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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1989-08-15 344 8/15/89 City Council, Regular Meeting Council Chambers, 1313 California St. Redding, California August 15, 1989 7:00 p.m. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The Invocation was offered by Reverend Bill Burgess of the Liberty Free Will Baptist Church. The meeting was called to order by Mayor Carter with the following Council Members present: Buffum, Dahl, Fulton, Johannessen, and Carter. Also present were City Manager Christofferson, Assistant City Manager McMurry, City Attorney Hays, Director of Public Works Galusha, Director of Planning and Community Development Perry, Chief of Police Blankenship, Engineering Manager Russell, Fire Chief Bailey, Police Captain McKinnie, Assistant City Attorney Schouten, Field Foreman of the Electric Utility Smith, Associate Civil Engineer Mathis, Senior Planner Keaney, Director of Personnel Services Bristow, Senior Associate Planner King, Assistant Finance Director Sundin-Gruber, Transportation Coordinator Duryee, Budget Services Officer O'Lane, City Treasurer Linville, City Clerk Nichols, and Secretary to the City Council Moscatello. RESOLUTION - Recognizing Firefighter/Engineer Major Herrick as the Employee of the Year in the Public Service and Productivity Award (P-100-200) Mayor Carter stated that the selection committee has nominated Firefighter/Engineer Major Herrick as the Employee of the Year for his proposal to the Fire Department to use 3% foam instead of 6% foam on chemical and fuel spills. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-265 be adopted, a resolution of the City Council of the City of Redding recognizing the "Employee of the Year" for fiscal year 1988-89 in the City's Public Service and Productivity Award Program. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-265 is on file in the office of the City Clerk. On behalf of Council, Mayor Carter congratulated Major Herrick and presented him with a plaque. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Adjourned Regular Meeting of July 11, 1989 Regular Meeting of July 18, 1989 Adjourned Regular Meeting of July 25, 1989 Regular Meeting of August 1, 1989 Approval of Payroll and Accounts Payable Register (A-050-100-500) 345 8/15/89 Recommend that Accounts Payable Register No. 03, check numbers 147308 through 147712 inclusive, in the amount of $1,738,525.51, be approved and paid, and Payroll Register No. 03, check numbers 282363 through 283111 inclusive, in the amount of $717,973.40, and Automatic Payroll Deposits in the amount of $144,060.62, for the period July 23, 1989 through August 05, 1989, be approved. TOTAL: $2,600,559.53 Treasurer's Report - July 1989 (A-050-100-600) Total Treasurer's Accountability - $27,081,260.26 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $95,108,255.08 Request from People of Progress - Emergency Food Assistance Funds (B-130-030 & G-100-030) It is the recommendation of the Planning Director that the request from People of Progress for emergency food assistance funds be forwarded to a Council workshop to discuss whether this type of funding would be a normal obligation of the City. Set Public Hearing - Rezoning Application RZ-10-89, by City of Redding (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider Rezoning Application RZ-10-89, a request to prezone property near the northwest corner of the intersection of Clear Creek Road and Westside Road to "U" Unclassified District. Set Public Hearing - Rezoning Application RZ-11-89, by City of Redding (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider Rezoning Application RZ-11-89, a request to prezone property located on both sides of Airstrip Road, north of Highway 44 to "U-F" Unclassified District with site-plan-review criteria. Resolution - Community Garden Services from People of Progress (G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 89-266 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and People of Progress for Community Garden Services, and authorizing the City Manager to sign same. The 1989 Community Development Block Grant Program set aside $8,046 in funds to provide staff assistance and related activities to the Diestelhorst and Freebridge Community garden sites. Resolution - Counseling Services from Northern Valley Catholic Social Services (G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 89-267 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Northern Valley Catholic Social Services for counseling services, and authorizing the City Manager to sign same. The 1989 Community Development Block Grant Program set aside $7,685 to provide professional counseling for pregnant teens and adolescent parents. Resolution - Emergency Food Assistance from Shasta Senior Nutrition Program (G-100-030-034) 346 8/15/89 It is the recommendation of the Planning Director that Resolution No. 89-268 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Shasta Senior Nutrition Program for emergency food assistance services, and authorizing the City Manager to sign same. The 1989 Community Development Block Grant Program set aside $1,000 to provide for transportation costs. Resolution - Fair Housing Services from Shasta Legal Center (G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 89-269 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Shasta Legal Center of Northern California for fair housing counseling, and authorizing the City Manager to sign same. The 1989 Community Development Block Grant Program set aside $3,000 to provide information to tenants, landlords, and others concerning housing related issues. Resolution - Mobilehome Repair Program * (G-100-030-033 & G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 89-270 be adopted, a resolution of the City Council of the City of Redding approving the Mobilehome Repair Program Policy. The 1988-89 and 1989-90 Community Development Block Program set aside a total of $20,000 to be used for a mobile home repair program. The City will arrange financing, identify eligible repairs, and monitor for program compliance. The mobilehome owner would be responsible for soliciting bids and acceptance of final work. Resolution - Literary Services from the Laubach Literacy Council (G-100-030-034) It is the recommendation of the Planning Director that Resolution No. 89-271 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and the Laubach Literacy Council, and authorizing the City Manager to sign same. The 1989 Community Development Block Grant Program set aside $5,600 to provide literacy training services. Resolution - Rehabilitation Loan Policy Amendment (G-100-180-380) It is the recommendation of the Planning Director that Resolution No. 89-272 be adopted, a resolution of the City Council of the City of Redding approving the Amendment to the Rehabilitation Loan Policy adopted by City Council Resolution No. 75-86. The amended policy will increase the maximum loan under the regular loan program to $23,000, and under the special housing codes only program to $32,000. Annexation 89-1 - Collyer Drive (A-150-218) It is the recommendation of the Planning Director that Annexation 89- 1, Collyer Drive, be referred to Departments for review and comment and to the Board of Administrative Review for an environmental determination. The majority of the annexation area was prezoned in 1987, and staff will ask LAFCO to waive the prezoning requirement for the additional area. Set Public Hearing - General Plan Amendment Application GPA-5-89, by Douglas Bradford (North side of Old Alturas Road) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider GPA-5-89, a request to reclassify approximately 21 acres of property to "Retail." 347 8/15/89 Set Public Hearing - General Plan Amendment Application GPA-8-89, by C.D. Nelson (Santa Rosa Way and Lake Boulevard) (G-030-010) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5,, 1989, to consider GPA-8- 89, a request to reclassify 2.44 acres to "Retail.". Set Public Hearing - Rezoning Application RZ-12-89, by C.D. Nelson (Santa Rosa Way and Lake Boulevard) (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider RZ-12-89, a request to rezone approximately .09 acre to "C-1" Neighborhood Commercial District. Set Public Hearing - Rezoning Application RZ-2-89, by Douglas Bradford (North side of Old Alturas Road) (L-010-230) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider RZ-2-89, a request to rezone 21 acres to "C-2" Central Commercial District. Set Public Hearing - Appeal of Denial of Lot Split Application LS-34- 89, by Norman Levenson (Both side of Oasis Road and east of Twin View Boulevard) (L-010-150) It is the recommendation of the Planning Director that a public hearing be set for 7:00 p.m., September 5, 1989, to consider the appeal of denial of LS-34-89. Resolution - Agreement with PG&E for Joint Pole Construction for the West Loop 115\kV Project (E-090-160-800) It is the recommendation of the Electric Utility Director that Resolution No. 89-273 be adopted, a resolution of the City Council of the City of Redding approving the Agreement to install facilities or perform other work between the City of Redding and Pacific Gas and Electric Company for joint pole construction along the West Loop Transmission Line Project Route; authorizing payment to PG&E of its actual costs, not to exceed $75,000; and authorizing the Mayor to sign all necessary documentation. Award of Bid - Bid Schedule No. 2220, 115 kV Capacitor Voltage Transformers - Eureka Way and Moore Road Substations (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2220, 115 kV Capacitor Voltage Transformers for the Eureka Way and Moore Road Substations, be awarded to the sole bidder, Trench Electric, in the amount of $53,159 (Bid Groups I and II). Funds for this purchase are included in the 1985 Electric System Project Financing Program. Award of Bid - Bid Schedule No. 2221, Four 14.4 kV Vacuum Breakers - Eureka Way Substation (B-050-100) It is the recommendation of the Electric Utility Director that Bid Schedule No. 2221, Four 14.4kV Vacuum Breakers, for the Eureka Way Substation, be awarded to the second low bidder, ASEA Brown Boveri, in the amount of $99,699.90. The low bidder did not meet the requirements of the specifications. Funds for this purchase are included in the 1985 Electric System Project Financing Program. Resolution - Public Service and Productivity Award Program 348 8/15/89 (P-100-200) It is the recommendation of the Personnel Services Director that Resolution No. 89-274 be adopted, a resolution of the City Council of the City of Redding (1) rescinding Resolution No. 89-242 effective Midnight, August 14, 1989; and (2) establishing a new Personnel Policy for Unrepresented Employees not covered by a Memorandum of Understanding effective August 15, 1989. Four members of the suggestion committee will continue their terms for 18 months, and the suggestion eligibility criteria will include the following: a suggestion will not be considered if it is found to be within the suggester's job scope or expected duties. Resolution - Shasta Interagency Narcotics Task Force Agreement Amendments (P-150-150) It is the recommendation of the Police Chief that Resolution No. 89- 275 be adopted, a resolution of the City Council of the City of Redding approving the revised Shasta Interagency Narcotics Task Force Agreement, and authorizing the Chief of Police to sign same. The Agreement has been amended to exclude the Department Head of the Shasta County Probation Department from serving on the governing board. Resolution - Federal (FAA) Grant Application - Redding Municipal Airport Funding (G-100-070-095 & A-090-100) It is the recommendation of the Airports Director that Resolution No. 89-276 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of an application with the Federal Aviation Administration (FAA) for grant monies for land acquisition at Redding Municipal Airport for Project No. 3-06-0194-10, and authorizing the City Manager to execute the application and all subsequent documentation to obtain funds. The FAA has allocated $517,674.00 for the reimbursement of general fund monies used for land acquisition. Request to Sell Beer - Asphalt Cowboys (A-110-100) It is the recommendation of the Recreation and Parks Commission and the Recreation and Parks Director that the request by the Asphalt Cowboys to sell beer and wine at the annual barbecue in Lake Redding Park on September 10, 1989, be approved. Award of Bid - Bid Schedule No. 2228, Traffic Signals and Lighting Standards (B-050-100) It is the recommendation of the Public Works Director that Bid Schedule No. 2228, traffic signals and lighting standards, be awarded to the low bidder, Westinghouse Electric Supply Company, in the amount of $43,951.84. Funds for the standards will be provided from developers and Shasta County. Notice of Completion - Bid Schedule No. 2163, Mary Lake Trail Improvements (B-050-020 & P-050-460-250) It is the recommendation of the Public Works Director that Bid Schedule No. 2163 (Job No. 9777), Mary Lake Trail Improvements, awarded to Robert J. Frank Construction, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $76,486.40. Notice of Completion - Bid Schedule No. 2113, Diestelhorst Landing Office Park (B-050-020 & C-070-100) 349 8/15/89 It is the recommendation of the Public Works Director that Bid Schedule No. 2113 (Job No. 9881), Diestelhorst Landing Office Park, awarded to North Valley Construction Company, Inc., be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is 247,636.15. Notice of Completion - Bid Schedule No. 2175, Senior Citizen's Hall Air Conditioning Modifications (B-050-020 & C-050-700) It is the recommendation of the Public Works Director that Bid Schedule No. 2175 (Job No. 9935), awarded to All Weather, be accepted as satisfactorily completed, and the City Clerk be authorized to file a Notice of Completion. The final contract price is $49,440. The City's share is $21,741.73 and the Senior Citizen's share is $27,696.27. Acceptance of Final Map - Western Oaks Subdivision, Unit 2 (East of Alta Mesa, north of El Vista, and west of Saratoga) (S-100-783) It is the recommendation of the Public Works Director that the Final Map for Western Oaks Subdivision, Unit 2, developed by Ronald G. and Margaret A. Mygrant, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Acceptance of Final Map - Western Ranches, Unit 9, Phase I (On Templeton, east of Alta Mesa and west of Saratoga) (S-100-785) It is the recommendation of the Public Works Director that the Final Map for Western Ranches, Unit 9, Phase I, Subdivision, developed by Hoisington and Goebel Construction, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Resolution Accepting Streets - Acceptance of Improvements for Blue Oak Terrace, Unit 2 (East of Hilltop and south of Peppertree) * (S-070-230 & S-100-045) It is the recommendation of the Public Works Director that Resolution No. 89-277 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation all of Vansicklen Way and Hanland Court in the Blue Oak Terrace Subdivision, Unit No. 2. It is also recommended that the improvements in Blue Oak Terrace, Unit 2, developed by Drake Homes Development, be accepted as satisfactorily completed and the City Clerk be instructed to return the securities to the developer. Award of Bid - Bid Schedule No. 2234, 1989 Asphalt Overlay Program (B-050-020 & S-070-200) It is the recommendation of the Public Works Director that Bid Schedule No. 2234 (Job No. 9521), 1989 Asphalt Overlay Program, be awarded to the low bidder, J. F. Shea, in the amount of $523,560 and an additional $26,440 be approved to cover the cost of engineering and inspection fees and contract change orders. Funding sources consist of $27,000 from Toys-R-Us for their portion of overlay, $12,000 from the wastewater collection utility, $24,000 from the water utility, and the remainder from the paving and slurry/chip sealing program budget. Resolution Accepting Streets - Acceptance of Improvements for Lancer Hills Estates, Unit 2 (North of Lancers Lane, east of Canby Road and north of Shasta Crossroads) * (S-070-230 & S-100-433) It is the recommendation of the Public Works Director that Resolution No. 89-278 be adopted, a resolution of the City Council of the City of 350 8/15/89 Redding accepting for maintenance and operation all of Burton Lane and Weatherby Court in the Lancer Hills Estates Subdivision, Unit 2. It is also recommended that the improvements in Lancer Hills Estates, Unit 2, developed by Jaxon Enterprises, be accepted as satisfactorily completed and the City Clerk be instructed to return the securities to the developer. Acceptance of Final Map - Forest Homes Subdivision, Unit 2 (South of Hartnell and west of Shasta View) (S-100-208) It is the recommendation of the Public Works Director that the Final Map for Forest Homes, Unit 2 Subdivision, developed by Lynnaco Development, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk file the map with the Shasta County Recorder. Purchase of Vehicle - Public Works Department (B-050-100 & W-010-560) It is the recommendation of the Public Works Director that Council waive the formal contract purchasing procedure and authorize the Purchasing Department to proceed with the purchase of a 1988 or newer, 4-door sedan, for the estimated amount of $12,000 or less. The vehicle is for the use of the Stillwater Treatment Plant Project Coordinator and funds for the vehicle are budgeted in the Stillwater Project. Resolution - Abatement Proceedings on Property Located at 2361 Waverly Avenue, owned by Owen R. Brown and Mary L. Brown (A-030-070) It is the recommendation of the Board of Appeals and the City Attorney that Resolution No. 89-279 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 hazardous building(s) and debris on the property located at 2361 Waverly Avenue, owned by Owen R. Brown and Mary L. Brown. Resolution - Abatement Proceedings on Property Located at 2021 East Cypress Avenue, owned by William P. Gregory and James Edward Gregory (A-030-070) It is the recommendation of the City Attorney that Resolution No. 89- 280 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property located at 2020 East Cypress Avenue, in the City of Redding (owned by William P. Gregory, 1/2 undivided interest, and James Edward Gregory, 1/2 undivided interest by demise). Resolution - Abatement Proceedings on Property Located at 1735 Roanoke Avenue, owned by Theodore R. Drumgoole (A-030-070) It is the recommendation of the City Attorney that Resolution No. 89- 281 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property located at 1735 Roanoke Avenue, in the City of Redding (owned by Theodore R. Drumgoole). Resolution - Abatement Proceedings on Property Located at 2753 Downard Lane, owned by Betty J. Hanks (A-030-070) It is the recommendation of the City Attorney that Resolution No. 89- 282 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under 351 8/15/89 Chapter 9.36 of the Redding Municipal Code on certain real property located at 2753 Downard Lane, in the City of Redding (owned by Betty J. Hanks, a widow). Resolution - Abatement Proceedings on Property Located at 2759 Downard Lane, owned by Betty J. Hanks (A-030-070) It is the recommendation of the City Attorney that Resolution No. 89- 283 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property located at 2759 Downard Lane, in the City of Redding (owned by Betty J. Hanks). Resolution - Agreement with Shasta Union High School District and Debbie Rodgers - Concession Stand Facility at Enterprise High School (P-050-700-300) It is the recommendation of the City Attorney that Resolution No. 89- 284 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 Debbie Rodgers for operation of the concession stand facility at Enterprise High School, and authorizing the Mayor to sign. The Agreement is for the period June 20, 1989, through August 27, 1989, and the City will receive 15% of the gross receipts. 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, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution Numbers 89-266, 89-267, 89-268, 89-269, 89-270, 89-271, 89- 272, 89-273, 89-274, 89-275, 89-276, 89-277, 89-278, 89-279, 89-280, 89-281, 89-282, 89-283, and 89-284 are on file in the office of the City Clerk. - - - - - WRITTEN COMMUNICATIONS The following letters were considered simultaneously. Letter from Richard D. Green - Vice Chairman of the Redding Redevelopment Agency (B-080-370) A letter of resignation was received from the Vice Chairman of the Redding Redevelopment Agency, Richard Green. Letter from William Potter - Redding Planning Commissioner (B-080-300) A letter of resignation was received from Redding Planning Commissioner William Potter. Referring to the disclosure of financial interests and the prohibition of acquisition of a financial interest within a redevelopment project area by any agency, city officer, or employee involved in a redevelopment project, Council Member Johannessen noted that there is a need for these rules and regulations; but, he pointed out that laws are passed and the next 10 to 15 years are spent in the court interpreting them. He expressed hope that Mr. Potter and Mr. Green, 352 8/15/89 and any other individual considering resigning, would reconsider their resignations based on this. Council Member Johannessen noted that there are areas of concern and the limits need to be clarified. He emphasized that it would be unfortunate if only those people who have no vested interest in the City could serve on a Commission. Council Member Buffum concurred with Council Member Johannessen's statement. She pointed out that the regulations eliminate business people from serving on a commission, and a cross section of business and professional minds is important to have. Council Member Buffum asked if Council could not act on the resignations until a legal ruling is reached. City Attorney Hays pointed out that these individuals are concerned about their inability to acquire property in the survey area; or in the case of Mr. Potter, inadvertently acquiring a financial interest in the form of a lien, etc. He explained that their decisions are based on this point, and the law is straight forward on this issue. Mr. Hays stated that other commissioners should carefully consider what kind of concerns they have and deal with the law on a factual basis. Council Member Buffum asked Mr. Hays if the resignations should be accepted and if he has spoken with these Commissioners. Mr. Hays responded that he has spoken with these Commissioners, and because of the nature of their business, they believe it is necessary to resign. In response to Council Member Fulton's question, Mr. Hays explained that the law became active in 1986. He pointed out that the law did not cause trouble prior to this time because the redevelopment project areas were small; however, the redevelopment areas have been expanded to include almost one-third of the community. On behalf of Council, Mayor Carter accepted the resignations of Richard Green from the Redding Redevelopment Agency and William Potter from the Redding Planning Commissioner with deep regret. Letter from Friends of Shasta County Libraries (L-050) A letter was received from the Friends of Shasta County Libraries requesting the opportunity to speak to Council. Al Weissberg, representing Friends of Shasta County Libraries, stated that the City and County are entering a new period of cooperation for the county-wide libraries system. Mr. Weissberg quoted from the report prepared by State Librarian, Barbara Campbell, which stated that a community that is recruiting a satellite campus, is served by the new four-year Simpson College and Shasta Junior College, and will reach a population of 100,000 people cannot be served by the kind of library services that are currently being offered. He pointed out that the Board of Supervisors approved over $300,000 in the budget for the library. The library was hoping to receive special augmentation funds; but those funds did not materialize, and there is a shortfall of $130,000. Mr. Weissberg conveyed that the County will allocate $65,000 more if the City will match those funds. He noted that Council is considering a City budget of $99,000,000; and although Redding is a growing community, it is a matter of priorities. Mr. Weissberg asked Council to show faith in the future of Shasta County and allocate an additional $65,000 to the libraries. 353 8/15/89 Council Member Johannessen stated that Council showed its faith by allocating $100,000 for the library while the County finds a permanent source of funding. Council Member Dahl reiterated that the City allocated $100,000 out of the general fund for the library, and he pointed out that City residents are also Shasta County taxpayers. He emphasized that he wants to see a long-term funding mechanism in place and noted that there is some confusion about the County's ability to fund the library. Council Member Dahl said he would like to know what the County's priorities are that they cannot find the money to fund the libraries. Council Member Buffum concurred with Council Member Dahl. She noted that one city should not fund the libraries for all the cities. Council Member Fulton said the County should find a permanent source of money for the library. Noting that the County may be eligible for more funding from Sacramento, Mayor Carter told Mr. Weissberg that Council has not closed the door, and the situation will be monitored. Mr. Weissberg stated that the City of Anderson is not off the hook, and Friends of the Library are working with them. PALISADES SEWER ASSESSMENT DISTRICT NO. 1989-2 (A-170-100-550) Public Works Director Galusha stated that the Palisades Sewer Assessment District is an acquisition assessment district now under construction, and there is no opposition. It is recommended that the paid and unpaid list be filed and the resolution determining assessment remaining unpaid be adopted. Paid and Unpaid List of Assessments Resolution MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-285 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid in the Palisades Sewer Assessment District No. 1989-2. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-285 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-3-89, by City of Redding (East of Shasta View Drive, west of Abernathy Lane, and north and south of Old Alturas Road) (L-010-230) The hour of 7:00 P.M., having arrived, Mayor Carter opened the public hearing regarding RZ-3-89. 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 August 8, 1989 354 8/15/89 Planning and Community Development Director Perry reported that the Planning Commission recommended prezoning approximately 125 acres to "R1-A" and "R1-A-B2A" Single Family Residential Districts combined with the "Special Agricultural Combining District." Mr. Perry added that the prezoning is being processed in conjunction with Annexation 89-1. Mr. Perry indicated that the owner of property on the northeast corner of Shasta View Drive and Old Alturas Road requested that his property be zoned commercial. It is the recommendation of staff that Council approve the prezoning as recommended by the Planning Commission. Fred Weatherill, 2538 Old Alturas Road, said he is in favor of the zoning as recommended by the Planning Commission, and opposed to commercial zoning on the corner of Shasta View and Old Alturas. He stated that property owners were not notified that this area could be prezoned commercial. Joe Machado, 2520 Old Alturas Road, stated that he requested commercial zoning on the corner of Shasta View and Old Alturas. Mr. Machado stated that in the alternative he is requesting Unclassified zoning so that at some future date, if he wants to use the property other than for residential use, he can apply for a use permit. Mr. Machado stressed that the traffic count at this corner should double after completion of Shasta View Drive, and there are a variety of other zonings at this location. He requested that the property be prezoned Unclassified with proper notification. Joy Weatherill, 2538 Old Alturas Road, stated that the request for unclassified prezoning is a back door way to get commercial at some later time without notification. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that the public hearing be closed. The Vote: Unanimous Ayes Mr. Perry stated that Mr. Machado is probably not considering a heavy commercial use, but perhaps a use such as a convenience store. He explained that a general plan amendment would be required before commercial zoning could be considered for the parcel. Mr. Perry added that property across from Mr. Machado's was zoned commercial in 1988 when the owner provided right-of-way for the extension of Shasta View Drive. He outlined the extent of other commercial zoning in the area and indicated that there is now adequate commercial zoning. He agreed that the traffic count will go up. Council Member Johannessen stated that he is concerned about the traffic count. He pointed out that a corner with a 14,000 car traffic count will not be well served by a residential use. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Council make the following findings re RZ-3-89: 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 May 10, 1989. The Vote: Unanimous Ayes 355 8/15/89 MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, to approve the recommendation of the Planning Commission for prezoning the area. The Vote: Unanimous Ayes Council Member Dahl offered Ordinance No. 1901 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 prezoning of certain real property adjacent to the City of Redding (RZ-3-89). PUBLIC HEARING - re Rezoning Application RZ-8-89, by City of Redding (Hawley Road/State Highway 299E Interchange) (L-010-230) The hour of 7:00 P.M., having arrived, Mayor Carter opened the public hearing regarding RZ-8-89. 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 August 8, 1989 City Clerk Nichols stated that letters of protest were received from Kenneth R. Combs and Patricia J. Combs and Jewel Weyler. Planning and Community Development Director Perry reported that the Planning Commission recommended prezoning the property to "C-1-F" and "C1-F-FP" Neighborhood Commercial Districts with site-plan review; "U" and "U-FP" Unclassified Districts; and "R3-40-F" Multiple Family Residential Districts with site-plan review. Mr. Perry stated that the prezoning is being processed in conjunction with Annexation 89-2. Linda Slater, 1684 Hobo Lane, asked where the northeast boundary lies. Mr. Perry outlined where the rezoning application boundaries lay. Karl Tomlinson, 6849 West Waverly, requested that his parcel in the Hawley Road area be zoned commercial. He explained that his property is precluded from any other use. Mr. Perry outlined where Mr. Tomlinson's property is and explained that staff is recommending that the property be zoned Unclassified. He stated that this will give the property owner some flexibility in the future. He pointed out that access to the property is through a single family subdivision. MOTION: Made by Council Member Fulton, seconded by Council Member Johannessen, 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 RZ-8-89: 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 June 28, 1989. The Vote: Unanimous Ayes Council Member Buffum offered Ordinance No. 1902 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 prezoning of certain real property adjacent to the City of Redding (RZ-8-89). 356 8/15/89 PUBLIC HEARING - re Rezoning Application RZ-9-89, by City of Redding (Both sides of Placer Road) (L-010-230) The hour of 7:00 P.M., having arrived, Mayor Carter opened the public hearing regarding RZ-9-89. 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 August 8, 1989 Planning and Community Development Director Perry reported that the Planning Commission recommended prezoning approximately 190 acres to "R1-B2" and "R1-B10" Single Family Residential Districts. Mr. Perry indicated that the prezoning is being processed in conjunction with an annexation request. Mayor Carter determined that there were no comments from the floor. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl, 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-9-89: 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 June 28, 1989. The Vote: Unanimous Ayes Council Member Dahl offered Ordinance No. 1903 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 prezoning of certain real property adjacent to the City of Redding (RZ-9-89). ORDINANCE NO. 1896 - Rezoning Application RZ-5-89, by City of Redding (7149 and 7154 Creekside Drive) (L-010-230) MOTION: Made by Council Member Johannessen, seconded by Council Member Buffum, that the full reading of Ordinance No. 1896 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 Dahl, that Ordinance No. 1896 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-5-89). Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Ordinance No. 1896 is on file in the office of the City Clerk. 357 8/15/89 ORDINANCE NO. 1897 - Rezoning Application RZ-7-89, by City of Redding (North of Lancers Lane) (L-010-230) MOTION: Made by Council Member Johannessen, seconded by Council Member Buffum, that the full reading of Ordinance No. 1897 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Fulton, that Ordinance No. 1897 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-7-89). Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Ordinance No. 1897 is on file in the office of the City Clerk. ORDINANCE NO. 1898 - Amendment of Planned Development PD-1-89, The Vineyard, by Scottsdale Company (South of College View Drive and east of Churn Creek) (L-010-210-785) MOTION: Made by Council Member Johannessen, seconded by Council Member Buffum, that the full reading of Ordinance No. 1898 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, that Ordinance No. 1898 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-1-89). Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Ordinance No. 1898 is on file in the office of the City Clerk. ORDINANCE NO. 1899 - Adopting the 1988 Uniform Administrative Code, 1988 Uniform Building Code, 1988 Uniform Housing Code, 1988 Uniform Mechanical Code, and 1988 Uniform Plumbing Code * (C-110-175 & C-110-200 & C-110-300 & C-110-350 & C-110-400) MOTION: Made by Council Member Johannessen, seconded by Council Member Buffum, that the full reading of Ordinance No. 1899 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Ordinance No. 1899 be adopted, an ordinance of the City Council of the City of Redding amending Title 16, Buildings and Construction, of the Redding Municipal Code pertaining to adoption of Uniform Codes. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter 358 8/15/89 Noes: Council Members - None Absent: Council Members - None Ordinance No. 1899 is on file in the office of the City Clerk. ORDINANCE NO. 1900 - Adopting the 1988 Uniform Fire Code (C-110-275) MOTION: Made by Council Member Johannessen, seconded by Council Member Buffum, that the full reading of Ordinance No. 1900 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Buffum, seconded by Council Member Dahl, that Ordinance No. 1900 be adopted, an ordinance of the City Council of the City of Redding amending Title 9, Health and Safety, of the Redding Municipal Code by amending Sections 9.20.010, 9.20.040, and 9.20.050 of Chapter 9.20 relating to Fire Prevention. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Ordinance No. 1900 is on file in the office of the City Clerk. RESOLUTION - Fiscal Year 1989-90 Budget (B-130-070) City Manager Christofferson submitted the Annual Budget for Fiscal Year 1989-90 with the Table of Changes as authorized by City Council at the Budget Study Session. Mr. Christofferson noted that the only change to the Table of Changes was an appropriation in the amount of $350 for a VCR and tapes for the City Council. It is the recommendation of staff that the resolution approving the budget be adopted. Council Member Dahl emphasized that the budget is the most important planning document Council has. He pointed out that the size of the budget is indicative of the growth of the community over the last several years. Council Member Dahl pointed out that Redding is a full service community, and the budget for the municipal electric utility amounts to $40,000,000. Noting that the construction of the Stillwater Treatment Plant was the number one priority last year, he expressed pride that the budget reflects the beginning of the Stillwater Treatment Plant. MOTION: Made by Council Member Fulton, seconded by Council Member Buffum, that Resolution No. 89-286 be adopted, a resolution of the City Council of the City of Redding adopting and approving budget appropriations for personnel costs, debt service, materials, supplies and contract services, and capital outlay for the Fiscal Year 1989-90. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-286 is on file in the office of the City Clerk. RESOLUTION - Substance Abuse Policy (P-100-200) 359 8/15/89 City Manager Christofferson stated that the Drug Free Workplace Act of 1988 passed by Congress requires that all federal grants recipients, including cities, establish a substance abuse policy for the workplace. Mr. Christofferson added that this is also a sound policy in that it attempts to ensure employees are in a condition to perform their duties safely, efficiently, and in the interest of their fellow workers, the public, and themselves. Mr. Christofferson conveyed that the policy drafted by staff emphasizes the positive aspects of a substance abuse program, such as rehabilitation and training, and that discipline of an employee with a substance abuse problem is a last resort after other measures have failed. Mr. Christofferson explained that the proposed policy applies to all unrepresented employees, and the policy will be negotiated with the represented groups. Personnel Services Director Bristow emphasized that the policy is very positive. He conveyed that the policy provides training on the dangers of alcohol and drug abuse, and supervisors will be trained to recognize abuse. Council Member Johannessen noted that staff went to great lengths to protect the private lives of the employees. Council Member Dahl said it is a responsible move. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl, that Resolution No. 89-287 be adopted, a resolution of the City Council of the City of Redding adopting a substance abuse policy for the Unrepresented Employees of the City of Redding. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-287 is on file in the office of the City Clerk. REGIONAL FIRING RANGE (C-070-010-050) City Clerk Nichols noted that two letters were received from Max Jenkins dated July 14, 1989, and August 8, 1989, expressing concern and opposition to the proposed regional firing range. City Clerk Nichols also noted that petitions in support of the proposed firing range was received. Noting that many people attending tonight are concerned about the proposed regional firing range on the Hunt property, Mayor Carter distributed a list of the steps completed and steps pending in the County public hearing process. He said there is a presumption that the City of Redding is not allowing any input from citizens, but that is not true. Mayor Carter explained that the process could take as long as a year. Planning and Community Development Director Perry outlined the environmental impact report (EIR) process. He conveyed that the document is used to identify the impacts of a project and suggests the manner in which to mitigate those impacts to a successful level. He added that the EIR is the basis for discussion, but the decision is handled independently. Mr. Perry explained that the use permit process is the vehicle by which certain uses are required to obtain 360 8/15/89 use permit, and in this case, the County can approve the project with conditions or not. Mr. Perry noted that Council has considered many parcels, and the process of opening escrow was to assure that the property was available. Council Member Fulton pointed out that before preparing the EIR, the City should have a vested interest in the property. Council Member Johannessen stated that the Hunt property could be an excellent site. He stated that some kind of controlling interest in the property should be held before continuing the process; and if this cannot be obtained, other sites should be pursued. City Manager Christofferson stated that staff met with Mr. Hunt's representative and there are several points in the offer in which the City takes exception. He explained that the price was agreeable; but staff disagrees with the provision for holding costs. Mr. Christofferson noted that the escrow will have a long fuse, and Mr. Hunt believes he should receive some compensation for taking the property off the market. He added that staff also takes exception to reappraising the property. Mr. Christofferson conveyed that the U.S. Department of Fish and Game (USFG) is willing to contribute up to $300,000 toward the purchase price. However, the USFG has taken exception to Mr. Hunt's provision to retain 5/8% of the mineral rights with right of entry. He added that Mr. Hunt has responded by offering to retain 50% of the mineral rights with two sites from which service entry could be taken upon approval by the the City and the USFG. Mr. Christofferson noted that the offer expires at 5 p.m., August 16, 1989. He recommended that staff and Council continue negotiating with Mr. Hunt. Council Member Johannessen stated that the City should not pay holding costs. He added that another appraisal can be prepared, but that does not tie the City down to a price. He conveyed that staff should be absolutely sure that USFG is in agreement with the offer, because they will not participate if Mr. Hunt wants to retain mineral rights. Regarding the offer's deadline, Council Member Johannessen stated that the deadline is not a problem, there is still time to negotiate. Council Member Dahl concurred and stated that negotiations should continue. Mayor Carter noted that the Council received copies of all communications received by the Board of Supervisors in this matter. Council Member Buffum addressed those citizens appearing at the Council meeting and stated that Council appreciates their effort. She conveyed that Council has taken notice of their presence, Council is willing to listen; but, she pointed out that this is only the beginning of the process. With the concurrence of Council, Mayor Carter stated that the negotiation process for the Hunt Ranch property for the proposed regional firing range should continue. RECESS At the hour of 8:50 p.m., Mayor Carter declared the meeting recessed. At the hour of 9:00 p.m., Mayor Carter reconvened the meeting. WESTERN SHASTA RESOURCE CONSERVATION DISTRICT 361 8/15/89 (A-050-060) Planning and Community Development Director Perry recalled that Council declined to submit a letter of support to the County on behalf of the Western Shasta Resource Conservation District request for special district augmentation funds. Staff was asked to bring back the applicant list for Council's review prior to the Board of Supervisors making its final determination. It is the recommendation of staff that the decision to allocate special district augmentation funds is the County's business, not the City's, and if the City issues a letter of support for one applicant, the City should consider all the requests. Council Members Buffum, Dahl, and Johannessen concurred with the recommendation of staff. Mr. Perry indicated that no action is required. POLICE AND ADMINISTRATION BUILDING (C-050-025) Planning and Community Development Director Perry recalled that Council directed staff to negotiate an amendment to the contract on the design of the Police and Administration buildings. Mr. Perry reviewed the amendments as outlined in the Report to City Council dated August 8, 1989. Council Member Buffum stated that Council wants to be involved in the process. Mr. Perry stated that staff has set the program up so Council will be heavily involved in the decision making process. In response to Council Member Fulton's inquiry, Mr. Perry stated that the architects will prepare a workable site plan, establish architectural elements and materials, determine space needs, prepare floor plan arrangements, renderings, and models. Mayor Carter stated that a display model should be built. Council Member Johannessen stated that the building site should not be located behind Caltrans. Council Member Buffum asked why eminent domain procedures are not being taken. She suggested that staff be more aggressive in its stance. City Attorney Hays stated that the burden of proof is different when two public entities are involved, and the City must prove a higher use. City Manager Christofferson conveyed that staff will be meeting with Caltrans. Mayor Carter opined that the matter can be worked out in other ways besides going to Court. Council Member Johannessen noted that the State may be able to show damages and the cost of relocating the yard may fall on the City. He opined that the City may not even want to use that property. Mr. Hays stated that the parking lease can be terminated which will make the site inconvenient for Caltrans. Mr. Perry stated that more discussion with Caltrans is necessary. He pointed out that the only thing Council is risking is the site plan. Mr. Perry indicated that Council will be kept updated on the progress of staff and the architects. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, to amend the contract on the design of the Police and Administration buildings with architects, Nichols, Melburg, & Rosetto, as outlined in the Report to City Council dated August 8, 1989, and 362 8/15/89 directing the architects to prepare the programming task prior to the concept and site plan task. The Vote: Unanimous Ayes PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT MONTHLY STATUS REPORT (A-050-250) Planning and Community Development Director Perry submitted the Monthly Status Report for July 1989 for the following work areas: (1) redevelopment activities; (2) housing activities; (3) annexations; (4) planning applications; (5) building applications; (6) parks design; and (7) cable television. This was an information item and no action was required. TENTATIVE SUBDIVISION MAP S-15-89 - Westside Estates (S-l00-788) Council was advised that the Planning Commission has granted permission to subdivide 44.8 acres into 44 single-family lots and one large remainder lot, located south and east of Villa Drive and east of Placer Road, described as Tentative Subdivision Map S-15-89. A map of the area and a copy of the conditions of approval were submitted to Council. This was an information item. Planning and Community Development Director Perry indicated that the developers Bill Shehan and Robert Medley have filed an appeal and the public hearing regarding same will be set at the next Council meeting. RESOLUTION - Annexation 89-7, Old Alturas Road Area III (A-150-213) Planning and Community Development Director Perry reported that Annexation 89-7 has been reviewed by City Departments, the Board of Administrative Review has prepared an environmental determination, and the area has been prezoned by the Planning Commission. Mr. Perry stated that this is an uninhabited annexation, 58% of the total land value have signed a petition in favor of annexation, and 9% were opposed. It is the recommendation of staff that the commencement of annexation proceedings be approved. MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen, that Council make the following findings re Annexation 89-7: 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 May 10, 1989. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen, that Resolution No. 89-288 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commission to take proceedings for the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 89-7 (Old Alturas Road Area III). Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-288 is on file in the office of the City Clerk. 363 8/15/89 RESOLUTION - Annexation 89-9, Airstrip Road (A-150-215) Planning and Community Development Director Perry reported that Annexation 89-9 was reviewed by City Departments, the Board of Administrative Review prepared an environmental determination, and the area was prezoned by the Planning Commission. Mr. Perry stated that 66% of the total land value is in favor of annexation, and seven property owners are not in favor. He added that the opposition expressed concern about the preservation of Enterprise Skypark as a viable airport. Mr. Perry conveyed that three property owners in the area have indicated that their septic systems are failing and have requested that Council approve Annexation Agreements with Verna Mills and Roger Mills, Jr. which would allow them to connect to the City sewer system now and not wait until the annexation is final. It is the recommendation of staff that the commencement of annexation proceedings be approved. Council Member Johannessen asked if any kind of liability will be assumed if the Skypark is annexed to the City. City Attorney Hays explained that the City does not assume any liability because it does not own the Skypark. Enterprise Skypark is privately owned. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Council make the following findings re Annexation 89-9: 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 12, 1989. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-289 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commission to take proceedings for the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 89-9 (Airstrip Road Area). Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-289 is on file in the office of the City Clerk. RESOLUTION - Annexation Agreement with Verna Mills (A-150-215 & W-020-500) The following resolution was considered with Annexation 89-9, Airstrip Road. The purpose of the Agreement is to allow Verna Mills to connect to the City sewer system now rather than wait until the annexation is final. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-290 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between 364 8/15/89 the City of Redding and Verna Mills, and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-290 is on file in the office of the City Clerk. RESOLUTION - Annexation Agreement with Roger Mills, Jr. (A-150-215 & W-020-500) The following resolution was considered with Annexation 89-9, Airstrip Road. The purpose of the Agreement is to allow Roger Mills, Jr. to connect to the City sewer system now rather than wait until the annexation is final. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-291 be adopted, a resolution of the City Council of the City of Redding approving the Agreement between the City of Redding and Roger Mills, Jr., and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-291 is on file in the office of the City Clerk. RESOLUTION - Annexation No. 89-10, Clear Creek Road Area II (A-150-216) Planning and Community Development Director Perry reported that Annexation 89-10, Clear Creek Road Area II, was reviewed by City Departments, an environmental determination was prepared by the Board of Administrative Review, and the area was prezoned by the Planning Commission. The Planning Commission recommended the area be prezoned "U" Unclassified District, and the prezoning will be considered by Council on September 5, 1989. However, action on this annexation now will allow the request to proceed to the Local Agency Formation Commission. It is the recommendation of staff that the commencement of annexation proceedings be approved. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Council make the following findings re Annexation 89-10: 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 12, 1989. The Vote: Unanimous Ayes MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, that Resolution No. 89-292 be adopted, a resolution of the City Council of the City of Redding of application by the City of Redding requesting the Local Agency Formation Commission to take proceedings for the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 89-10 (Clear Creek Road Area II). 365 8/15/89 Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-292 is on file in the office of the City Clerk. ORDINANCE - Pertaining to Alcohol in the Central Business District (A-110-070) Police Chief Blankenship stated that for approximately 20 years, problems with the Friday and Saturday night cruise in the central business district have continued to escalate. Chief Blankenship noted that adults and juveniles gather on downtown streets and parking lots. Many of these persons openly consume alcoholic beverages, and problems directly related to alcohol consumption such as DUI, intoxication in public, fights, etc., require constant police control. Chief Blankenship explained that exceptions to the ordinance can be granted upon request to the City Council. A map delineating the restricted area was submitted to Council and was defined as the area bordered by Trinity Street, Court Street, East Street, and Sonoma Street extended. It is the recommendation of staff that an ordinance be enacted prohibiting the consumption and possession of alcohol on public property in the downtown business district. In response to Council Member Johannessen's question, Chief Blankenship stated that the owners of private parking lots can give the Police Department permission to enforce alcohol restriction on their property also. Council Member Fulton offered Ordinance No. 1904 for first reading, an ordinance of the City Council of the City of Redding amending Title 6, Business Taxes, Licenses, and Regulations, of the Redding Municipal Code by adding Sections 6.38.062 and 6.38.063 pertaining to alcohol in the Redding Downtown Mall. LAKE BOULEVARD/NORTHPOINT DRIVE SIGNALIZATION - Driveway Closure at 310 Lake Boulevard (L-010-150 & T-080-700) Public Works Director Galusha reported that the developers of Northpoint Plaza are required to construct a three-leg traffic signal at the intersection of Lake Boulevard and Northpoint Drive. Mr. Galusha indicated that during the review of the construction drawings, it was determined that two driveways entering into the intersection from the south were not under signal control. It is therefore recommended that the westerly driveway at 310 Lake Boulevard be closed to enhance public safety. Mr. Galusha noted that closure of the westerly driveway will not prohibit access to the property as the easterly driveway will remain. Transportation Coordinator Duryee stated that the building does not meet current parking requirements, is vacant, and for sale. Mr. Duryee indicated that Mr. Froslie, from Evergreen Engineering and representing FHK Development, and Mr. Munhollen, owner of property at 310 Lake Boulevard, were unable to reach an agreement regarding the driveway merge. Mr. Duryee indicated that FHK Development has subsequently taken back their offer to curb and gutter the front of the driveway at 310 Lake Boulevard. David Munhollen, owner of property located at 310 Lake Boulevard, stated that Mr. Froslie contacted the lessee of the building and asked him to sign an agreement regarding the driveway. Mr. Munhollen 366 8/15/89 indicated that Mr. Froslie did not contact him regarding the driveway access. Mr. Munhollen indicated that the lessee broke the rental lease when he was told the driveway would be closed. He explained that he contacted Mr. Froslie and asked that the area behind the building be paved in exchange for closing the driveway. In response to Council Member Johannessen's question, City Attorney Hays stated that the City will assume design liability for the signal. He added that the City has the authority to close the driveway pursuant to the Health and Safety Code for safety considerations. Mayor Carter noted that the value of the property has been raised substantially due to the development of Northpoint Plaza. MOTION: Made by Council Member Dahl, seconded by Council Member Buffum, to close the westerly driveway at 310 Lake Boulevard to enhance public safety. The Vote: Unanimous Ayes SACRAMENTO RIVER TRAIL PEDESTRIAN BRIDGE - Status Report (B-050-020 & P-050-460-700) Associate Civil Engineer Mathis recalled that the contract to construct the Sacramento River Trail bridge was awarded to Shasta Constructors, Inc. on May 2, 1989. Mr. Mathis reported that the contractor has excavated to sound rock at both abutments. The actual excavation quantities exceeded the estimate amount by 15%, representing $5,800 at contract prices, and the concrete quantities placed to date indicate that the final quantity should be within the contract estimate for that item of work when completed. Mr. Mathis conveyed that the contractor has constructed the molds to be used in producing the reinforced concrete bridge segments. A current construction schedule and photos of the progress were submitted to Council. This was an information item and no action was required. RESOLUTION OF PUBLIC CONVENIENCE AND NECESSITY - Calaboose Creek Channel Improvement Project * (C-070-010 & S-070-300-065) Public Works Director Galusha stated that the Public Works Department requires a drainage and temporary construction easement over a portion of property owned by George C. and Bonita J. Russell for the improvement of Calaboose Creek. An agreement with Mr. and Mrs. Russell has not been reached, and it is therefore, necessary to commence eminent domain proceedings. City Attorney Hays explained that staff is requesting an easement over the drainage channel already in use by Calaboose Creek. Mr. Hays noted that Mr. Russell has submitted a letter in his absence. Mr. Russell states that it is his wish to either have a top placed on the new channel, have a foot bridge constructed over the top of the channel, or grant a "right to enter and construct" only and thereby permitting him to bridge the channel. Mr. Hays stated that Mr. Russell is asking for a box culvert, and funds are not available for that extensive of a project. He indicated that staff might consider an encroachment permit, but the property owner on the south side of the channel may have something to say about that. MOTION: Made by Council Member Johannessen, seconded by Council Member Dahl, that Resolution No. 89-293 be adopted, a resolution of the City Council of the City of Redding finding that public convenience and necessity require the acquisition of an easement over a certain parcel of real property for public improvements, namely a 367 8/15/89 drainage and temporary construction easement for the Calaboose Creek Channel Improvement Project, the owners of which are George C. and Bonita J. Russell. Voting was as follows: Ayes: Council Members - Buffum, Dahl, Fulton, Johannessen, and Carter Noes: Council Members - None Absent: Council Members - None Resolution No. 89-293 is on file in the office of the City Clerk. REQUEST FOR CLOSED SESSION (C-090-100) Mayor Carter stated that pursuant to California Government Code Section 54956.9(b), Council will adjourn to closed session to discuss potential litigation. At the hour of 10:18 p.m., Mayor Carter declared the meeting adjourned to closed session. At the hour of 10:35 p.m., Mayor Carter declared the meeting reconvened to regular session. DISPUTED UTILITY ACCOUNT - Natalie Calvert - Utility Account 17-2180.7 (U-500-400) City Attorney Hays outlined the policies of the Customer Service Department pertaining to the collection of debts incurred for utility services. Mr. Hays explained that any or all of the tenants residing at a location are responsible for a debt. He explained that Natalie Calvert, Ronald Weigart, and Kathy Hardy-Housman resided at 2742 Corona Street from mid-November, 1988, to March 23, 1989, when utility service was terminated for non-payment of account. The amount of $187.21 was incurred for utility services from the period of 1-10-89 to 3-23-89. One payment in the amount of $29.44 was received, leaving an outstanding balance of $157.77, which was transferred to Natalie Calvert's current utility account. Mr. Hays indicated that all attempts to contact Ronald Weigart and Kathy Hardy-Housman have failed. Robert Brisman, attorney from Legal Services of Northern California representing Natalie Calvert, stated that he is not attempting to change policy, but is disputing the billing procedure. Mr. Brisman explained that Ms. Calvert resided at 2472 Corona Street temporarily and had an agreement with Mr. Weigart and Ms. Hardy-Housman to pay rent and a portion of the utility bill. He added that Ms. Calvert moved from the Corona Street residence to 2958 Leland and established utility service. Mr. Brisman said there is no statute that would impose legal responsibility on Ms. Calvert, nor is there any regulation or contractual obligation. He asked that Council accept Ms. Calvert's appeal and terminate the payment of $157.77. Assistant City Attorney Schouten reviewed the history of the billing record. He explained that Mr. Dennis Walker was the named customer from October 9, 1988, through January 5, 1989. The account at that address was turned off on January 5, 1989, because of lack of payment, and then on January 10, 1989, the account was reopened under the name of Ronald Weigart. Mr. Schouten stated that Ms. Calvert moved into the residence in mid-November and lived there through March 1989. He said it was staff's understanding that the people were living there pursuant to an unwritten rental agreement. He reiterated that Ms. Calvert lived in the residence during the period when the utility bill was incurred, which was January 10, 1989, through March 10, 1989. 368 8/15/89 Council Member Johannessen noted that Mr. Brisman stated that an agreement was made between the three parties to pay a portion of the rent and utilities; thus, Ms. Calvert obviously lived there. Mayor Carter asked if Ms. Calvert could have a claim against Ms. Hardy-Housman and Mr. Weigart. He noted that Calvert, Hardy-Houseman and Weigart are all technically liable. Mr. Brisman said he supposed that Ms. Calvert could have a claim against them. MOTION: Made by Council Member Dahl, seconded by Council Member Johannessen, to deny the appeal of disputed Utility Account 17-2180.7, by Ms. Natalie Calvert. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Letter of appreciation from Karen Holdredge re landscaping requirements in City of Redding (A-050-220-075) Alcoholic Beverage License Applications (A-110-140) Thrifty Drug Store No. 805 (Thrifty Corporation) 1291 Hilltop Drive Thrifty Drug Store No. 798 (Thrifty Corporation) 1181 Cypress Avenue Time to Stop (Jane L. Thomas and Larry R. Thomas) 5425 Mountain View Drive Bonnyview Market (Thomas E. & Beverly M. Flynn) 5110 Bonnyview Road ADJOURNMENT There being no further business, at the hour of 10:48 p.m., Mayor Carter adjourned the meeting to 12:30 p.m., August 16, 1989, at De Mercurio's, 1647 Hartnell Avenue, to meet with Senator Jim Nielsen to update Council on activities in Sacramento. APPROVED: __________________________________ Mayor ATTEST: ___________________________________ City Clerk