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HomeMy WebLinkAboutMinutes - City Council - 1983-11-07 297 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California November 7, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. The invocation was offered by Pastor Samuel Post (Rtd. ) , of the North Valley Baptist Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Pugh, and Gard. Council Members absent: Kirkpatrick Mayor Gard noted that Councilman Kirkpatrick was attending a funeral and would be at the meeting as soon as he could. Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Parks and Recreation Director Riley, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Associate Civil Engineers Hastings , and Aasen, Finance Director Downing, Senior Associate Planner Keaney, Airports Director Homan , Traffic Engineer-Planner Will , Accountant Masingale, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent + Calendar: Approval of Minutes - Regular Meeting of October 17, 1983 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 9, check nos. 94103 1 through 94421 inclusive, in the amount of $1,306,283.25, be approved a and paid, and Payroll Register No. 9, check nos. 182363 through 182938 inclusive, in the amount of $449,724.17, for the period October 9, through October 22, 1983 , be approved. Total : $1 ,756,007.42 Claims for Damage and Personal Injury - 1st Hearing Richard Grogan, Attorney on Behalf of Scott Sorenson - Claim for Personal Injury filed 10/31/83 Recommend denial and refer to Insurance Carrier (C-090-050) Paul Galea - Claim for Damages filed 10/13/83 Recommend payment in the amount of $225 (C-090-020) Request for Purchase - Caterpillar Engine #3208 (B-050-100) City Manager recommends that pursuant to Code Section 4.20.080, Council approve the purchase of one Caterpillar engine from Pacific School Bus Parts in the amount of $9,534.70, including sales tax. Resolution - Approving the Purchase of Eight Police Vehicles (B-050-100) City Manager recommends that Resolution No. 83-206 be adopted, a resolution of the City Council of the City of Redding authorizing the • Department of General Services of the State of California to purchase eight (8) 1983 police type vehicles for the City of Redding. 1 11/7/83 A i. 298 s F k Award of Bid - Standby Generator [ (B-050-100) City Manager recommends that Bid Schedule No. 1486, standby generator, be awarded to Cal-West Electric on its low bid in the amount of $10,031 .84, sales tax included. i Award of Bid - Single Phase, Pad Type Distribution Transformers (B-050-100) III City Manager recommends that Bid Schedule No. 1487, single phase, pad type distribution transformers, be awarded to RTE Corporation, the evaluated low bidder, in the amount of $50,880, sales tax included. Annexation Request No. 83-6 - Old Highway 44 i (A-150-164) Planning Director recommends that Council commence annexation proceed- ings for Annexation Request No. 83-6, Old Highway 44, subject to the property owners extending electric lines to the property when they desire electric service. It is further recommended that staff be authorized to contact the owners of vacant land to the west and to the south across Highway 44 for inclusion in the annexation. Resolution - Waiving Requirement for Parcel Map re Lot Line Adjustment LS-60-83, by Eugene Block 1, (L-010-150) kPlanning Director recommends that Resolution No. 83-207 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-60-83. Resolution - re Four-Way Stop at Mercury Drive & Galaxy Way (T-080-720) Public Works Director Arness recommends that Resolution No. 83-208 be adopted, a resolution of the City Council of the City of ReddingIII authorizing the installation of traffic control devices at the inter- section of Mercury Drive and Galaxy Way. Resolution - re Parking Restrictions in Caldwell & Lake Redding Parks (P-030-180, P-050-100, and P-050-270) Public Works Director Arness recommends that Resolution No. 83-209 be adopted, a resolution of the City Council of the City of Redding establishing new loading zones at Caldwell and Lake Redding Parks and rescinding Resolution No. 79-86 pertaining to existing loading zones. Resolution - re Stop Signs on Gold Street (T-080-720) Public Works Director Arness recommends that Resolution No. 83-210 be adopted, a resolution of the City Council of the City of Redding authorizing the installation of traffic control devices at the inter- section of Gold Street and Airpark Drive. Resolution - re Parking Restrictions in Dirt Area Between State Route 273 and Westside Frontage Road (P-030-250) Public Works Director Arness recommends that Resolution No. 83-211 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times within the dirt area north of West- wood Avenue between State Route 273 and Westside Frontage Road. III Resolution - re Stop Sign on Beltline at Caterpillar Road (T-080-720) Public Works Director Arness recommends that Resolution No. 83-212 be adopted, a resolution of the City Council of the City of Redding 1 11/7/73 A 299 authorizing the installation of traffic control devices at the inter- section of Beltline Road and Caterpillar Road. Resolution - re Stop Sign on Girvan at Eastside Road (T-080-720) Public Works Director Arness recommends that Resolution No. 83-213 be adopted, a resolution of the City Council of the City of Redding authorizing the installation of traffic control devices at the inter- section of Eastside Road and Girvan Road. Resolution - re Approval of Projects at Benton and Redding Municipal Airports (A-090-020 and A-090-100) Airports Manager recommends that Resolution No. 83-214 be adopted, a resolution of the City Council of the City of Redding approving the following projects at the Redding Municipal Airport and Benton Airpark: 1 . A sun shelter, 10-place T-hangar and concrete pad at Redding Municipal Airport. 2. A 5-place T-hangar at Benton Airpark. It is further recommended that Council make the following findings re the construction of a new ten-place hangar for aircraft and the relocation of six existing portable aircraft hangars located at the Redding Municipal Airport: 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 Adminis- 1 trative Review on February 2, 1983. 1 And, that Council make the following findings re the construction of a five-place T-hangar on property located at the Benton Airpark: 1 . Project is compatible with the Redding General Plan. 1 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, y California. and, ratify the Negative Declaration approved by the Board of Adminis- trative Review on May 11 , 1983. Award of Bid - Library Park Modifications and Construction of Old City (B-050-020 and P-050-300) ' Hall Park Public Works Director and Planning Directors recommend that Bid Schedule No. 1489, Library Park modifications and construction of Old City Hall Park, be awarded to McEntire Landscaping on its low bid in the amount of $42 ,144. This project is funded under the Jobs Bill Program with Community Development Block Grant funds. It is further recommended that Council make the following findings re the construction of Old City Hall Park: 1 . Project is compatible with the Redding General Plan. 1 1 3 11/7/83 300 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 Adminis- trative Review on June 15, 1983. Agreement - Materials Testing for Construction of Municipal Airport Runway Overlay (A-090-100) Public Works Director recommends that the City Manager be authorized to execute an agreement with Materials Testing and Inspection (MTI) providing materials testing for the runway overlay contract at Redding Municipal Airport awarded September 19, 1983. Acceptance of Final Map and Improvements -Los Robles Hills Subdivi- sion, Unit No. 2 (S-100-445) Public Works Director recommends that the improvements, with the exception of the street, in Los Robles Hills Subdivision, Unit No. 2, be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution - re Abatement at 1743 Willis Street (A-030-070) City Attorney recommends that Resolution No. 83-215 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the Barber property, 1743 Willis Street. FResolution - Ordering Abandonment of Portions of Sonoma & West Streets (A-010-100) City Attorney recommends that Resolution No. 83-216 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of portions of Sonoma and West Streets on the southwest corner of said intersection (A-5-82) , and ratifying the negative declaration. Resolution - Summarily Vacating a Portion of Mary Street (A-010-100) City Attorney recommends that Resolution No. 83-217 be adopted, a resolution of the City Council of the City of Redding summarily vacating a portion of Mary Street north of Overhill Drive (A-9-80). Resolution - re Amendment to FAA Grant AIP Project No. 3-06-0194-01 (G-100-070 and A-090-100) City Attorney recommends that Resolution No. 83-218 be adopted, a resolution of the City Council of the City of Redding accepting Amendment No. 3 to the AIP Project No. 3-06-0194-01 and authorizing the City Manager to execute said amendment. Resolution - re Amendment to FAA Grant AIP Project No. 3-06-0194-02 (G-100-070 and A-090-100) City Attorney recommends that Resolution No. 83-219 be adopted, a resolution of the City Council of the City of Redding accepting Amendment No. 1 to the AIP Project No. 3-06-0194-02 and authorizing the City Manager to execute said amendment. Airports Commission Vacancy (B-080-010) City Attorney recommends that, pursuant to Section 2.44.030 of the 11/7/73 _ - - 301 Redding Municipal Code, the Council , through its Mayor, declare a vacancy on the Airports Commission and proceed to fill the vacancy created by Roland Burk' s inability to meet residency requirements. Amendment to Agreement - Cascade Window Cleaning (A-070-020) City Attorney recommends that an amendment to an agreement with Cascade Window Cleaning be approved to provide additional window • cleaning services to the City Hall complex at a cost of $185 per service, making the total annual cost $2 ,440. Parking and Business Improvement Area Budget - 1984 (M-010-200-050) City Clerk recommends approval , pursuant to Section 6.18.030 of the Redding Municipal Code, of the Parking and Business Improvement Area Budget for 1984 as recommended by the Advisory Board. Resolution - Authorizing Destruction of Documents (A-050-055) City Clerk recommends that Resolution No. 83-220 be adopted, a resolu- tion of the City Council of the City of Redding authorizing the destruction of certain records. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. 1 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution Numbers 83-206 , 83-207, 83-208, 83-209, 83-210, 83-211 , 83-212 , 83-213, 83-214, 83-215, 83-216 , 83-217, 83-218, 83-219, and 83-220, are on file in the office of the City Clerk. 1 WRITTEN COMMUNICATIONS Petition Opposing the City' s Proposal re Dusty Lane Drainage (S-070-300 and S-100-820) ' A petition was received opposing the City's proposal to correct a drainage problems on Dusty Lane, which was determined at the October 1 3rd Council meeting. Public Works Director Arness advised that since this petition was submitted, the City has received the local contribution for this project and letters assuring that the needed right of way will be given to the City. He also noted that the bid opening for the project is scheduled for November 15, 1983. Letter of Endorsement from Haven Humane Society - re Wild Animal Ordinance (A-130-150) A letter was received from the Haven Humane Society endorsing without reservation, the action of the Redding City Council in adopting Ordinance No. 1657, restricting the keeping of wild animals within the City limits. Communication from Rene Laliberte, Silver Wing Flight Specialties - re Ultralight Airport in City of Redding (A-090-010) A letter was received from Rene Laliberte of the Silver Wing Flight Specialties advising that due to public criticism regarding Park a 11/7/83 R � 302 Marina Lake being designated as an ultralight airpark by the FAA, they have decided to withdraw their application. He indicated that they will continue to seek a suitable place to accommodate air recreational vehicles. Letter of Resignation - Parks and Recreation Commission (B-080-350) A letter was received from Eugene 0. Michelson advising that due to personal and business reasons he must resign from the Parks and Recreation Commission effective immediately. Mayor Gard noted that Mr. Michelson has served on this Commission for a very long time and has been a very loyal member. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh accepting the resignation of Eugene 0. Michelson from the Parks and Recreation Commission effective immediately. The Vote: Unanimous Ayes Vulcan Tour Bicycle Committee - Letter of Appreciation (A-050-060) A letter was received from Jeff Roake, race director of the Vulcan Tour Bicycle Race, thanking the City for its cooperation in their efforts to bring international caliber bicycle racing to Redding. He also advised that plans for next year' s edition of the Vulcan Tour are already unfolding. As a member of the Vulcan Tour Bicycle Committee, Councilman Demsher commented that a lot was learned by this first race and said this could become one of the major Fall events in Redding each year. He said they received outstanding support for the event and the support given by the City was essential . He noted that out of the 140 partic- ipants, ten or twelve stand a good chance of making the U.S. Olympic Team. WOODSIDE PARK ASSESSMENT DISTRICT NO. 1983-10 Special Bond Counsel Sperry submitted the following documents for filing and adoption: V (A-170-050-900) Certificate re Petition Resolution - Accepting Petition MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-221 be adopted, a resolution of the City Council of the City of Redding accepting the petition in Woodside Park Assessment District No. 1983-10. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None • Absent: Council Members - Kirkpatrick Resolution No. 83-221 is on file in the office of the City Clerk. Certificate of Title Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-222 be adopted, a resolution of the City Council of the C 11/7/73 303 City of Redding approving the boundary map for Woodside Park Assessment District No. 1983-10. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 83-222 is on file in the office of the City Clerk. Resolution - Approving Agreement for Engineering Services MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-223 be adopted, a resolution of the City Council of the City of Redding approving the agreement for engineering services with Frederick H. Pizzi Engineering & Surveying, Inc. , for Woodside Park Assess- ment District No. 1983-10. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 83-223 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-224 be adopted, a resolution of the City Council of the City of Redding approving the agreement for legal services with Sturgis, Ness, Brunsell & Sperry, for Woodside Park Assessment District No. 1983-10. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 83-224 is on file in the office of the City Clerk. Resolution - of Intention MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-225 be adopted, a resolution of the City Council of the j City of Redding of intention to order improvements in Woodside Park Assess- ment District No. 1983-10. 1 Voting was as follows: 4 Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 83-225 is on file in the office of the City Clerk. GREENBACK LANE STREET ASSESSMENT DISTRICT NO. 1983-7 Special Bond Counsel Sperry submitted the following documents for filing and adoption: (A-170-120-250) Paid and Unpaid List Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-226 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid in Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick 11/7/83 k 304 Resolution No. 83-226 is on file in the office of the City Clerk. Resolution - Authorizing Issuance of Bonds MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-227 be adopted, a resolution of the City Council of the City of Redding authorizing issuance of bonds for Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick • Resolution No. 83-227 is on file in the office of the City Clerk. Resolution - Ordering Sale of Bonds to E. W. Cook MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-228 be adopted, a resolution of the City Council of the City of Redding ordering sale of bonds to E. W. Cook for Greenback Lane Street Assessment District No. 1983-7. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 83-228 is on file in the office of the City Clerk. AIRPORTS LAND USE COMMISSION - Appointment of Representatives (B-080-650-010) Mayor Gard advised that the Board of Supervisors recently provided for the reorganization of the Airport Land Use Commission and recommended the appointments of Councilman Kirkpatrick and Airports Manager Homan to represent the City of Redding on the Commission. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh confirming the appointments of Councilman Kirkpatrick and Airports Manager Homan to represent the City on the Airport Land Use Commission. The Vote: Unani- mous Ayes COUNTY COMMUNITY ACTION AGENCY ADVISORY BOARD - Appointment of Representa- tive (B-080-650-635) Mayor Gard recommended that Councilman Lee Fulton be appointed to represent the City of Redding on the County Community Action Agency Advisory Board. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the appointment of Councilman Lee Fulton to the County Community Action Agency Advisory Board. The Vote: Unanimous Ayes ORDINANCE - re Rezoning Application RZ-16-83, by City of Redding, Sunshine Homes Subdivision, Unit 2 (L-010-230 and S-100-725) Councilman Pugh abstaining from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, that the full reading of Ordinance No. 1663 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Ordinance No. 1663 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-16-83) . 11/7/73 305 Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh Ordinance No. 1663 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-17-83, by City of Redding, East of Victor Avenue, South of Hartnell Avenue, and North of Churn Creek (L-010-230) Councilman Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, that the full reading of Ordinance No. 1664 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ordinance No. 1664 be adopted, a resolution 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-17-83). Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh Ordinance No. 1664 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-18-83, by City of Redding, Northeast Corner of Victor Avenue and Highway 44 (L-010-230) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, that the full reading of Ordinance No. 1665 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that Ordinance No. 1665 be adopted, a resolution 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 18 83) . {{ Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Ordinance No. 1665 is on file in the office of the City Clerk. PROPERTY ACQUISITION - Adjacent to Sacramento River (C-070-010) Planning and Community Development Director Perry advised that a 7.1 acre parcel located adjacent to the Sacramento River at the west edge of the City has been offered for sale to the City for $17,500. He noted that the property is classified as "Greenway" on the General Plan and is located where Buenaventura Boulevard would cross the river if that road were to be built. Mr. Perry indicated that the Planning Commission has recommended the acquisition and found it to be consistent with the General Plan. It is the recommendation of the Planning Commission and staff that the City Attorney be authorized to proceed with the acquisition and that the Mayor 11/7/83 306 be authorized to sign the necessary documents. Mr. Perry noted that this action will require a supplemental appropriation at a later date. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh authoriz- ing the City Attorney to proceed with the acquisition of a 7.1 acre parcel located adjacent to the Sacramento River, at a price of $17,500, and that the Mayor be authorized to sign the necessary documents. The Vote: Unanimous Ayes Mayor Gard commented that this falls within the City' s long-range plans to acquire at a reasonable price, all the land it can for future use and access to the Sacramento River by the citizens of the community. She said it is a wonderful heritage to leave to the community. PROJECT RECOGNITION PROGRAM - Establishment of Award Program (A-050-250) Planning and Community Development Director Perry reviewed his memorandum to Council dated November 3, 1983. He stated that the Planning Commission has recommended that the City establish a program to recognize outstanding private projects within the City during a given 12-month period. Mr. Perry suggested that the Planning Commission would be an appropriate body to instigate such a project, and could possibly include representatives from other commissions or committees. Mr. Perry outlined the recommended categories and suggested some possible guidelines to implement the program. He emphasized that the ultimate purpose would be to give special recognition to those individuals who are improving the quality of life and appearance of the community and to encourage better projects. Mayor Gard stated she felt this was a great idea and wondered about the possibility of setting up a committee consisting of perhaps two represen- tatives each from the Parks and Recreation Commission, the Planning Commis- sion, the Civic Arts Commission, and the community at large. Councilman Demsher concurred and suggested that the committee also include some staff people who could receive or make recommendations. He also suggested that the committee could possibly meet twice a year. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton author- izing staff and the Planning Commission to prepare guidelines for the proposed project recognition program. The Vote: Unanimous Ayes AIRPORT AREA SEWAGE TREATMENT PLANT - Site Analysis and Draft EIR (W-010) Councilman Pugh abstained from voting and discussion on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated November 2, 1983, which is incorporated herein by refer- ence. He stated that as a follow-up to the recently completed Regional Sewage Study of the Central Shasta County area and the earlier Redding Airport Area Wastewater Alternatives, proposals were requested and received from four local engineering firms to proceed with the identification of a site or sites suitable for construction of a wastewater treatment plant. Copies of the request for proposals were submitted to Council . Mr. Perry pointed out that a second treatment plant will eventually be required south of the Airport to serve the east side of the community. He suggested that rather than spending an inordinate amount of money to improve the west-side interceptor and Clear Creek plant system, that the City consider development of a phased treatment plant collector system on the east side. r- 11/7/73 307 Mr. Perry explained that the first step in evaluating such a plant is to identify potential sites from both an engineering and environmental per- spective. He advised that four firms submitted proposals and each proposal was evaluated on price, engineering capability, relevant experience, understanding of the local decision-making process and issues, public presentation, knowledge of proposed projects in the area, writing ability, understanding of the EIR process, and potential concerns of area residents. After evaluating the proposals from these perspectives, it is the recommen- dation of staff that Sharrah-Nolte be retained to do the work. It is the recommendation of staff that the City Manager be authorized to execute a contract with Sharrah-Nolte in an amount not to exceed $54,936. Mr. Perry noted that this will require a supplemental appropriation at a later date. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the recommendation of staff as hereinabove stated. The Vote: Unani- mous Ayes with Councilman Pugh abstaining SAFEST ROUTE TO SCHOOL PROGRAM (G-100-170 and T-080) 1 The final report on the City of Redding Safest Route to School Program was submitted to Council for information. Planning Director Perry explained that the main objective of the report is to develop safer walking and bicycling practices for children on their way to and from school . He noted that the project was sponsored by a grant to the City from the State Office of Traffic Safety and was managed by the City' s Traffic Engineer Doug Will . Mayor Gard commented that the program was a very positive thing and con- gratulated Doug Will for a job well done. She noted that it will be interesting to see the assessment of the project. PUBLIC HEARING - re Westwood Manor Water Assessment District No. 1982-9 (A-170-150-950) 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 Westwood Manor Water Assessment District No. 1982-9. The following documents are on file in the office of the City Clerk: Certificate of Filing Boundary Map with County Recorder Certificate of Mailing Notice of Improvement Certificate of Posting Notice of Improvement 1 Affidavit of Publication of Notice of Improvement The City Clerk advised that several letters of protests have been received and submitted to Council , as well as a petition opposing the acquisition of the water system. She also noted that two additional pages of signatures were submitted this evening. Special Bond Counsel Sperry stated that a resolution was prepared and submitted before his office was aware of the extent of the objections as noted by the City Clerk. Mr. Sperry explained that it appears that the list of residents opposing the project is substantial and possibly constitutes opposition of more than 50% of the property owners. He advised that if it is determined that there is a majority protest, unless those protests are withdrawn before the close of the public hearing, it would be necessary to have a 4/5 vote of the Council to • overrule the protests. Therefore, it is Mr. Sperry' s recommendation that this public hearing be continued until Council Member Kirkpatrick arrives so that he may hear the testimony. • 11/7/83 308 s City Attorney Hays stated that it would be appropriate for Council to make a motion to defer the meeting until a time later this evening when Councilman Kirkpatrick arrives. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher • that the public hearing concerning Westwood Manor Water Assessment District No. 1982-9 be temporarily deferred until later this evening. The Vote: Unanimous Ayes with Councilman Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-19-83, by City of Redding (L-010-230) • 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 Rezoning Application RZ-19-83, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Planning Commission recommendation dated November 4, 1983 The City Clerk advised that no written protests have been received other than those included in the Council 's packets. The City Clerk also pointed out that the proper notices have been mailed to property owners, however, the notice of public hearing was not published properly in the newspaper. City Attorney Hays stated that since the property owners and prin- cipals in the matter have received notices, this deficiency could be waived unless the principals, who are present this evening, object to such a waiver. Mayor Gard asked if anyone objected to the waiver. Hearing no objec- tions , Council proceeded with the hearing. Jim Fisher, attorney representing the Woodwards and the Grauels, asked that this public hearing also be delayed until Councilman Kirkpatrick arrived to hear the entire matter. Richard Asbill , attorney representing the developers , indicated that he saw no reason to delay the hearing. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher temporarily delaying the public hearing concerning Rezoning Applica- tion RZ-19-83, to a later time this evening. Voting was as follows: Ayes: Council Members - Demsher and Fulton • Noes: Council Members - Gard Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh ALCOHOLIC BEVERAGES IN CITY PARKS (A-110-100) Parks and Recreation Director Riley advised that the Parks and Recreation Commission reviewed a communication from Regis Halter regarding the condi- tions and requirements of the ordinance prohibiting consumption of alco- holic beverages in City parks. Mr. Riley noted that Mr. Halter also appeared before the Commission to request that the insurance requirements be waived for responsible citizens when they apply for a permit to serve alcoholic beverages during their respective parties. 11/7/73 309 Mr. Riley indicated that the Commission members discussed at length the various options and unanimously agreed that the present conditions of the existing ordinance are fair and equitable, and that the intent of the ordinance has been effective while trying to control alcohol-related problems in the parks. In response to a request by Mayor Gard, Mr. Riley briefly reviewed the present procedure. He also noted that the cost of insurance for a one day event is approximately $50 to $100. Mr. Riley estimated that the actual cost of clean-up could be between $50 and $150 depending on the size of the activity. He said most organizations have been very cooperative about cleaning up. Councilman Fulton emphasized that a large activity such as the Asphalt Cowboys cannot be compared to a family picnic. Mayor Gard voiced concerns that the $300 cleaning deposit prohibits some groups from using the parks. She indicated that she is in favor of the insurance and clean-up deposit but she seriously questions the amount. Mayor Gard felt the deposit could be tied to a more realistic figure. Councilman Fulton noted a letter from the Chair of the Parks and Recreation Commission indicating that she is also concerned about the $300 clean-up deposit and felt it is excessive for such things as weddings and family gatherings. Councilman Demsher indicated that he doesn't have a great concern about the $300 fee but felt it could be waived in some circumstances and that pos- sibly some groups could be asked to sign a clean-up agreement. He felt the • insurance requirement is a reality. Councilman Pugh felt if the fee structure is based on the nature of the activity, it would have to be a flat rate. He also suggested a smaller deposit with an agreement to pay actual costs. l Mayor Gard suggested that the matter be referred back to the Parks and Recreation Commission for a serious look at the clean-up fee. f In response to aquestion from Councilman Demsher, Mr. Rileydvised that P the situation in the parks gets better each year; there are less problems < and less numbers of beer permits issued. He added that only three requests for use were withdrawn due to the cost of the deposit. City Attorney Hays advised that people could be held legally responsible for paying clean-up costs but there is the added problem of administering such a plan. Mr. Demsher said he would like to investigate the possibility of a discre- tionary permit program. MOTION: Made by Councilman Demsher, seconded by Councilman Demsher refer- ring the matter back to the Parks and Recreation Commission for a more realistic deposit requirement. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - November 1983 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for November 1983. . CITY LANDFILL SALVAGE PROGRAM - People of Progress (S-020-550) Public Works Director Arness submitted a report prepared by Associate Civil 11/7/83 a 310 Engineer Hastings as a progress report on the recycling demonstration program operated at the City Landfill by People of Progress. He said the response to the program has been positive. Mayor Gard commented that this amount of material that is not going into the landfill is commendable. Pavetra Crimmel , 2012 El Reno Lane, said they have tripled the income at the gate since they have been there and the program is working effectively. She said they are not making great amounts of money but are covering expenses. As far as cardboard recycling is concerned, she emphasized that they need machinery to make it feasible. Ms. Crimmel said they need a baler and the power to run it. Mr. Arness briefly discussed the disposal of tires in the landfill . He indicated that there is a great deal of fuel value in tires but as yet the City is not in a position to process them and is presently burying them. Mr. Arness concurred with Ms. Crimmel that there is a meaningful market for cardboard. Since it was necessary for Councilman Pugh to abstain from voting on the remaining items on the agenda, he left the meeting at this time. CONTRACT - Churn Creek Road and Highway 44 Grade Separation Project (S-070-100) Public Works Director Arness advised that the City has requested proposals from four local engineering firms to prepare the construction drawings for the extension of Churn Creek Road from Mervyn' s to the realigned Dana Road. The Request for Proposal packet as well as the basic fees proposed by the consultants were submitted to Council . Mr. Arness noted that this project is not included in the 1983-84 budget but the City will be refunded by the Redding Redevelopment Agency and an assessment district is proposed for the area benefitted by this project. It is the recommendation of staff that, based on familiarity with the work area, proposed submittal schedule, and price, the City Council authorize the City Manager to enter into a contract with the firm of Sharrah-Nolte & Associates, Inc. to perform that work described in the Request for Proposal and/or further defined in their proposal . MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the recommendation of the Public Works Director as hereinabove stated. ? The Vote: Unanimous Ayes RESOLUTION ACCEPTING STREETS AND ACCEPTANCE OF IMPROVEMENTS AND FINAL MAP - (S-100-808 and S-070-230) • Woodhaven Homes Subdivision, Block A and Unit No. 1 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council accept the improvements in Woodhaven Homes Subdivision, Block A and Unit No. 1 as satisfactorily completed, and that the City Clerk be in- structed to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-229 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation portions of Vega and Silverwood Streets in the Woodhaven Homes Subdivision, Block A and Unit I. k 11/7/73 311 Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick and Pugh Resolution No. 83-229 is on file in the office of the City Clerk. SUMMONS AND COMPLAINTS: City Attorney Hays advised that the following Summons and Complaints have been received: (C-090-100) Sean Rowe and Gary Rowe vs. City of Redding et al Claim for Personal Injury Barr, Newlan & Sinclair, Attorneys on Behalf of Alice Gerard vs. City of Redding et al - Claim for Personal Injury Will Hawes, Attorney on Behalf of Lou Emma Rosser and Robert Rosser vs. City of Redding et al - Claim for Personal Injury Marshall Mayer, Attorney on Behalf of Floyd and Dorothy Anderson vs. City of Redding et al - Claim for Damages John V. Tasello vs. City of Redding et al Claim for Deprivation of Civil Rights Fisher & Wyatt, Attorneys on Bahalf of Sidney Ina Lane vs. City of Redding et al - Claim for Personal Injury City Attorney Hays advised that the following claims have been settled by the City Insurance Carrier: Farmers Insurance Group on Behalf of Jerry Tugel - Claim for Damages filed 9/6/83 Settled in the amount of $1 ,288.56 (C-090-020) Thomas D. Patrick, Attorney on Behalf of Linda Sellers - Claim for Personal Injury filed 4/14/83 Settled in the amount of $182.25 (C-090-050) The above matters were for information only and no action was required. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: A-110-140) Webbers (Joseph Caporusso & Wayne Webber) 2181 Hilltop Drive MEETING RECESS - 9:10 P.M. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the Council meeting be recessed to conduct the business of the Redding Housing Authority. The Vote: Unanimous Ayes METTING RECONVENED - 9:20 P.M. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the meeting and public hearings be reconvened at this time. The Vote: Unan- imous Ayes Councilman Demsher stated he would like to reconsider the motion to wait for Councilman Kirkpatrick prior to conducting to consider the public hearing regarding Rezoning Application RZ-19-83, and that the hearing 11/7/83 312 proceed in his absence. He suggested that if the Westwood Manor Assessment District hearing requires Mr. Kirkpatrick' s presence, perhaps Council should continue the hearing to another date and time. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council proceed with the public hearing re RZ-19-83. The Vote: Unanimous Ayes (L-010-230) III Councilman Fulton noted that he is becoming increasingly more concerned about Council Members excusing themselves from voting due to conflicts of interest and this may warrant looking into. Councilman Fulton asked for a report from the City Clerk about the number of abstentions by Council Members. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that following the hearing on the Rezoning that the hearing concerning Westwood Manor be conducted. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-19-83 (L-010-230) 4 Planning and Community Development Director Perry reviewed his memo- randum to Council which is incorporated herein by reference. He stated that the Planning Commission has recommended amendment of the site plan review criteria pertaining to property located at 2701 Eureka Way in the "CO-F" Office District. Maps of the area were shown on the Vu Graph and several illustrations were posted on the wall . Councilman Kirkpatrick entered the meeting at this time. 4 Mr. Perry explained that the rezoning was initiated by the PlanningIII Commission as a follow-up to approving a subdivision, due to concerns voiced by residents to the south. The residents were concerned about building-heights which could cause loss of view or loss of privacy and since the limits were established by the City Council in 1970, the Commission opted to reconsider the issue through amendment of the site plan review criteria rather than attaching conditions to a lot split. Mr. Perry also noted that the Commission was concerned with the potential aesthetic impact of 40-foot-high buildings above and along Eureka Way. Mr. Perry pointed out that, as advertised, on the site plan review criteria can be amended at this time. He advised that the Planning Commission recommended the following changes in the site plan review criteria: 1 . Reduced the potential maximum height of any building from 40 feet to 30 feet. 2. Defined parking and building areas on the property. 3. Whether or not the subdivision was recorded, the potential building floor area was spread onto five locations rather than being able to concentrate in one or two locations with larger buildings. III 4. Created an effective building setback along Eureka Way of approx- imately 85 feet. 5. Established maximum cut slopes. 6. Reduced setbacks from residential district from 50 feet to 30 or P 20 feet, depending on building height. This was to compensate for reducing the building height. 'r 11/7/73 313 Mr. Perry advised that these changes were essentially agreed to by the applicant, but not by the adjoining property owners as to building height and the setback from the residential area. If the Council concurs with the action of the Commission, it is recommended that the negative declaration be ratified and staff be directed to prepare an ordinance to amend the site plan review cri- teria for introduction at the next meeting. Mr. Perry noted that the City does not have an architectural review process but may say how high and how wide a building can be. Councilman Kirkpatrick said that from reading the minutes from the 1970 public hearings, this appears to have been a zoning that was a result of a compromise. Mr. Perry advised that the Planning Commission felt that way but he is not sure it was a real compromise. Jim Fisher, 1347 Walnut, attorney representing the Woodwards and the 6 Grauels, took issue with several of the site plan review criteria f recommended for the project. He stated that the height limitation and A building setbacks for Lot D of the proposed project will have a dramatic effect on their views and their life styles. Mr. Fisher felt that when the R-1 zoning for the 7-acre parcel was considered in 1970, the western portion of the parcel was lost in the shuffle and no height limitation was imposed. Mr. Fisher submitted a letter outlining their counter-proposal , which is incorporated herein by reference. These proposed changes pertained to site plan review criteria numbers 2 , 3 , 5 , and 6, and added a new condition number 13. He proposed a maximum elevation for all lots, not to exceed 708 feet; building setbacks not less than 50 feet when they are adjacent to residential property, 25 feet of which should be landscaped; and, certain parking and lighting limitations. Mr. Fisher felt that the impact would be mitigated with these proposed changes. Mr. Fisher also pointed out the substantial impact the existing dental mall has on people driving along Eureka Way and emphasized that the proposed project consists of five new buildings, some of which are as large and larger than the existing dental mall . He felt that a further examination of the project by an EIR or some other type of review is necessary. Mr. Fisher indicated that his clients are not opposed to the project but feel that any views of Mt. Shasta are precious and should be preserved. He added that the number of home- owners are few but the impact on their views and loss of privacy is great. • Ben Harris, 930 Sierra Vista Drive, said he does not represent anyone here tonight but is an interested resident of the City and felt he could add some background to the hearings in 1970, since he was the Planning Director at that time. He said the rezoning in 1970 was a very sensitive issue. Mr. Harris indicated that at the latter part of the public hearing process , the hearings basically dealt with the eastern portion of the property. He felt the Planning Commission, City Council , and staff did a grave injustice to the neighbors in that area in respect to the western side of the property. It was the opinion of Mr. Harris that the western portion of the property, was overlooked and equal restrictions should have been applied on both sides of the property. - 11/7/83 F 314 F r L r In answer to a question from Councilman Fulton, Mr. Harris advised that the rezoning included the entire area, however, the height limit was only applied to the eastern side. Richard Asbill , 3665 Altura, attorney representing the developer, stated he was present at the time the rezoning was addressed in 1970 and it has been said that in some manner, the developer misrepresented the project. He referred to previous Planning Commission minutes III which indicated that the building heights and setback requirements were well known to everyone during the hearings. Mr. Asbill contended that a review of the minutes will indicated that it was well con- sidered as part of a compromise and adopted by the City Council . He said concepts were designed by staff to provide some guidance to the Planning Commission and the City Council as to how this property might develop and their concerns were more for the public view from Eureka Way as an entrance to the City. Mr. Asbill stated that the developer agreed that a setback of 85 feet would be provided on Eureka Way. Mr. Asbill emphasized that the developers did not misrepresent what was to be built. He felt that private and individual views are not properly a concern of the Commission or the City Council and for i people to forever protect their views, they would need to acquire surrounding property. Mr. Asbill felt that to change the site plan review criteria as proposed by Mr. Fisher would not be consistent with P development along Eureka Way. Linda Arenchild, 2706 Foothill Blvd. , said she lives just south of the dental mall . She said she attended the public hearings for the dental mall and the requirements sounded reasonable at the time. However, when the building was constructed, it seemed much closer than they anticipated. She said when they asked the Planning Department about i it, they were told that nothing could be done at that point in time. III Ms. Arenchild indicated that the project had a great impact on their lifestyle but they have adjusted to this and regained some of their privacy by planting trees and other screening methods. However, she noted that the parking lot for the dental mall has become a popular i gathering place between midnight and 3 A.M. and she has had to call the police several times. Ms. Arenchild's primary concern is that when Council makes a decision, environmental and other factors must be i followed and adhered to. Vi Klaasen, 595 Mary Street, indicated she has no immediate interest in the project but she does live in that area. She said she attended i the 1970 hearings and remembers some of the concerns. Ms. Klaasen emphasized that there is a lot of difference between looking over a house the same height as you own and something twice as high. She felt the green area at the dental mall is inadequate and is not what was intended in 1970. Also, Ms. Klaasen stressed that conditions are different now than they were ten years ago. She pointed out that we have lived with the dental mall for this period of time and know the impacts it has caused. Ms. Klaasen also noted that she felt the subject property was an appropriate place for residential development but the decision was made to rezone the property to commercial . Bernie Bryson, 1644 East Street, representing the developers, statedIII they requested a lot split consistent with the existing zoning and a compromise was reached concerning a reduced building height and reduced setbacks. He said it is not feasible to meet the limits proposed by Mr. Fisher and the suggestion to excavate to increase building heights would necessitate grading 17 feet off the top of the 11/7/73 315 hill . He emphasized that there is not one area where the restrictions are more liberal than for R-1 zoning, even though the C-0 district is normally a transition between the R-1 and more intense uses. Mr. Bryson stated that the Planning Commission had concerns about the impact on people entering Redding along Eureka Way. He felt the project was the result of good planning and respects the rights of the property owners. Mr. Fisher interjected that their proposal would only require about five feet of grading to accommodate the 708 foot elevation limit. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Mayor Gard contended that the previous public hearings on this parcel are not relevant to the current request. She emphasized that it is Council ' s obligation to impose good planning practices, and to make the best decisions it can based on current conditions. Ms. Gard pointed out that Council has the right to "up-zone" as well as "down-zone" and apply site plan review criteria , and it also has the obligation to do what it feels is right. She emphasized that there are no guarantees that a developer will make the maximum profit from a 4 piece of property. Ms. Gard noted that conditions are quite different now than they were in 1970 and Council has an obligation to preserve vistas. She feels a 30 foot height in an R-1 zone is obscene and inappropriate. It was the opinion of Ms. Gard that while the Planning Commission considered this project very well , she would make changes in their recommendation. She stressed that the building location for Lot D should be changed to the other side of the parcel , the height limit for Lots C and D should be lowered, and the height limit for Lots A and E should be a maximum of 30 feet. Councilman Demsher concurred with Mayor Gard and stated he was new to the neighborhood when the dental mall was built and felt some of the anxiousness of the neighbors. He maintained that something could have 3 been built which was more appropriate to the area. Mr. Demsher remarked that it is one of Council ' s responsibilities to protect views and visual impacts from time to time. He concurred that a 708 foot elevation limit is reasonable but the lot by lot limitation is open to negotiation. Councilman Kirkpatrick concurred that regardless of what took place 13 years ago, it is Council 's obligation to act on the request before them at this time. He agreed with the 708 foot elevation limitation. Councilman Fulton also concurred with the 708 foot elevation limit but noted that nothing has been said about the setbacks. He suggested that possibly the Planning Commission should reconsider the proposed changes in height limitations as well as setback requirements. Planning and Community Development Director. Perry advised that set- , backs and height limitations were both considered by the Planning . Commission and therefore the Council would not be required to refer these matters back to the Commission before making a decision. Mayor Gard emphasized that this project points out the need for architectural review by the City. Mr. Bryson contended that the 708 foot limitation has never been discussed by the Planning Commission. The City Attorney clarified 11/7/83 -- 316 that he doesn' t believe there is any need to refer the application back to the Planning Commission since elevations were discussed. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick amending Condition No. 2 of the site plan review criteria to stipulate maximum building height is not to exceed 30 feet or an elevation of 708 feet whichever is more restrictive; and, amending Condition No. 3 requiring a minimum setback of 30 feet from any residential district; and, instructing the City Attorney to prepare the necessary ordinance. The Vote: Unanimous Ayes City Attorney Hays clarified that this setback is from parcel property lines, regardless of where they are, and does not refer to the set- backs on Eureka Way. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council make the following findings re Rezoning Application RZ-19-83, by City of Redding: 1 . Due to the nature of the property, some degree of grading is expected regardless of building-height limitation. 2. The potential gross floor area is a function of off-street parking that can be provided for the type of use proposed. 3. The basic zoning of the property, which identifies uses that may be placed on the property is not at issue. 4. Streets, access points , and property lines were defined as part of the lot-split process. and, ratifies the negative declaration approved by the Redding Plan- ning Commission on September 13, 1983. The Vote: Unanimous Ayes PUBLIC HEARING - Westwood Manor Water Assessment District No. 1982-9 (A-170-150-950) Special Bond Counsel Sperry addressed Council at this time and advised that it has been determined that approximately 43% of the area to be assessed have signed a petition opposing the acquisition of the water system. He noted that further review of the signatures for duplica- tion, etc. could reduce the percentage further. Mayor Gard noted that a number of annexations have been initiated based on the Westwood Manor Annexation and asked the Planning Director if these annexations would be affected if the Westwood Manor area is de-annexed from the City of Redding. Mr. Perry advised that they may, however he would have to verify that on maps. Chick McNeel , 6589 Southgate Drive, asked how Mr. Sperry arrived at the 43% figure. Associate Civil Engineer Hastings explained the method of calculation. Bob Elkins, 2150 Meadowbrook Drive, asked what is included in the area and Mr. Hastings advised the area includes all but the school . Mr. Elkins indicated that he circulated the petition opposing the acquisi- tion of the water system but explained that they got a late start and many people were not at home. Jerry Beidleman, 6372 Leonard Drive, said he does not feel the City has been completely honest with the people in the Westwood Manor. He P y�(r 11/7/73 317 ; said the letter he received from the City indicated that the acquisi- tion of the water system was a requirement of annexation but it did not state the cost. He said the Gore's have one standard of assess- ment and the property owners have another. Mr. Beidleman felt that the assessments should be based on the amount of water used. He proposed that if the property owners would have known how much it was going to cost, they wouldn't have agreed to annex. Mr. Beidleman felt he has paid his share for all utilities when he purchased his home. Mr. Perry indicated that he did send two letters to the property owners in the area on 6/8/82 and 8/18/82 and both included the engi- neer' s estimate of costs to acquire the water system. Mr. Hastings explained the method of calculation for the assessments. Mr. Beidleman stated that it was his understanding that Mr. Gore was not going to be assessed for the vacant commercial property next to the shopping center. He also said they were in the City for two months before they knew they were in and from the very beginning, he was not notified of any public meetings. Grace Feuerhelm, 6432 Leonard Drive, said the City of Redding has not been fair with the people in Westwood Manor and felt the residents should have had an opportunity to vote on the annexation. She said the assessment district was set up inappropriately and questioned the need to acquire the water system at all . Ms. Feuerhelm indicated she is not necessarily opposed but feels gypped out of her democratic rights. Mr. Perry explained that annexations are controlled by State laws and when a petition is received from 50% or more of the property owners in an area, the City must proceed with annexation proceedings. He indicated that a petition for annexation was received from approxi- mately 408 people which qualified the area for the initiation of annexation proceedings under State law. Mr. Perry also explained that the Board of Supervisors and LAFCO did publish notices of the proceed- ings in the Record Searchlight and added that the City of Redding sent notices of this evening's public hearing to each property owner. Ms. Feuerhelm contended that the only reason she knew she was in the City was that she called the County and they advised that the annexa- tion was effective on August 9, as far as they could tell . She said all agencies involved were confused. Ms. Feuerhelm said that even though the proper steps may have been taken, the property owners were not notified of what was going on and many of the residents were not aware of the proceedings. She indicated that many people do not read the legal ads in the newspaper and many do not subscribe to the newspaper at all . Terry Alvord, 2075 Glenrose Drive, stated he was one of the people on the committee to annex Westwood Manor and emphasized that they made certain that they presented all the facts to the people. He said 65% of the people signed the petition, only 11% were opposed and 24% did not respond. Mr. Alvord pointed out that this is the last annexation where the City will be buying the electric system and stressed that the savings in electric rates will more than make up for the cost of acquiring the water system. In answer to a question from the audience, Special Bond Counsel Sperry explained that if Council proceeds with this assessment district, each property owner has 30 days to pay that assessment in whole or in part in cash without interest. However, if they choose not to pay cash, they could pay their assessment in installments over a period of 15 9a 11/7/83 F 318 I* 10 5%. Mr. Sperry added that payments years at an interest rate of p y p Y would be approximately $100 per year. Dan Rizzi , 2053 Wilder Drive, said he is in favor of the annexation and will be looking forward to better police and fire protection and City power. Jim Elkins , 3060 Montabello Drive, said the petition committee did a III good job, however, the petitions said we were interested in the possibility and feasibility of becoming a member of the City of Redding. He does believe that the majority are in favor of the annexation but the majority are opposed to the water district. He felt there was inadequate notice of public hearings. Mr. Elkins emphasized that it is important to note that all utilities have been paid for. He suggested an, alternative would be for the Pinal Water r Company to give the system to the City and continue to operate the system while the City provides the other services. He added that if the City still wants the water system, it should buy it. Mr. Perry explained that there were two petitions circulated, one by the residents expressing interest and one by the City to initiate the annexation. Mayor Gard pointed out that the City now requires all new annexations to form an assessment district to acquire electric facilities, but since this annexation was initiated in 1980 and then delayed, the Council did not levy that requirement. Ray Cates, 6752 El Camino, said the water system is probably worth the $280,000 price but his main concern is the method of payment. He questioned the authority for the City to form an assessment district. Mr. Sperry explained that the authority is the 1911 Improvement Act. III Councilman Demsher explained that when the Enterprise area was annexed to the City of Redding, they had a long standing public utility district for which the people had paid through taxation and bonding. When the annexation occurred the ownership transferred to the City of Redding. He said in the case of Westwood Manor, the water system is in an area outside the City of Redding and is owned and operated by a private water district which is not allowed to operate in the City of Redding. He believes the trade off in Westwood Manor of a water Ii system for the advantages of lower electric rates and other services i is a fair trade and the assessment district proceedings are a fair way to spread the cost. Mr. Cates said there are some people in the audience who are hesitant to come forward and have asked him to express that the petition opposing the water assessment district is not a bid for de-annexation but most of the people who signed the petition are looking for an alternative. Councilman Kirkpatrick noted that this annexation has been going on since 1980 and has been a long, drawn-out process. He said communica- tion was not what it should have been by all agencies. He emphasized that this was not done intentionally even though all obligations have been fulfilled. Mr. Kirkpatrick apologized for this and expressed theIII hope that communication will improve in the future. Mrs. Schwagerl , 6753 South Gate, said the 43% of the people who signed the petition opposing the assessment district do want to come into the City. t 11/7/73 319 M O1 1I In answer to a question from Councilman Demsher, the City Attorney advised that the cost of electric systems is generally more costly • than water systems. City Manager Courtney answered a question from the audience regarding the method of arriving at a cost for the water system. He explained that several appraised value figures were considered and the City also looked at depreciated book value. He said the prevailing practice in California is to purchase systems at current or replacement cost value and the price was a compromise price of $280,000. Mr. Cates asked what alternative do the residents have to purchasing the water system. Mayor Gard advised Mr. Cates that since the purchase of the water system is a requirement of annexation, the only alternative available is de-annexation. She asked the City Attorney to explain the de-annexation procedure. Mr. Hays advised that de-annexation is something that normally is not done, however, he would presume that the process would be much the same as annexation only in the reverse. William Swickard, 6506 Leonard Drive, complained that the petition to acquire the water district was so worded that the only choice you had was to say "yes" , and there was no place to indicate "no" . He also questioned the quoted price of $371 ,000 for the water district. Mr. Hays explained that the letter to property owners was framed upon the fact that the annexation and the purchase of the water system are the same and the choice does not exist to have one without the other. Mr. Kirkpatrick explained that the property owners who did not sign 5 the letter were considered a "no" vote for annexation. Gene Schwagerl , 6753 South Gate questioned the $371 ,000 purchase price of the system. Mr. Sperry explained that the total purchase price for the water G system, including $280,000 plus $16 ,800 to organize the assessment district, is $296,800. He noted that the price of $371 ,000 which was quoted in one of the notices was incorrect but the individual assess- ments were correct. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Mayor Gard noted that it was this Council which required the purchase of the water system and that the residents are not being asked to do anything that is unusual . She said this is a common procedure. Mr. Sperry advised Council that since they do not have a majority protest, they may proceed with the resolution overruling protests. Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-230 be adopted, a resolution of the City Council of the City of Redding overruling protests in 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 - Pugh 11/7/83 1 4 _ 320 y Resolution No. 83-230 is on file in the office of the City Clerk. Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 83-231 be adopted, a resolution of the City Council of the City of Redding approving the report and assessment and ordering the acquisition. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 83-231 is on file in the office of the City Clerk. ADJOURNMENT There being no further business , at the hour of 11 :20 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: 1 �, c.( . or ATTEST: ebe.e % ms 's City Clerk ks I 11/7/73