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HomeMy WebLinkAboutMinutes - City Council - 1983-01-17 16 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California January 17 , 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by Electric Director Lindley. The invocation was offered by Pastor James Ledbetter, First Baptist Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh. Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Electric Director Lindley, Director of Parks and Recreation Riley, Housing & Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Personnel Officer Bristow, Senior Associate Planner Keaney, Supervising Accountant Downing, Supervisor of Computer Operations Kelley, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: PP A roval of Minutes - Regular Meeting of January 3, 1983 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 14, check nos. 88682 through 88881 inclusive, in the amount of $764,158.25, be approved and paid, and that Payroll Register No. 14, check nos. 169832 through 170405 inclusive, in the amount of $438,509.44, for the period December 19, 1982, through January 1 , 1983 , be approved. Total : $1 ,202,667.69 Claims for Damage and Personal Injury - 1st Hearing Pacific Telephone & Telegraph Co. - Claim for Damages filed 12/17/82 /CI 3 Recommend payment in the amount of $533.09 William Harger - Claim for Damages filed 1/10/83 3 Recommend payment in the amount of $36.47 Betty W. Attebury - Claim for Damages filed 1/10/83 Recommend denial California State Automobile Association (Lena Koester) - Claim for Damages filed 1/10/83 /00 Recommend payment in the amount of $197.81 Nancy Shepherd - Claim for Damages filed 1/4/83 j( Recommend referral to Insurance Carrier, set for 2nd hearing, 2/22/83 C. R. Chain - Claim for Damages filed 1/4/83 Recommend denial P & H Auto Parts - Claim for Damages filed 1/5/83 Recommend payment in the amount of $207.00 Resolution No. 83-9 - re January 1983 Electric Utility Rate Increase Recommend that Resolution No. 83-9 be adopted, a resolution of the City Council of the City of Redding amending Page 6 of\Exhibit "A" to Resolution No. 83-8, correcting typographical errors in the commercial heating and general power service rate. 1/17/83 - r 17 Environmental Services Contract - Beak Consultants, Inc. Recommend that a environmental services contract between the City and Beak Consultants, Inc. , for the East Loop Connection, be approved in 1 the amount of $15,274.06, and that the Mayor be authorized to sign. 7 Set Public Hearing - re Amendment to "A" Special Agricultural District l�`1 Recommend that a public hearing be set for 7:30 P.M. , February 7, 1983, regarding amendment to the Municipal Code pertaining to area size. Set Public Hearing - re Rezoning Application RZ-17-82 Recommend that a public hearing be set for 7:30 P.M. , February 7, /y 1983, regarding Rezoning Application RZ-17-82, by City of Redding. Resolution Numbers 83-10, 83-11 , 83-12 - re Personnel Policy Changes Recommend that Resolution No. 83-10 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 82-157 by modifying the schedule of salaries for officers and exempt employees 75)-- established by said resolution and adding two new positions. And, that Resolution No. 83-11 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 78-161 pertain- ing to hours of work, overtime compensation and administrative leave for designated management positions of the City of Redding. And, that Resolution No. 83-12 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 81-164 by modifying Exhibit "A" of the Memorandum of Understanding between the City of Redding and Local Union 1245 IBEW. Award of Bid - Improvement of Hartnell Avenue Recommend that Bid Schedule No. 1421 , improvement of Hartnell Avenue �(c adjacent to Parsons School , be awarded to Cox and Cox Construction, Inc. , on its low bid in the amount of $16,333 , with the City' s share being $5,870 and the school district' s share being $10,463. Notice of Completion - Slope Protection in Olney Creek Recommend that Bid Schedule No. 1416, slope protection in Olney Creek, 7/') be accepted as completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. Resolution No. 83-13 - Commencing Abatement Proceedings , 3404 Railroad Recommend that Resolution No. 83-13 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 in the City of Redding (Owned by Carl S. Ball , deceased, and located at 3404 Railroad Avenue) . MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 83-9, 83-10, 83-11 , 83-12, and 83-13 are on file in the office of the City Clerk. • • 1/17/83 13 WRITTEN COMMUNICATIONS Communication from Shasta County Board of Supervisors - re Representation from Northern California to State Job Training Coordinating Council City Clerk Nichols reviewed a letter from the Shasta County Board of Supervisors indicating that the Board passed a resolution inviting the c(�, City Council of Redding to join with the County in requesting Governor Deukmejian to appoint representatives from Northern California to the State Job Training Coordinating Council . The Board requested that Council take actions deemed appropriate through the City' s affiliation with the League of Cities, as specified in AB3424, which may lead to the attainment of such representation. Mayor Gard further explained that new legislation has provided for a 25 member advisory board to advise the Governor on pending State and Federal legislation. She advised that the League of California Cities will appoint two members to the board and she would like Council 's authorization to urge the president of the League to make one appoint- ment from a Northern California city, preferably a rural area. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher authorizing Mayor Gard to urge the president of the League of California Cities to appoint a representative from a rural Northern California city, to the State Job Training Coordinating Council . The Vote: Unanimous Ayes Request from Tri-Aerial Enterprizes - re Skydiving Exhibition A request was received from Tri-Aerial Enterprizes for Council 's approval of a skydiving exhibition near the Civic Auditorium during the Annual Sports Show sponsored by KRCR, on February 11 through 14, 1983. t'tt,'31 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the request by the Tri-Aerial Enterprizes as hereinabove stated, subject to compliance with all City of Redding requirements. The Vote: Unanimous Ayes Request from Enterprise School District - re Traffic Signal at Hartnell and Churn Creek Road A letter was received from the Enterprise School District advising Council that there is a need for a traffic light at four corners, (Hartnell Avenue and Churn Creek Road) and some relief in the form of an under/overpass on Hartnell between Parsons and Rother Schools. A response letter from the City Manager was also submitted to Council , advising the District that signalization of Churn Creek and Hartnell was tentatively scheduled for the 1983-84 fiscal year as a part of the Canby-Hilltop-Cypress Redevelopment Project. Mr. Courtney's letter advised that the financing of this project has been delayed due to legal action initiated by the County of Shasta, and that both the City 11`0 a and County are working to resolve this problem. Councilman Pugh felt that the City Manager's letter was appropriate and that the request should be referred back to staff, to be imple- mented within the Redevelopment Project. Councilman Demsher said Council has been aware of this problem for some time and feels that the Redevelopment Project will be the solu- tion. Councilman Pugh noted that the District' s proposal to construct a pedestrian path beneath the Hartnell crossing over I-5 may be worth investigating. • 1/17/83 19 • Public Works Director Arness advised that Mr. Goetz, District Superintendent, has gone directly to Cal Trans with this proposal . With the concurrence of Council , this matter was referred to staff. Requests for Rehearing of Use Permit UP-193-82 - Shasta Steel City Clerk Nichols advised that six letters have been received requesting rehearing by a full Council of Use Permit UP-193-82, from George and Mary Osborn, Steve Mefford, Earl F. Gledhill , Lloyd L. • Herndon, Darlene and Virg Yadon, and Beverly Kalsbeek. City Attorney Hays advised that Council heard the matter on January 3, 1983, with a quorum of its members and its action was appropriately 1.:1 taken. Mr. Hays said the process has reached its logical and legal conclusion. He stated that the use permit was approved by the Plan- ning Commission, an appeal was brought to the City Council which acted appropriately on the matter. He advised that other than seeking a revocation hearing, Council has no further legal ability to proceed at this time. Councilman Kirkpatrick asked the City Attorney if the letter from Mr. Mefford which brought out three different points in connection with 1 the Sessler Corporation, would have any bearing on the matter. Mr. Hays advised that what is evident at this time is that Mr. Linkleter has purchased a 50% interest in partnership with the Sessler Corporation and the information contained in Mr. Mefford's letter has no real bearing on the issuance of a use permit. Councilman Demsher agreed that it would have been better if a full Council were present; however, the record shows that those who were present listened carefully to concerns and considered alternatives. He felt that Council 's decision is better as far as a land use and the City has better control , than some of the other alternatives for the use of the property. Mr. Demsher emphasized that if the applicant does not conform to the conditions of the use permit, the permit can be revoked by Council . Mayor Gard apologized for not being present at the hearing due to a previous commitment, noting that she has missed very few meetings in her seven years on the Council . She noted that she would have been present if the hearing could have been held as originally scheduled. Mayor Gard stressed that she concurred with the decision made and her presence at the meeting would not have changed the outcome. Councilman Pugh emphasized that the conditions applied to this use permit are onerous , and if the applicant is willing to satisfy all the requirements, they must intend to operate in accordance with all the conditions. He stated that a careful watch of the conditions is important and it has been Council 's position to require adherence to conditions of use permits and not make them a useless act. Mr. Pugh apologized for not being present at the hearing but indicated that he concurred with the decision made. Mayor Gard pointed out that Council has a very strong record of insisting that use permit conditions be followed and it intends that the conditions of this permit be met. Communication from Shasta County Board of Supervisors - re Sacramento River Trail A letter was received from Dan Gover, Chairman of the Shasta County qv �f Board of Supervisors stating that the Board voted to concur with the 1 1/17/83 20 City' s acceptance of the lead agency role for the proposed Sacramento River Trail System from Redding to Keswick Dam. No action was required on this matter. VICTOR AVENUE AND OTHER STREETS SEWER ASSESSMENT DISTRICT NO. 1982-5 Special Bond Counsel Sperry submitted the following documents for filing and adoption: Engineer' s Report Resolution - Accepting Report and Setting Public Hearing MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 83-14 be adopted, a resolution of the City Council of the P City of Redding accepting the Engineer's Report and setting a public <U hearing for 7:30 P.M. , February 22, 1983, for Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-14 is on file in the office of the City Clerk. Resolution - Calling for Construction Bids MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 83-15 be adopted, a resolution of the City Council of the City of Redding calling for construction bids in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-15 is on file in the office of the City Clerk. { Notice of Improvement Notice Inviting Sealed Bids KENYON DRIVE SEWER ASSESSMENT DISTRICT NO. 1983-3 Special Bond Counsel Sperry submitted the following documents for filing and adoption: j Petitions Certificate re Petition Resolution - Accepting Petition MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-16 be adopted, a resolution of the City Council of the City of Redding accepting petitions in Kenyon Drive Sewer Assessment District No. 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-16 is on file in the office of the City Clerk. Boundary Map 1/17/83 21 Resolution - Approving Boundary Map MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-17 be adopted, a resolution of the City Council of the City of Redding approving the Boundary Map for Kenyon Drive Sewer Assessment District No. 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-17 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-18 be adopted, a resolution of the City Council of the City of Redding approving agreement for legal services for Kenyon Drive Sewer Assessment District No. 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-18 is on file in the office of the City Clerk. Resolution - of Intention MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-19 be adopted, a resolution of the City Council of the City of Redding of intention to order improvements in Kenyon Drive Sewer Assessment District No. 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-19 is on file in the office of the City Clerk. ORDINANCE - re Planning Commission Meeting Time MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1615 be waived and the City Attorney be instructed 3.;L3 to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1615 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 2.52 of the Redding Municipal Code by repealing Section 2.52.070 of said Chapter 2.52 and substituting therefor a new Section 2.52.070 of Chapter 2.52, pertaining to meeting times. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1615 is on file in the office of the City Clerk. ORDINANCE - Appealing Drug Paraphernalia Ordinance MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading- of Ordinance No. 1616 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes 3 67 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1616 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 10.62 of the Redding Municipal Code by repealing said Chapter in its entirety, pertaining to drug paraphernalia. 1/17/83 22 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None • Absent: Council Members - None Ordinance No. 1616 is on file in the office of the City Clerk. ORDINANCE - Amending PD-13-80 Councilman Pugh and Mayor Gard abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that full reading of Ordinance No. 1617 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Councilman Pugh and Mayor Gard abstaining !fLi MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1617 be adopted, an ordinance of the City Council of the City Eof Redding amending Ordinance No. 1540 by deleting Conditions 1 and 4 and f substituting therefor new Conditions 1 and 4, pertaining to rezoning of certain real property in the City of Redding (PD-13-80). Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh and Gard Ordinance No. 1617 is on file in the office of the City Clerk. APPOINTMENT OF DIRECTOR OF FINANCE City Manager Courtney advised that the Redding Municipal Code provides that the Director of Finance shall be appointed by the City Manager subject to the approval of the City Council . Mr. Courtney stated that he has selected Linda R. Downing to be Director of Finance, and he requested Council 's approval of this appointment effective iIG January 18, 1983, at the proposed annual salary rate of $33,500. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving the appointment of Linda R. Downing as Director of Finance, effective January 18, 1983, at an annual salary of $33,500. The Vote: Unanimous Ayes Council welcomed Mrs. Downing to her new position and wished her well . TENTATIVE SUBDIVISION MAP S-11-82 - Kalliste Estates Planning and Community Development Director Perry advised Council that the Planning Commission has granted Jean Agostini permission to divide 19.9 acres located north of Tanglewood Subdivision, south of Boulder Creek and I(,` east of Interstate 5. A map of the area and the conditions of approval were submitted to Council . No action was required on this item. TENTATIVE SUBDIVISION MAP S-12-82, Sunny Oaks Estates Planning and Community Development Director Perry advised Council that the Planning Commission has granted Dick Pulcini permission to create 91 single-family lots on 30.3 acres located north of Old Alturas Road and east of Churn Creek. He noted that this project was originally approved for 136 lots in 1979. In 1981 forty-five lots were recorded, but the remainder of the tentative map expired. fc • 1/17/83 . .. ... _„ .. .� �. ..-... _ _ ._,.,,_ �.�,.f--. '�----�--•• � _- � � � .. � .-,. �....-.rte.- _.. -r--•.- � -. 23 Mr. Perry explained that the new map is a reapplication for the remaining portion of the original subdivision. A map of the area and the conditions of approval were submitted to Council . No action was required on this item. MORTGAGE REVENUE BONDS - Oral Report Housing and Redevelopment Administrator Henson advised Council that staff has been working to put together possible uses of Mortgage Revenue Bonds to provide financing for housing within the City below the market interest rates. He said staff has discussed this program with several developers within the City and Shasta County. Mr. Henson advised that a program totalling $20 million is needed to make a bond issuance feasible, and an allocation is necessary from the State Mortgage Allocation Committee. He said the deadline for filing an applica- tion L for this program is Friday afternoon, at which time the Allocation Committee will consider the City' s certification that it has 2% of the fees from participating developers and a certification from the Council authorizing filing of that application. 1 At this time, Mr. Henson stated, the City has checks or letters of credit from participating developers totalling $11 .5 million and the County has $3.4 million, for a total of $14.9 million. He added that he has spoken to several developers who are in the process of preparing letters of credit 1 and making agreements to participate in the program and Mr. Henson feels that by Thursday morning, we will have requests from developers for between $18 and $20 million in mortgages. Mr. Henson proceeded to state that in consulting with bond counsel , it is their recommendation and staff's that the City proceed to file an applica- tion with the Mortgage Allocation Committee for the amount of interest that we have. That assures us of an allocation and if we do not meet the $20 million figure, we could join with some other community within the State to make a bond issuance feasible. He stated that Council has done everything it needs to do, and the joint powers agency of the City of Redding and County of Shasta intends to proceed with the application unless Council feels it should not. Council Member Pugh asked about restrictions on filing joint applications. Mr. Henson stated that both communities must have an approved allocation. No action was required on this matter. DISPOSITION OF PROPERTY - Adjacent to Fire Hall No. 2 Councilman Pugh abstained from voting and discussion on this matter. Planning and Community Development Director reviewed his memorandum to Council dated January 13, 1983. He stated that property adjacent to Fire Hall No. 2 on Placer Street was acquired in 1974 for a sanitary landfill . A map of the area was shown on the Vu Graph. Mr. Perry advised that the property consists of ten acres and was appraised at $353,000 in 1980. It fronts on Placer Road and will front on the future o�06 extension of Buenaventura Boulevard. He stated that on the General Plan, .1 /II the property is classified as "Retail" on the western two-thirds, "Light 111 Industrial" on the eastern one-third, and is presently vacant. Mr. Perry stated that at the conclusion of a public hearing on General Plan Amendment Application GPA-5-82 concerning the Mary Lake Property, the Planning Commission forwarded to the City Council , at the request of the applicant, the question of whether the City will designate the ten-acre site for sale or long-term lease. s 1/17/83 6 24 t Mr. Perry reminded Council that during the 1982-83 Budget preparation, one of the projects proposed was a development and marketing plan for the property owned by the City around Benton Airpark not related to the airport i or landfill operations. This was not funded due to budgetary constraints. E Mr. Perry reviewed the potential public uses of the property. He indicated that a use consistent with the General Plan would be a neighborhood shopp- ing center. He said that the staff has looked at the Benton Airpark III property as a whole from several areas. First is the need to protect the airport and the landfill . Second, lands not needed for these operations are viewed as income for the public, a means to pay for the extension of Buenaventura to Highway 273 and the extension of Rosaline to Gold Street. Lastly, this will provide a place to meet expanding State mandates for local agencies to provide low and moderate-income housing. With respect to the ten acres under discussion, Mr. Perry advised that several years ago there was an offer to trade other property for this site for development of a shopping center. He said that since that time, there have been other contacts received concerning disposition of the property as well as requests for changing the General Plan to commercial on the north- east and northwest corners of Placer and Buenaventura. A site-evaluation study for seven potential neighborhood shopping centers on the west side of Redding was submitted to Council . It is the recommendation of staff that Council advise the Commission that it intends to sell or lease the property in a manner consistent with the Redding General Plan. Councilman Kirkpatrick felt it is appropriate to decide what the City intends to do this property and he favored long-term leasing rather than selling. III Mayor Gard noted that it might not be appropriate to say that Council wishes to sell or lease the property until after a land use study for the Benton Airpark area is completed and with the understanding that the use of the property will be in accordance with the master plan. Mr. Perry explained that the study will cover marketing strategies and long term uses, and will provide outside expertise to evaluate proposals made to the City. Mayor Gard commented that the retail designation has been on the property for some time and seems to be appropriate. She asked if there is a time frame for selling the land under better market conditions, if Council should decide to do so. Mr. Perry stated that with this type of development, the market depends more on the perceived value of the property and interested people must act 1. on it when it is put on the market. He added that Council will have to 1 _ know what type of shopping center it wants and proceed from there. Councilman Kirkpatrick emphasized that a point in favor of leasing is long term income to the City. The property is valuable now and will improve with age. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher to advise the Planning Commission that it is the Council 's intention to lease III; the ten acre parcel adjacent to Fire Hall No. 2 , in accordance with the General Plan. The Vote: Unanimous Ayes with Councilman Pugh abstaining CONTINUED PUBLIC HEARING - re Resolution of Public Convenience and ,0 Necessity - Upper Churn Creek Sewer Assessment District u9',(? The hour of 7:30 P.M. , Mayor Gard opened the continued public hearing 1/17/83 25 1 re Resolution of Public Convenience and Necessity in Upper Churn Creek Sewer Assessment District. The following documents are on file in the office of the City Clerk: • Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that three requests to be heard have been received from Bobby Whitson, Malcolm Solberg, and Linda Maurer. The City Attorney noted that although the Maurer letter was received after the deadline to receive such requests, it would be appropriate to allow her to be heard since the hearing date was changed from January 3, to January 17, 1983. Mr. Hays also noted that the Whitson's have signed the necessary agreements for the acquisition of the easement but still wish to be heard this evening. In response to an inquiry from Councilman Pugh, the City Attorney advised that Mr. Pugh' s and Mayor Gard' s absence at the original hearing will not disallow them from participating in this hearing, since no testimony was received at the original hearing. Mayor Gard explained to the audience that in hearings for public convenience and necessity, only those who have sent written requests • within the prescribed time period will be allowed to speak at this time. Mayor Gard determined that Linda Maurer and Bobby Whitson were not present this evening. 1 Malcolm Solberg, 19137 Hollow Lane, advised that he and his wife Betty have lived at this location for about 31 years. He said the property was unattractive when they first bought it but they have been working very hard to make it beautiful . He realizes that this area will expand but they were initially attracted to this area because of its rural environment and would like it to stay that way as long as possible. Mr. Solberg questioned the urgent need to take the steps that are being taken, primarily for the development of private pro- perty for private profit. He said there are a number of reasons that indicate this project is not prudent at this time, such as poor economy and high interest rates for financing. Mr. Solberg questioned whether it is in the public interest to extend sewer trunk lines across an area now, which might have to be ripped out to better suit the public interest in years to come. Mr. Solberg explained that his property consists of 14 acres , two acres of which are in the flood plain area. He said it has been his intention to develop a bass and duck pond with a dock on his property. He said the present plan for the trunk line bisects his backyard which would effectively preclude him from developing the property the way he would like. Mr. Solberg also objected to the heavy equipment which will be operated for a year or more on his property causing noise .111 pollution, and tearing up vegetation. He is also concerned that the roadway across the back of his property will be an open invitation to motorcycles and four-wheelers. Mr. Solberg asked that if his property must be taken, that the lines follow the boundary lines of his property so that it does not make his 3 1/17/83 26 property totally unusable for any type of development. He asked that Council defer action at the present time, or at least take steps to cross his property in a way which will cause less private injury. Mr. Solberg stated that they had practically no indication that this project was going to be done until someone came to his door and offered him $1 ,000 to take his property. He objected to his property being appraised as totally undeveloped as he has spent thousands of dollars and three years of his time trying to make his property more beautiful . In response to an inquiry from Councilman Kirkpatrick, Mr. Solberg advised that the road he was referring to is the construction road. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Public Works Director Arness advised that the construction is scheduled to start in the spring and should be completed in about three months. He also indicated that there will be no problem with natural vegetation growing back and added that the contractors will replant the area which is disturbed. Councilman Pugh explained to Mr. Solberg that the proceedings for this assessment district are completed except for the actual construction, and that the construction contract has been awarded. He said the City is now in the process of providing that the plan which has been approved by Council be carried out and that the contractor has the right to go on the properties involved and begin construction. Mayor Gard said that it is important that staff emphasize to the contractor, the need to minimize the trauma. She said that Council and staff are concerned with minimizing the interruption of peoples' daily lives and will take action if it is found there there is an unnecessary disturbance. Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-20 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements, to-wit: easements for the construction and maintenance of sewers as part of the Upper Churn Creek Sewer Assessment District (Jack and Beverly Owens, Vernon Tanem, Lewis and Mary Westlake, Richard F. Cutler, Robert and Linda Maurer, Malcolm and Elizabeth Solberg, Vernon Young, and Wentz, Inc. ). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-20 is on file in the office of the City Clerk. City Attorney Hays advised that Wentz, Inc. will be deleted from this action since he understands they have signed the necessary easement agreements. NOTICE OF PENDENCY - City of Whittier et al vs. State Compensation Insurance Fund et al City Attorney Hays advised Council that a Notice of Pendency of Class Action has been filed by the City of Whittier et al in which all cities and 1/17/83 -- 27 counties in the State of California are included which are now or have ever been insured by SCIF for workers' compensation liability. Mr. Hays advised that if Council wishes to be included in the class and/or subclass action and be represented by the existing class counsel , it should take no action in response to this notice. No action was taken on this matter. ORDINANCE - re Private Garages City Attorney Hays advised that recently, Chapter 18.62 of the Redding Municipal Code was adopted. He stated that this particular chapter is a comprehensive plan dealing with off-street parking. He noted that the subject matter covered by Section 18.56.070 dealing with the location of private garages is now covered by language found in Chapter 18.62. It is the recommendation of the City Attorney that an ordinance be introduced which eliminates the duplication of coverage by repealing Section 18.56.070. Councilman Demsher offered Ordinance No. 1618 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 18.56 of the Redding Municipal Code by repealing Section 18.56.070 of said Chapter, pertaining to private garages. NOTICE OF NAME CHANGE - Shasta County Sheriff' s Posse City Attorney Hays advised that the City has been leasing property to a California non-profit corporation bearing the name Shasta County Sheriff' s Posse, Inc. He said that pursuant to Paragraph 18 of the lease with that /I organization, the City received a notice of change of name for that corporation to the Redding Rodeo Association. He submitted a copy of the Certificate of Amendment of the Articles of Incorporation for Council ' s information. No action was required on this matter. RESOLUTION - re NCPA Geothermal Project No. 3 City Attorney Hays advised that some time ago, the City of Redding was offered, by NCPA, the opportunity to participate in NCPA's Geothermal Project No. 3. He stated that at that time, Redding declined to partici- pate because as the offer was structured, NCPA' s Geothermal Project No. 2 had the ability to withdraw from Project No. 3, steam which was essential to the operation of Project No. 3. Mr. Hays explained that a recent review of the NCPA Shell 2 and 3 projects has led to the conclusion by NCPA that the ability of Shell Project No. 2 to withdraw the steam from Project No. 3 resulted in financing difficulties for Shell 3. Therefore, he stated, it seems to be the intent of NCPA to do IWW1 what is necessary to remove the cloud on Project 3 which was held by Project 2. Mr. Hays stated that NCPA adopted a resolution recognizing the claims of Palo Alto and Redding with regard to Shell Project No. 3, and therefore, any objections which Palo Alto or Redding might raise which would be adverse to the financing, have been now addressed. He explained that the financing time line for NCPA on this matter is very short, with the closing scheduled for January 20, 1983. It therefore became necessary for Redding to issue what has been called an estoppel letter which indicates that the concerns raised by the City of Redding have been met and therefore Redding will not exercise whatever challenge it felt it could mount. Mr. Hays stated that an estoppel letter has been sent by the City Manager to the appropriate parties and he recommended that Council adopt a resolu- tion ratifying the action of the City Manager. I 1/17/83 • - - 28 Councilman Pugh felt it would be appropriate to ratify the City Manager' s action at this time. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-21 be adopted, a resolution of the City Council of the City of Redding ratifying the action of the City Manager in issuing a letter agreeing to subordinate any interest in the NCPA East Block Shell Project to a letter of credit in the amount of thirty million dollars ($30,000,000.00) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-21 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Crotto' s (Gerald Waybright and Cason L. Baugh) 1820 Butte Street Beef and Beer (Daniel & Kathleen Klostermann) II 1135 Pine Street, #101 J J ' s (Jon & Kathy Meamber, James Truttman) 2450 Eureka Way City of Gardena Resolution Repealing Resolution to Relocate Japanese Residents of the City of Gardena Shasta-Cascade Wonderland Association: Publicity CLOSED SESSION At the hour of 8:15 P.M. , Council adjourned to a closed session to discuss pending litigation. The meeting was reconvened by Mayor Gard at the hour of 8:26 P.M. City Attorney Hays requested that the meeting be adjourned until 12:00 noon, January 27, 1983 , for the purpose of considering the negotiations that have transpired between NCPA and PGandE regarding the NCPA Intercon- nection Agreement. It is necessary to approve or disapprove of the arbitration agreement within 35 days of December 27. Staff has not yet seen the completed interconnection agreement. ADJOURNMENT There being no further business, at the hour of 8:30 P.M. , Mayor Gard declared the meeting adjourned to 12:00 Noon, January 27, 1983. APPROVED: r 1 i ; r . , ° i A40 A , .'.yor ATTEST: E City Clerk fir 1/17/83 6