HomeMy WebLinkAboutMinutes - City Council - 1996-12-03 298
City Council, Special Meeting
City Council Chambers
1313 California Street
Redding, California
December 3, 1996 6:00 p.m.
The meeting was called to order by Mayor McGeorge with the following Council Members present:
P. Anderson, R. Anderson, Kehoe, Murray and McGeorge.
Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate,
Public Works Director Galusha, Director of Administrative Services Starman, Human Resources
Manager Bachman, Battalion Chief Del Carlo, Transportation Coordinator Duryee, Assistant City
Clerk Moscatello, City Clerk Strohmayer, and Secretary to the City Council Rudolph.
REQUEST TO INSTALL TRAFFIC SIGNAL ON LAKE BOULEVARD AND TAMARACK
DRIVE
(T-080-300)
Public Works Director Galusha provided an overview of the Report to City Council dated November
26, 1996, incorporated herein by reference, concerning the request by parent groups, students, and
school administrators from Buckeye Middle School to install a traffic signal at Lake Boulevard and
Tamarack Drive. The Report to City Council also included the following: (1) responses to questions
raised by the City Council and the Buckeye School report presented at the November 19, 1996, City
Council meeting; (2)a summary of the traffic engineering analysis of the individual intersections along
the Lake Boulevard corridor from St. Marks Street to Hiatt Drive; and (3) possible options and costs
for the signalization of the Lake Boulevard/Tamarack Drive intersection.
Mr. Galusha noted that the Gateway School District Board has agreed to provide $75,000 payable
over five years, toward signal improvements at Lake Boulevard and Tamarack Drive and Lake
Boulevard and Hiatt Drive. Under the funding agreement, the school district would provide $15,000
when the Lake Boulevard/Tamarack Drive signal project is awarded. In return, the City would
relocate the crosswalk, install traffic signals at Lake Boulevard and Tamarack Drive, and install
flasher warning lights over the crosswalk at Hiatt Drive and Lake Boulevard as soon as possible. The
traffic signal at Tamarack Drive is estimated to cost $120,000 and the flasher signals at Hiatt Drive
are estimated to cost $10,000, for a total of$130,000. In addition, the Police Department would
increase traffic enforcement activity, as manpower allows, on Lake Boulevard in the area of both
schools. The City would also agree to fund and construct the signal at Lake Boulevard/Hiatt Drive
by September 1998. The cost of this signal is estimated at $120,000. The school district is
recommending that the City fund this signal from the incremental taxes generated from the proposed
Buckeye Redevelopment Area or other grant funds. Mr. Galusha explained that if the redevelopment
area is not formed, the City would be obligated to fund the $120,000 to construct the Lake
Boulevard/Hiatt Drive signal in fiscal year 1998-99.
Mr. Galusha pointed out that the most viable funding option to construct the Lake
Boulevard/Tamarack Drive signal project during this fiscal year would be a loan from the City's
General Fund($60,000), Construction Capital Tax funds ($55,000), and school district contributions
($15,000). He explained that the General Fund would be repaid by the future $15,000 annual
payments that the City would receive from the Gateway School District over the next four years.
It is the recommendation of staff that the City Council direct staff to proceed with the installation of
a traffic/pedestrian actuated traffic signal at the Lake Boulevard/Tamarack Drive intersection and
additional flashing warning lights at Lake Boulevard and Hiatt Drive.
City Manager Warren concurred with the Public Works Department's recommendation. He
applauded the efforts of both City staff and the school district's representatives for developing a plan
to finance the installation of these traffic lights. While the City's goal is to fast track the installation
of these lights, he noted that the City is obligated to follow certain legal requirements when bidding
the project. He noted that the Police Department will continue to be very visible at the intersection
of Lake Boulevard and Tamarack Drive. He explained that in the past 11 months, 482 citations have
been written on Lake Boulevard, 96 within a three-block radius of the school. He recommended that
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the school district work with the Police Department on an education program to educate parents,
children, and neighbors on safe driving and speed limits. He suggested that, with the school district's
concurrence, the$1,572.00 given to the City Council at its previous meeting for construction of the
traffic signal be given back to the school to be utilized for the construction of a memorial for Tamara
Wade, the young girl recently killed at this intersection. He summarized by expressing his pleasure
with the partnership which has been formed between the City and the school district and his desire
to build on this relationship.
Council Member Murray opined that the school district has made this the City's problem instead of
the school district's problem. He noted that Gateway Unified School District is only one of eight
school districts located in the City and other districts have funded signals to protect their children.
He believed that the proposed agreement with the school district will set a precedent for other school
districts to receive similar funding. He objected to the school board passing a motion which states
it only wants to be partners with the City if the City agrees to do things its way. He believed that the
liability rests with the school board to solve its problems, not the City. He further stated that he was
not prepared to make a judgement whether a signal at Lake Boulevard and Hiatt Drive is more
justified by September 1998 than a signal elsewhere in the City. He stressed that he is in favor of
solving the problem and reaching out and participating in a solution to protect the children. He,
however, favored the City paying 100 percent for the signal, rather than caving in to the school
district's demands.
In response to Mayor McGeorge, Mr. Galusha clarified that the City Council's acceptance of
Alternative No. 1, as noted in the staff report, would require the City to formalize the agreement with
the school district for the $75,000 contribution and obligate the City to construct a signal at Lake
Boulevard and Hiatt Drive in 1998.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, to accept
Alternative No. 1 as depicted in the report to City Council dated November 26, 1996: Direct staff
to proceed with the installation of a traffic/pedestrian actuated traffic signal at the Lake
Boulevard/Tamarack Drive intersection and additional flashing warning lights at Lake Boulevard and
Hiatt Drive, finalize the funding agreement with the Gateway Unified School District, and return the
$1,572 presented to the City at its November 19, 1996, meeting back to the school district to be used
as a memorial for Tamara Wade.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, and Kehoe
Noes: Council Members - Murray and McGeorge
Absent: Council Members -None
Ken Matias, Superintendent of Gateway Unified School District, expressed appreciation to the City
Council for supporting staff's recommendation this evening. With regard to the school district
requesting the installation of a second signal, he stated that the board increased its contribution from
$60,000 to $75,000 with the condition that the signal at Lake Boulevard and Hiatt Drive be installed.
He stated that the school district is concerned about the safety of the younger children having to cross
these streets. He acknowledged the City Council's attentiveness, concern, and the fact that it took
the opportunity to meet the needs of the children in this area.
James Taylor, Shasta County Department of Social Services, stated that he lived in this area, but
moved because of the concern for their children's safety. He indicated that he made numerous calls
to try to resolve the situation, but it took a death for the school district and the City to come together
and acknowledge there was a problem. He stated that flashing lights are not enough, traffic signals
are needed immediately.
In response to Council Member P. Anderson,Mr. Galusha stated that the Public Works Department,
in cooperation with the Police Department, would look into possibly increasing traffic fines in school
zones.
Council Member Murray supported the City renting portable signals for use between now and when
the signal is completed. Mr. Galusha replied that he would pursue the possibility of using portable
signals.
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Roy Redden, Principal of Buckeye Middle School, expressed his appreciation to the City Council for
its support this evening. He also acknowledged the cooperativeness the Police Department has
shown and its willingness to patrol the area. He concurred with Mr. Warren that the signal will not
guarantee the children's safety and an educational program is very important. He committed to
working with the children in this area. Relative to the funds raised by the children and given to the
City Council at its previous meeting, he believed the children could develop a suitable way of
memorializing Tamara Wade.
ADJOURNMENT
There being no further business, at the hour of 6:40 p.m., Mayor McGeorge declared the meeting
adjourned.
APPROVED:
ayor / F'
ATTEST:
„24/
City Clerk 781
•
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City Council, Regular Meeting
City Council Chambers
1313 California Street
Redding, California
December 3, 1996 7:00 p.m.
The Pledge of Allegiance to the flag was led by Vi Klaseen.
The invocation was offered by Pastor Bryan Blank, Little Country Church.
The meeting was called to order by Mayor McGeorge with the following Council Members present:
P. Anderson, R. Anderson, Kehoe, Murray and McGeorge.
Also present were City Manager Warren, Assistant City Manager Perry, City Attorney Wingate,
Director of Public Works Galusha, Development Services Director Swanson, Deputy City Manager
Starman, Principal Planner Keaney, Human Resources Manager Bachman, Assistant Planner Thesken,
Transportation Coordinator Duryee, Assistant City Clerk Moscatello, City Clerk Strohmayer, and
Secretary to the City Council Rudolph.
PRESENTATION OF PLAQUES - Community Development Advisory Committee
(B-080-600-100)
Mayor McGeorge and Vice Mayor P. Anderson presented appreciation plaques to Suzanne
Blackburn, Patti Bosetti, Bill Cox, Linda Heiser, and Brian Humble for their service on the
Community Development Advisory Committee.
No action was required.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Approval of Payroll and Accounts Payable Register
(A-050-100-500)
It is recommended that Accounts Payable Register 10, for the period November 19, 1996, through
December 2, 1996, check numbers 241782 through 242305 inclusive, in the amount of
$4,209,658.69, and Payroll Register 10, check numbers 428747 through 429338 inclusive, and
electronic deposit transaction numbers 33435 through 33752, totaling $1,278,845.97, for the period
November 3, 1996, through November 16, 1996, be approved.
TOTAL: $5,488,504.66
Treasurer's Report - October 1996
(A-050-100-600)
Total Treasurer's Accountability - $ 89,138,755.83
Total City of Redding Funds, Funds Held in Trust
and Funds of Related Entitles - $215,772,582.88
ACR133 Report and Cash Reconciliation
(F-205-095-650)
It is the recommendation of the Deputy City Manager that the ACR133 Report and Cash
Reconciliation for October 31, 1996, be adopted.
Civic Center Financing Update
(C-050-025)
It is the recommendation of the City Manager that the City Council accept the update regarding Civic
Center financing dated November 21, 1996, incorporated herein by reference.
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Property Status Report
(C-070)
It is the recommendation of the Assistant City Manager that the City Council accept the Property
Status Report as of November 1996 covering surplus City property leases of City land, offers to sell
land to the City, and City initiated purchases of land.
Airport Insurance Policy
(R-100-375-100 & A-090)
It is the recommendation of the Deputy City Manager that the City Council approve the 1997 airport
liability insurance to be underwritten by Phoenix Aviation Managers, with limits of$50,000,000, at
a cost of$43,992.75.
Resolution - Upgrade of Existing Electronic Meter Reading Equipment
(U-500-425)
It is the recommendation of the Deputy City Manager that Resolution No. 96-211 be adopted, a
resolution of the City Council of the City of Redding authorizing the upgrade of the existing
electronic meter reading system to Itron's Premier Plus System, in an amount not to exceed $64,000.
Funds for this purchase are included in the 1996-97 budget.
Agreement - Knauf Fiber Glass GmbH
(E-050)
It is the recommendation of the Deputy City Manager that the City Council authorize the Mayor to
sign the contract with Knauf Fiber Glass GmbH for the manufacture, purchase, and sale of
beneficiated cullet.
Award of Bid Schedule No, 3046 -Electric Utility Trench and Excavation
(B-050-100)
It is the recommendation of the Assistant City Manager that the City Council award Bid Schedule No.
3046, Electric Utility trench and excavation, for the period January 1, 1997, to December 31, 1997,
to California Property Marketing(CPM) in the evaluated amount of$96,964.00. Funds for this work
are included in the 1996-97 budget.
Renewal of Contract - re City's Employee Vision Insurance
(P-100-150-160)
• It is the recommendation of the Human Resources Manager that the City Council approve the
extension of the contract with Vision Service Plan an additional two years, through December 31,
1998, for the administration of the City's employee vision insurance, at a cost of$1.65 per month per
employee.
Report - re Commissions, Boards, & Committees
(B-080)
It is the recommendation of the City Clerk that the City Council accept the Report to City Council
dated November 21, 1996, incorporated herein by reference, containing a list of appointments of all
ongoing boards, commissions, and committees appointed by the City Council in accordance with
California Government Code Section 54972.
Resolution - Summarily Vacating a Public Utility Easement on Del Monte Street
(A-010-040)
It is the recommendation of the Public Works Director that Resolution No. 96-212 be adopted, a
resolution of the City Council of the City of Redding summarily vacating the easement granted by B.
C. Foster to Pacific Gas and Electric and Pacific Telephone and Telegraph Company on May 10,
1974 - subsequently assigned to the City of Redding - and recorded as Document #39221 on
November 14, 1979, in Book 1679 at Page 368, Shasta County Records, and located on Del Monte
Street.
Resolution - Summarily Vacating a Waterline Easement at 5051 Caterpillar Road
(A-010-040)
It is the recommendation of the Public Works Director that Resolution No. 96-213 be adopted, a
resolution of the City Council of the City of Redding summarily vacating a 10.00 foot wide waterline
easement located at 5051 Caterpillar Road.
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Resolution - Accepting Right-of-Way on State Route 273 at Trinity Street from Caltrans
(C-070-010)
• It is the recommendation of the Public Works Director that Resolution No. 96-214 be adopted, a
resolution of the City Council of the City of Redding accepting from Caltrans certain highway right-
of-way on State Route 273 at the intersection of Trinity Street; State Reference 02-SHA-273, 16.9,
Relinquishment No. 10089.
Resolution Accepting Streets and Acceptance of Improvements - Fairway Estates Units 1 (S-14-90)
* (S-070-230 & S-100-237-300)
It is the recommendation of the Public Works Director that Resolution No. 96-215 be adopted, a
resolution of the City Council of the City of Redding accepting for maintenance and operation
Spanish Bay Drive, Poppy Hills Drive, Hilton Head Court, and LaQuinta Court in Unit 1 of the
Fairway Estates Subdivision.
It is also recommended that the improvements in Fairway Estates, Unit 1, be accepted as satisfactorily
completed, the City Clerk instructed to return the subdivision agreement securities to the developer,
Cascade Homes, LLC, and retain securities for individual items of work, and the Finance Division
authorized to pay the developer $31,603.50 for the cost of oversizing the water main.
Notice of Completion - Bid Schedule No. 3010, Parkview Neighborhood Project
(B-050-020)
It is the recommendation of the Public Works Director that Bid Schedule No. 3010 (Job No. 8650-
35), Parkview Neighborhood Project, awarded to N & T Digmore, be accepted as satisfactorily
completed and the City Clerk authorized to file a Notice of Completion. The final contract price is
$101,186.81.
MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, that
all the foregoing items on the Consent Calendar be approved and adopted as recommended.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, Kehoe, Murray and McGeorge
Noes: Council Members - None
Absent: Council Members -None
Resolution Nos. 96-211, 96-212, 96-213, 96-214, and 96-215 are on file in the office of the City
Clerk.
PUBLIC HEARING-Rezoning Application RZ-8-96, by Bill Rhyne and the City of Redding.(South
of Meadow View Drive and west of Lockheed Drive)
(L-010-230)
The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding
Rezoning Application RZ-8-96.
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 November 18, 1996
City Clerk Strohmayer advised that no protests were received.
Development Services Director Swanson provided an overview of the Report to City Council dated
November 18, 1996, incorporated herein by reference, concerning the request to rezone property
located south of Meadow View Drive and west of Airport Road from "U" Unclassified District and
"PI-B50-F-FP"Planned Industrial District with Site Plan Review and Floodplain Combining Districts
to "C2-F" Central Commercial District with Site Plan Combining District, "C2-F-FP" Central
Commercial District with Site Plan Review and Floodplain Combining Districts, "PI-B50-F" Planned
Industrial District with Site Plan Review Combining District, and"OS" Open Space District.
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It is the recommendation of both staff and the Planning Commission that the City Council approve
the rezoning as recommended above, approve the Negative Declaration, offer the ordinance for first
reading, and waive the full reading of said ordinance.
In response to Council Member Murray, Principal Planner Keaney explained that at the time the new
open space zoning classification was adopted, it was stipulated that the zoning would only be applied
to properties where open space had been dedicated to the City.
Mayor McGeorge determined there was no one present wishing to speak on the matter and closed
the public hearing.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that the
City Council approve the rezoning as recommended and make the following findings regarding RZ-8-
96:
1. 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 approve
the Negative Declaration authorized by the Development Services Department. The Vote:
Unanimous Ayes
Council Member R. Anderson offered Ordinance No. 2165 for first reading, an ordinance of the City
Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating
to the rezoning of certain real property in the City of Redding to "C2-F" Central Commercial District
with Site Plan Combining District, "C2-F-FP" Central Commercial District with Site Plan Review and
Floodplain Combining Districts, "PI-B50-F" Planned Industrial District with Site Plan Review
Combining District, and"OS" Open Space District (RZ-8-96).
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that the
full reading of Ordinance No. 2165 be waived and the City Attorney be instructed to read the full
title. The Vote: Unanimous Ayes
PUBLIC HEARING - re Rezoning Application RZ-9-96, by Don Lynn (Abandoned Enterprise
Skypark, north of Highway 44, and east of Shasta View Drive)
(L-010-230)
The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding
Rezoning Application RZ-9-96.
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 November 18, 1996
City Clerk Strohmayer advised that no protests were received.
Development Services Director Swanson highlighted the Report to City Council dated November 18,
1996, incorporated herein by reference, regarding the Planning Commission's October 8, 1996,
recommendation to rezone properties located on the abandoned Enterprise Skypark from "U"
Unclassified District to "R-2" Duplex Residential District.
It is the recommendation of both the Planning Commission and staff that the City Council approve
the rezoning as recommended, approve the Negative Declaration, offer the necessary ordinance for
first reading, and waive the full reading of said ordinance.
Ron Hofer stated that he attended two Planning Commission meetings on this matter. He indicated
that the first meeting, those individuals in opposition to the request were told there was nothing that
could be done because the tentative subdivision map had already been approved. He related that he
submitted a petition with over 40 signatures opposing the request, however, the Report to City
Council makes it appear as if only three individuals opposed the request. He could not understand
why the petition was not included as part of the information provided to the City Council. He opined
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that the Planning Commission is taking advantage of a lower-cost housing area by allowing duplex
units. He requested that the north section of the area be zoned "R-1" single-family residential. He
noted that when he made this same request at the last Planning Commission meeting, he was informed
that it was not possible, as it would open the door for a lawsuit. He expressed his displeasure with
the entire process utilized with this rezoning request.
Mayor McGeorge determined there was no one else present wishing to speak on this matter and
closed the public hearing.
Council Member Murray concurred with Mr. Hofer that when a report is presented to the City
Council it should contain a complete history of the request being considered.
MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the
City Council approve the rezoning as recommended and make the following findings regarding RZ-9-
96:
1. 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 approve
the Negative Declaration authorized by the Development Services Department. The Vote:
Unanimous Ayes
Council Member Murray offered Ordinance No. 2166 for first reading, an ordinance of the City
Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating
to the rezoning of certain real property in the City of Redding to "R-2" Duplex Residential District
(RZ-9-96).
MOTION: Made by Council Member Murray, seconded by Council Member R. Anderson, that the
full reading of Ordinance No. 2166 be waived and the City Attorney be instructed to read the full
111 title. The Vote: Unanimous Ayes
PUBLIC HEARING- Proposed Suspension of the Electric Utility Winter Rate Schedule
(E-090-100)
The hour of 7:00 p.m. having arrived, Mayor McGeorge opened the public hearing regarding the
proposed suspension of the Electric Utility winter rate schedule.
The following documents are on file in the office of the City Clerk:
Affidavit of Publication - Notice of Public Hearing
Staff recommendation dated November 26, 1996
City Clerk Strohmayer advised that no protests were received.
Assistant City Manager Perry provided an overview of the Report to the City Council dated
November 26, 1996, incorporated herein by reference, regarding the proposal to suspend the Electric
Utility's winter rate schedule. He explained that if suspended, it would be the equivalent of a 4.5
percent rate increase when spread over an entire year. For the six winter months, it represents a 10
percent increase.
Mr. Perry stated that the reason to suspend the winter rate schedule is to begin the process of getting
the Electric Utility in shape to retire its long-term debt. To that end, it is proposed that none of the
revenue from this suspension be used for operation, personnel costs, or new capital expenditures.
It is recommended that all proceeds be placed in a debt reduction fund to be solely used to reduce
debt. In short, the Electric Utility must reduce its debt over the next several years in order to be able
to reduce its electric rates in the future.
It is the recommendation of staff that the City Council adopt the necessary resolution suspending the
winter rate schedule and directing that all proceeds, approximately $2,588,000, from the increase be
placed in a debt reduction fund.
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Charles Johnson stated that the suspension of the winter rate schedule results in a 5 percent rate
increase. He also acknowledged the possibility of an additional 38 percent increase. He indicated
that the Electric Utility's bonds were bought on a long-term basis and questioned why they could not
be paid according to the original repayment schedule. He explained that many residents are living on
fixed incomes and cannot keep up with the rate increases.
Mayor McGeorge determined that there was no one else present wishing to speak and closed the
public hearing.
Council Member P. Anderson stated that the City Council is sympathetic to the points raised by Mr.
Johnson, but the problems being encountered have been created by the state and federal governments.
She explained that if the decision had not been made to deregulate the electric industry, the City
would not be facing these types of decisions.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Kehoe, that
Resolution No. 96-216 be adopted, a resolution of the City Council of the City of Redding
suspending the Electric Utility Winter Rate Schedule indefinitely, effective with the January 1997
billing cycle, with the proceeds of the resultant rate increase for the January through April 1997
billing cycles, and during the winter billing cycles of November through April in the years 1997-98
and following, to be deposited into the Debt Reduction Fund pursuant to City Council Policy 1405.
Voting was as follows:
Ayes: Council Members -P. Anderson, R. Anderson, Kehoe, Murray, and McGeorge
Noes: Council Members -None
Absent: Council Members-None
Resolution No. 96-216 is on file in the office of the City Clerk.
APPOINTMENTS AND REAPPOINTMENT-Community Development Advisory Committee and
Tourism and Convention Commission
* (B-080-600-100 & B-080-540)
MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to appoint
Kathy Ann Anderson and Kimberley Myers to serve four-year terms expiring December 1, 2000 on
the Community Development Advisory Committee and reappoint J. Warren Lane to serve a second
four-year term expiring January 1, 2001, on the Tourism and Convention Commission, with
notification to these commissioners that all commissions will be reviewed for possible sunsetting. The
Vote: Unanimous Ayes
SECOND REGULAR CITY COUNCIL MEETING IN DECEMBER
(A-050-060)
Mayor McGeorge stated that the second regular City Council meeting in December is scheduled for
December 17, 1996, immediately preceding the holidays. He indicated that it may be desirable to
cancel the meeting or schedule it at another time for any items needing to be considered prior to
January 1997.
It was the consensus of the City Council to cancel the City Council meeting scheduled for December
17, 1996, and call a special City Council meeting for December 12, 1996, at 5:15 p.m.
ADDITIONAL FUNDING FOR ECONOMIC DEVELOPMENT CORPORATION
(B-130-030-045)
City Manager Warren provided an overview of the Report to City Council dated November 26, 1996,
incorporated herein by reference, concerning the Economic Development Corporation's (EDC)
request for additional funding. Mr. Warren explained that the EDC embarked upon a study it calls
Shasta 2001, which looked at what was being done or what more needed to be done to attract
business and industries to Shasta County. He stated that the results of this study are included in the
EDC's Investment Strategies, Programs, and Budget 1997-2001 and lists four strategic initiatives
which will begin the implementation of the Shasta County EDC's plan. He related that in order to
implement these strategies, the EDC needs an additional $300,000 per year over the next five years.
He indicated that the plan includes more involvement with target companies, media relations for
outreach to business journals, and money toward enhancement of programs for special projects such
as a Buildings and Lands Program.
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Mr. Warren indicated that the EDC plans on involving the private sector more in the EDC's funding.
He stated that currently the cities and the County are the EDC's primary funding sources. He noted
that the City of Redding currently contributes $126,000 per year, and the EDC's request would
require the City to contribute an additional $20,000 per year.
Mr. Warren explained that he was concerned about two specific areas which needed to be addressed
before he could provide a recommendation: 1)whether the private sector would really step up to the
plate and become financially involved. He stated that to date, the EDC has raised over $220,000
from the private sector toward its$300,000 annual goal for 1997; and 2) a quantitative measurement
indicating EDC's success or progress in Shasta County. He indicated that some of the milestones
which can be expected include: 100 direct jobs per year for the next five years; 284 secondary jobs
per year, etc.
Mr. Warren recommended that given recent contracts and the groundwork the EDC has made over
the last two and one-half years, the City Council provide additional funding on a pro rata basis, or
$10,000 for the balance of this fiscal year.
Mayor McGeorge acknowledged that City departments are being requested to curtail equipment and
personnel needs until after the February 4, 1997, election. He suggested that this matter also be
deferred until the results of the election are known.
Council Member Murray voiced his pleasure with the fact that private business has stepped forward
and is assisting with the EDC's financial needs and the results which have recently been seen because
of the EDC's efforts. He stated that he was not insensitive to the Proposition 62 issue, however, he
did not understand why the$126,000 provided annually to the EDC was solely General Fund monies,
as industries also provide revenue to the Enterprise Funds.
Mr. Warren clarified that the General Fund makes the payment, however, the Enterprise Funds, to
a certain degree, reimburse a portion of this money.
Dave Scott, Chairman of the EDC's Board of Directors, stated that the EDC is striving to obtain
matching funds from the private sector. He related that to date, the EDC has raised an additional
$225,000 in private sector contributions. He stated that the EDC is hoping to obtain a renewed
commitment from the cities and County to continue their funding commitments to the EDC with the
knowledge that the private sector is matching or exceeding these funds. He explained that the request
for additional funds from the City of Redding is based on the fact that there has been some provision
in the budget for a position which has not been filled and the anticipated benefits associated with the
Knauf contract. He asked that the City Council approve the EDC's request for additional funding
contingent upon Measure A passing on February 4, 1997.
Council Member Kehoe posed the following questions: 1) How much private sector money has the
EDC received the past two and one-half years; 2) What is the City's contribution used for, i.e.,
salaries, etc; and 3) Can the performance measurements be tied to some type of sales tax increase?
He asked what the City Manager envisioned the responsibilities to be for the Economic
Development/Asset Manager position.
Mr. Warren noted that the Economic Development/Asset Manager has not been hired due to the
uncertainty surrounding Proposition 62, however, money is currently budgeted for this position.
Council Member Kehoe questioned whether the decision had already been made to maintain the
current funding level of$126,000 to the EDC in the upcoming fiscal year.
Mr. Warren recommended that the EDC's funding be reevaluated at the end of June.
Council Member Kehoe recommended discussing future support to the EDC within the next two to
three months.
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MOTION: Made by Council Member R. Anderson, seconded by Council Member P. Anderson, to
defer action on the Economic Development Corporation's request for additional funding until after
the February 4, 1997, election and direct staff to prepare a report for the City Council's consideration
in March regarding the City's future funding of the Economic Development Corporation. The Vote:
Unanimous Ayes
ELECTRIC UTILITY MONTHLY FINANCIAL REPORT - October 1996
(B-130-070)
Deputy City Manager Starman provided an overview of Report to City Council dated November 21,
1996, incorporated herein by reference, regarding the Electric Utility's Monthly Financial Report for
October 1996.
It was the consensus of the City Council for staff to proceed in developing information relative to the
Electric Utility rate increase projections as proposed.
MOTION: Made by Council Member P. Anderson, seconded by Council Member R. Anderson, to
accept the Electric Utility's Monthly Financial Report for October 1996 as presented. The Vote:
Unanimous Ayes
GENERAL FUND MONTHLY FINANCIAL REPORT - October 1996
(B-130-070)
Deputy City Manager Starman highlighted the Report to City Council dated November 21, 1996,
incorporated herein by reference, regarding the General Fund's Monthly Financial Report for October
1996. He stated that total revenue to date($9.5 million)is slightly above(1.8 percent) staff's original
cash flow estimate. Expenditures to date (excluding encumbrances) total $10,993,334, or $854,585
(7.3 percent) below staff's original cash flow projection.
MOTION: Made by Council Member P. Anderson, seconded by Council Member Murray, to accept
the General Fund's Monthly Financial Report for October 1996. The Vote: Unanimous Ayes
RESOLUTION-Intention to Begin Abatement Proceedings at 483 North Market Street, owned by
Servillano M. Castillejos
(A-030-070)
Development Services Director Swanson stated that staff has inspected the property at 483 North
Market Street inside and out and found numerous substandard conditions. He explained that the
owner has been contacted and advised of the substandard conditions. To date, however, he has taken
no action toward making the necessary repairs.
It is the recommendation of staff that the City Council adopt the necessary resolution of intention to
begin abatement proceedings at 483 North Market Street.
Council Member Murray stated that it appears as if the City is singling out Mr. Castillejos. He
recommended that the City inspect all the motels along this street, as he believed there were other
substandard properties.
City Manager Warren assured the City Council that Mr. Castillejos was not being singled out, and
acknowledged that this is not the only property owner who has property in need of repair. He stated
that staff will attempt to group areas together as part of its enforcement procedures.
MOTION: Made by Council Member R. Anderson, seconded by Council Member Murray, that
Resolution No. 96-217 be adopted, a resolution of intention by the City Council of the City of
Redding to begin abatement proceedings on the real property at 483 North Market Street, owned by
Servillano Castillejos.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, Kehoe, Murray, and McGeorge
Noes: Council Members -None
Absent: Council Members -None
Resolution No. 96-217 is on file in the office of the City Clerk.
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RESOLUTION - City Council Policies re Debt Reduction Fund and Power Cost Adjustment
(A-050-060-555 & E-090-100)
Assistant City Manager Perry provided an overview of the Report to City Council dated November
26, 1996, incorporated herein by reference, regarding the adoption of two City Council policies: 1)
Debt Reduction Fund-Fund to deposit revenue and savings from a variety of strategies that will be
used for debt reduction until such time as the City Council determines that the fund is no longer
needed; and 2) Power Cost Adjustment - 100 percent of Revenue Adjustment Clause refunds from
the Western Area Power Administration are placed in the fund to offset any revenue shortfalls from
the cancellation of the contract by Western, thereby reducing as much as possible any pressure from
the cancellation of the contract to increase electric rates.
It is the recommendation of staff that the City Council approve the necessary resolution adopting the
two aforementioned policies.
MOTION: Made by Council Member Kehoe, seconded by Council Member P. Anderson, that
Resolution No. 96-218 be adopted, a resolution of the City Council of the City of Redding adopting
City Council Policies Nos. 1405, Debt Reduction Fund, and City Council Policy 1406, Modification
of the Existing Power Cost Adjustment.
Voting was as follows:
Ayes: Council Members - P. Anderson, R. Anderson, Kehoe, Murray, and McGeorge
Noes: Council Members -None
Absent: Council Members -None
Resolution No. 96-218 is on file in the office of the City Clerk.
RESOLUTION - Public Interest and Necessity to Acquire Right-of-Way for Dana Drive Road
Widening Project , 1720 Dana Drive, Salas Property
(C-070-010 & S-070-100)
Mayor McGeorge abstained from discussion and voting on this item.
City Attorney Wingate stated the resolutions of public interest and necessity with regard to the Salas
and Gyves(the following item on the agenda)property arise out of a use permit granted to Wal-Mart
Stores, Inc., whereby one of the conditions was to widen Dana Drive to Victor Avenue. He recalled
that in April, the City Council took action to authorize and exercise its power of eminent domain to
acquire those parcels which could not be acquired through negotiations. He stated that Wal-Mart
Stores, Inc. has retained Bob Martin to negotiate the acquisition of the necessary right-of-way. He
indicated that there are two parcels located on the north side of Dana Drive where Mr. Martin was
unable to reach an agreement with the property owners regarding the acquisition price and the nature
of the project. He explained that the property acquisition is being funded by Wal-Mart Stores, Inc.,
which has retained Susan Hines as its legal counsel. He noted, however, that most of the costs will
be offset against the City's Dana Drive Road Improvement Fund, so staff is closely monitoring the
situation to keep costs as low as possible.
Susan Hines, 1648 Riverside Drive, reiterated that she has been retained by Wal-Mart Stores, Inc.
to assist with the acquisition of certain property for the Dana Drive Road Widening Project. She
stated that she and members of her team were present to provide information and facts necessary to
make the findings listed in the Report to City Council dated November 21, 1996, incorporated herein
by reference, and paragraph four of the resolution of necessity. She stated that the resolution of
necessity is more or less the end of a long journey which this case has gone through, which will be
described by Robert Karn of Robert Karn& Associates, Wal-Mart Stores, Inc.'s Project Manager.
She indicated that Robert Martin is also available and he was involved in the offer process with the
property owners. She explained that once the resolution of necessity is adopted by the City Council,
she will begin the process of obtaining for the property owners a determination of just compensation.
She stressed that the City Council is only being requested to adopt the following findings: 1) the
project is necessary; 2) the project is designed with the greatest public good and the least private
injury; and 3) the property is necessary for this project.
•
•
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Council Member Murray stated that he is currently doing work for Wal-Mart Stores, Inc. regarding
an assessment appeals issue on the warehouse facility in Red Bluff. He stressed that the matter he
is involved with has nothing to do with this issue and, based on the City Attorney's advice, he would
not be abstaining on this issue.
Mr. Wingate clarified that one of the primary requirements of the Political Reform Act is for an
individual to disqualify him or herself if the action being taken involves a conflict which could arise.
He cited one example as being the possibility that an individual would acquire a benefit from the
particular action being taken. He further stated that there is also a frequent action taken on the part
of City Council Members to disqualify themselves when there is an appearance of a conflict. He
noted that a resolution of necessity requires a four-fifths vote and if Council Member Murray were
to recuse himself from voting, it would be impossible for the City Council to move forward with the
matter.
Mayor McGeorge stated that he will be involved in a McDonald's operation located inside the Wal-
Mart store at that location. Mr. Wingate concurred with Mayor McGeorge's need to abstain on this
matter.
Council Member Murray reiterated that he has been retained by Wal-Mart to deal with an unrelated
matter in another county.
Robert Karn of Robert A. Karn and Associates, representing Wal-Mart Stores, Inc., stated that he
first came to Redding in November 1995 to discuss with City staff the development of a Wal-Mart
site on the property located on Dana Drive. Since that time, he indicated that Wal-Mart has
continued to work closely with staff He explained that Wal-Mart is making significant progress on
the Dana Drive improvements immediately in front of the Wal-Mart store. He noted that the property
in question this evening is not within the property which Wal-Mart controls, but between the Wal-
. Mart store and Victor Avenue.
Mr. Karn recalled that the Planning Commission, at its January 9, 1996, approved a multi-phase
project on the 22 plus acre site. He stated that Wal-Mart is the first phase comprising approximately
11 acres, with the second phase coming at a future date, but is covered by Use Permit 44-95. He
indicated that part of the Negative Declaration approved with the Use Permit addressed the
reconditioning to widen Dana Drive from the project's frontage down to Victor Avenue. He related
that Dana Drive will be widened from two lanes to four lanes, with traffic signals at the intersection
of Victor Avenue and Dana Drive and Bradford Way and Dana Drive. He explained that when the
project is completed, Dana Drive will have a right-of-way of 64 feet curb-to-curb, with 10 feet on the
outside of each side, making a total of 84 feet of right-of-way, with a public service easement behind
the right-of-way on each side. He stated that the overhead utilities (telephone, electric, and cable
television) are being undergrounded, thereby requiring a public service easement.
Mr. Karn provided a brief description of the project, including improvements being made and
improvements which exist today. He stated that improvements have not yet been started on the area
east of Wal-Mart's property to Victor Avenue. He recalled that when the plans for these
improvements were prepared by Sharrah, Dunlap & Sawyer and approved by the City, Wal-Mart
began the process of trying to acquire the necessary right-of-way.
Mr. Karn recalled that the Dana Drive Traffic Impact Fee District was put into place by the City
Council on March 20, 1990. He explained that the Wal-Mart project falls within the Dana Drive
Traffic Impact Fee area. He stated that General Plan Amendment 14-88 and all the environmental
review documents that were put together at that time was the information utilized for putting together
the Dana Drive Traffic Impact Fee District. Some of the documents included the Costco Store
Traffic Study dated March 23, 1989, the Costco Traffic Study/Dana Drive Interchange relocation,
and also reference was made to the Circulation Elements in the City's General Plan. In addition to
Wal-Mart, he indicated that a few of the businesses which lie within the Dana Drive Traffic Impact
Fee District include: Target, Cinemark, Home Base, and Costco. He explained that the Wal-Mart
project was merely conditioned to make one of the final improvements to Dana Drive from the
project to Victor Avenue.
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Mr. Karn related that to date, Wal-Mart has obtained appraisals, met with property owners, made
offers to the property owners, and significantly settled with seven of the nine property owners. He
stated that the two properties which have not settled are located on the north side of Dana Drive and
are owned by the Salas and Gyves. He explained that in each situation, Wal-Mart is requesting the
following: 1)acquisition of permanent right-of-way; 2) acquisition of a public service easement; and
3) acquisition of some temporary construction easement.
Mr. Karn provided the following information relative to the three findings the City Council must
make: 1)whether public interest and necessity requires the project - The improvements required by
Wal-Mart provide a logical, safe, and efficient way to complete the Dana Drive widening, mitigates
traffic congestion, provides storm drainage facilities which do not currently exist, and meets the
objectives of the environmental documents for the area and for the Wal-Mart project; 2) whether the
project is planned or located in a manner that will be most compatible with the greatest public good
and the least private injury - These improvements are merely a continuation of the Dana Drive
improvements which have already been constructed and match those improvements already in place.
He did not see any other reasonable alternative to complete the project other than what is currently
planned; and 3) whether the property is necessary for the project - At this point, there is no
reasonable way to complete the project without acquiring the right-of-way. He encouraged the City
Council to move forward with the adoption of the resolutions of necessity.
•
Mr. Wingate indicated that Mr. Salas was not in attendance. Based on conversations with Mr. Salas,
Mr. Wingate stated that Mr. Salas believes the project is in a good location and is currently
negotiating a price.
MOTION: Made by Council Member Kehoe, seconded by Council Member R. Anderson, that
Resolution No. 96-219 be adopted, a resolution of the City Council of the City of Redding finding
that public interest and necessity require the acquisition of certain real property interests for
temporary and permanent easements for necessary public improvements, namely the Dana Drive Road
Widening Project. The property is owned by John T. Salas and Nila E. Salas, Co-Trustees of the
John and Nila Salas Family Trust dated January 25, 1993, and located at 1720 Dana Drive, Redding,
Shasta County, California; APN 071-260-64.
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, Murray, and P. Anderson
Noes: Council Members -None
Absent: Council Members -None
Abstain: Council Members - McGeorge
Resolution No. 96-219 is on file in the office of the City Clerk.
RESOLUTION - Public Interest and Necessity to Acquire Right-of-Way for Dana Drive Road
Widening Project , Gyves Property(Northwest corner of Victor Avenue and Dana Drive)
(C-070-010 & S-070-100)
Mayor McGeorge abstained from discussion and voting on this item.
City Attorney Wingate submitted for the record all of the testimony previously provided relative to
the resolution of public interest and necessity to acquire right-of-way for the Dana Drive Road
Widening project at 1720 Dana Drive, owned by the Salas.
Joseph Gyves stated that he owns the property in question which is located at the northwest corner
of Victor Avenue and Dana Drive. He indicated that he would like to address the City Council on
the issue of least private injury. He recalled that in December 1995, there was a meeting to discuss
the Wal-Mart building project. He explained that at the time this meeting was held, the conditions
being placed on the project were known. He related that although their property is not located within
the standard 300-foot radius for providing notification to property owners regarding certain issues,
the property is clearly needed for the intersection lighting at Dana Drive and Victor Avenue, which
is a precondition of the Wal-Mart building, yet he received no notification of any prior meetings.
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Mr. Gyves requested the City Council to respond to the following: "On April 16, 1996, the City
Council approved the use of the City's power of eminent domain to acquire right-of-way for the
widening of Dana Drive in accordance with Use Permit 44-95 issued to Wal-Mart Stores, Inc." He
stated that he was provided an opportunity to speak a year after the fact. He noted two meetings
which were held that had a direct impact on the Wal-Mart project and his property, however, he
received no notification of either meeting.
Mr. Wingate explained that the action taken by the City Council was to authorize to agree to lend the
City's power of condemnation to acquire the necessary right-of-way. He noted this action was prior
to any appraisals taking place or any final decision being made as to the project's actual location. He
stated this action was necessary due to the fact that Wal-Mart's Use Permit conditions required the
acquisition of right-of-way. It was necessary for Wal-Mart to know whether it should move forward
with hiring appraisers, right-of-way agents, etc. He noted that the purpose of the City Council's
action in April was to authorize that procedure to begin. He stated that tonight is the time and place
for the property owners to actually speak to the project's description as it affects their property.
In response to Vice Mayor P. Anderson, Principal Planner Keaney explained that the City's standard
radius of providing notification to property owners regarding certain issues is 300 feet. While he had
not reviewed the file on this particular project, he stated that normally notification would be expanded
to cover all properties affected by the project. He noted, however, that the issue goes back farther
than the Wal-Mart project. He explained that the Dana Drive Traffic Benefit District was approved
in 1990 with a specific list of projects which included the widening of this intersection and the signal.
At that time, all property owners within the boundaries of the district were given full notice and a list
of the projects. He stated that the road widening and the traffic signal were identified as a
requirement by the City prior to any application being made on this particular property. He opined
that notice of the project actually goes back to 1990 and the Wal-Mart project is really a question of
timing.
Mr. Wingate interjected that he believed the Use Permit approved for Fred Meyer on this same
property had the same conditions.
Mr. Gyves disagreed with the statement that the property owners received notification in 1990 of the
property which would be affected by the Dana Drive widening.
Mr. Wingate clarified that the actual notification of the exact width of the street widening and how
much property is going to be necessary for right-of-way, an underground utility easement, and a
temporary construction easement does not really happen until plans start to be developed for the
actual street widening, which is why hearings such as this one are held. In this particular situation,
he noted the City Council has heard that there is not really much else that can be done, other than the
plans as proposed. He did not, therefore, believe there was any additional information which could
have been given to the property owner.
In response to Council Member Kehoe, Mr. Wingate believed the property owner had been given
several opportunities to make presentations to City staff, to the right-of-way agent, and to others he
came in contact with regarding the street widening project. He stated that when a project is being
planned and when a decision is made to recommend a particular right-of-way, that is the time when
property owners are contacted. He surmised that the property owners were contacted when the
right-of-way widening was established.
Council Member Murray interjected that one of the reasons general plans and traffic plans are
adopted via the public hearing process and are a matter of public record is to provide notification to
property owners.
Mr. Gyves believed his due process was violated when the City made a decision to use its right of
eminent domain to acquire parcels for a private business, but did not notify the property owners
involved. He stated that he received no notification that the Wal-Mart project was in progress until
he received a letter in May from Ryan and Associates asking to inspect his property to make an
appraisal on a portion of the property which was necessary for the lighted intersection and the
widening of Dana Drive.
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Mr. Gyves opined that Robert Martin of Martin Appraisals is wearing too many hats with regard to
this project: acquisition agent for Sharrah, Dunlap, project engineer, and contracted by the City of
Redding to make an offer for the property. He stated that in the letter he received regarding this
meeting, Mr. Martin was referred to as a Wal-Mart acquisition agent. He also questioned the
credibility of the appraisals, as he noted numerous errors and inconsistencies in the report. He did
not believe an impasse had been reached, as he was willing to accept the offer provided the following
three conditions were met: 1) The City accept the Gyves Victor Avenue side property for a public
service easement and the City agrees to install a double-wide driveway to provide a second access
to the residence; 2)The City,by accepting the Victor Avenue property, will connect the sewer from
the house to the City sewer main and abandon the septic system which is located partially under the
Victor Avenue public service easement; and 3) The City grant the Gyves a permanent use variance
for the parcel and fit it into the office/residential classification. He stated that legal counsel has
advised that these are not unreasonable requests and that the City Council can grant them if it desires.
Council Member Murray stated that he did not have an interest in negotiating any of the requests
made by Mr. Gyves as part of the hearing process.
Mr. Gyves stated that he has owned the affected property since 1974. He explained that five years
ago, a large portion of the residence burned and major improvements were made. At the time the
work was completed, he was approached by several parties interested in renting the residence for low
commercial use. After the necessary property is acquired, he believed it would no longer be possible
to market the property as a residential unit for the following reasons: the size of the intersection with
the street and traffic signals, the removal of trees and shrubbery, the lack of privacy to the front of
the property, and the loss of 50 percent of the parking limiting entry and exiting to the parcel. He
explained that if the City granted a use of residential/commercial, he could continue to maintain the
income and value of the property as he and his wife had originally planned for their retirement
income.
Mr. Gyves asked if there was a way the City Council could work out a settlement where future court
action would be avoided. He did not feel the City needed to expend the man hours or the expense
to enter the property into condemnation proceedings. He reiterated that if the City and Wal-Mart
would agree to his three conditions, he was prepared to sign the necessary papers.
Mr. Wingate appreciated Mr. Gyves' comments, however, he stated that Mr. Gyves is requesting
things which fall in the area of negotiation and have a value. He indicated that the purpose of the
• meeting this evening is not to discuss fair market value or just compensation. He pointed out that
the City Council does not have the power to grant a rezoning request without going through a public
hearing process. He requested that the City Council determine whether it has received sufficient
information to move forward with the adoption of the resolution.
In response to Council Member Murray, Mr. Wingate stressed that negotiations are ongoing.
Mr. Gyves stated that he was never given an explanation as to why the City could not grant a
permanent use variance. He related that Martin Appraisals had indicated that it would not be possible
to grant such a request. He reiterated that he is merely requesting an opportunity to maintain the
value of his property.
Vice Mayor P. Anderson stressed to Mr. Gyves that the City Council does not have the authority to
act on his request.
Mr. Gyves suggested that future projects which affect property owners outside the 300-foot radius
should be given notification of all meetings, otherwise the City is doing the property owner an
injustice.
MOTION: Made by Council Member Murray, seconded by Council Member Kehoe, that Resolution
No. 96-220 be adopted, a resolution of the City Council of the City of Redding finding that public
interest and necessity require the acquisition of certain real property interests for temporary and
permanent easements for necessary public improvements, namely the Dana Drive Road Widening
Project. The property is owned by Joseph M. Gyves and Connie L. Gyves, and located at the
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northwest corner of Victor Avenue, and Dana Drive, Redding, Shasta County, California; APN 071-
260-33.
Voting was as follows:
Ayes: Council Members - R. Anderson, Kehoe, Murray, and P. Anderson
Noes: Council Members -None
Absent: Council Members -None
Abstain: Council Members - McGeorge
Resolution No. 96-220 is on file in the office of the City Clerk.
Council Member Murray suggested that it might be advisable for Mr. Gyves to attend the General
Plan Task Force's meetings concerning the zoning of the property in this area.
RESOLUTION - Public Interest and Necessity to Acquire Sewer Easement for Sun Oaks Racquet
Club (Fraser&DeHoff property)
(C-070-010 & W-020-575)
City Attorney Wingate explained that a Use Permit was granted to the Sun Oaks Racquet Club on
May 3, 1996, for an administrative use permit to increase the-size of its facility by approximately 860
square feet. He noted that this approval was in addition to a previous authorization for a 2,300
square foot expansion which included a locker room and a shower facility. He stated that one of the
conditions placed on the 860 square foot expansion was that the property would hook up to the
City's sewer system. He stated that the City Council is being requested to consider the adoption of
a resolution of necessity to acquire right-of-way for a sewer line. He noted that under the conditions
of the permit, the property owner is required to pay for all the acquisition costs and has retained
Susan Hines as its legal counsel.
Susan Hines explained that this is an eminent domain proceeding where the City Council is being
asked to make certain findings for what is being called the Sun Oaks Sewer Extension. She stated
the request is being made for two reasons: 1) the Sun Oaks Racquet Club is being requested to
eliminate the septic system that is currently being utilized and causing concerns with the Shasta
County Health Department; and 2) to allow Sun Oaks Racquet Club to tie into the Clover Creek
Sewer Line. She related that the following individuals were present this evening to address issues
which may be raised: Greg Dunbar of Sharrah, Dunlap, Sawyer, and Irish to talk about the sewer
connection alignment; Robert Martin,the right-of-way acquisition person who attempted to negotiate
with the property owners to acquire the necessary easement; and John Keaney, Principal Planner for
the City of Redding, to address issues relative to public notice. She clarified that there was a
typographical error in the report and the temporary construction easement of 0.31 acres should read
as 0.44 and the permanent sewer easement should be 0.22 instead of 0.28.
Greg Dunbar of Sharrah, Dunlap, Sawyer and Irish provided a brief overview of the project and
pointed out the location of the project. He explained that there is an existing sewer trunk line which
was constructed in 1991 and is known as the Clover Creek Project. He indicated that Sun Oaks
Racquet Club's current septic system is failing during wet weather, and they have been required to
abate this health hazard by connecting to the City's sewer system. He related that the project is
designed to provide for the extension of future sewer service into Argyle Estates and north of Argyle
Road. He recalled that the City's Public Works Department attempted to establish a sewer
assessment district in the Argyle Estates neighborhood sometime ago, however, it was unsuccessful
and Sun Oaks is now required to proceed on its own.
Mr. Dunbar explained that the project has been aligned in such a way to take advantage of the future
extension of Forest Hills Drive to the east and connecting with Hartnell Avenue. He stated that the
easement is necessary, as there is no other way to get from Sun Oaks Racquet Club to the Clover
Creek Trunk Line without crossing the Fraser property and two additional properties. The current
alignment, however, is entirely on the Fraser property, as it is the closest route.
Mr. Dunbar related that the project has a time constraint. He indicated that if it is not possible to get
the line across Argyle Road within the next two weeks, the project would not likely be completed
before June.
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In response to Council Member Murray, Mr. Dunbar explained that the title of the property is held
by approximately six owners and several of them are Frasers and one is named Dehoff.
In response to Council Member Murray, Mr. Dunbar stated that the oversizing of the line does not
require a larger easement.
Robert Martin of Martin Appraisals and Acquisitions stated he was retained by Sun Oaks Racquet
Club to represent them on the acquisition of right-of-way for the pipeline. He recalled that at the time
he became involved with the property, the property owners had already had some contact with the
Frasers through a representative named Gordon Fraser who resides in Chico. He indicated that title
Reports and appraisals were also prepared and still the only contact was with Gordon Fraser as he
was listed on the tax roll as the property's representative. He explained that Gordon Fraser was
contacted on numerous occasions and the appraiser even offered to meet with him at the property,
however, Mr. Fraser refused. He stated that they asked Gordon Fraser for assistance in trying to
contact the property owners, but he was not cooperative. Therefore, all the applicable information
was sent to Gordon Fraser. He stated that Gordon Fraser made counter offers on several occasions
which supposedly came from other family members.
Mr. Wingate noted that a letter was-received from Bruce Fraser, one of the property owners,
indicating that there would be representation at the meeting this evening.
Bruce Fraser, Canby, Oregon, asked the City.Council not to adopt the proposed resolution of
necessity. He stated that there are three individuals who own this property, his brother, sister, and
himself. He stated that Gordon Fraser is not an owner of the property. He indicated that the tax bills
are sent to Gordon as he is the only one who lives locally, but he is not a representative of the
property owners. He could not understand how negotiations could be at an impasse when Gordon
Fraser was not a representative. He explained that the first correspondence he received was a letter
from the City Attorney regarding the meeting this evening. He stated that he also received a
telephone call from Mr. Martin on November 18, 1996, which he returned, however, Mr. Martin
never called back. He believed the spirit of the law was violated in that the actual property owners
were not previously contacted. He noted that his older brother is a"snowbird" is not even aware of
what is happening. He requested that the City Council ask the individuals involved to negotiate in
good faith.
Mayor McGeorge acknowledged how a mistake could have been made, as most information is
obtained from the tax rolls.
Mr. Fraser stressed that Mr. Martin had his address and telephone number.
Mr. Wingate noted that the notice for this proceeding was properly given. He reiterated that
negotiations do not stop. He stressed that this is Mr. Fraser's opportunity to give the City Council
testimony with respect to whether the location of the proposed sewer line is reasonable or whether
it will affect the value of the property.
Mr. Fraser stated he has seen nothing with regard to environmental impact studies or other
information that most people would have received in a condemnation hearing. He reiterated that the
first he heard of this project was when he received Mr. Wingate's letter dated November 18, 1996.
In response to Council Member Murray, Mr. Fraser stated that he and his family had not given too
much thought as to future plans for the property.
Mr. Wingate related that if Mr. Fraser is planning on spending the night, he would make sure that the
necessary parties would talk to him about the project so that he has a full understanding of what is
being proposed. He opined, however, that the project needs to move forward in light of the Health
Department's concerns.
Mr. Martin stated that Gordon Fraser has been on record as representing his brothers and sister. He
explained that he was only able to locate Mr. Fraser's address and telephone number approximately
two weeks earlier. He indicated that Gordon Fraser stated there was no reason to contact his
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brothers or sister, as he represented them. He related that it is his understanding that only the
individual listed on the tax roll is the only person required to be notified in hearings such as this., He
stressed that he would be happy to meet with Mr. Fraser and discuss the issues further, but that an
effort had been made to contact the actual property owners.
Council Member Murray noted that the City Council's action this evening has nothing to do with
negotiating a price and the property owners do not currently have any plans for the property.
Mr. Wingate clarified that the only real question is whether the City Council can make the necessary
findings based on the testimony provided this evening. He stated that if the City Council can make
those findings, the court would be satisfied.
MOTION: Made by Council Member Murray, seconded by Council Member P. Anderson, to find
that the public interest and necessity require the Sun Oaks Racquet Club Sewer Line Extension
Project; the project is planned or located in a manner that will be most compatible with the greatest
public good and the least private injury; and the property being sought to be acquired is necessary for
the project, and that Resolution No. 96-221 be adopted, a resolution of the City Council of the City
of Redding finding that public necessity requires the acquisition of certain real property interests for
a temporary construction easement and a permanent sewer easement for necessary public
improvements, namely a sewer line extension approved for Sun Oaks Racquet Club (project). The
property is owned one-third by Douglass and Ramona Fraser; one-third by Bruce and Louise Fraser;
and one-third by Margot Fraser DeHoff, and is located on the east side of Argyle Road opposite
intersection with Forest Hills Drive; APN 110-220-08.
Voting was as follows:
Ayes: Council Members -P. Anderson, R. Anderson, Kehoe, Murray, and McGeorge
Noes: Council Members -None
Absent: Council Members-None
Resolution No. 96-221 is on file in the office of the City Clerk.
LETTER OF APPRECIATION
(A-050-500)
Mayor McGeorge related that a letter was received from James Chapman, United Church of God,
expressing appreciation to the staff at the Convention and Visitors Bureau for their exceptional
professionalism and hard work during its convention in Redding.
ADJOURNMENT
There being no further business, at the hour of 9:36 p.m., Mayor McGeorge declared the meeting
adjourned to December 12, 1996, at 5:15 p.m., at the City Council Chambers, 1313 California Street,
Redding, California.
APPROVED:
i/i'
% 7
Mayor
ATTEST:
City Clerk
12/03/96