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HomeMy WebLinkAboutMinutes - City Council - 1983-02-07 31 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California February 7, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Pastor Hartley Lee, of St. James Lutheran Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Kirkpatrick, Pugh, and Gard. Absent: Council Member Fulton. Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Electric Director Lindley, Housing and Redevelopment Administrator Henson, Finance Director Downing, Senior Associate Planner Keaney, City Clerk 4 Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent 1 Calendar: Approval of Minutes - Regular Meeting of January 17, 1983 Adjourned Regular Meeting of January 31 , 1983 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register Number 15, check nos. 88882 through 89354 inclusive, in the amount of $912,160.96, be approved and paid, and Payroll Register Number 15, check nos. 170406 through 170956 inclu- 10(1sive, in the amount of $418, 204.44, for the period January 2 , 1983, through January 15, 1983, be approved, and Payroll Register Number 16, check nos. 170957 through 171496 inclusive, in the amount of $419,779.85, for the period January 16, 1983, through January 29, 1983, be approved. Total : $1 ,750,145.25 i Treasurer's Report - November 30, 1982 // Treasurer's Report shows the total Treasurer' s Accountability to be f9 ; $10,042,312.44. A Claims for Damage and Personal Injury - 1st Hearing Edgar & Nyla Webb - Claim for Damages filed 1/31/83 ) 23 Recommend denial and referral to Insurance Carrier Peter Booth (P & H Auto Parts) - Claim for Damages filed 1/14/83 hA 3 Recommend payment in the amount of $185 Rick Utvick - Claim for Damages filed 1/25/83 Recommend referral to Insurance Carrier and set for second hearing itA3 on March 7, 1983 j Don Farley - Claim for Damages filed 1/27/83 Recommend denial IA-7 C. M. Hawes - Claim for Damages filed 1/25/83 Recommend referral to Insurance Carrier and set for second hearing p13 on March 7, 1983 Manuel A. Garcia - Claim for Damages filed 12/29/82 Recommend denial j�23 2/7/83 32 Jerry Milton Ross - Claim for Damages filed 1/10/83 Recommend referral to Insurance Carrier and set for second hearing 1) 3 on March 7 , 1983 Claims for Damage and Personal Injury - 2nd Hearing Jannece Toney - Claim for Personal Injury filed 12/13/82 Recommend denial 1 Resolution No. 83-23 - Rejecting Bid Schedule No. 1424 Recommend that Resolution No. 83-23 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for furnishing two 200 horsepower caterpillar engines, #3208, and declaring that one 1b3 200 horsepower caterpillar engine, #3208, may be acquired in the open market, and authorizing negotiations therefor by the City Manager. Contract Amendment - Sverdrup & Parcel for Red Bluff Power Project Recommend that Council authorize the expenditures of $27 ,646.00 for Amendment No. 1 to the Contract for Professional Services, Hydroel- ectric Feasibility Studies , and FERC License Application, Lake Red Bluff Power Project, to Sverdrup & Parcel and Associates, Inc. Set Public Hearing - Rezoning Application RZ-18-82 Recommend that a public hearing be set for 7:30 P.M. , February 22, 1983, to consider Rezoning Application RZ-18-82, by City of Redding. Resolution No. 83-24 - re Lot Line Adjustment LS-1-83 Recommend that Resolution No. 83-24 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-1-83. Set Public Hearing - Appeal of Use Permit UP-200-82, by Mervyn' s Recommend that a public hearing be set for 7:30 P.M. , February 22, 11111 1983, to consider the appeal of Use Permit UP-200-82, by Mervyn' s and iI by Santa Ana Valley Irrigation Company. Resolution No. 83-25 - re Revision to Urban Boundary and Federal-Aid Urban System Recommend that Resolution No. 83-25 be adopted, a resolution of the City Council of the City of Redding approving a proposed revision to the Urban Boundary and the Federal -Aid Urban System in Shasta County. Award of Bid - Improvements at Carter House Science Museum Recommend that Council make the following findings re Bid Schedule No. 1422, improvements at Carter House Science Museum: 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, ratify the Negative Declaration approved by the Board of Administrative Review on December 22, 1982. It is further recommended that Bid Schedule No. 1422, improvements at Carter House Science Museum, be awarded to Ridgeway and Sons Construc- tion in the amount of $16,530.44, and that a Contract Change Order No. 1 in the total amount of $880 be approved for the additional work. `.- Notice of Completion - Improvements at Enterprise Reservoir Recommend that Bid Schedule No. 1406, Landscaping and Grading 2/7/83 33 Improvements at Enterprise Reservoir, be accepted as satisfactorily completed, and instructing the City Clerk to file a Notice of Comple- tion. Resolution No. 83-26 - re Juvenile Officer/Counselor Diversion Program Recommend that Resolution No. 83-26 be adopted, a resolution of the City Council of the City of Redding establishing a Juvenile Officer/- Counselor position in the Juvenile Unit of the Redding Police Depart- 6'(40 ment to emphasize cause and rehabilitation as opposed to detention by the use of an intensive counselling program with the Department and other related services. Reimbursement Agreement - Dempsey Construction Company Recommend that Council approve a Reimbursement Agreement with Dempsey Construction Company for the completion of the Ridgeview Trunk Sewer :318 Line, and that the Mayor and City Clerk be authorized to execute the agreement. Purchase of Redding Ranchettes Water Tank Site Recommend that Council approve the purchase of the Redding Ranchettes 63 4 Water Tank site and necessary easement in the amount of $6,000. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Resolution Numbers 83-23, 83-24, 83-25, and 83-26 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Petition for Assessment District Proceedings - West Side of Calexico A petition was submitted to Council from property owners on the west V side of Calexico Drive, requesting the initiation of special assess- ment proceedings for the construction of street improvements. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the petition requesting initiation of assessment proceedings for street improvements on the west side of Calexico Drive, be referred to staff for report and recommendation. The Vote: Unanimous Ayes ORDINANCE - re Amendment to Municipal Code Pertaining to Private Garages MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the 3 full reading of Ordinance No. 1618 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Ordinance No. 1618 be adopted, 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. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Ordinance No. 1618 is on file in the office of the City Clerk. AMBULANCE COMMITTEE - Report re Ambulance Regulations Council Member Demsher, Chairman of the City/County Ambulance Committee, 3 reported that the California Highway Patrol has discontinued reviewing 2/7/83 34 ambulance driver personnel records and has adopted a self-inspection program for ambulance vehicles. He stated that subsequent to that action, the Ambulance Committee convened and concurred that it would be desirable for the City and County to continue to regulate ambulance companies and personnel . As a result, the Municipal Code section pertaining to ambulance companies and personnel must be amended. Mr. Demsher advised that the Northern California Emergency Medical Care Council has submitted a proposal that it assume the responsibility for inspection, which exceeds the required CHP inspection standards, on an annual basis for a fee of $1200 a year ($700-City share for ambulances based within the City and $500-County share for ambulances based in the County). It is the recommendation of the Ambulance Committee that the proposal of the NCEMCC be approved and that the City Attorney be requested to prepare an agreement and an ordinance for consideration at the Council meeting of February 22, 1983; and, that the City Clerk' s Office continue the licensure of ambulance personnel with a $10 two-year permit to be issued concurrently with the EMT Certificate. Councilman Demsher indicated, however, that Shasta County Board of Super- visors Member Caton, who is a member of the Ambulance Committee, recently took this proposal to the Board of Supervisors and the County has decided that it does not want to pay the inspection fees. He noted that it was the Board's feeling that these fees should be paid by the ambulance companies. Mr. Demsher said that regardless of the County' s decision, he recommends that the City proceed with the agreement with NCEMCC as originally pro- posed. Mr. Demsher emphasized that the City has the responsibility to protect the citizens of the community through this inspection program, to monitor all records, and insure that all vehicles are safe and in good condition to perform the task they need to perform. He said it is regretable that the County did not approve this proposal and hopes that Council will concur with the Committee' s recommendation. Mayor Gard concurred and felt the NCEMCC proposal represents an increase in service rather than a decrease. Ms. Gard feels that this proposal also represents protection for the consumer which insures that inspection standards will be enforced. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Ambulance Committee and instructing the City Attorney to prepare the necessary documents for the Council meeting of February 22, 1983. The Vote: Unanimous SACRAMENTO RIVER TRAIL - Park Grant Application - Phase II Planning and Community Development Director Perry reviewed his memorandum to Council dated February 4, 1983. He stated that a resolution has been prepared to authorize application for 1983 Land and Water Conservation 1)11grant funds for Phase II of the Sacramento River Trail . Mr. Perry ex- Li plained that if the application is successful , it will be necessary to 5 It" budget $20,000 of City general funds in the 1983-84 fiscal budget as matching funds. It is the recommendation of staff that the City Council authorize the application for 1983 Land and Water Conservation funds. If Council concurs, a resolution has been prepared for consideration and adoption. 2/7/83 35 Mayor Gard pointed out that when the trail was first considered, equestrian access was included in the plan. Mr. Perry advised that it was the opinion of staff that the trail could not accommodate both bicyclists and eques- trians without providing two separate trails. Mayor Gard suggested that the width of the trail may be sufficient to provide a dirt trail alongside the paved trail for equestrians, and added that a sign could be posted that horses are not allowed on the paved trail . Mr. Perry was concerned about getting the horses into the trail area as the proposed parking lot does not accommodate horse trailers. He also ex- pressed some concern for horses crossing the creek. Councilman Demsher concurred that an equestrian trail parallel to the paved trail does not seem unreasonable. Mr. Perry said that there are some areas along the path which he would have to measure to see if there is sufficient width for a second trail . He indicated that he will check into the matter and if necessary, the grant application could be amended to include eques- trian access. Public Works Director Arness said that the trail will be graded wide enough to allow for drainage and site distance and felt that this area could also be used for equestrian traffic. Mr. Demsher commented that an equestrian trail could also improve security since it would provide a wider area between the paved path and the bushes. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-27 be adopted, a resolution of the City Council of the City of Redding approving the application for 1983 Land and Water Conserva- tion Funds for Phase II of the Sacramento River Trail Project. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Resolution No. 83-27 is on file in the office of the City Clerk. PUBLIC WORKS PLANNING REPORT - February 1983 Public Works Director Arness submitted the Public Works Planning Reports for February 1983. In response to an inquiry from Mayor Gard, City Attorney Hays advised that the Westwood Manor Assessment District proceedings are at a standstill 3/6 since the annexation proceedings have been challenged. Mayor Gard asked Electric Director Lindley if he could estimate when the Airport would be receiving City electricity. Mr. Lindley advised that it could be accomplished as early as late summer if everything goes smoothly. He added that the same is true for the Western Ranches Subdivision. NCPA SHELL 3 FINANCING ORDINANCES City Attorney Hays advised that recently, it has developed that the City of Redding, along with the City of Palo Alto, may be able to become partici- pants in the NCPA Shell No. 3 Geothermal Project. He stated that the City ` 1 has been requested by NCPA's bond counsel to adopt three ordinances to ` (pl accomplish the financing for the Shell 3 Project. Mr. Hays noted that the ordinances are similar in nature to the ones previously adopted by the City with regard to the authorization of joint powers agency financing. He said the effect of adopting these ordinances at this time is merely that the City has given its consent to the issuance of the proposed financing by NCPA and does not in any way commit the City to either membership in the 2/7/83 36 Shell 3 Project or liability for any of the debt created under the ordi- nances. Those liabilities would only accrue at such time as the City opts to become a member of the Shell 3 Project directly. It is recommended that the three ordinances authorizing NCPA to issue revenue bonds, notes and revenue bonds be introduced for first reading. Ordinance - Authorizing Issuance of Revenue Bonds Councilman Pugh offered Ordinance No. 1619 for first reading, an ordinance of the City Council of the City of Redding authorizing the issuance of public power revenue bonds by Northern California Power Agency (Geothermal Generating Project Number 3) . Ordinance - Authorizing Issuance of Notes Councilman Pugh offered Ordinance No. 1620 for first reading, an ordinance of the City Council of the City of Redding authorizing the issuance of notes by Northern California Power Agency (Geothermal Generating Project Number 3) . Ordinance - Authorizing the Issuance of Public Power Revenue Refunding Bonds Councilman Pugh offered Ordinance No. 1621 for first reading, an ordinance of the City Council of the City of Redding authorizing the issuance of public power revenue refunding bonds by Northern California Power Agency. SETTLEMENT OF CLAIMS City Attorney Hays advised that the following claims have been settled by the City Insurance Carrier: Lana Keating - Claim for Damages ) ' 3 Settled in the amount of $100.60 Nancy Shepard - Claim for Damages Settled in the amount of $113.98 Diane Colette Cressey - Claim for Damages a Settled in the amount of $1 ,128.01 SUMMONS AND COMPLAINTS City Attorney Hays advised that the following Summons and Complaint has been received: / Stella Hickman vs. City of Redding et al Claim for Personal Injury PUBLIC HEARING - re Amendment to Municipal Code Pertaining to the Agricultural Combining District The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re amendment of Sections 18.37.030, 18.37.050, and 18.37.080 of the Redding Municipal Code pertaining to the Agricultural Combining District. 141 The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated February 4, 1983. He stated that the Planning Commission has considered amendments to the sections of the 2/7/83 37 Redding Municipal Code pertaining to area size, minimum lot size and permitted uses in the Agricultural Combining District. It is the recommendation of both the Commission and staff that Sec- tions 18.37.050 and 18.37.080 pertaining to lot size and permitted uses not be amended. It is further recommended that Section 18.37.030 be amended to permit "A" Combining District areas of ten acres by adding the following: "provided that subdivisions or neighborhoods, which have had a history of animal husbandry or agricultural pursuits, may request a waiver to the minimum area size; however, in no case shall the minimum area be less than ten (10) acres. " To obtain the waiver, it must be demonstrated that the following are in evidence: 1 . The area has had a history of animal husbandry or agricultural pursuits. 2. The area is not likely to create problems for smaller adjacent urban lots. 3. The areas for the keeping of animals would be towards the center of the area to be zoned rather than along the outer edges. 4. Special setback requirements can be met for large animals. 5. There are no lots less than one (1 ) acre in area. If Council concurs, it is recommended that Council recertify the negative declaration and direct the City Attorney to prepare the necessary ordinance. Barbara Daniels, Sunnyhill Lane, said she lives in an area where this zoning will be applied. She concurs with the recommendation of the Planning Commission and believes there is a great deal of difference in having one animal on a half acre and two animals on one acre. Mrs. Daniels said she agrees that the option pertaining to minimum area should be allowed as indicated in the Planning Director's memo to the Planning Commission. She noted that there is a great deal of difference in the way people take care of their property and added that the manure, when it is compacted over several years can become a drainage problem if it is not removed. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Mayor Gard stated that the option to the minimum parcel size and width, as stated in the staff report to the Planning Commission, would address her concerns regarding Alta Campo. In regard to 4-H projects, she favored using the standard criteria plus a permit. Councilman Demsher felt that providing special circumstances for 4-H projects would be unfair to other organizations with similar endea- vors. He said there would be no guarantee that they would be 4-H projects or that they would be handled any better than any other citizen. Mayor Gard noted that an animal permit from the City is heavily conditioned. 2/7/83 38 Councilman Pugh emphasized that the Cascade Annexation was approved with the understanding that the areas which had agricultural projects in the past, would not be curtailed when they were brought into the City. He said that basically the City is annexing properties in areas that are nonconforming, where people must curtail their agricultural uses. He said he has trouble distinguishing 4-H projects from lit commercial ones. Mr. Pugh felt that animal permits would be the way to go in this situation. Mayor Gard felt that requiring permits for all these people who had pre-existing uses , puts them at the mercy of their neighbors and the City needs to avoid that. She emphasized that 4-H projects are of short duration and deserving of extra consideration. Councilman Kirkpatrick stated he is concerned about the 4-H projects but he agreed that all groups must be treated equally. Councilman Pugh suggested that the City set up a strict standard allowing permits to be issued for small animals within certain criteria to give a little more latitude. Council Members discussed the possibility of approving the amendment to Section 18.37.030 as recommended by the Planning Commission and reconsider the other sections later. Mr. Perry advised that the Planning Commission has already considered the changes as outlined, but any new changes would have to go back to them for recommendation. Mayor Gard said her main concern is with Alta Campo where the parcels would be non-conforming. She emphasized that the proposed option regarding minimum parcel size would bring both the Alta Campo and Alta Mesa areas into conformance. Mr. Perry pointed out that this option would affect a very small number of parcels. Councilman Kirkpatrick suggested that Council approve the amendment as recommended by the Planning Commission and consider permit require- ments for 4-H projects at a later time without an ordinance change. City Attorney Hays recommended that this would be the appropriate time to make a decision on the matter. He identified the concerns of Council as being animal permit requirements, lot size, and waiver criteria for minimum parcel area. Councilman Kirkpatrick favored the animal permit process for temporary uses. Mr. Perry suggested that rather than issuing permits for 4-H projects, that possibly they be allowed as a permitted use. MOTION: Made by Councilman Pugh, seconded by Mayor Gard that the City Attorney be instructed to prepare an ordinance modifying Ordinance 1580, establishing the option to Section 18.37.080 allowing the minimum parcel size in an "A" District to be 32,000 square feet, with a minimum average size in an "A" District to be 36,000 square feet, and a minimum parcel width of 100 feet; and, approving the recommendation of the Planning Commission and staff regarding Section 18.37.030 pertaining to minimum area; and, requesting that the Plan- ning Department recommend the appropriate language setting forth a permitted use to allow a maximum of three small animals , or a permit process to allow those animals subject to a standard criteria. Voting was as follows: Ayes: Council Members - Demsher, Pugh, and Gard Noes: Council Members - Kirkpatrick Absent: Council Members - Fulton 2/7/83 39 MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Council make the following findings regarding amendment to Sections 18.37.080, 18.37.030, and 18.37.050 of the Redding Municipal Code: 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, recertifies the negative declaration approved by the Board of Administrative Review on June 3, 1981 . The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-17-82, by the City of Redding The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-17-82, by the City of Redding. 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 January 26, 1983 The City Clerk advised that no written protests have been received and Mayor Gard ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated January 26, 1983. He stated that the Planning Commission has recommended rezoning of property generally located north of Woodacre Drive, west of Interstate 5, east of properties on the west side of Cheryl Drive and south of the properties on the north side of Terrace Drive. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . It is the recommendation of the Planning Commission and staff that the area be zoned as depicted on the "Proposed Zoning" map dated December 8, 1982 , that the negative declaration be ratified, and that the ordinance be offered for first reading. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff regarding Rezoning Application RZ-17-82, by the City of Redding. The Vote: Unanimous Ayes; MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council makes the following findings re Rezoning Application RZ-17-82, by City of Redding: 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. 2/7/83 40 and, ratifies the negative declaration approved by the Board of Administrative Review on December 8, 1982. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1622 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-17-82) . ROUTINE REPORTS AND COMMUNICATIONS Pacific Telephone: Notice of Application to Increase Rates Alcoholic Beverage License Applications: Redding Rodeo Association (Ken Powers, Bob Basinger, George Lewellen) 715 Auditorium Drive Shasta-Cascade Wonderland Association: Publicity Public Utilities Commission: Notice of Prehearing Conference ADJOURNMENT There being no further business, at the hour of 8:10 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: ayor ATTEST: -trs 2 c2. _,,--P City Clerk 2/7/83