HomeMy WebLinkAboutMinutes - City Council - unsigned - 1988-10-18 City Council, Regular Meeting Council Chambers Redding, California October 18, 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 Mayor Johannessen with the
following Council Members present: Carter and Fulton. Council
Members Buffum and Dahl were absent.
Also present were Assistant City Manager McMurry, City Attorney
Hays, Chief of Police Blankenship, Auditorium Director
Montgomery, Associate Civil Engineer Aasen, Senior Planner
Keaney, Communications Specialist Teach, Accountant Pennington,
Assistant City Clerk Strohmayer, Crime Prevention Officer Reed,
and Secretary to the City Council Moscatello.
CONSENT CALENDAR
The following matters were considered inclusively under the
Consent Calendar:
Approval of Minutes - Adjourned Regular Meeting of Sept. 9, 1988
Regular Meeting of September 20, 1988
Regular Meeting of October 4, 1988
Approval of Payroll and Accounts Payable Register
(B-130-110)
Recommend that Accounts Payable Register No. 07, check numbers
138679 through 139005 inclusive, in the amount of $1,315,885.16,
be approved and paid, and Payroll Register No. 07, check numbers
267184 through 267853 inclusive, in the amount of $648,167.54,
and Automatic Payroll Deposits in the amount of $109,223.03, for
the period September 18, 1988, through October 01, 1988, be
approved.
TOTAL: $2,073,275.73
Treasurer's Report - September 1988
(B-l30-l50)
Total Treasurer's Accountability - $19,813,008.78
Total City of Redding Funds, Funds Held in
Trust and Funds of Related Entities - $69,449,635.75
Purchase of Open Office System Furniture
(B-050-100)
It is the recommendation of the Director of Finance that open
office system furniture be purchased from Tab Products Company
for the Finance and Purchasing Department in an amount not to
exceed $20,500. This request is pursuant to Section 4.20.080 of
the Redding Municipal Code which provides for purchases not using
the formal bidding procedure. Funds are available in the 1988/89
budget for this purchase.
Set Public Hearing - General Plan Amendment Application
GPA-10-88, by Don Lynn (south of Marlene Avenue and north of
Starview Estates Subdivision)
(G-030-010)
It is the recommendation of the Planning Director that a public
hearing be set for 7:00 p.m., November 1, 1988, to consider
GPA-10-88, by Don Lynn.
Set Public Hearing - General Plan Amendment GPA-12-88, by
Terrance Miller (1436, 1440, 1448, 1536, and 1548 Trinity Street
and 1095 Center Street)
(G-030-010)
It is the recommendation of the Planning Director that a public
hearing be set for 7:00 p.m., November 1, 1988, to consider
GPA-12-88, by Terrance Miller.
Set Public Hearing - Tentative Subdivision Map S-11-88, Use
Permit UP-116-88, and Variance V-25-88, by D.B.L., Inc. (North
side of South Bonnyview Road and west bank of Sacramento River)
* (S-100-647 & L-010-390 & L-010-410)
It is the recommendation of the Planning Director that a public
hearing be set for 7:00 p.m., November 1, 1988, to consider
Tentative Subdivision Map S-11-88, Use Permit UP-116-88, and
Variance V-25-88, by D.B.L., Inc.
Award of Bid - Bid Schedule No. 2106, Trailer-Mounted Reel
Carrier with Tensioner - Electric Dept.
(B-050-100)
It is the recommendation of the Electric Utility Director that
Bid Schedule No. 2106, trailer-mounted reel carrier with
tensioner, be awarded to the sole bidder, TSE International, Inc. in the amount of $15,715. Funds for this purchase are included in
the 1988/89 budget. Award of Bid - Bid Schedule No. 2105, Trailer-Mounted Drum
Puller/Tensioner - Electric Dept.
(B-050-100)
It is the recommendation of the Electric Utility Director that
Bid Schedule No. 2105, trailer-mounted drum puller/tensioner, be
awarded to the sole bidder, TSE International, Inc., in the
amount of $30,927. Funds for this purchase are included in the
1988/89 budget.
Award of Bid - Bid Schedule No. 2108, Two One-Ton Trucks with
Utility Bodies - Electric Dept.
(B-050-100)
It is the recommendation of the Electric Utility Director that
Bid Schedule No. 2108, two one-ton trucks with utility bodies, be
awarded to the low evaluated bidder, Crown Motors, in the amount
of $37,579.50. Funds for this purchase are included in the
1988/89 budget.
Resolution - ICMA Deferred Compensation Trust Agreement
(P-100-030)
It is the recommendation of the Personnel Services Director that
Resolution No. 88-370 be adopted, a resolution of the City
Council of the City of Redding adopting the declaration of trust
of the International City Management Association Retirement
Corporation Retirement Trust, relating to the City's Deferred
Compensation Plan.
Award of Bid - Bid Schedule No. 2063, Detacher/Imprinter
(B-050-100)
It is the recommendation of the Director of Customer Services
that Bid Schedule No. 2063, detacher/imprinter, be awarded to the
low bidder, Tab Products, in an amount not to exceed $6400.
Funds for this purchase are included in the 1988/89 budget.
Resolution - Lease Purchase of Public Safety Logging Recorder -
Police Dept.
(B-050-100 & P-150-150)
It is the recommendation of the Chief of Police that a public
safety logging recorder be leased/purchased from the sole source,
Dictaphone Corporation, in the total amount of $36,767.80 payable
over a 5-year period at $9,831.71 per year. It is also
recommended that Resolution No. 88-371 be adopted, a resolution
of the City Council of the City of Redding approving the Lease
Agreement between the City of Redding and Dictaphone Corporation,
and authorizing the City Manager to sign same.
Resolution - Calderon Act Air Monitoring Study
(S-020-300-900)
It is the recommendation of the General Services Director that
Resolution No. 88-379 be adopted, a resolution of the City
Council of the City of Redding approving the authorization and
contract for professional services between the City of Redding
and Lawrence & Associates to perform Calderon Air Monitoring at
the City of Redding Benton landfill in the amount of $23,800, and
authorizing the City Manager to sign same.
This proposal is the last phase in complying with the State
Mandated Calderon Act for air quality testing, and Lawrence &
Associates were awarded the original contract to prepare the
Calderon Act Solid Waste Assessment Test Report.
Resolution - Budget Amendment re Addition Special Election
Expenses
* (B-130-070 & E-070-100)
It is the recommendation of the City Clerk that Resolution No.
88-372 be adopted, a resolution of the City Council of the City
of Redding approving and adopting the 21st Amendment to the City
Budget Resolution No. 88-235 transferring $2,050 from the Library
Account to the Elections Account for additional expenses
associated with the Special Election for Measure L.
Award of Bid - Bid Schedule No. 2107, June Street Extension
(B-050-020 & S-070-100)
It is the recommendation of the Public Works Director that Bid
Schedule No. 2107 (Job No. 9533), June Street extension, be
awarded to the low bidder, Olsen Construction, in the amount of
$59,933; and an additional $7,567 be approved to cover the cost
of field engineering and inspection, Electric Department costs to
relocate an existing power pole and install two street lights,
and for contract change orders for a total of $67,500. The
Redding Redevelopment Agency has allocated $52,000, the Public
Works Department $10,000, the Recreation and Parks Department
$2,500, and the Enterprise Elementary School District $2,500, for
a total amount of $67,500.
It is also recommended that Council make the following findings regarding Environmental Determination ED-13-88, the extension of
June Street: 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 September 21, 1988. The Vote:
Unanimous Ayes
Award of Bid - Bid Schedule No. 2113, Diestelhorst Landing
(B-050-020 & C-070-100))
It is the recommendation of the Public Works Director that Bid
Schedule No. 2113 (Job No. 9881), Diestelhorst Landing, be
awarded to the low bidder, North Valley Construction, in the
amount of $214,490. It is recommended that an additional $10,510
be allocated to cover contract change orders, for a total of
$225,000. Funding is provided through a gift to the City of
Redding from Mrs. Leah McConnell which was specifically
designated for development of a non-profit office park and
construction of a building for the United Way.
Award of Bid - Bid Schedule No. 2115, Soccer Field Lighting at
Shasta High School, Parsons Junior High School, and Nova High
School
(B-050-020 & P-050-690)
It is the recommendation of the Public Works Director that Bid
Schedule No. 2115 (Job No. 9832), soccer field lighting at Shasta
High School, Parsons Junior High School, and Nova High School, be
awarded to the low bidder, Cal Electro, Inc., in the amount of
$114,942. It is also recommended that an additional $5,058 be
allocated for contract change orders for a total of $120,000.
Funding for this purchase is provided through a gift to the City
of Redding from Mrs. Leah McConnell specifically designated for
this project.
It is also recommended that Council make the following findings
regarding Environmental Determination ED-14-88, soccer field
lighting at Shasta High School:
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 September 28, 1988. The Vote:
Unanimous Ayes
It is further recommended that Council make the following
findings regarding Environmental Determination ED-15-88, soccer
field lighting at Parsons Junior High School:
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 September 28, 1988. The Vote:
Unanimous Ayes
Notice of Completion - Bid Schedule No. 2027, Landscaping at
Various Locations within the City of Redding
(B-050-020 & S-070-200-400)
It is the recommendation of the Public Works Director that Bid
Schedule No. 2027 (Job No. 9692, 9776, and 9783), landscaping at
various locations within the City of Redding, awarded to McEntire
Landscaping, be accepted as satisfactorily completed, and the
City Clerk be authorized to file a Notice of Completion. The
final contract price is $107,639.
Notice of Completion - Bid Schedule No. 1994, Museum and Arts
Center Annex
(B-050-020 & C-050-450)
It is the recommendation of the Public Works Director that Bid
Schedule No. 1994 (Job No. 9866) Museum and Art Center Annex,
awarded to Spacemaster, be accepted as satisfactorily completed,
and the City Clerk be authorized to file a Notice of Completion.
The final contract price is $53,677.
Resolution - Summarily Vacating Two Waterline Easements on Eureka
Way
(A-010-040)
It is the recommendation of the Public Works Director that
Resolution No. 88-373 be adopted, a resolution of the City Council of the City of Redding summarily vacating two waterline
easements: one recorded in 1938 (132 O.R. 482), and one recorded in 1950 (318 O.R. 67). It was determined that the existing waterlines and the recorded waterline easements did not coincide. A new 20 foot easement was recorded to cover the actual location. Resolution - Summarily Vacating a PG&E Easement
(A-010-040)
It is the recommendation of Public Works Director that Resolution
No. 88-374 be adopted, a resolution of the City Council of the
City of Redding summarily vacating a PG&E Easement (now owned by
the City) across the southwest corner of Cypress Avenue and
Bechelli Lane, recorded in Book 3 of rights-of-way at Page 1,
Shasta County Records.
Resolution Accepting Streets and Acceptance of Final Map and
Improvements, Parkside Manor, Unit 3, Phase 4 (Capricorn and
Galaxy, east of Alta Mesa)
* (S-070-230 & S-100-580)
It is the recommendation of the Public Works Director that
Resolution No. 88-375 be adopted, a resolution of the City
Council of the City of Redding accepting for maintenance and
operation Galaxy Way and Capricorn Way in the Parkside Manor
Subdivision, Unit 3, Phase IV.
It is also recommended that the improvements in Parkside Manor
Subdivision, Unit 3, Phase 4, developed by Lynaco Development, be
accepted as satisfactorily completed, and the City Clerk be
instructed to file the map with the Shasta County Recorder.
Resolution - Prohibition of Parking on Churn Creek Road
(P-030-250)
It is the recommendation of the Traffic and Parking Commission
that Resolution No. 88-376 be adopted, a resolution of the City
Council of the City of Redding prohibiting parking at all times
on Churn Creek Road from Hartnell Avenue to Enterprise High
School.
MOTION: Made by Council Member Carter, 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 - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Resolution Numbers 88-370, 88-371, 88-372, 88-373, 88-374,
88-375, and 88-376, and 88-379 are on file in the office of the
City Clerk.
- - - - -
WRITTEN COMMUNICATIONS
Literary Festival - Letters from the American Association of
University Women, Shasta County Office of Education, Shasta
County Student Benefit Foundation, California Retired Teacher's
Association, Shasta High School Parent Teacher Student
Association, and Delta Kappa Gamma Society
(C-050-050)
Letters were received requesting permission to waive catering
service fees for students participating in the 1989 Shasta County
Literary Festival at the Redding Convention Center.
Mayor Johannessen explained that Council has no authority to
waive the catering fees at the Convention Center. City Attorney
Hays stated that Council has done what other jurisdictions have
done with regard to providing food services at a Convention
Center. Council has provided an exclusive contract to provide
food at the facility and contracted away the right to waive that
provision.
Mayor Johannessen noted that this question was brought before
Council earlier this year. He stated that the grounds outside
the Convention Center are excluded from the catering contract,
and it is permissible for the schools to provide lunches and have
the children eat outside.
Midge Gates, Superintendent of Shasta County Schools, conveyed
that she appeared on behalf of the American Association of
University Women (AAUW) and the Shasta County Office of Education
(SCOE) to waive catering fees during last year's Literary
Festival, and she is once again back to appeal the catering
requirement. Ms. Gates explained that costs for the 1988
Festival amounted to $10,000 for 3000 students. This year the
Festival will be held for four days, not three; and although it
is understood that the children may eat outside, the possibility
of feeding the children as many as 1400 box lunches in the rain must be considered. Ms. Gates stated that the Literary Festival has become even more important in light of the closure of the
library. She asked Council to co-sponsor the event so the
catering requirement may be waived. Mayor Johannessen reiterated that Council does not have the authority to waive the requirement. He conveyed that Council
discussed the option to reserve some dates for co-sponsored
events at the time the contract was renewed.
City Attorney Hays stated that problems arose determining the
criteria for co-sponsorship and assigning the number of events.
He noted that Council could be approached by others who would
champion their cause.
Council Member Carter stated that it was his belief that Council
made the decision to develop a procedure to reserve some time for
City sponsored public events. He asked why the contract cannot
be written to allow City sponsorship.
Mr. Hays stated that the current arrangement does not provide for
any such procedure. He reiterated that no one has been able to
determine the criteria; and if Council chose this option, Council
would have a significant number of people requesting City
sponsorship.
Sheila Hurst, American Association of University Women, stated
that the decision to ask for a waiver of the catering fee was
predicated on the Council Minutes of November 3, 1987, which
indicated that the contract was awarded to Pat Paulson and
directed the City Attorney to prepare a contract and develop a
procedure whereby catering service could be waived for City
sponsored events.
Ms. Hurst stated that the Literary Festival is unique and has
been awarded commendations nationally and internationally. She
conveyed that Senator Nielsen received approval from a Senate
subcommittee to appropriate funds for this project, and it is
difficult to justify the the cost.
Mayor Johannessen conveyed that Council is sympathetic. He
explained that Council's original instructions were to develop a
procedure, but it was found that it could not be done.
Ms. Hurst stated that AAUW has been monitoring this situation
since 1984, AAUW has appeared before the Tourism and Convention
Commission as well as Council, and when the contract is up for
renewal, they will ask again. Ms. Hurst emphasized that the
purpose is to benefit the students.
Ember DeCamp submitted a letter from the Shasta Council
California Reading Association-International Reading Association,
in support of AAUW and Shasta County School's request to waive
the catering fee for the Literary Festival held at the Convention
Center. It was noted that the Literary Festival benefits
students from all over Shasta County and from all socio-economic
backgrounds.
Sharon Rehn, 4055 Alta Mesa Drive, submitted a letter from the
General Education Committee of the Greater Redding Chamber of
Commerce adding its support to the request to waive the catering
fee for student lunches during the Literary Festival. It was
noted that the Literary Festival has received national and state
awards and recognition.
Ms. Rehn also submitted a personal letter expressing concern
about the quality of education received in this community and in
the nation. She stated that the school system is producing less
than adequate results, and the impact on society will be
devastating. Ms. Rehn emphasized that in order to correct this
course, all segments of society must address this task. She
stated that an aggressive step forward for academic excellence
has been taken by the producers of the Literary Festival.
Participation in the program has reached over 5500 student
entries, the financial resources of the program are overburdened,
and the Festival needs help. Ms. Rehn urged Council to show
sensitivity and waive the catering fee to show local government
support for the Literary Festival and academic reform.
Kathy Roche, representing the Redding School District Board of
Directors, submitted a letter from Superintendent William P.
Kipp, urging Council to grant a waiver of the catering
requirement at the Convention Center for the annual Literary
Festival. She noted that some schools have already had to reduce
their student participation because of increased costs, it is not
legally permissible to charge families for any part of the
registration fee other than the amount of money paid for the
lunch, and to do so, would be highly discriminatory and forbid participation by the poor. Mayor Johannessen reiterated that Council does not have the right to waive the catering fee. Mr. Hays stated that he will not advise Council to breach any contract that Council has entered into, and he does not advise Council to breach that contract. In response to Council's suggestion that AAUW and SCOE contact
the caterer directly, Ms. Gates stated that the caterer did
reduce the price of the lunch to $3.25 during the last Literary
Festival.
Council Member Carter reiterated that Council directed that a
contract be prepared with exclusions for City-sponsored events.
He stated that a way must be found to accommodate the Literary
Festival.
Mayor Johannessen asked Auditorium Director Montgomery if he had
any suggestions. Mr. Montgomery said it was his belief that a
compromise solution had been reached during the last Festival.
Mr. Montgomery stated that the only solution is for the schools
to provide lunches for the children and eat outside. Staff does
not want to break the contract. While he empathized with the
committee, he explained that a contract is necessary to make
certain a caterer is available to serve large conventions or
sit-down dinners. Mr. Montgomery relayed that if the Convention
Center does not have a contracted caterer, staff will not be able
to bring conventions to the Center.
Council Member Carter asked if the caterer could waive the
catering requirement. Mr. Hays stated that the caterer has that
right.
Ms. Hurst asked when the current contract is up for renewal.
Mayor Johannessen stated that he believed it was a two or three
year contract.
Ms. Hurst asked if there is any course AAUW can pursue.
Council Member Carter stated that an exclusion whereby the City
can co-sponsor an event and drop the catering requirement should
be included the next time the contract is renewed.
Letter from Trygve Sletteland
(E-120-070-425)
A letter was received from Mr. Trygve Sletteland requesting
permission to address the Council concerning the proposed Lake
Redding Hydro Project.
Trygve Sletteland, 1666 Ridge Drive, stated that members of the
Sacramento River Preservation Trust and other citizens have
circulated a petition asking Council to abandon the Lake Redding
Hydro Project. Mr. Sletteland stated that he is representing his
family, the Sacramento River Preservation Trust and what he
believes are the majority of North State citizens. Mr.
Sletteland submitted a petition with over 1000 names of people
opposed to the hydro project. He stated that 60% of those who
signed reside in Shasta County, and the remainder are spread
throughout the north state. Mr. Sletteland indicated that many
groups such as the Audubon Society, Sierra Club, Friends of the
River, United Anglers, and many more, have stated opposition to
the project.
Mr. Sletteland stated that the licensing and construction of this
project is a resource issue of tremendous regional importance.
He stated that the Pacific Fishery Management Council valued
California's 1987 commercial chinook salmon catch at fifty
million dollars.
Mr. Sletteland indicated that Congressman Bosco and 22 other
California congressman transmitted a letter to the Federal Energy
Regulatory Commission (FERC) asking FERC to delay the decision to
license the project and allow Congress the opportunity to examine
the extent of the project's impacts. He relayed that these
congressman are not only concerned about the extinction of the
winter run salmon, but also about the moratorium that would be
placed on all ocean salmon fishing if the winter run is declared
an endangered species. Mr. Sletteland noted that the
sportfishing chinook salmon catch was valued at seventeen million
dollars in 1987. Mr. Sletteland expressed hope that Council was
aware of the enormity of the opposition.
Noting that over half the California delegation, three
governmental agencies, and environmental groups oppose the
project, Council Member Carter said a scaled down project will be
necessary. He stated that this is a perception issue, and the
perception is that the hydro project is going to harm the environment. Mayor Johannessen stated that Council Member Carter is making an assumption that the people who signed the petition knew what the project was all about. Mayor Johannessen asked Council Member Carter if he is convinced that the project is not feasible. Council Member Carter stated that, based on what is happening
with the salmon fisheries, it is his belief that the hydro
project will never be built. He stated that when these groups
start moving against the project, it will be time to look for an
alternative they can support.
PUBLIC HEARING - re Abandonment Application A-10-88, by Wayne
Baker (1725 Ridge)
(A-010-100)
The hour of 7:00 P.M., having arrived, Mayor Johannessen opened
the public hearing re Abandonment Application A-10-88.
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 14, 1988
Senior Planner Keaney reported that the Planning Commission
recommended approval of Abandonment Application A-10-88 to
abandon surplus right-of-way adjacent to the Lakeside Drive
rear-yard frontage. The Planning Commission also recommended
that a public service easement be retained for the entire area
and that, in exchange for the abandonment, the adjoining property
owner construct curb, gutter, and sidewalk along the frontage of
Lakeside Drive. It is also the opinion of staff that the subject
right-of-way is not needed and should be abandoned, and staff
recommends that a resolution of abandonment be brought before
Council upon Mr. Baker's compliance with the conditions of
approval.
MOTION: Made by Council Member Carter, 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 Carter, that Council make the following findings re
Abandonment Application A-10-88:
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 August 17, 1988. The Vote: Unanimous
Ayes
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that Abandonment Application A-10-88 be approved
in concept, and a resolution be brought before Council upon
compliance with the conditions of approval. The Vote: Unanimous
Ayes
PUBLIC HEARING - re Abandonment Application A-11-88, by City of
Redding (southwest corner of East Cypress Avenue and Churn Creek
Road)
(A-010-100)
The hour of 7:00 P.M., having arrived, Mayor Johannessen opened
the public hearing re Abandonment Application A-11-88.
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 October 11, 1988
Senior Planner Keaney reported that the Planning Commission
recommended approval of Abandonment Application A-11-88 to
abandon surplus right-of-way located at the southwest corner of
East Cypress Avenue and Churn Creek Road. The Planning
Commission also recommended that a public service easement be
retained for the entire area. It is the recommendation of staff
that the right-of-way be declared surplus, subject to the
retention of the public service agreement, and the transfer of property to the adjoining property owner be authorized. 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 Fulton that Council make the following findings re
Abandonment Application A-11-88:
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 August 17, 1988. The Vote: Unanimous
Ayes
MOTION: Made by Council Member Carter, seconded by Council
Member Fulton, approving Abandonment Application A-11-88, subject
to the retention of a public service easement, and authorizing
the City Attorney to declare the land surplus and transfer the
property to the adjoining property owner. The Vote: Unanimous
Ayes
PUBLIC HEARING - re Abandonment Application A-12-88, by Jim
Elkins (South of Starlight Boulevard and east of Summit Drive)
(A-010-040)
The hour of 7:00 P.M., having arrived, Mayor Johannessen opened
the public hearing re Abandonment Application A-12-88.
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 October 12, 1988
Senior Planner Keaney reported that the Planning Commission
recommended approval of Abandonment Application A-12-88 to
abandon a 15-foot-wide waterline easement adjacent to Starlight
Subdivision. It was determined that the waterline easement is
unnecessary because the waterline is not located within the
easement, and Mr. Elkins has provided a new easement in the
correct location east of the subject easement.
MOTION: Made by Council Member Carter, 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 Carter, that Council make the following findings re
Abandonment Application A-12-88:
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 August 31, 1988. The Vote: Unanimous
Ayes
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that Resolution No. 88-377 be adopted, a
resolution of the City Council of the City of Redding ordering
the vacation and abandonment of a 15-foot-wide waterline easement
on a portion of Assessor's Parcel No. 104-510-04 (generally
described as the Starlight Subdivision located south of Starlight
Boulevard and east of Summit Drive) (A-12-88).
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Resolution No. 88-377 is on file in the office of the City Clerk.
RESOLUTION - Proclaiming October 23-30, 1988 as "Red Ribbon Week"
(A-050-060-600)
Chief of Police Blankenship stated that the Police Department
would appreciate Council's consideration of the proposed
resolution proclaiming October 23-30, 1988 as "Red Ribbon Week"
in support of a drug-free America. Chief Blankenship stated that
the local campaign is being organized by Crime Prevention Officer Reed, and "Red Ribbon Week" is a nationwide effort to bring the problems of drug and alcohol abuse into the consciousness of
society. Council Member Carter stated that the campaign against drug abuse is timely. The drug problem is tearing the nation apart, and Council is willing to lend its support.
MOTION: Made by Council Member Carter, seconded by Council
Member Fulton, that Resolution No. 88-378 be adopted, a
resolution of the City Council of the City of Redding proclaiming
October 23-30 as "Red Ribbon Week."
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Resolution No. 88-378 is on file in the office of the City Clerk.
ORDINANCE - Amending Sections of the Redding Municipal Code
Pertaining to Sewer Connection Charges and Sewer Service Charges
(W-020-590 & W-020-590-075)
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that the full reading of Ordinance No. 1865 be
waived and the City Attorney be instructed to read the full
title. The Vote: Unanimous Ayes
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that Ordinance No. 1865 be adopted, an ordinance
of the City Council of the City of Redding amending Sections
14.16.070 (Sewer Connection Charges) and 14.16.100 (Sewer Service
Charges) of Title 14--Sewers--of the Redding Municipal Code.
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Ordinance No. 1865 is on file in the office of the City Clerk.
ORDINANCE - Amending the Redding Municipal Code pertaining to
Business Taxes, Licenses and Regulations
* (F-205-600 & L-070-100)
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that the full reading of Ordinance No. 1866 be
waived and the City Attorney be instructed to read the full
title. The Vote: Unanimous Ayes
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that Ordinance No. 1866 be adopted, an ordinance
of the City Council of the City of Redding amending Section
6.02.180 of Title 6, Business Taxes, Licenses and Regulations, of
the Redding Municipal Code pertaining to violation--Penalty.
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Ordinance No. 1866 is on file in the office of the City Clerk.
ORDINANCE - Amending the Redding Municipal Code pertaining to
Animals
* (F-205-600 & A-130-100)
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that the full reading of Ordinance No. 1867 be
waived and the City Attorney be instructed to read the full
title. The Vote: Unanimous Ayes
MOTION: Made by Council Member Carter, seconded by Council
Member Fulton, that Ordinance No. 1867 be adopted, an ordinance
of the City Council of the City of Redding amending Section
7.12.060 of Title 7, Animals, of the Redding Municipal Code
pertaining to License--Fees and Due Date.
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Ordinance No. 1867 is on file in the office of the City Clerk.
ORDINANCE - Amending the Redding Municipal Code pertaining to
Fire Prevention--Permit Fees
* (F-205-600 & P-150-070)
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that the full reading of Ordinance No. 1868 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, that Ordinance No. 1868 be adopted, a resolution of the City Council of the City of Redding amending Chapter 9.20, Fire Prevention, of Title 9, Health and Safety, of the Redding Municipal Code pertaining to permit fees.
Voting was as follows:
Ayes: Council Members - Carter, Fulton, and Johannessen
Noes: Council Members - None
Absent: Council Members - Buffum and Dahl
Ordinance No. 1868 is on file in the office of the City Clerk.
TENTATIVE SUBDIVISION MAP S-13-88 - Quail Ridge Subdivision,
Units 2C and 4 through 11, by Urban Environments (East of Churn
Creek Road, west of Churn Creek, and north and east of Browning
Street)
(S-l00-607)
Council was advised that the Planning Commission has granted
permission to subdivide 136 acres into 387 single-family lots,
located east of Churn Creek Road, west of Churn Creek, and north
and east of Browning Street, described as Tentative Subdivision
Map S-13-88, Quail Ridge. A map of the area and a copy of the
conditions of approval were submitted to Council. This was an
information item.
ORDINANCE - Regulating Murals
(C-110-100)
Senior Planner Keaney submitted the amended ordinance regulating
murals with standards for acknowledgment of mural donors. Mr.
Keaney noted that the lettering style for donors shall be block
lettering, and the colors shall be monochromatic (having tones of
the most single used color in a mural) so as not to contrast or
stand out over the mural.
Council Member Fulton offered Ordinance No. 1869 for first
reading, an ordinance of the City Council of the City of Redding
amending Chapter 16.32 of the Redding Municipal Code pertaining
to signs.
REZONING APPLICATION RZ-4-88 - by Norman Levenson (North and
South of Oasis Road and East of Twin View Boulevard
(L-010-230)
Senior Planner Keaney recalled that Council approved, in concept,
the rezoning of property located east of Twin View Boulevard and
north and south of Oasis Road, and staff was directed to develop
a land use agreement. Mr. Keaney explained that it does not
appear that an agreement can be developed that Mr. Levenson will
accept or that staff can recommend be adopted.
Mr. Keaney said that staff is asking for some additional
direction. The differences in agreement are over the
requirements of infrastructure improvements both on-site and
off-site. Mr. Keaney noted that millions of dollars worth of
improvements will be necessary; and although a zoning ordinance
will provide design control, without an agreement, there is no
mechanism for providing public improvements.
Mr. Keaney outlined several alternatives available to Council
such as adopting the zoning without site plan review criteria;
adopting the zoning with site plan review criteria but without a
land use agreement; deny the zoning; direct staff and the owner's
representatives to meet again; or directing the Planning
Commission to consider amending the zoning ordinance to require
use permits for shopping centers and large free standing stores.
In response to Council Member Fulton's question, Mr. Keaney
stated that it will be necessary to improve Oasis Road, Churn
Creek Road, Twin View Boulevard, and the Interstate 5 interchange
must be upgraded to handle the increase in vehicle traffic. Mr.
Keaney pointed out that one reason why Mr. Levenson's property is
designated retail is because three major roads either traverse or
are adjacent to the property.
Virgil Weld, Civil Engineer representing applicant Norman
Levenson, said that Alternative 1 to adopt zoning without site
plan criteria is acceptable, but a conceptual map with site plan
has already been submitted, and Mr. Levenson has conceded that
point. He stated that Alternative 3 to deny the zoning is
unacceptable because store developers are convinced that zoning
is important.
Mr. Weld stated that the developer is in accord with Alternative 4 to meet with staff and reopen negotiations. He noted that Mr.
Levenson has not been in contact with staff since the proposed agreement was revised and returned by Mr. Levenson. Mr. Weld indicated that it is important to get some direction from Council and meet with staff. Mr. Weld conveyed that Mr. Levenson will not agree to the recordation of the agreement as it constitutes a lien on the property. Mayor Johannessen noted that it constitutes a cloud,
not a lien.
Mr. Weld responded that Mr. Levenson's agreement regarding sewer
bonds was never recorded, and this situation should be treated
likewise. He conveyed that Mr. Levenson predicts that this
property will generate up to one million dollars in property
taxes, a quarter million dollars in sales tax, and one-half
million dollars in bed taxes to the City of Redding yearly. Mr.
Weld stated that Council should consider cost sharing the
improvements or consider a rebate program as funds are generated
back to the City. Mr. Weld pointed out that these figures do not
include any spin off from increased employment, and an estimated
one to two thousand people could be employed.
Mr. Weld asked how the benefit fees for road improvements for
this development compare to that of other local shopping centers.
He explained that he would be glad to discuss this with staff or
Council in a study session, or have Council consider the matter
and give some direction to staff.
Mr. Weld stated that Alternative 5 directing the Planning
Commission to consider amending the zoning ordinance to require
use permits for shopping centers and large free standing stores
is acceptable, but would, in their case, take an additional six
months.
In response to Mayor Johannessen's question, Mr. Keaney stated
that the benefit fees are based on the number of vehicle trips
per day and the property use.
City Attorney Hays said the criteria staff used to determine Mr.
Levenson's benefit fees are no different than that used for other
shopping centers. There is a difference in dollars, but the same
criteria was used.
Mr. Keaney stated that it was his understanding that Mr. Levenson
objected to Alternative 5. Under the use permit process, staff
would recommend the same type of improvements.
Mayor Johannessen observed that if the zoning is denied, the
project will die. He suggested that staff and Mr. Levenson's
representative meet again and find a way to make this project
feasible and keep control.
Mr. Weld pointed out that there will be multiple lot splits
taking place, and this will give the City options for fees, etc.
He noted that the type of developers they have contacted want to
own their own free standing pad.
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, directing applicant Norman Levenson's
representatives and staff to meet again to see if an agreement
can be reached. The Vote: Unanimous Ayes
RECONSIDERATION OF STONE RIDGE SUBDIVISION - Appeal of Conditions
of Approval of Tentative Subdivision Map S-6-88, by Stone Ridge
Partners (East of Wisconsin Avenue)
(S-100-707-710)
Senior Planner Keaney recalled that on October 4, 1988, Council
upheld the Appeal of Conditions of Approval for Tentative
Subdivision Map S-6-88 and deleted the requirement of the open
space easement. Council subsequently asked for reconsideration
of that action after Mayor Johannessen expressed concern about
the impact of deleting the open space easement.
Mr. Keaney stated that staff is seeking further direction from
Council. Mr. Mihalka submitted to staff a draft agreement, to be
included in the Stone Ridge Subdivision's Conditions, Covenants,
and Restrictions, stating that the area originally designated
open space easement will be a restricted building area, except
for Lot 17 which has a relatively gentle slope. Mr. Keaney
submitted staff's version of an agreement which will also
restrict grading and give Council the option to include or
exclude Lot 17 from the restricted building area.
Dennis Mihalka, 164395 Plateau Circle, noted that the motion to
reconsider the appeal was considered after representatives from
Stoney Ridge Partners had left the Council meeting, and the
developers are at somewhat of a loss for information. Mayor Johannessen explained that Council decided to reconsider the appeal because the original motion deleted the open space easement and went beyond Stoney Ridge Partner's intent, which was
to allow cross fencing. Mr. Mihalka conveyed that Stoney Ridge Partners is also requesting unrestricted building activity on Lot 17.
Mr. Keaney reiterated that approving grading and unrestricted
building activity on Lot 17 is an option for Council to consider.
He identified areas of 20% slope on the lot, and noted that the
flat area at the bottom of the lot could also be developed. Mr.
Keaney stated that if grading were allowed on Lot 17, the home
could be built near the top of the lot, instead of at the bottom
of the lot and away from the other homes in the subdivision.
Mr. Mihalka stated that land with 20% slope is developable, but
he would not rule out the possibility of some grading.
Mayor Johannessen determined that Council favored upholding the
appeal and designating the original open space easement area a
restricted building and grading area, except for Lot 17.
Assistant City Manager McMurry suggested that the document be
prepared by the November 1, 1988, Council meeting. Mr. Hays
concurred.
MOTION: Made by Council Member Fulton, seconded by Council
Member Carter, amending Condition No. 31 for Tentative
Subdivision Map S-6-88, Stone Ridge Estates, by deleting the open
space easement and designating that area a restricted building
and grading area except for Lot 17, and requiring the Conditions,
Covenants and Restrictions to identify the restricted building
and grading area. The Vote: Unanimous Ayes
ROUTINE REPORTS AND COMMUNICATIONS
Alcoholic Beverage License Applications
(A-110-140)
Shasta View Market #1 (West Side Markets, Inc.)
4460 Highway 99 South
Shasta View Market #4 (West Side Markets, Inc.)
813 Market Street
Public Utilities Commission
(S-050-350)
Pacific Bell - Expedited application to restructure high
speed digital private line services and implement off-setting
surcharge
ADJOURNMENT
There being no further business, at the hour of 8:45 p.m., Mayor
Johannessen declared the meeting adjourned.
APPROVED:
_______________________
Mayor
ATTEST:
___________________________________
City Clerk
10/18/88