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HomeMy WebLinkAboutMinutes - City Council - 1983-09-19 240 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California September 19, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. III The invocation was offered by Pastor Glen Biggs of the Community Baptist Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Kirkpatrick, Pugh, and Gard Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Direc- tor of Electric Lindley, Public Works Superintendent Galusha, Housing and Redevelopment Administrator Henson , Associate Civil Engineer Hastings, Finance Director Downing, Senior Associate Planner Keaney, Airports Direc- tor Homan, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. URGENCY ITEM City Attorney Hays asked that a resolution approving a grant application for a runway overlay project at Redding Municipal Airport, be declared an urgency item and placed on the Consent Calendar for consideration. Mayor Gard declared the matter an urgency item and the matter was placed on the agenda under the Consent Calendar. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: III Approval of Minutes - Regular Meeting of September 6, 1983 i. Approval of Payroll and Accounts Payable Registers - Recommend that t o6 Accounts Payable No. 6, check nos. 93335 through 93566 inclusive, in � o- the amount of $1 ,554,449.44, be approved and paid; and Payroll Regis- '3 0'� ter No. 5, check nos. 180594 through 181196 inclusive, in the amount 8' of $447 ,752.98, for the period August 28, 1983, through September 10, 1983, be approved. Total : $2,002,202.42 Treasurer's Report - August 31 , 1983 = 6.16 Total Treasurer' s Accountability - $15,844,464.65 a Iv Claims for Damage and Personal Injury - 1st Hearing 65 Katherine Clum - Claim for Personal Injury filed 8/26/83 y Recommend denial and refer to Insurance Carrier C, ` Farmers Insurance Group on behalf of Jerry Tugel - Claim for Damages ,0 Yo filed 9/6/83 p4° Recommend denial and refer to Insurance Carrier Award of Bid - Aluminum Light Standards City Manager recommends that Bid Schedule No. 1474, aluminum light � �0 standards , be awarded to Norcal Electric Supply in the amount ofIII ?I' $22,896, sales tax included. 026 ,Agreement - re Operation of Lake Redding Power Project t}› Electric Director recommends that the Mayor be authorized to sign an 010- agreement among the City of Redding, U.S. Bureau of Reclamation, and '�D 9/19/83 241 , Western Area Power Administration which provides for operation of Lake Redding Power Project and a method of determining the reduced genera- tion of power at Keswick Dam. He advised that the agreement also provides for a method of payment for the reduced generation, by an exchange of power from the City of Redding to Western. Annexation Request No. 83-6 - Highway 44 Planning Director recommends that Annexation Request No. 83-6, Highway 44, by Ron Munk, be referred to various City departments for review and comment. /47.- /5-6—/& i Set Public Hearing - re Amendment to "A" Special Agricultural Combin- ing District Planning Director recommends that a public hearing be set for 7:30 P.M. , October 3, 1983, to consider an amendment to the Municipal Code to the "A" Special Agricultural Combining District. L-o/o- 500 -50 • Set Public Hearing - re Development Agreement with Marshal Worley Planning Director recommends that a public hearing be set for 7:30 P.M. , October 3, 1983, to consider an amendment to the development F> agreement between the City of Redding and Marshal Worley to allow 4. construction of Victor Avenue to Hartnell Avenue rather than to Rancho i Road. L-0/o -/do-030 i Set Public Hearing - re Rezoning Application RZ-16-83, by City of Redding Planning Director recommends that a public hearing be set for 7:30 P.M. , October 17, 1983, to consider Rezoning Application RZ-16-83, by City of Redding. L-0/o - 23O 1 rlIll- Resolution - re Lot Line Adjustment LS-52-83 Planning Director recommends that Resolution No. 83-181 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-52-83, by James Sullivan and Esther Mardon. L. -o/a-iso Resolution - re Acceptance of Airpark Drive Public Works Director recommends that Resolution No. 83-182 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation the southerly extension of Airpark Drive. S-o VO-,-Z.90 Award of Bid - Construction of Municipal Airport Runway Overlay Public Works Director recommends that Bid Schedule No. 1475, con- struction of Municipal Airport Runway overlay, be awarded to Redding Constructors in the amount of $1 ,143,710, subject to receiving formal approval from FAA. N:5. -05d o02 0Resolution - re Back-up Traffic Signal MaintenancePublic Works Director recommends that Resolution 83-183 be adopted, a resolution of the City Council of the City of Redding approving an agreement with the State of California Department of Transportation for maintenance of City-owned traffic control signals. T-o 80- Sao Rejection of Bid - Renovation of Old City Hall Public Works Director recommends that the sole bid from Gary Mitchell Construction Co. of Redding, for Bid Schedule No. 1479, renovation of Old City Hall , be rejected as a non-responsive bid., ,d -os-a-oad Agreement - re Maintenance of Heating and Air Conditioning at Civic Auditorium City Attorney recommends that an agreement be approved with Bob Moon • 9/19/83 • i 242 r I i C i Heating and Air Conditioning covering maintenance of the heating and air conditioning equipment at the Civic Auditorium, under the same terms as last year. /3-o/o - oa a Lease Agreement - Grazing Land by Alton Chatham City Attorney recommends approval of a one year extension to a lease r agreement with Alton Chatham, which allows Mr. Chatham to use City property known as the old Enterprise Sewage Treatment Plant property for grazing purposes. C. - d7c- /o d Resolution - re Runway Overlay Improvements at Redding Municipal Airport Airport Manager recommends that Resolution No. 83-184 be adopted, a resolution of the City Council of the City of Redding accepting grant offer under Project No. 3-06-0194-02, for runway overlay improvements at Redding Municipal Airport, and authorizing the City Manager to execute acceptance of such grant offer. y -/o a -o a MOTION: Made by Council Member Demsher, seconded by Council Member Kirkpatrick, 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 83-181 , 83-182 , 83-183, and 83-184, are on file in the office of the City Clerk. • WRITTEN COMMUNICATIONS ,)- Communication from Laymen' s National Bible Committee - re Bible Week A letter was received from Reuben Gums of the Laymen' s National Bible Committee, Inc. requesting that a proclamation be issued for Bible Week. A -osu- oCoo-(ood ` The City Clerk indicated that the group has been advised that it is the City Council ' s policy not to make proclamations which do not directly involve the City of Redding. Mayor Gard concurred with this policy and reiterated that the Council would take no action on this request. Councilman Demsher suggested that the Council communicate to Mr. Gums that the City has had this policy for a long time and it has been a good policy. He said the Council has also felt that religious matters are inappropriate for the City to become involved in. Request From Gary Stokes - re Bond Payoff on Hartnell Avenue Assess- ment District A letter was received from Gary Stokes requesting that he be allowed to collect interest on the bond payoff amount for the Hartnell Avenue Assessment District while it is on deposit with the City. He advised that the City Treasurer has taken the position that the City will receive the interest for approximately three months while the money is on deposit. A memorandum from the City Manager to the City Council , dated September 15, 1983 , is also incorporated herein by reference. Mr. Michael Wells, attorney representing Mr. Stokes, addressed Council and advised that he has reviewed the report from the City Manager which explains the 1915 Act Improvement Bond transaction procedure. Mr. Wells stated he is not challenging the legality of the procedure 9/19/83 243 but pointing out the inequity involved. He felt that normally, bond payoff fees would not be this significant, but since this amount is over $40,000, the interest over a three month period is significant. In response to an inquiry from Councilman Kirkpatrick, Mr. Courtney explained the situation. He stated that when the Hartnell Avenue Assessment District bonds were initially sold and the assessment rolls were created, only two large parcels existed, one of which was con- trolled by Mr. Stokes et al . He said this parcel was later divided and aldivision of assessment was done. The County then claimed they did not have proper notification of this division and failed to bill Mr. Stokes for his assessment of $339,800.16. Because of this over- sight Mr. Courtney said it was necessary for the City to advance monies from the general fund to pay bond coupons when they became due and the interest earnings on this money is not recoverable. Mr. Courtney pointed out that Mr. Stokes did have the benefit of the interest earnings on his unpaid assessment billing for many months prior to the County and the City discovering that this assessment was not paid. A - Mr. Courtney suggested that if the Council deviates from the 1915 Act Impro�uement Bond policy, it will be difficult to deny other such requests. He also pointed out that even if the City waived this policy the staff time involved in calculating the costs for the payoff transaction would be significant. Counclilman Kirkpatrick proposed that the costs for these calculations could be charged to the property owner. Mr. Courtney advised that this is a possibility but he is not certain it could legally be done. Special Bond Counsel Sperry said he believes the costs incurred for ti calculating the payoff costs could be lawfully charged to the person making the request. Councilman Kirkpatrick asked if it is necessary that Council make a decision tonight. Mr. Courtney advised that the deposit is required to be made by October 1 , but the decision could be delayed to the first City Council meeting in October. At t;he request of Mr. Kirkpatrick, this matter was held over until October 3, 1983, for further information from staff. Mayor Gard commented that the City debated for a long time about using this method of bond payoff and she is concerned about changing the policy and adding to the paperwork burden. %-/ -osU-a_oo Letters and Petitions re Proposed Ultralight Airpark - Kutras Park Severaliletters and a petition were submitted to Council pertaining to the establishment of an ultralight airpark in the Kutras Park area. Also submitted was a packet of information from the Planning and Community Development Director, including an ordinance adopted by the City of Roseville regarding ultralights. Mr. Perry advised that no formal request has been received regarding the ,establishment of an ultralight airpark in the City, although it is his understanding that a request has been made to the F.A.A. and the Division of Aeronautics. He said that until an application is re- ceived, there is no action to be taken by Council unless they would choose to instruct the Planning Commission to study the matter. 9/19/83 c - • _ 244 . 3 Councilman Demsher said it is fairly clear that an application is forthcoming for a permit to establish an ultralight airpark area and felt the Planning Commission should begin to study the matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick instructing the Planning Commission to study the possibil- ity of the establishment of an ultralight airpark in the City of , Redding. The Vote: Unanimous Ayes 4- 670_ Did IIE Application for Cardroom Permit - Jaclyn Sue Chandler City Clerk Nichols advised that Jaclyn Sue Chandler has applied for a • Cardroom Permit. Her application was submitted to Council along with a memorandum from the Police Chief. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the issuance of a Cardroom Permit for Jaclyn Sue Chandler to operate the Casino Club in partnership with Mr. Wayne Harris and Mr. Bob Pleines. The Vote: Unanimous Ayes L -D 70-03 d PUBLIC HEARING - re Greenback Lane Street Assessment District No. 1983-7 The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Greenback Lane Street Assessment District No. 1983-7. The following documents are on file in the office of the City Clerk: 1. Certificate of Filing - Boundary Map Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement Affidavit of Publication - Notice of Improvement Affidavit of Publication - Notice Inviting Bids The City Clerk advised that no written protests have been received. Special Bond Counsel Sperry submitted the documents for filing and e adoption relative to the Greenback Land Street Assessment District. Mr. Bill Spain, Keswick Dam Road, was opposed to including Keswick Dam Road in the assessment district. He indicated that he was not asked whether he wanted to be included. He added that ten years ago he was assessed for the construction of Keswick Dam Road and does not feel that he should be reassessed for widening it now. He submitted a letter detailing reasons for the protest signed by Sandra K. Spain. Associate Civil Engineer Hastings explained that Mr. Spain lives on the northeast corner of Greenback and Keswick Dam Road. He added that all of Greenback Lane is proposed to be improved but only the north side of Keswick Dam Road. Mr. Hastings stated that there was a single lot owner on Keswick Dam Road who requested to include this widening in the district and it was determined that this would tie in an island area with this assessment district and the recently-completed Calexico Drive improvements. He advised that the assessment spread was based on how many square feet of frontage improvements were received. Mr. Hastings commented that there are several good sized oak trees on the west side of Greenback Lane which would have to be removed so the lir project was designed to eliminate widening that side, thereby result- ing in a savings to all the property owners in the district. He explained that the reason Mr. Spain's assessment is higher than the opposite corner is because a portion of the curb and gutter had already been installed by the other property owner and their assessment was thereby less. 9/19/83 245 Mr. Jerry Horrocks , 3438 Keswick Dam Road, said he lives on the opposite corner from Mr. Spain. He asked if a water line will be installed on Keswick Dam Road and if so who will pay for it. Mr. Hastings advised that there will be a water line and it will be paid for by the City. —111 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Councilman Kirkpatrick, Public Works Director Arness advised that Mrs. Hanson, the property owner immedi- ately to the east of Mr. Spain on Keswick Dam Road, asked to be included in the district and it was determined to include her property as it would tie both the Greenback Lane assessment district and the Calexico assessment district together. Mr. Spain' s property was thereby also included. Mr. Arness pointed out that even though Mr. Spain did not sign the petition, more than 50% of the property owners were in favor of forming the district, in accordance with the Chapter 27 assessment district proceedings. The following documents were filed and adopted: Resolution - Overruling Protests MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-185 be adopted, a resolution of the City Council of the City of Redding overruling protests in Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard —111 Noes: Council Members - None Absent: Council Members - None Resolution No. 83-185 is on file in the office of the City Clerk. Amended Engineer' s Report Resolution - Approving Amended Engineer's Report MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-186 be adopted, a resolution of the City Council of the City of Redding approving amended engineer' s report for Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-186 is on file in the office of the City Clerk. Resolution - Authorizing Change Orders MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-187 be adopted, a resolution of the City Council of the City of Redding authorizing change orders in Greenback Lane Street Assessment District No. 1983-7. 111 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-187 is on file in the office of the City Clerk. 9/19/83 246 Negative Declaration MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Council make the following findings re Greenback Lane Street Assess- ment District No. 1983-7: 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, ratifies the Negative Declaration approved by the Board of Administrative Review on August 24, 1983. The Vote: Unanimous Ayes Resolution - Awarding Contract MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-188 be adopted, a resolution of the City Council of the City of Redding awarding the construction contract to the lowest responsible bidder, Drumm Construction Co. , Inc. , whose bid price is $57,443.80, for Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-188 is on file in the office of the City Clerk. Notice of Award of Contract PUBLIC HEARING - re Planned Development Application PD-1-83, by Don Duryee, et al The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Planned Development Application PD-1-83, by Don Duryee, et al . The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated September 15 , 1983 The City Clerk advised that no written protests have been received other than the one included in the Council packets and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 15, 1983 , which is incorporated herein by reference. He stated that the Planning Commission has • recommended approval of PD-1-83, proposing to develop 90 manufactured housing units on 23 acres generally located north of Hawley Road, east of Twin View Boulevard, and west of Churn Creek. A map of the area was shown on the Vu Graph. Mr. Perry advised that the Board of Administrative Review recertified EIR-4-79 for the project, which was the environmental impact report on the Upper Churn Creek Plan and the Churn Creek Manor Subdivision. It is the recommendation of both the Planning Commission and staff that the rezoning be approved as recommended, that EIR,-4-79 be recer- tified for PD-1-83, and that the attached ordinance be offered for first reading. 9/19/83 247 It is further recommended that certain findings be made in accordance with the Government Code of the State of California and in accordance with State CEQA Guidelines. Mr. Perry noted the one letter of opposition from John & Muriel Dobbs which states that their property overlooks the subject property and they feel it would be a detriment to the area. Mr. Perry explained that a condition of the development is that awnings shall have non-reflective roofing and wood siding or wood-like and masonry siding. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes Mayor Gard said she feels there is a need for this type of development as long as it is appropriately conditioned as this project is. Councilman Demsher emphasized that the ability for many people to own homes depends on this type of development. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that EIR-4-79 be recertified for PD-1-83. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1652 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 (PD-1-83) . MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that in accordance with the Government Code of the State of California, the City Council finds and declares that, as set forth in Government Code Section 66474, none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans. And, in accordance with Section 18.36.050 of the Redding City Code, Council makes the following findings: 1 . That the number of units and the improvements proposed will not overburden the capacity of drainage channels, utility lines, or ; streets. 2. That the density and design of the project is compatible with adjoining development. 3. That there are no unmitigated substantial adverse environmental impacts. 4. That the development shall conform with the goals and objectives of the General Plan. 5. That the development accomplishes the objectives of the "PD" District. 111 The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that in accordance with Section 15091 of the "State CEQA Guidelines," it is a recommended that the Council find that changes or alterations have been required in, or incorporated into, the project which avoid or 9/19/83 '' 248 substantially lessen the significant environmental impacts as Iden- : tified in the final EIR. The Vote: Unanimous Ayes 4„ - e)/0 - .2.,/.6 PUBLIC HEARING - re Rezoning Application RZ-14-83, by Gregory Lenser and the City of Redding The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-14-83, by Gregory Lenser and 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 September 16, 1983 The City Clerk advised that no written protests have been received other than those included in the Council packets, and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 16, 1983 , which is incorporated herein by reference. He stated that the Planning Commission has recommended rezoning of property located at 1439-1465 Riverside Drive from "R-3" Multiple-Family Residential District to "F-3-20" Multiple- Family Residential District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. Letters opposing the rezoning were also submitted to Council . Mr. Perry indicated that at the Planning Commission public hearing, there were several residents who submitted the attached petition and spoke in opposition to the rezoning. He said the primary concern of the residents was additional allowed uses such as a boarding house and increased density. Mr. Perry explained that the "R-3-20" zoning eliminates the boarding house issue and redudes the permitted density by one half which would bring the zoning into conformance with the General Plan. He added that at the public hearing, several residents indicated that the "R-3-20" zoning would be acceptable. It is the recommendation of both the Planning Commission and staff that the area be rezoning to "R-3-20," that the negative declaration be ratified, and an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton i that Council makes the following findings re Rezoning Application RZ-14-83, by Gregory Lenser and the 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. and, ratifies the Negative Declaration approved by the Board of Administrative Review on August 3, 1983. The Vote: Unanimous Ayes 11111 Councilman Fulton offered Ordinance No. 1653 for first reading, an ordinance of the City Council of the City of Redding amending Section 9/19/83 249 •• 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-14-83) . _a 36 PUBLIC HEARING - re Amendment of the Municipal Code Pertaining to the "AA" Accessory Apartment Combining District The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re amendment of the Municipal Code Adding Chapter 18.45 , "AA" Accessory Apartment Combining District. 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 and the Mayor ascertained that there were no protests from the floor. • Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 15, 1983, which is incorporated herein by reference. He stated that the Planning Commission has recommended amendment of the City Code to provide for accessory apartments in certain "R-1" Single-Family Residential areas through creation of the "AA" Accessory Apartment Combining District. He explained that the need for this ordinance was created by SB 1534 which is intended to encourage cities and counties to allow develop- ment of second units on single-family zoned lots. Mr. Perry outlined the mandates of the legislation, as well as the options considered by the Planning Commission. Mr. Perry advised that the Planning Commission opted for Option 2, the creation of a combining district, wherein the rezoning would be required prior to creation of second units. However, once the rezon- ing is in place, most second units would be permitted outright. It is the recommendation of the Planning Commission and staff that the negative declaration be ratified and that an ordinance be offered for { first reading. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council makes the following findings re amendment of the Municipal Code pertaining to the "AA" Accessory Apartment Combining District: 1 . Project is compatible with the Redding General Plan and the Airport Area Specific 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, ratifies the Negative Declaration approved by the Board of Administrative Review on July 27 , 1983. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1654 for first reading, an ordinance of the City Council of the City of Redding amending amending Title 18 of the Redding Municipal Code by adding thereto Chapter 18.45, pertaining to "AA" Combining District--Accessory Apartments. L- o/0- 6,00- °2 y 9/19/83 250 PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-12-83, Woodhaven Homes Councilman Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re appeal of Tentative Subdivision Map S-12-83, Woodhaven Homes , by Ron Mygrant and Charles Hoisington. 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 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 16, 1983, which is incorporated herein by reference. He stated that the Planning Commission has approved the subdivision of property located generally south and east of Churn Creek and west of Alta Mesa Drive into 227 lots. A map of the area and the conditions of approval were submitted to Council . Mr. Perry advised that subsequent to that decision, the applicants submitted the attached letter appealing the in-lieu park fees. He listed the reasons the applicant gave for this appeal . Mr. Perry felt that the contributions being required for this subdivision are not extraordinary since they have already been required of other subdi- visions in the general area. It is the recommendation of staff that the appeal be denied. Mr. Ron Mygrant, 4350 Alta Campo, said this is an extraordinary situation in that they are providing a major public works project, the Victor Avenue bridge. He said the benefit of that bridge will be significant for all properties east of and along Alta Mesa, and much of the property in the Churn Creek bottom area. Mr. Mygrant said he feels the time is right for the bridge and they are doing it with a cooperative spirit in the hopes that it will resolve a problem for a large area of Redding. He said Marshall Worley, an adjacent property owner is participating in the overall Victor Avenue project and Mr. Mygrant suggested that the $200 per unit in-lieu park fees could be used for the access which will be a significant benefit to the general area and is only fair. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining Mayor Gard pointed out that without the City's participation in the Victor Avenue project and other projects in this area, development of Mr. Mygrants property and others in this area would not have been possible. She said the off-site improvements are not unusual for subdivisions that have development problems and if the Council con- sidered waiving the in-lieu park fees, it would have to change the ordinance and refund money to those who have developed properties under those standards. Councilman Demsher said if in-lieu park fees were waived in this case, it would set a precedent for future developments. 9/19/83 251 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the appeal be denied. The Vote: Unanimous Ayes with Councilman Pugh abstaining .g - 400 - ?oV PUBLIC HEARING - re Proposed Water Utility Rate Increase The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re proposed water utility rate increase. 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 two written protests have been received, from Donald Otley and Stuart Oliver. Public Works Superintendent Galusha reviewed the reports to Council pertaining to the proposed water utility rate increase and sewer charges. These reports, dated August 24, 25, and 29, are incorporated herein by reference. Mr. Galusha presented the recommended changes in the City' s revenue program to maintain the existing system and also to provide funding for the planning and construction of system improvements to provide capacity for new development. This program includes increased monthly water rates, adjustments of meter installation charges and connection fees , and adoption of a special benefit fee procedure. He noted that the last water utility rate increase occurred in 1977 and since 1978, operating expenses have exceeded revenues. Several tables and figures were shown on the Vu Graph. Mr. Galusha explained that the existing rate structure is a four step declining block rate, whereas the proposed new structure will have a fixed monthly service charge based on meter size and commodity rate. He summarized the impacts on single family homes, multifamily living units, and industrial and commercial users. The proposed amendment to the Municipal Code regarding other water related areas was presented by Mr. Galusha. He stated that in addi- tion to the meter service installation charges , staff has reviewed and recalculated connection charges. Lastly, Mr. Galusha presented a proposed ordinance adopting special benefit zone charges for water and sewer improvements. He stated that since 1980, the City has been assigning special water and sewer benefit charges to developing properties in areas where there are water or sewer system deficiencies. These special benefit fees have been applied to discretionary uses, such as lot splits, tentative maps, use permits, etc. Mr. Galusha indicated that the proposed amendments to the Municipal Code will formally establish these special benefit zone charges in all developmental circumstances. It is the recommendation of staff that a resolution be adopted estab- lishing water utility rates, that an ordinance be introduced concern- ing meter service installation charges and connection charges, and that an ordinance be introduced establishing special benefit zone j charges for water and sewer improvements. Tom Roach, owner and general manager of the Shasta Inn, said he protests this increase. He stated that because of the S.R. I. report which emphasized the low utility rates in the City of Redding, he and 3 9/19/83 252 his partners were enticed to purchase this property. He opposes the heavier burden placed on businesses and larger users. Maurice Johannessen, 747 Auditorium Drive, stated that the major portion of water meters are installed at the time the subdivisions are built; therefore, the "development charges" are basically for repair- ing the existing system rather than new development. He said he is disturbed that fees are raised in order to resolve the City' s finan- cial problems and feels this is only a temporary solution. He felt the City should look into other areas and find other ways to finance public projects. Discussion ensued regarding the fiscal constraints placed on local governments by the State. Mayor Gard noted that the general public used to subsidize development through property taxes prior to Proposi- tion 13. She emphasized that is is very important for the business community to know that this City must run like a business and util- ities must pay for themselves. She suggested that the general public should put pressure on the State government to subsidize public projects. Councilman Demsher emphasized that when the City passed the develop- ment fee ordinance several years ago, the City Council felt that new development should pay for the economic impact it causes. He stressed that Council would like to see new industry in this area but the residents do not feel they should have to pay for the impacts. Mr. Demsher maintained that utilities must pay for themselves and there is > no other way to do it. Bert Meyer, Meyer Motels, said he owns several motels in Redding and he objects to his bill going up. He said he doesn' t know if this is the most fair way to structure the rates. III Robert Brennan, 789 Delta, said he has a small house and a small yard and his monthly bill is about $20. He suggested raising rates for the larger users right away and leave the single family units as they are. 47 Councilman Kirkpatrick explained that the reason for using a three- phase rate increase is so that businesses can plan ahead and change prices accordingly to allow for the increase. r MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the public hearing be closed. The Vote: Unanimous Ayes i' Councilman Pugh expressed the hope that following this increase, the City can get back on a two-year increase program so that businesses and residents can plan for it. • Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that i Resolution No. 83-189 be adopted, a resolution of the City Council of the City of Redding establishing water utility rates for service to customers within the corporate limits of the City of Redding and the Buckeye Service Area. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and GardIII Noes: Council Members - None L Absent: Council Members - None T > r Resolution No. 83-189 is on file in the office of the City Clerk. r F L 1 '. 9/19/83 253 Ordinance Councilman Demsher offered Ordinance No. 1655 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 14.08 of the Redding Municipal Code by repealing Sections 14.08.010, 14.08.040, 14.08.070, 14.08.075, 14.08.130, 14.08.230, 14.08.310 and 14.08.370, and substituting therefor new Sections 14.08.010, 14.08.040, 14.08.070, 14.08.075, 14.08.130, 14.08.230, 14.08.310 and 14.08.370, pertaining to water. Ordinance Councilman Demsher offered Ordinance No. 1656 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 14.16 or the Redding Municipal Code by repealing Section 14.16.015 in its entirety and substituting therefor a new Section 14.16.015, pertaining to sewer. Councilman Demsher complimented Mr. Galusha for an "excellent piece of work" . 60 - 03o- c/d 0 VICTOR AVENUE BRIDGE ASSESSMENT DISTRICT NO. 1983-9 Special Bond Counsel Sperry submitted the following documents for filing and adoption: Petitions Certificate re Petition Resolution - Accepting Petitions MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-190 be adopted, a resolution of the City Council of the City of Redding accepting petitions for Victor Avenue Bridge Assessment District No. 1983-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-190 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-191 be adopted, a resolution of the City Council of the City of Redding approving the boundary map for Victor Avenue Bridge Assessment District No. 1983-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-191 is on file in the office of the City Clerk. Resolution - Approving Agreement for Engineering Services MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-192 be adopted, a resolution of the City Council of the City of Redding approving the agreement for engineering services with Evergreen Engineering Corporation for Victor Avenue Bridge Assessment District No. 1983-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard 1 Noes: Council Members - None Absent: Council Members - None 9/19/83 . 254 ` Resolution No. 83-192 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-193 be adopted, a resolution of the City Council of the City of Redding approving the agreement for legal services with Sturgis, Ness , Brunsell , and Sperry, for Victor Avenue Bridge Assessment District No. 1983-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-193 is on file in the office of the City Clerk. Resolution - Declaring Preliminary Intent MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-194 be adopted, a resolution of the City Council of the City of Redding declaring preliminary intent to form an assessment district and conduct special assessment proceedings for Victor Avenue . Bridge Assessment District No. 1983-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-194 is on file in the office of the City Clerk. 4-/70 - 0020-7Od WESTWOOD MANOR WATER ASSESSMENT DISTRICT NO. 1982-9 Councilman Pugh abstained from voting on this matter. Special Bond Council Sperry submitted the following documents for filing and adoption: Engineer' s Report Notice of Improvement III i Resolution - Accepting Report & Setting Hearing MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-195 be adopted, a resolution of the City Council of the City of Redding accepting the report and setting the hearing for 7:30 P.M. , November 7, 1983, for Westwood Manor Water Assessment District No. 1982-9. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 83-195 is on file in the office of the City Clerk. /9-/7o-i5 -f175 CANBY-HILLTOP-CYPRESS REDEVELOPMENT PROJECT - Settlement Proposal r At this time, Mayor Gard asked that the Redding Redevelopment Agency meeting be called to order for a joint session of the Agency and the City Council . iIII E At the hour of 10:26 P.M. , Chairman Pro Tem McDaniel called the Redding Redevelopment Agency to order and asked the City Clerk to call the roll . r Agency Members present: Limond, Van Dyke, Osgood, Waterhouse, and McDaniel . Agency Members absent: Williams and Green r E L r L • 9/19/83 255 • City Attorney Hays addressed both the City Council and the Redevelopment Agency regarding the proposed settlement agreement for the Canby-Hilltop- Cypress Redevelopment Project. He distributed copies of the agreement to Council and Agency members. Mr. Hays explained that under the terms of the agreement the County will receive 13.75% of the tax increment funds during the first ten years and 27.5% during all subsequent years of distribution of tax increment funds. He also advised that the Shasta Mosquito Abatement District will retain .28% of the tax increment funds for a period of 20 years. Mr. Hays advised that under redevelopment law, the Redevelopment Agency is bound to set aside 20% of the funds received for low and moderate income housing. He noted that the agreement also addresses funds for school districts within the project area that are diverted by tax increment financing. For pur- poses of division of property tax, he said, the 1980-81 assessment roll will be used. Mr. Hays also noted that this agreement dismisses appeals of lawsuits filed by the County. It is the recommendation of the City Attorney that the agreement be considered by the Redevelopment Agency and then by the City Council . MOTION: Made by Agency Member Limond, seconded by Agency Member 'Osgood approving a settlement agreement between the County of Shasta, the City of Redding and the Redding Redevelopment Agency, and dismissing appeals of lawsuits filed by the County, pertaining to the Canby-Hilltop-Cypress Redevelopment Project. Voting was as follows: Ayes: Agency Members - Limond, Van Dyke, Osgood, Waterhouse, McDaniel Noes: Agency Members - None Absent: Agency Members - Williams and Green MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving a settlement agreement between the County of Shasta, the City of Redding and the Redding Redevelopment Agency, and dismissing appeals of lawsuits filed by the County, pertaining to the Canby-Hilltop-Cypress Redevelopment Project. The Vote: Unanimous Ayes At the hour of 10:33 P.M. , the Redevelopment Agency adjourned and Mayor Gard declared a five minute recess. At the hour of 10:38 P.M. , the City Council meeting was reconvened. R-036-0s1) APPOINTMENT - Airports Commissioner Councilman Kirkpatrick abstained from voting on this matter. Mayor Gard recommended that Dorene G. Medina be appointed to the Airports Commission to fill the vacancy created by the resignation Dwayne Couts. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the appointment of Dorene G. Medina, to the Airports Commission, for the four-year term expiring May 1 , 1984. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining ,3 -0 g0- o/D ORDINANCE - Rezoning Application RZ-13-83, Located South of Caterpillar Road, East of the Southern Pacific Railroad Main-line, and West of Highway 273 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the full reading of Ordinance No. 1650 be waived, and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1650 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (RZ-13-83) . G -a/O- .284 9/19/83 256 4 ' E Voting was as follows: I Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard r Noes: Council Members - None Absent: Council Members - None F Ordinance No. 1650 is on file in the office of the City Clerk. E ORDINANCE - re Caterpillar Underground Utility District MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1651 be waived, and the City Attorney be instruc- ted to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Ordinance No. 1651 be adopted, an ordinance of the City Council of the City of Redding declaring a certain area of the City an underground utility district in accordance with the provisions of Chapter 14.04 of the Redding Municipal Code and requiring the removal of poles , overhead wires and associated overhead structures, within the boundaries of said district and fixing the time for said removal and the time within which property owners within the district must be ready to receive underground service. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1651 is on file in the office of the City Clerk. E- 096-aad' NATIONAL LEAGUE OF CITIES MEMBERSHIP Mayor Gard advised Council that the League of California Cities is a member 1 of the National League of Cities; however, a city has the opportunity to be Imuch more influential with regard to providing input and participating in policy making, if it is a "direct member city" of the National League of Cities. She noted that it would cost the City of Redding $1686 per year to ` be a direct member. L - o yd-ij -$id0 Ms. Gard indicated that recently, the National League has taken actions which do not conform to the best interests of the State of California or the City of Redding. She noted that many California cities dropped out of the National League and this has left control to the eastern states. It is therefore recommended that Council give approval for direct membership status for the City of Redding. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Redding become a direct member of the National League of Cities, at a cost of $1686 per year. The Vote: Unanimous Ayes Mayor Gard stated she will keep Council advised as to the effectiveness of this membership and Council can determine if it wishes to continue the membership. LEAGUE OF CALIFORNIA CITIES - Annual Conference Resolutions Mayor Gard submitted the League of California Cities Annual Conference Resolutions which will be considered on October 2 through 5 , 1983. She asked for a list of Council Members' concerns and/or comments on the proposed resolutions. This was an information item and no action was taken. ,l-0 Vo- /5-0 TEMPORARY FUNDING AGREEMENTS - Martin Luther King, Jr. Memorial Center, The III Center, and Consumers Aid of Shasta, Inc. Finance Director Downing advised that the Revenue Sharing Committee has met and considered all requests by outside agencies for the period September 1 , 1983 through August 31 , 1984; however, the report of the Committee has not yet been finalized. 9/19/83 1 T-- 257 Ms. Downing stated that the Martin Luther King, Jr. Memorial Center, The Center, and Consumers Aid of Shasta, Inc. have a critical need for funding at this time and, it is recommended that an amount equal to the monthly payments received in the prior fiscal year be continued until December 31 , 1983, or approval of the final committee recommendation. Councilman Fulton asked if there were any other agencies who are in dire need for funds at this time. Ms. Downing advised that no other agencies have applied for advance funding. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving temporary funding agreements for the Martin Luther King, Jr. Memorial Center, The Center, and Consumers Aid of Shasta, Inc. , and that an amount equal to the monthly payments received for each of these agencies in the prior fiscal year be continued until December 31 , 1983 or approval of the final Revenue Sharing Committee Report. The Vote: Unanimous Ayes /.30 .- SUMMARY OF CITY POWER PROJECTS Electric Director Lindley submitted a current summary of City of Redding Power Projects. Mayor Gard noted that this was a good report and she appreciates having it. This was an information item and no action was taken. /=, /.2 o SET PUBLIC HEARING - Development Agreement, Woodhaven Subdivision Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that a public hearing be set for 7:30 P.M. , October 3, 1983, to consider a development agreement between Charles Hoisington, Ron Mygrant and the City of Redding. The Vote: Unanimous Ayes with Councilman Pugh abstaining 0/0 — /Da-030 RESOLUTION - Lot Line Adjustment LS-47-83, by Dick Pulcini Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-196 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-47-83. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh . Resolution No. 83-196 is on file in the office of the City Clerk. 2..-0/0- so—c) PUBLIC WORKS PLANNING REPORTS - September 1983 Public Works Director Arness presented the Public Works Planning Reports for September 1983. 4- OSv -3 o a • DUSTY LANE DRAINAGE FACILITIES Public Works Director Arness advised that at the last Council meeting, he suggested that the property owners on Dusty Lane fund drainage improvements equal to those which are being installed by developers. He said after having a meeting with these property owners , they did not feel they had any obligation to share with the City on these improvements. Mr. Arness stated that the property owners feel that the upstream developers have caused additional runoff and that the problem will continue to increase. Mr. Arness stated that staff feels the flooding has been occurring for several years prior to any development in the area and property owners should share in the cost of the improvements. a 1 9/19/83 258 Wallace Maso, 1251 Dusty Lane, asked if Mr. Arness is suggesting that the abutting property owners provide the box culvert or maintain the capacity of the ditch? Mr. Arness responded that he proposes the City build a box culvert which would provide for the 25 year storm design and that the property owners be responsible for maintenance of the ditch. Peggy Hoist, 1261 Dusty Lane, advised that there was a minor flooding problem on Dusty Lane prior to upstream development, but each time there was additional development, more flooding occurred. She said there is no way the existing ditch will handle additional development. Jim Hoist, 1261 Dusty Lane, asked how abutting property owners would ensure the maintenance of the ditch. Mr. Arness said the ditch would have to be kept clear, possibly by building a concrete liner. Mr. Hoist contended that he would not take the responsibility for the • maintenance of the ditch until other property owners along the ditch assume the same responsibility for their portion. • Dorothy Allen, 1258 Dusty Lane, stated her yard has been flooding since 1958 when they bought the property and was a problem before they purchased • the property. r Mr. Maso returned to the podium and noted that there are no fewer than eleven culverts that are going to be diverted into the ditch along with the existing eight culverts. He emphasized that he had water two inches from his door last year. 4 Councilman Kirkpatrick stated that he has walked the property and in his opinion the new development has caused the problem. He said the problem was manageable before but now it is not and felt the City should spend the full $44,000 to correct the problem. Councilman Demsher said he is concerned about whether this would be an appropriate use of capital improvement funds and the fact that this may set a precedent, for other similar projects. Councilman Pugh stated that the problem has been there for years and feels the City should not be totally responsible for correcting the problem. He is concerned about setting a precedent. Mayor Gard said she can see using capital improvements funds to participate in an assessment district but there is no willingness on the part of the property owners to participate. Councilman Kirkpatrick contended that the EIR for Woodside Meadows said there was no significant impact, but it is that development that caused the problem downstream. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the City fund the entire project at a cost of approximately $44,000 to construct a box culvert on Dusty Lane and a concrete invert channel to match work being done by the developer of the Woodside Meadows Subdivision. Voting was as follows: Ayes: Council Members - Kirkpatrick and Fulton Noes: Council Members - Demsher, Pugh, and Gard Absent: Council Members - None This motion failed. 9/19/83 259 MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that staff review the problem again and consider the possibility of a joint venture between the property owners and the City, and submit a recommendation at the next regular Council meeting. The Vote: Unanimous Ayes 5-070-366 RESOLUTION - Acceptance of Calexico Drive Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-197 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Calexico Drive. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 83-197 is on file in the office of the City Clerk. 5 -670 -0236 ORDINANCE - re Wild Animals in the City of Redding 0 Councilman Pugh abstained from discussion on this matter. City Attorney Hays advised that the provisions of the City Code do not presently prohibit the keeping of wild animals. He recommended that an ordinance be offered for first reading which adds the words "keeping" and "keep" to Section 7.04.090 of the Code, thereby prohibiting anyone from maintaining wild animals within the boundaries of the City of Redding. Councilman Demsher offered Ordinance No. 1657 for first reading, an ordi- nance of the City Council of the City of Redding amending Chapter 7.04 of the Redding Municipal Code by repealing Section 7.04.090 of said Chapter and substituting therefor a new Section 7.04.090 of Chapter 7.04, pertain- ing to wild animals. Councilman Kirkpatrick stated that Mr. Stankus called him this afternoon in regard to this proposed ordinance. Mr. Kirkpatrick said Mr. Stankus feels the ordinance came about because of his inquiry about keeping a tiger in his garage. Mr. Kirkpatrick felt it is wrong to introduce an ordinance to specifically squelch a request of a citizen. City Attorney Hays advised that Mr. Stankus did not call his office for information about keeping wild animals , but it was as a result of Mr. Stankis' contact with the Department of Fish and Game and the Haven Humane Society that Mr. Little of the Humane Society contacted the City Attorney' s office. Mr. Hays felt the City would be in a precarious position if it allowed an individual to keep a wild animal in a residential neighborhood, and it would be difficult to get one out once it was there. Mayor Gard commented that the introduction of this ordinance will provide opportunity for public input before Council votes on its adoption on October 3, 1983. Tom Little representing the Haven Human Society, said he concurs with the City Attorney. He opposes the private ownership of wild animals , particu- larly in residential areas. R _730-i,s'd SUMMONS AND COMPLAINT The City Attorney advised that the following Summons and Complaint has been received: Barr, Newlan & Sinclair on behalf of Rafael A. Rivera vs. City of Redding et al No action was required. e -d Po - /a 9/19/83 260 CLAIM FOR DAMAGES - 1st Hearing Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Claim for Damages filed by Daniel Haleniak on September 12, 1983, be denied and referred to the Insurance Carrier. The Vote: Unanimous Ayes with Councilman Pugh abstaining e—o ?O - a .2 o ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Season's Friendly Eating Place (Sambo' s Restaurants Inc. ) 1335 Market Street The Swiss Colony (Kelly Combs) 1604 Market Street The Porthole Patio (Barbara Hester) 3471 South Market Street // -//o -/e/p Pacific Gas and Electric: Notice of Application to Revise Rates 5 -c)60 -3A-U Federal Energy Regulatory Commission: Request from Mega Hydro, Inc. to Terminate Preliminary Permit for Chinese Dam Power Project -/a a - d SO i' Shasta-Cascade Wonderland Association: Publicity f3 -436 - 03 G - 7Od ADJOURNMENT There being no further business , at the hour of 11 :30 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: (ZailkAG4 ag2",,,,4tAi Mayor ATTEST: ( fie C/' City Clerk 9/19/83