor Johannessen presented Mr. Teach with a plaque and congratulated him for the design of the telephone and data delivery system, a proposal estimated to save the City $800,000 over a ten-year period. MOTION: Made by Council Member Dahl, seconded by Council Member Carter, that Resolution No. 88-300 be adopted, a resolution of the City Council of the City of Redding recognizing the August 1988 "Employee of the Month" in the City's Public Service and Productivity Award Program. Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-300 is on file in the office of the City Clerk. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of August 16, 1988 Adjourned Regular Meeting of August 18, 1988 Adjourned Regular Meeting of August 27, 1988 9/6/88 Approval of Payroll and Accounts Payable Register (B-130-110) Recommend that Accounts Payable Register No. 04, check numbers 137109 through 137663 inclusive, in the amount of $3,410,439.10, be approved and paid, and Payroll Register No. 04, check numbers 265037 through 265743 inclusive, in the amount of $656,793.09, and Automatic Payroll Deposits in the amount of $103,912.56, for the period August 07, 1988 through August 20, 1988, be approved. TOTAL: $4,171,144.75 Resolution - Agreement with Charles Reynolds for Labor Relations Service (P-100-050) It is the recommendation of the City Manager that Resolution No. 88-301 be adopted, a resolution of the City Council of the City of Redding approving the Personnel and Labor Relations Service Agreement between the City of Redding and Charles R. (Ron) Reynolds, Inc., effective September 1, 1989, and authorizing the Mayor to sign same. Set Public Hearing - General Plan Amendment Application GPA-7-88, by Charles Jewell (455 Beagle Lane) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 20, 1988, to consider General Plan Amendment Application GPA-7-88. Set Public Hearing - General Plan Amendment Application GPA-9-88, by Simpson College (south of College View Drive and east of Sunridge Drive) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 20, 1988, to consider General Plan Amendment Application GPA-9-88. Contract Change for Mary Lake Trail (P-050-460-250) It is the recommendation of the Risk Manager that the insurance certificate submitted by Evergreen Engineering for design of the Mary Lake Trail be approved. The certificate is correct with the exception of not having the appropriate wording regarding "Additional Insured." Set Public Hearing - Appeal of Tentative Subdivision Map S-6-88, Stone Ridge Estates, by Stoney Ridge Partners (East of Buenaventura Blvd.) (S-100-707-710) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 20, 1988, to consider the Appeal of Tentative Subdivision Map S-6-88. Award of Bid - Bid Schedule No. 2083, Video Equipment for Tourist Channel (B-050-100) It is the recommendation of the Planning Director that Bid Schedule No. 2083, Video equipment for Tourist Channel 8, be awarded to the third low bidder, Professional Video Sales, Inc., in the amount of $23,669.80. The two low bids did not meet the requirements of the specifications. Resolution - Bid Schedule No. 2086, Contract for Geotechnical Work for Spring Creek Pumped Storage Project (B-050-020 & E-120-070-655) It is the recommendation of the Electric Director that Resolution No. 88-302 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for the necessary geotechnical work for the Spring Creek Pumped Storage Project (Bid Schedule 2086); declaring that the required geotechnical work may be acquired in the open market; and authorizing the negotiation thereof and execution of contracts by the City Manager. 9/6/88 The only bid received significantly exceeded the consultant's estimate, and it is believed that dividing the geotechnical work into three separately negotiated contracts for surveying, core drilling, and geophysical work, at a combined cost not-to-exceed $220,000, will accomplish the work in a more cost effective manner. Award of Bid - Bid Schedule No. 2096, Overhead Secondary Aerial Cable (B-050-100) It is the recommendation of the Electric Director that Bid Schedule No. 2096, Overhead Secondary Aerial Cable, be awarded to the sole bidder, WESCO, in the amount of $37,454.04. Funds for this purchase are included in the 1988/89 budget. Award of Bid - Bid Schedule No. 2095, Three-Phase Padmount Distribution Transformers (B-050-100) It is the recommendation of the Finance Director that Bid Schedule No. 2095, Three-Phase Padmount Distribution Transformers , be awarded to the second evaluated low bidder, General Electric Supply Co., in the amount of $71,456.72. The low bidder did not comply with the requirements of the specifications. Funds for this purchase are included in the 1988/89 budget. Award of Bid - Bid Schedule No. 2093, Substation Equipment Testing (B-050-100) It is the recommendation of the Finance Director that Bid Schedule No. 2093, Substation Equipment Testing, be awarded to the low bidder, Power Systems Testing, in the amount of $7,710 for fiscal year 1988/89. Funds for this purchase are included in the 1988/89 budget. Liability Claim #88-093-851 - Robert Hastings (R-100-550-250) It is the recommendation of the Risk Manager to settle the claim with Robert Hastings by approving a settlement of $5,997.11 which is the cost of repairs to the 1971 Porsche. It was determined that the City of Redding is liable for damages to Mr. Hasting's vehicle. Resolution - Agreement with Cooperative Personnel Services (P-100-060) It is the recommendation of the Personnel Director that Resolution No. 88-303 be adopted, a resolution of the City Council of the City of Redding approving the Test Use Agreement with Cooperative Personnel Services, a local government services unit within the California State Personnel Board, and authorizing the Mayor to sign all necessary documentation. The term of the Agreement is July 1, 1988, through June 30, 1989. Resolution - Lease of Floor Space at City's Hill 900 Communication Facility (C-070-100) It is the recommendation of the Police Chief that Resolution No. 88-304 be adopted, a resolution of the City Council of the City of Redding approving the Lease Agreement between the City of Redding and Valley Industrial Communications, Inc. as agent for Motorola, Inc., for use of space on property located at Hill 900, and authorizing the Mayor to sign same. The Lease Agreement provides an annual rental fee of $900, and the Agreement commences September 1, 1988, for a period of one year and renewed thereafter on a month-to-month basis. 9/6/88 Resolution - Purchase of Diesel Engine for Fire Engine * (B-130-070 & B-050-100) It is the recommendation of the Director of General Services that Resolution No. 88-305 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 9th Amendment to the City Budget Resolution No. 88-235 appropriating $20,000 for a replacement diesel engine for a fire engine. The engine purchase is a single vendor item from Peterson Tractor at a cost of $10,228.30. Resolution - Parking Meter Modifications in Downtown Area * (B-130-070 & B-050-100) It is the recommendation of the Public Works Director that Resolution No. 88-306 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 7th Amendment to the City Budget Resolution No. 88-235 appropriating $78,500 for the parking modifications in the Downtown Area. The parking meter coin mechanisms will be replaced to accommodate the rate change, at a cost of $54.54 per meter, for 700+ Duncan parking meters. The City will also be purchasing an additional 133 meters. The cost will be $46,359, plus freight, one way. Acceptance of Improvements - Lake Keswick Estates, Unit 1 (North of Keswick Dam Road and west of Quartz Hill Road) (S-100-417) It is the recommendation of the Public Works Director that the improvements for Lake Keswick Estates Subdivision, Unit 1, developed by the Lake Keswick Estates Development Corporation, be accepted as satisfactorily completed. Resolution Accepting Streets and Acceptance of Improvements for Lot Split LS-18-87, Phase 2 (In the Mountain Lakes Industrial Park) * (S-070-230 & L-010-150) It is the recommendation of the Public Works Department that Resolution No. 88-307 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Zachi Way in Phase 2 of the KMS Industrial Development, pursuant to Lot Split LS-18-87. It is also recommended that the improvements for Lot Split LS-18-87, Phase 2, developed by KMS Research Laboratories, Inc., be accepted as satisfactorily completed. Notice of Completion - Bid Schedule No. 2066, Peppertree Park Pedestrian Trail and Storm Drain Improvements (B-050-020 & P-050-460-500) It is the recommendation of the Public Works Director that Bid Schedule No. 2066 (Job No. 9762), Peppertree Park Pedestrian Trail and Storm Drain Improvements, awarded to Eddie Stone & Sons , be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $59,147.50. Resolution - Purchase of Conveyor Belt for Clear Creek Wastewater Treatment Facility * (B-130-070 & B-050-100) It is the recommendation of the Public Works Director that Resolution No. 88-308 be adopted, a resolution of the City Council of the City of Redding approving and adopting the 8th Amendment to the City Budget Resolution No. 88-235 transferring $6,900 for the purchase of conveyor belt for the Clear Creek Waste Water Treatment Facility. 9/6/88 It is recommended that the conveyor belt be purchased from Buck-el, Inc., for $6,900. The conveyor belt is a specialty item available only from Buck-el. Master Water Plan - Recommendation to Issue Request for Proposals (W-030-300) It is the recommendation of the Public Works Director that the Request for Proposal process be used to select the consultant to prepare the Master Water Plan update. Funds in the amount of $55,000 have been budgeted for this project. Notice of Completion - Bid Schedule No. 2073, Winding Way Alley (B-050-020 & S-070-020) It is the recommendation of the Public Works Director that Bid Schedule No. 2073 (Job No. 9859), Winding Way Alley, awarded to Ron Hale Construction, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $29,912. Resolution - Agreement with KMS Research Laboratories, Inc. to Participate in Assessment District Proceedings (A-170-100) It is the recommendation of the Public Works Director that Resolution No. 88-309 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and KMS Research Laboratories, Inc. to participate in assessment district proceedings for the Industrial Park Bypass and Lower Boulder Creek Bypass Sewer as discussed in the 1979 Master Sewer Plan, and authorizing the Mayor to sign same. This Agreement was prepared pursuant to the Conditions of Approval of Parcel Map 18-87. Resolution - Agreement with KMS Research Laboratories, Inc. to Connect to Future Gravity Sewer (A-170-100) It is the recommendation of the Public Works Director that Resolution No. 88-310 be adopted, a resolution of the City Council of the City of Redding and KMS Research Laboratories, Inc. regarding connecting via gravity to any future gravity sewer, and authorizing the Mayor to sign same. This Agreement was prepared pursuant to the Conditions of Approval of Parcel Map 18-87. Acceptance of Final Map - Willowbrook Estates, Unit 2 (North of Old Alturas Road, east of Churn Creek and adjacent to Parkwood Estates and Blackhawk Estates Subdivisions) (S-100-797) It is the recommendation of the Public Works Director that the Final Map for Willowbrook Estates, Unit 2, developed by KSA Associates, be accepted, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Resolution - Agreement with Shasta Union High School District and Redding Swim Club (P-050-700-300) 9/6/88 It is the recommendation of the City Attorney and the Recreation and Parks Director that Resolution No. 88-311 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding, Shasta Union High School District, and Redding Swim Club for use of the swimming pool at Enterprise High School, and authorizing the Mayor to sign same. The terms of the Agreement is for the period June 1, 1988, through August 22, 1988. Resolution - Abatement Proceedings on Property Located at 5230 East Bonnyview Road, owned by Ronald Hackler (A-030-070) It is the recommendation of the City Attorney and the Board of Appeals that Resolution No. 88-312 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 building(s) and debris on the property located at 5230 East Bonnyview Road, owned by Ronald Hackler (previously owned by Frances Townsend). Resolution - Utility Pay Station Operator Agreement - Albertson's Food Center, Inc. (A-050-700) It is recommended that Resolution No. 88-313 be adopted, a resolution of the City Council of the City of Redding approving a Utility Pay Station Operator Agreement for Albertson's Food Center, Inc., Store No. 767, and authorizing the City Manager to sign same. The Agreement is effective July 1, 1988, and remains in effect until either party signifies a desire to terminate it in accordance with the terms of the Agreement. MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution Numbers 88-300, 88-301, 88-302, 88-303, 88-304, 88-305, 88-306, 88-307, 88-308, 88-309, 88-310, 88-311, 88-312, and 88-313 are on file in the office of the City Clerk. - - - - - WRITTEN COMMUNICATIONS Letter from Veterans Administration (A-050-060) A letter was received from C. H. Nixon, Director of the Veterans Administration, thanking Council Member Dahl for the part he played in establishing the new VA Medical Office in Redding. Mr. Nixon noted that the project required a lot of effort and coordination and it is obvious by the success of the new Medical office that Council Member Dahl and the Advisory Committee did their work well. Letter from Jake Brutlag (L-050) A letter was received from Jake Brutlag, a Shasta High School student, expressing concern about the future of the library. Mr. Brutlag noted that while the school library may satisfy some of his needs, he uses the city library for additional resources. He implored Council to continue to give the library further consideration if Measure L fails to pass. 9/6/88 POLK STREET/LEBRUN LANE STREET ASSESSMENT DISTRICT - 1987-4 (A-170-120-600) Bond Counsel Ed Ness submitted the resolution ordering sale of bonds for adoption. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 88-314 be adopted, a resolution of the City Council of the City of Redding ordering sale of bonds in the LeBrun Lane/Polk Street Street Assessment District No. 1987-4. Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-314 is on file in the office of the City Clerk. It is the recommendation of the Public Works Director that the Negative Declaration for the Polk Street/LeBrun Lane project be ratified. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Council make the following findings re the construction of Polk Street and LeBrun Lane: 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 August 24, 1988. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Appeal of Revocation of Use Permit Application UP-45-86, by Richard Shrock (2415 Girvan Road) (L-010-390) The hour of 7:00 P.M. having arrived, Mayor Johannessen opened the continued public hearing re the Appeal of Revocation of Use Permit Application UP-45-86. The following documents are on file in the office of the City Clerk: Affidavit of Continued Public Hearing Planning Department recommendation dated September 1, 1988 Planning and Community Development Director Perry recalled that this public hearing was continued from the meeting of August 18, 1988. Mr. Perry indicated that since the Planning Commission revoked UP-45-86, Mr. Shrock has proceeded to bring the property into compliance with the conditions of approval. It is the recommendation of staff that the appeal be upheld and UP-45-86 be allowed to continue. Mr. Perry noted that the use permit will expire on November 25, 1988, and Mr. Shrock must request an extension at that time. Robert Rehberg, attorney for applicant Richard Shrock, asked for clarification of staff's position. Mr. Perry stated that staff is recommending that the appeal be upheld. 9/6/88 MOTION: Made by Council Member Fulton, seconded by Council Member Carter, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Carter, seconded by Council Member Dahl, that the Appeal of Revocation of Use Permit UP-45-86, by Richard Shrock, be upheld. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-3-88, by David Payne (1134 LeBrun Lane) L-010-230) The hour of 7:00 P.M. having arrived, Mayor Johannessen opened the public hearing re Rezoning Application RZ-3-88. 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 September 1, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of RZ-3-88, proposing the rezoning of property from "U" Unclassified District to "RM-9" Multiple Family Residential District. It is the recommendation of staff that the property be zoned as recommended. Mayor Johannessen ascertained that there was no one present to speak for or against the rezoning. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Council make the following findings re RZ-3-88: 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 April 6, 1988. The Vote: Unanimous Ayes Council Member Dahl offered Ordinance No. 1859 for first reading, 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 (RZ-3-88). PUBLIC HEARING - re Determination of Public Convenience and Necessity for Limousine Service, by William Alvin Roberts, dba Royal Coach Limousine (T-100-150) The hour of 7:00 P.M. having arrived, Mayor Johannessen opened the public hearing re the determination of Public Convenience and Necessity for Limousine Service. 9/6/88 The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing City Attorney Hays reported that William Roberts has applied for a Limousine Owner's Permit, and Section 6.32.020 of the Redding Municipal Code requires Council approval of permits for vehicles for hire. Mr. Hays stated that if Council determines that public convenience and necessity requires the operation of another limousine service in Redding, approval should be subject to submittal of a financial statement, an appropriate insurance certificate, and approval of the vehicle by the Chief of Police. William Roberts, 3604 Cal Ore Drive, stated that there is one other limousine service in Redding that is comparable to what he is offering. Mr. Roberts explained that he has one vehicle for hire. MOTION: Made by Council Member Carter, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Carter, approving William Alvin Robert's, dba The Royal Coach Limousine, Limousine Owner's Permit, subject to submittal of a financial statement, an appropriate insurance certificate and approval of vehicle(s) by the Chief of Police. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-8-88, by the Shasta County Office of Education (2210 Canyon Creek) L-010-230) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re Rezoning Application RZ-8-88. 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 September 1, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval to rezone the property to "C3-FP" Heavy Commercial and Light Industrial District. Mr. Perry explained that the Office of Education has a need for an interim school site. The present use was established as an emergency use by use permit even though such use is not allowed in the present "M-2" Industrial District, and the intent of the rezoning application is to give the Office of Education three to five years to look for a new permanent location. Mr. Perry explained that a good portion of this site will eventually be necessary for future road extensions and street realignments. It is the recommendation of staff that the rezoning be approved. Mayor Johannessen questioned if this use will preclude the City from extending the road during this time. Mr. Perry replied affirmatively. MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Buffum, seconded by Council Member Fulton, that Council make the following findings re Rezoning Application RZ-8-88: 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 July 20, 1988. The Vote: Unanimous Ayes Council Member Buffum offered Ordinance No. 1860 for first reading, 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 (RZ-8-88). 9/6/88 PUBLIC HEARING - re Rezoning Application RZ-9-88, by City of Redding (north of Tarmac Road, east of Abernathy Lane, and south and west of Highway 44) (L-010-230) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re Rezoning Application RZ-9-88. 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 September 1, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of RZ-9-88, proposing the prezoning to "C-3-F" Heavy Commercial and Light Industrial District with site-plan-review criteria. Mr. Perry stated that the rezoning takes into consideration the existing uses and the Columbia Area Plan. MOTION: Made by Council Member Buffum, 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 Fulton, that Council make the following findings re RZ-9-88: 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 August 9, 1988. The Vote: Unanimous Ayes Council Member Dahl offered Ordinance No. 1861 for first reading, 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 (RZ-9-88). PUBLIC HEARING - re Abandonment Application A-3-88, by Alan Hill (Churn Creek/Hawley Road) * (A-010-040 & A-010-100) 9/6/88 The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re Abandonment Application A-3-88. 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 September 1, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of A-3-88 to abandon a 60-foot-wide road and public-utility easement, a road-slope easement, 96 feet of right-of-way for future Hawley Road, and an 84-foot-wide offer of dedication for future Hawley Road south of Highway 299 East. It is the recommendation of staff that the abandonment application be approved. Ray McHale, 1526 Canby, questioned where the future alignment of Hawley Road will be and who is going to pay for it and the bridge across Boulder Hill. Mr. McHale expressed concern that the road would encroach on his property and home. Mr. Perry stated that the Public Works Department has developed two alternate routes, and he invited Mr. McHale to meet with him and discuss the alternatives. Mr. Perry explained that several property owners are considering forming an assessment district and some redevelopment money will be available for construction of the road. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that Council make the following findings re Abandonment Application A-3-88: 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 February 3, 1988. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, that Resolution No. 88-315 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a 60-foot-wide road and public-utility easement, a road-slope easement, 96 feet of right-of-way for future Hawley Road, and an 84-foot-wide offer of dedication for future Hawley Road on Assessor's Parcel Nos. 072-230-05, 072-260-05, and 072-260-06 along the future extension of Churn Creek Road, in a "PD" Planned Development District (A-3-88). Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-315 is on file in the office of the City Clerk. 9/6/88 PUBLIC HEARING - re Abandonment Application A-5-88, by Mark Gunlogson (2570 Snow Lane) A-010-040) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re Abandonment Application A-5-88. 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 September 1, 1988 Planning and Community Development Director Perry reported that the Planning Commission recommended approval to abandon a portion of an open-space easement. The Commission recommended modification of the applicant's request to a smaller area and to expand the open-space easement to previously recorded lots that have been merged. It is the recommendation of staff that the Commission's alternative be approved. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Council make the following findings re Abandonment Application A-5-88: 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 June 28, 1988. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 88-316 be adopted, a resolution of the City Council of the City of Redding (1) rescinding Resolution No. 85-235; and (2) ordering the vacation and abandonment of a portion of an open space easement located on property at 2570 Snow Lane (A-5-88). Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-316 is on file in the office of the City Clerk. PUBLIC HEARING - re Abandonment Application A-7-88, by Redding Oil Company (Adjacent to 1200 and 1205 Grand Avenue) (A-010-100) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re Abandonment Application A-7-88. 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 September 1, 1988 9/6/88 Planning and Community Development Director Perry reported that the Planning Commission recommended approval of A-7-88 proposing the abandonment of that portion of Grand Avenue street right-of-way located north of Caterpillar road adjacent to property located at 1200 and 1205 Grand Avenue, subject to two conditions. Condition No. 2 requires dedication of seven feet of right-of-way for the widening of Caterpillar Road and has not yet been accomplished. The request is related to development of a card-lock fuel facility and is a condition of approval for UP-106-88. It is the recommendation of staff that Council approve the abandonment in concept; and upon compliance of the conditions of approval, a resolution of abandonment brought before Council. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, that Council make the following findings re Abandonment Application A-7-88: 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 July 28, 1988. The Vote: Unanimous Ayes MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, approving Abandonment Application A-7-88, by Redding Oil Company, in concept, and upon compliance with the conditions of approval, a resolution of abandonment brought before Council. The Vote: Unanimous Ayes PUBLIC HEARING - re the 1988 Community Development Block Grant Grantee Performance Report (G-100-030-020) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re the 1988 Grantee Performance Report. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Department recommendation dated August 30, 1988 Housing Administrator Maurer stated that the during the past year, $429,000 in Community Development Block Grant Funds were committed. Ms. Maurer reviewed the programs underway during 1987-88 and continuing into 1988-89 and programs completed during 1987-88. Ms. Maurer noted that the purpose of the public hearing is also to allow citizen comment on the program. It is the recommendation of staff that the Performance Report be accepted by Minute Order and transmitted to the Department of Housing and Urban Development. 9/6/88 MOTION: Made by Council Member Buffum, 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 Buffum, approving the 1988 Grantee Performance Report. The Vote: Unanimous Ayes PUBLIC HEARING - re Public Convenience and Necessity to Acquire Property owned by William E. Sandrock, M.D. and Rachel S. Sandrock, M.D. as Trustees of the Sandrock Trust for a Regional Wastewater Treatment Facility (C-070-010 & W-010-560) The hour of 7:00 P.M., having arrived, Mayor Johannessen opened the public hearing re the public convenience and necessity to acquire property owned by William E. Sandrock M.D. and Rachel S. Sandrock, M.D.. The following documents are on file in the office of the City Clerk: Affidavit of Service - Notice of Public Hearing City Attorney recommendation dated August 29, 1988 Request from Leonard Wingate, on behalf of William E. Sandrock and Rachael S. Sandrock, to appear and be heard Assistant City Attorney McNeill noted that the property involved consists of 27.7 acres adjacent to Airport Road and Dersch Road and acquisition of the property is necessary to locate the Stillwater wastewater treatment facilities and create buffer zone protection. Staff has recommended the minimum amount of land necessary for plant facilities, in the most cost effective manner possible, with the least effect on Sandrocks. He conveyed staff has not been able to negotiate an agreement with the Sandrocks. Leonard Wingate, 292 Hemsted Drive, attorney for the Sandrocks, stated that a hearing determining public convenience and necessity is the only time a City can make a decision in an impartial hearing. The determination is for the greatest public good and least private harm. Mr. Wingate objected to Assistant City Attorney McNeill's letter. He asked if the project has actually been defined and if Council, in any public hearing, has described what the nature of this phase is, what kind of treatment facility it will be, and what part will be on or near Sandrock property. Mr. Wingate noted that the public convenience and necessity hearing gives Council the opportunity to look at possibilities. He noted that Council has had the opportunity to discuss the issue, but the Sandrocks have not. Mr. Wingate pointed out that the Environmental Impact Report was done in 1984, and the situation has changed. It appears that the Shasta Dam Area Public Utility District will not be involved in the regional sewer system, the design may be modified, and only one trunk line constructed. He conveyed that his clients are entitled to have Council review the project; and if not, they will go to court. Council Member Buffum asked if Mr. Wingate is asking Council to consider new alternatives not based on the EIR. Mr. Wingate said yes. He noted that Sharrah Dunlap & Associates is trying to put the Clover Creek Assessment District together, and he suggested that Council may find Site 4 preferable. 9/6/88 Mr. McNeill noted that it appears Council is being asked to reconsider Site 4, and that is not the purpose of tonight's hearing. Council Member Carter noted that Council has gone through a lengthy review process, and it is his belief that C-2 is the best site. He indicated that the Airport site has serious problems, and Council made a collective decision to proceed with the plant as considered. Mr. Wingate stated that the outfall line traverses a sensitive area, it will be expensive, and Stillwater wastewater facility has turned into a different project. Council Member Buffum noted that the outfall line and sensitive land issue was discussed when she was on the Planning Commission. Public Works Director Galusha explained that the Department of Fish and Game requested that the outfall line be moved further downstream to protect salmon spawning grounds. The Sandrock property will act as a buffer and for future expansion to the east. City Attorney Hays asked if it would be fair to say that at least three quarters of the Sandrock property will be left in its natural state. Mr. Galusha responded affirmatively. Mr. McNeill noted that approval was given to acquire 40 acres of the Sandrock property. He advised that if the entire plant was located on the Marx property, it would be more obtrusive. However, the present design places the facility against the bluff in a natural draw, and the plant will be screened from the Sandrock's home. Mr. McNeill stated this is a minimum approach using the least amount of land, and the buffer will buy protection from an incompatible use moving in. Mayor Johannessen asked Mr. Wingate if anything during the numerous meetings and public hearings has changed. Mr. Wingate said there is no financing for the facility, and he then asked if the sewer utility bill will be increased to fund Stillwater. He stated that CH2M Hill said costs will exceed original estimates by 50%. Mr. Galusha said that is not true. Mr. McNeill pointed out that the project will save the City money, and locating the plant on the Sandrock property is cost effective. Mr. Wingate asked if Site 4 would save the expense of a pump station and trunk line. Mr. Galusha noted that the airport site would require a long outfall line and a pump station. Mr. Wingate declared that Council is not willing to compare sites and not willing to hold a fair hearing. Council Member Fulton noted that the Marx property was purchased for the plant location, there is enough available land there, and it should be used for that purpose. It is not necessary to acquire the Sandrock property. MOTION: Made by Council Member Fulton, seconded by Council Member Carter, that the public hearing be closed. The Vote: Unanimous Ayes 9/6/88 Mayor Johannessen stated that Council, during many meetings over a two and one-half year period, has considered all the options and thoroughly reviewed the matter. Acquisition of the Sandrock property was recommended because of the potential impact upon the property, as an engineering decision to save money, and a desire to screen the facility and make it less intrusive. Noting that there is some question of the necessity to acquire the property for construction of the plant, Council Member Carter asked if the property must be acquired to build Stillwater to the present configuration. Mr. McNeill stated that it is necessary, the alternatives have been considered, and it is the minimum amount of property necessary to build the plant and create a buffer. He added that if the the entire plant was located on the Marx property, the entire 40 acre Sandrock parcel would have to be acquired. Council Member Carter noted that Council is being asked to make general policy, and Council depends on the recommendations of staff and the consultant's analysis of alternate designs. Council Member Fulton questioned if the Sandrocks are willing to settle. Mr. Wingate stated no, the property is not for sale. Council Member Dahl emphasized that there is no more difficult type of decision for Council to make; however, Council has a resp onsibility to move this project forward. The economic future of Redding is depending on the Stillwater facility. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 88-317 be adopted, a resolution of the City Council of the City of Redding finding that public convenience and necessity require the acquisition of certain real property interests for public improvements, namely for a Regional Wastewater Treatment Facility, the owners of which are William E. Sandrock, M.D., and Rachel S. Sandrock, M.D., as trustees of the Sandrock Trust (created by a declaration of trust dated February 20, 1985). Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, and Johannessen Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 88-317 is on file in the office of the City Clerk. Council Member Buffum noted that an elected official must make decisions based on the least injury and the greatest good. Council Member Carter concurred that this is an agonizing process; however, he noted that if Council does not forward with this plant, the City will experience a building moratorium. He conveyed that he has seen the property, and there does not seem to be another option. Council Member Carter reiterated that Council has to rely on staff and consultants. CLOSED SESSION (C-090-100) Mayor Johannessen declared that closed session is being held pursuant to California Government Code Section 54956.9 (a) and (c) to discuss the status of pending litigation in the cases of Redding v. Anderson (Dersch Road) #87481; 3 Civil C003344; Redding v. Anderson (Churn Creek) #93046; Anderson v. LAFCO; Redding v. LAFCO #88666; 3 Civil C002404; and in a separate matter, to discuss whether existing facts and circumstances justify a decision by the City Council to initiate litigation. 9/6/88 At the hour of 8:40 p.m., Mayor Johannessen adjourned the meeting to closed session. At the hour of 9:30 p.m., Mayor Johannessen reconvened the meeting to regular session. LETTER FROM DEPARTMENT OF FISH AND GAME - re Proposal to Place Gravel in Sacramento River (W-030-550-700) A letter dated August 5, 1988, was received from the Department of Fish and Game requesting permission to access City of Redding property, near the mouth of Salt Creek, for the purpose of stockpiling and placing 16,000 cubic yards of gravel in the Sacramento River. Gary Stacey, Department of Fish and Game (DFG), stated that the United States Bureau of Reclamation (USBR) has offered the DFG $250,000 to improve salmon spawning habitat for winter run salmon by placing gravel in the Sacramento River above the ACID Dam. He added that the DFG has also been working with the USBR on temperature control below Shasta Dam for this same purpose. Mr. Stacey advised that DFG does not want to place the gravel below the ACID dam because the water temperature rises significantly downstream, and salmon eggs will not hatch in high temperatures. He submitted a list of water temperatures taken below Keswick Dam and at the Cypress Street Bridge, and conveyed that there is a temperature difference of two degrees between Keswick Dam and Cypress Street Bridge. Mr. Stacey conveyed that winter run salmon are being considered for endangered species classification, and listing is pending this action. He added that the site above ACID dam is the best site to benefit winter run salmon and to avoid impacting the fall run salmon. Mr. Stacey said DFG has complied with the California Environmental Quality Act and applied for appropriate permits for the sites below Keswick Dam and Salt Creek. He added that they do not believe the city water supply or ACID dam will be adversely impacted, and turbidity will be kept to a minimum. Mr. Stacey explained that the purpose of this project is to bring the fisheries back. He pointed out that if the salmon is listed as an endangered species, the hydropower project is dead. Mr. Stacey noted that the City's base line studies have been done and submitted to FERC. Dave Vogel, project leader of the U.S. Fish and Wildlife Service in Red Bluff, said that he helped prepare the report, Survey of the Chinook Salmon Substrate in the Sacramento River from the Highway 273 Bridge to Keswick Dam. He stated that the area has tremendous restoration potential for salmon and steelhead. The river is dark, deep, cold, and has a good food supply. Mr. Vogel noted that he made the recommendation to USBR to restore spawning habitat. Mayor Johannessen pointed out that placing gravel in the river will probably throw out $375,000 in studies already prepared and will subject the City to further studies for FERC. He questioned how many winter run salmon are present. Mr. Vogel conveyed that there are about 2000 salmon at this time, and in 1960-70, there were 80,000. He explained that inland habitat destruction and drought years are the cause of the decline. Mayor Johannessen asked how the habitat has changed. Mr. Vogel stated that water temperatures are increasing because there is more drawdown on Shasta reservoir. 9/6/88 Noting that there were enough spawning beds in 1969, Mayor Johannessen asked if the spawning beds have diminished that much. Mr. Vogel indicated that there were no gravel mapping studies done 20 years ago. Mayor Johannessen asked how many salmon are expected to come back. Mr. Vogel conveyed that if nothing is done, there will be 2000 or less coming back. Mr. Stacey said there will be less return next year. Gravel is there now, but it is very large, and increasing the quality of the habitat will increase the number of spawning salmon. Council Member Carter concurred that more salmon will return with gravel enhancement over a four year period. He asked if DFG must spend the money by October 1. Mr. Stacey said yes and noted that ACID pulls the ladder on the diversion dam in late October. Council Member Dahl stated that there is no dispute about wanting to enhance the salmon run. Indicating that the City has hopefully spent the last of funds for the hydro project studies, he expressed concern about this project's impact on those studies. Council Member Dahl asked why DFG will not place the gravel below the ACID dam. Mr. Stacey said DFG looked at that area, but the area above the ACID dam is best. He opined that the City's studies are adequate, and FERC will deal with those. Mr. Stacey noted that if gravel enhancement is successful, the impacts over time will be the same whether the Keswick Dam site or the Salt Creek site is used. He advised that some additional habitat mapping may be required. Reiterating that he is concerned about the project's impact on the studies, Council Member Dahl asked if there is any way the project can go ahead without destroying the City's studies. Mr. Stacey said there will be substantial change, and more studies will be required. Electric Director Lindley stated that that is the Electric Department's opinion also; there will be substantial impact. Mr. Stacey advised that any of the three agencies involved could require additional studies, and they are not prepared to deal with the additional studies issue right now. Mr. Lindley noted that there is sufficient gravel for the amount of fish that are already there. The problem is getting the salmon there to spawn. In response to Council Member Carter's inquiry, Mr. Stacey stated that it would take about a year to prepare an EIR for the project. He said it is DFG's opinion that the project is categorically exempt from CEQA. Mr. Stacey opined that the hydro power project cannot be adequately mitigated. Council Member Dahl emphasized that Council wants the fisheries, and Council is aware that the citizens of Redding want inexpensive electricity. Mayor Johannessen questioned the adequacy of the gravel based on the anticipated return of salmon, and asked if the temperature difference above and below the ACID dam was serious. 9/6/88 J. Emil Morhardt, Ph.D., EA Engineering, Science and Technology, Inc. conveyed that water temperature increases steadily downstream; but, the temperature at which salmon eggs are destroyed is under dispute. He relayed that Mr. Vogel's study shows there is more gravel above the ACID dam than can be used, and more information will be gained from the in-flow stream study. Council Member Buffum pointed out that gravel is not the issue, temperature is, and improving water temperature would be more beneficial than gravel enhancement. Council Member Carter pointed out that more gravel would then be necessary because of the increased potential for the winter run. Dr. Morhardt agreed that spawning is not limited by gravel, but it could be if spawning is enhanced. Council Member Dahl noted that if the gravel were placed below the ACID dam, the fisheries would also be enhanced. Dr. Morhardt stated that is possible, but speculative, because no river studies below the ACID dam have been done. He noted that the temperature curtain will be installed behind Shasta Dam by July 1989, and there will be cooler water downstream. Dr. Morhardt stated that ten percent of the salmon are spawning above ACID, and because of the size of the run now, there is no reason to anticipate a large run within three years. However, he added that it is possible to see large increases overnight. City Manager Christofferson asked Mr. Stacey if the Director of the DFG would make a commitment to not require the City to do any more additional studies. Mr. Stacey conveyed that he would try to get an answer by Friday, September 9. Council Member Carter conveyed concern for protecting the studies, but pointed out that there is a winter run problem now. Gravel is present, but it is not quality gravel, and it should be enhanced. Council Member Dahl stated that he is not opposed to allowing the DFG access with the condition that the Director not require any further studies. Mr. Stacey pointed out that DFG is one of three agencies that deals with FERC, and one of the other agencies could require additional studies. MOTION: Made by Council Member Carter, seconded by Council Member Fulton, granting the Department of Fish and Game access to the Sacramento River at Salt Creek for the purpose of placing gravel into the Sacramento River. Voting was as follows: Ayes: Council Members - Carter and Fulton Noes: Council Members - Buffum, Dahl, and Johannessen Absent: Council Members - None City Attorney Hays stated that Council should take some credit for the decision to place the temperature curtain behind Shasta Dam. He noted that WAPA makes up for any loss of revenue by raising rates; thus, this community is supporting enhancement. Council Member Dahl pointed out that there is no special interest group protecting the rate payer. He suggested that Council adjourn tonight's meeting to 5:15 p.m. Friday, September 9, 1988 in the Conference Room at City Hall for the purpose of meeting with Mr. Stacey to see if the Director of Fish and Game can make a commitment to require no further studies. Council concurred with this suggestion. 9/6/88 SERVICES OUTSIDE THE CITY (A-050-060-555) Mayor Johannessen suggested that Council establish an overall policy with respect to providing services outside the City. Planning and Community Development Director Perry submitted the Report to City Council dated September 5, 1988, and recommended that Council adopt an interim policy for the provision of services. MOTION: Made by Council Member Fulton, seconded by Council Member Dahl, authorizing the City Manager to assemble a team and report back to Council with draft proposals within 90 days, and direct the City Attorney to prepare a resolution regarding the provision of services for adoption in the interim. The Vote: Unanimous Ayes UTILITY USER TAX ORDINANCE (L-050) City Manager Christofferson conveyed that staff has met with representatives from various utility companies to lay the initial foundation and framework for implementation of the utility user tax ordinance, pending passage of Measure L. Mr. Christofferson stated that several issues of concern have been identified. He indicated that the minor changes involve adding a word or phrase to clarify the meaning of a section, and the substantive changes involve the rate to be charged for electricity and gas service, the senior citizen discount, the low income household discount, and the discount refund process for PG&E customers. Mr. Christofferson recommended that the proposed ordinance be revised as submitted in the City Manager's Report to City Council dated August 22, 1988. Council concurred with the City Manager's recommendation. PROPOSAL FOR ESTABLISHMENT OF LIBRARY COMMISSION (L-050) City Manager Christofferson noted that Council has established commissions to advise on the operations of a number of important City functions. Mr. Christofferson noted that staff is preparing a number of operational arrangements that will be necessary to the establishment of a library if Measure L passes, and it is recommended that Council direct staff to prepare the necessary ordinance changes and procedural modifications to establish a Library Commission. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, directing staff to prepare the necessary ordinance changes and procedural modifications to establish a Library Commission pending the approval of Measure L. The Vote: Unanimous Ayes PLAN FOR REOPENING OF LIBRARY (L-050) City Manager Christofferson submitted a specific plan for reopening the library, including the Enterprise branch, pending the successful outcome of Measure L. Mr. Christofferson noted that the main library could be opened by October 15, 1988, as a reading room and expand to full library services on November 1, 1988. 9/6/88 MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, to adopt the program for reopening the library pending the approval of Measure L. The Vote: Unanimous Ayes ORGANIZATION OF THE TOURISM AND CONVENTION FUNCTIONS * (A-050-040 & A-050-500) Assistant City Manager McMurry recalled that Council has been focusing on the need for a regional tourism promotion program and the organizational arrangement and service delivery model for the Convention and Visitors Bureau and Convention Center Departments. Mr. McMurry reviewed alternatives for dealing with the issues and recommended to proceed with the consolidation of staffing in the Convention Center with the primary focus being the recruiting, booking, and servicing of conventions. Remaining staff at the Convention and Visitors Bureau would serve on an interim basis as the primary tourism promotion focus. The recommendation includes reorganizing the existing Tourism and Convention Commission into a regional tourism promotion board, with appointments of new members to the reconstituted board coming from other jurisdictions and tourism promotion agencies. Council concurred with the recommendation of staff. MOTION: Made by Council Member Buffum, seconded by Council Member Carter, directing staff to implement staff's recommendation as outlined above, known as Alternative 4 and outlined in Report to City Council dated September 1, 1988. The Vote: Unanimous Ayes REQUEST FOR DECLARATION OF SURPLUS PROPERTY - by Buckeye School District (3753 Tamarack Drive) (C-070-200) Planning and Community Development Director Perry stated that a request was received from the Buckeye School District to declare City-owned property located at 3753 Tamarack Drive surplus so the district can purchase the property for use as administrative offices for the school district. Mr. Perry reported that the Planning Commission recommended the property be declared surplus and found that the possible sale of the property was consistent with the General Plan. The appraised value of the property is $47,000. It is the recommendation of staff that the property be declared surplus and the City Attorney authorized to sell the property to the Buckeye School District. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, declaring property located at 3753 Tamarack Drive surplus and authorizing the City Attorney to sell the property to the Buckeye School District. The Vote: Unanimous Ayes PROPERTY ACQUISITION - 2595 Lake Redding Drive (C-070-010) Planning and Community Development Director Perry recalled that Council directed staff to seek easements or property acquisition to facilitate extension of the Sacramento River Trail from Lake Redding Drive to Benton Drive. Mr. Perry said that staff contacted George Dymesich, the owner of 2.85 acres of property along the River west of the Elks Lodge, and Mr. Dymesich has expressed a willingness to sell the property. Mr. Perry conveyed that the Planning Commission has found that acquisition of the property by the City would be consistent with the General Plan. The funding source for the acquisition would be park development funds. It is the recommendation of staff that the City Attorney be directed to make an offer and a budget-amendment be submitted to create the fund account. 9/6/88 MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, directing the City Attorney to make Mr. Dymesich an offer to purchase 2.85 acres at 2595 Lake Redding Drive. The Vote: Unanimous Ayes SPHERE OF INFLUENCE - Segment B, Churn Creek Bottom (G-030-150) Planning and Community Development Director Perry stated that the Local Agency Formation Commission (LAFCO) is scheduled to hear whether or not Segment B, Churn Creek Bottom, should be in the City's sphere of influence. Mr. Perry reviewed the topography of the area and current land uses. It is the opinion of staff that the area should be placed in the City's sphere of influence with the following policies to deal with the transition: the City should not annex areas that are classified by the County as "Residential, 1.0 unit per 5 acres" unless it creates a problem for delivery of services or LAFCO feels the area should be annexed; the City should appoint a citizen's committee to recommend an area plan, and the City would not provide services other than fire support to areas outside the City limits. Council Member Dahl noted that these policies should mitigate some of the area resident's concerns. Mr. Perry indicated that this is an effort to create a partnership with the County. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, authorizing staff to request that LAFCO include Segment B, Churn Creek Bottom, in the City of Redding sphere of influence. The Vote: Unanimous Ayes REDDING SPORTS COMPLEX UPDATE (P-050-600-200) Planning and Community Development Director Perry reported that the Environmental Impact Report for the Sports Complex was completed July 1, 1988. A copy of the EIR was submitted to Council, and Mr. Perry noted that staff has asked Shasta County to schedule a General Plan conformance review on September 22, 1988. The Redding Planning Commission would then hold a public hearing on the draft EIR sometime in October after responses to comments have been prepared by the consultant and the County has concluded their General Plan consistency determination. This was an information item and no action was taken. TENTATIVE SUBDIVISION MAP S-12-88 - Indian Hills Subdivision, by Konocti Development, Inc. (East of Starlight Boulevard) (S-l00-310) Council was advised that the Planning Commission has granted permission to subdivide 55 acres, located east of Starlight Boulevard and south of the City's landfill, into 98 lots, described as Tentative Subdivision Map S-12-88, Indian Hills Subdivision. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. RESOLUTION - re Amendment No. 1 to TANC Project Agreement No. 2 and ORDINANCE - Authorizing TANC to Issue Revenue Bond, Notes and Other Evidences of Indebtedness (E-120-050) Electric Utility Director Lindley reported that the Transmission Agency of Northern California (TANC) commission adopted Amendment 9/6/88 No. 1 to TANC Project Agreement No. 2 (PA-2), which provided for funding the Phase I or development phase of the California-Oregon Transmission Project (COTP). Amendment No. 1 provides for the next phase of project activity which is related to land and land rights acquisition. Each member of TANC must now amend their existing authorizations or financing ordinances in order to permit the use of Phase I indebtedness for acquisition and construction work. It is the recommendation of the Electric Utility Commission and Electric Director that Council adopt the resolution approving the Environmental Impact Report for the COTP, approve the amendment request for the COTP, and authorize the expenditure of PA-2 funds for construction activity. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 88-318 be adopted, a resolution of the City Council of the City of Redding approving and authorizing execution of Amendment No. 1 to Project Agreement No. 2 for the California-Oregon Transmission Project. Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-318 is on file in the office of the City Clerk. Council Member Dahl offered Ordinance No. 1862 for first reading, an ordinance of the City Council of the City of Redding amending Ordinance No. 1742 authorizing the Transmission Agency of Northern California to issue revenue bonds, notes and other evidences of indebtedness. SEWER SERVICE - North of Keswick Dam Road and West of Quartz Hill Road (W-020-500) Public Works Director Galusha recalled that Robert Rehberg, attorney for Tony LaBella, asked Council to reconsider Mr. LaBella's request for sewer service in the area west of Quartz Hill Road and north of Keswick Dam Road. Mr. Galusha noted that the area is outside of the City limits and was not considered in the 1987 Sewer Master Plan. He reviewed several alternatives and recommended that sewer service to the area be contingent upon annexation to the City. Mr. Galusha conveyed that the Buckeye School District has also requested sewer service to a proposed school site located off Quartz Hill Road; and further, they are pursuing State bond money to extend the Sulphur Creek sewer line. He indicated that Buckeye School District can annex to the City through Bureau of Land Management property. Robert Rehberg, attorney for Tony LaBella, stated that the area should be utilized for residential uses. He stated that the area can only be sewered by lift stations, not by gravity. The area is in the City's sphere of influence, and annexation would be agreeable with the developer. Mr. Rehberg stated that Alternative 2, allowing lift stations in the Lake Keswick shed and paralleling the Sulphur Creek trunk line, is favorable to the developer. Planning Director Perry stated that a General Plan Amendment application and prezoning will be required. Council Member Dahl stated that providing service to the area, contingent upon annexation, would be consistent with Council's policy. He noted that the developer should pay the additional costs associated with the improvements. 9/6/88 MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, directing staff to meet with Mr. LaBella and work out a service provision with a prerequisite that the area be annexed. The Vote: Unanimous Ayes Charlie Menoher, Superintendent of the Buckeye Elementary School District, stated that the District is heading toward phase two of a three phase project. He reiterated that the school district is pursuing State bond money for the extension of the sewer line. RESOLUTION ORDERING ABATEMENT - 2219 Garden Avenue (Garden Market), owned by Patricia Ann Player (A-030-070) City Attorney Hays recalled that abatement proceedings at 2219 Garden Avenue were commenced on April 5, 1988. Mr. Hays reported that the building is in a deteriorated condition and continues to be a health and safety hazard. It is the recommendation of the Board of Appeals and the City Attorney that abatement of the building and debris be ordered. Robert Rehberg, attorney for Patricia Player, stated that the owner has complied with City requests to clean the area. Mr. Rehberg noted that a number of proposals have been made for the property, and there has been enough activity to warrant extending the abatement for at least 30 days. Roy Bates, Red Carpet Realty, stated that they have not been able to sell the property as a market, and nobody is going to purchase the property for a house. Mr. Bates indicated that offers were received for an office and a forensic lab. Mr. Bates also requested a 90 day extension. Mr. Perry stated that the property is zoned "R-1 Residential" and does not allow commercial uses. A church would be allowed, subject to obtaining a use permit. Mr. Perry conveyed that staff recommended improving the property with two-single family homes. Leighton Edelman, 850 Gold Street, stated that he is representing the neighbors in the area. He stressed that this matter has continued for a long time. The neighbors have a detrimental situation because the old market is used by transients. Mr. Edelman asked that the abatement be enforced. He stated that the neighbors would object to any commercial encroachment into the residential area. MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Resolution No. 88-319 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 building(s) and debris on the property located at 2219 Garden Avenue (know as the Garden Market), owned by Patricia Ann Player. Voting was as follows: Ayes: Council Members - Buffum, Carter, Dahl, Fulton, and Johannessen Noes: Council Members - None Absent: Council Members - None Resolution No. 88-319 is on file in the office of the City Clerk. 9/6/88 CLOSED SESSION (C-090-100) Mayor Johannessen declared that closed session is being held pursuant to California Government Code Section 54956.9 (a) and (c) to discuss the status of pending litigation in the cases of Redding v. Anderson (Dersch Road) #87481; 3 Civil C003344; Redding v. Anderson (Churn Creek) #93046; Anderson v. LAFCO; Redding v. LAFCO #88666; 3 Civil C002404; and in a separate matter, to discuss whether existing facts and circumstances justify a decision by the City Council to initiate litigation. At the hour of 12:15 a.m., Mayor Johannessen adjourned the meeting to closed session. At the hour of 12:42 a.m., Mayor Johannessen reconvened the meeting to regular session. ROUTINE REPORTS AND COMMUNICATIONS Shasta-Cascade Wonderland Association - Publicity (B-130-030-700) Alcoholic Beverage Licenses (A-110-140) The Shasta Inn (Inn Days, Inc.) 2180 Hilltop Drive Food Connection (U.G. Resources, Inc.) 20 Lake Boulevard Appletree Market (Diana L. & Ted L. Garside and Allen L. & Cherly L. Walden) 5200 Churn Creek Road, Ste. A Allstars Sports Bar (Marcella A. & Michael W. Minkoff) 1380 Hartnell Avenue ADJOURNMENT There being no further business, at the hour of 12:42 a.m., Mayor Johannessen declared the meeting adjourned to 5:15 p.m., Friday, September 9, 1988, at the City of Redding Conference Room, 760 Parkview Avenue. APPROVED: _________________________ Mayor ATTEST: ___________________________________ City Clerk 9/6/88