HomeMy WebLinkAboutMinutes - City Council - 1983-11-21 321
City Council , Regular Meeting
Police Dept. & Council Chambers
Redding, California
November 21 , 1983 7:00 P.M.
The Pledge of Allegiance to the Flag was led by City Attorney Hays.
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, Elec-
tric Director Lindley, Housing and Redevelopment Administrator Henson,
Finance Director Downing, Accountant Masingale, City Clerk Nichols , Deputy
City Clerk Strohmayer, and Minute Clerk Rupp.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent
Calendar:
Approval of Minutes - Regular Meeting of November 7 , 1983
Approval of Payroll and Accounts Payable Registers
(B-130-110)
Recommend that Accounts Payable Register No. 10, check nos. 94422
through 94682 inclusive, in the amount of $1,083,958.92, be approved
and paid, and Payroll Register No. 10, check nos. 182939 through
183532 inclusive, in the amount of $446,538.91, for the period October
23, 1983, through November 5, 1983 , be approved. Total : $1 ,530,497.83
Treasurer' s Report - October 31 , 1983
(B-130-150)
Total Treasurer' s Accountability - $14,535,992.53
Claims for Damage and Personal Injury - 1st Hearing
(C-090-020)
River Inn Motor Hotel - Claim for Damages filed 11/3/83
Recommend denial and refer to Insurance Carrier
Award of Bid - Three Phase, Pad Type Distribution Transformers
(B-050-100)
City Manager recommends that Bid Schedule No. 1488, three phase, pad
type distribution transformers, be awarded to the evaluated low
bidder, General Electric Supply Company, in the amount of $92,895.22.
Resolution - re Transfer and Paying Agent for Assessment District
Bonds
(A-170)
Finance Director Downing recommends that Resolution No. 83-232 be
adopted, a resolution of the City Council of the City of Redding
authorizing Bank of America National Trust and Savings Association to
act as Registrar, Transfer Agent, and Paying Agent in the transfer and
sale of assessment district bonds and authorizing the City Manager and
City Clerk to execute the agreement pertaining thereto.
Set Public Hearings - Rezoning Applications RZ-20-83, RZ-21-83, and
RZ-22-83
(L-010-230)
Planning Director recommends that public hearings be set for Rezoning
Applications RZ-20-83 (North Bechelli Lane) , by Church of Nazarene,
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RZ-21-83 (Wilson Avenue) , by City of Redding, and RZ-22-83 (Goodwater
Avenue) , by City of Redding, for 7:30 P.M. , December 5 , 1983.
Annexation Request No. 83-7 - Oasis-Akrich Roads
(A-150-165)
Planning Director recommends that Annexation Request No. 83-7,
Oasis-Akrich Roads, be referred to the affected City departments for
review and comment, and that staff be authorized to contact other
owners in the area to determine interest in annexation and to develop
a logical boundary.
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• Resolutions - re Annexation Request No. 83-3, Canyon Creek Road
(A-150-161 )
Planning Director recommends that Resolution No. 83-233 be adopted, a
resolution of the City Council of the City of Redding agreeing to
exchange of property tax revenues for uninhabited Annexation No. 83-3
to the City of Redding (Canyon Creek Road Area) .
It is further recommended that Resolution No. 83-234 be adopted, a
resolution of the City Council of the City of Redding consenting to
commencement of annexation proceedings and applying to LAFCO for
approval of the annexation to the City of Redding of uninhabited
territory designated City of Redding Annexation No. 83-3 (Canyon Creek
Road Area) .
Award of Bid - Dusty Lane Storm Drain Improvements
(B-050-02.0 and S-070-300)
Public Works Director Arness recommended that Council make the follow-
ing findings pertaining to the improvements to the Dusty Lane Storm
Drain:
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,
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California.
and, ratify the Negative Declaration approved by the Board of Adminis-
trative Review on November 9, 1983.
It is further recommended that Bid Schedule No. 1492, Dusty Lane Storm
Drain Improvements, be awarded to Tullis & Associates, Inc. , on its
low bid in the amount of $50,895.
Award of Bid - Downtown Street Tree Project
(B-050-020 and A-050-220-075)
Public Works Director Arness recommended that Bid Schedule No. 1493,
downtown street tree project, be awarded to North Valley Builders on
its low bid in the amount of $16,300.
Resolution - re Sun Shelter at Benton Airpark
(G-100-170 and A-090-020)
City Attorney recommends that Resolution No. 83-235 be adopted, a
resolution of the City Council of the City of Redding authorizing the
filing of Loan Applications for a sun shelter at Benton Airpark,
authorizing the City Manager to execute the appropriate documents and
approving the project, and ratifying the negative declaration.
Agreement - Shasta-Cascade Wonderland Association
(B-130-030-700)
City Attorney recommends approval of an agreement whereby the City of
Redding will pay $17,000 to the Shasta-Cascade Wonderland Association
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for promotion of the Redding area for fiscal year 1983-84; $7,830 of
this amount to be used to purchase word processing equipment.
MOTION: Made by Council Member Demsher, seconded by Council Member Pugh,
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 83-232, 83-233, 83-234, and 83-235, are on file in the
office of the City Clerk.
WRITTEN COMMUNICATIONS
Petition for Sanitary Sewer Improvements - Cedars Road Sewer Assess-
ment District No. 1983-6
(A-170-100-078)
A petition was received from property owners on Cedars Road requesting
the formation of assessment proceedings for the construction of
complete sanitary sewer improvements in the Cedars Road area.
With the concurrence of Council , this matter was referred to the
Public Works Director. 1
WESTWOOD MANOR WATER ASSESSMENT DISTRICT NO. 1982-9
(A-170-150-950)
The following document was submitted pertaining to the Westwood Manor Water
Assessment District No. 1982-9:
Resolution - Ordering Change of Proceedings
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher,
that Resolution No. 83-236 be adopted, a resolution of the City Council of •
the City of Redding ordering change of proceedings 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 - None
Abstain: Council Members - Pugh
Resolution No. 83-236 is on file in the office of the City Clerk.
APPOINTMENT TO PARKS AND RECREATION COMMISSION
(B-080-350)
Councilman Kirkpatrick abstained from voting and discussion on this matter.
Mayor Gard recommended that Vi Klaseen be appointed to the Parks and
Recreation Commission to fill the vacancy created by Eugene Michelson.
MOTION: Made by Councilman Demsher, seconded by Councilman Pugh appointing
Vi Klaseen to the Parks and Recreation Commission, her term to expire
May 1 , 1985. The Vote: Unanimous Ayes with Councilman Kirkpatrick ab-
staining
Councilman Demsher noted that he felt Mrs. Klaseen is an excellent choice.
WHISKEYTOWN POWER PROJECT - Contract Modification No. 3 to Brown-Boveri
Corporation
(E-120-070-825 and B-050-020)
Electric Director Lindley reviewed his memorandum to Council dated November
16, 1983, which is incorporated herein by reference. He stated that on
May 28, 1981 , Council awarded a "turnkey" contract for the construction of
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, the Whiskeytown Power Project to Brown-Boveri Corporation. Subsequently,
two contract modifications were also approved. Mr. Lindley said that the
proposed Contract Modification No. 3 will extend the deadline date and the
completion date for the project.
Mr. Lindley advised that Contract Modification No. 3 for the BBC Contract,
changes the November 30, 1983 deadline date to December 31 , 1983, and
provides for an extension of the project completion date to September 30,
1985, which is coincident with the anticipated completion of Western' s
transmission facilities.
Mr. Lindley detailed the changes to be established in Contract Modification
No. 3, if approved. He stated that the City Attorney has reviewed and
approved the form of the contract and it is staff' s recommendation that
Contract Modification No. 3 be approved and the City Manager to authorized
i to sign the document.
IMOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving
Modification No. 3 to the Brown-Boveri Corporation contract for the
r Whiskeytown Power Project and authorizing the City Manager to sign the
document. The Vote: Unanimous Ayes
TENTATIVE SUBDIVISION MAP S-20-83 - Rancho Saratoga Subdivision
(S-100-613)
t Council was advised that the Planning Commission has granted permission to
subdivide property located generally north of Rancho Road, east of Saratoga
Avenue, and west of Goodwater Avenue, into 48 lots described as Tentative
Subdivision Map S-20-83, Rancho Saratoga. A map of the area was shown on
the Vu Graph and Council was given a copy of the conditions of approval .
This was an information item.
TENTATIVE SUBDIVISION MAP S-22-83 - Lake Redding Hills
(S-100-423)
3 Council was advised that the Planning Commission has granted permission to
14 subdivide property located generally at the west end of Snow Lane, into 12
lots described as Tentative Subdivision Map S-22-83, Lake Redding Hills. A
map of the area was shown on the Vu Graph and Council was given a copy of
the conditions of approval . This was an information item.
TENTATIVE SUBDIVISION MAP S-23-83 - Lakewood Manor, Unit No. 4
(S-100-427)
Council was advised that the Planning Commission has granted permission to
subdivide property located generally at the north end of Irving Road into
11 lots, described as Tentative Subdivision Map S-23-83, Lakewood Manor,
Unit No. 4. A map of the area was shown on the Vu Graph and Council was
given a copy of the conditions of approval . This was an information item.
RESOLUTION - re Lot Line Adjustment LS-65-83, by Fred Morrison
(L-010-150)
MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick,
that Resolution No. 83-237 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-65-83.
Voting was as follows:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard
Noes: Council Members - None
Absent: Council Members - NoneIII
Resolution No. 82-237 is on file in the office of the City Clerk.
ORDINANCE - Rezoning Application RZ-19-83, by City of Redding
(L-010-230)
Councilman Pugh abstained from voting and discussion on this matter.
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Planning and Community Development Director Perry advised that subsequent
to the public hearing on Rezoning Application RZ-19-83, staff was author-
ized to prepare an ordinance to amend the site plan review criteria for
property located at 2701 Eureka Way.
It is the recommendation of staff that the ordinance be offered for first
reading at this time.
Mayor Gard questioned paragraph "d" of the site plan review requirements
which refers to preserving backyard privacy of adjoining single-family lots
if the building would create windows at elevations greater than 708 feet.
She noted that the maximum building elevation was changed to 708 feet.
Mr. Perry advised that since the total building elevation was changed to a
maximum of 708, this condition should have been changed but was overlooked.
Council Members discussed how this condition could be revised and it was
determined that since all of the adjoining residential properties are
higher than 708 feet, it would be appropriate to change the condition to
eliminate the reference to window elevations.
Councilman Kirkpatrick asked the Planning Director or the City Attorney if
this would present any problems. Mr. Perry said he felt the condition is
appropriate as revised.
MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick
that Site Plan Review Requirement paragraph "d" for Rezoning Application
RZ-19-83 , be changed to read as follows:
"Buildings shall be designed to preserve the backyard privacy of
IIIadjoining single-family lots" .
The Vote: Unanimous Ayes with Councilman Pugh abstaining
Councilman Demsher offered Ordinance No. 1666 for first reading, an ordi-
nance 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-19-83) , with the above noted change.
ENVIRONMENTAL IMPACT REPORT EIR-1-83 - 115 KV East Loop Connection
(E-090) i
Planning and Community Development Director Perry advised that the Planning
Commission has certified as adequate Environmental Impact Report EIR-1-83. ;
This EIR addresses the impacts of the construction of a 115 KV electric
line to link the Industrial Street and Moore Road Substations. A copy of
the Final EIR was submitted to Council .
Mr. Perry listed the potential impacts identified with the project and
added that only the aesthetics question is considered significant and
unavoidable. He said in evaluating the project, the EIR considered three
alternative river crossings and three alternate routes across or around the
Churn Creek Bottom area. Mr. Perry pointed out that the preferred route
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crosses the River south of Clear Creek Sewer Treatment Plan, runs along the '
east boundary of the Shea Gravel property, and traverses the Churn Creek 11
Bottom area in the vicinity of Niles Lane and Sunview Lane. The Planning -4
Commission recommended that Council approve the preferred route.
Mr. Perry explained that the purpose of presenting the EIR to Council at
this time, is to provide sufficient opportunity for Council to review the 3
EIR. At a follow-up meeting, he said, the Council will be asked to approve
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the project and to make certain findings regarding overriding consideration
and incorporation of mitigation measures.
This was an information item and no action was required.
PURCHASE AGREEMENT - Pinal Water Company
(W-030-700-300) III
Councilman Pugh abstained from voting and discussion on this matter.
City Attorney Hays submitted the proposed Purchase Agreement and Joint
Application to the Public Utilities Commission which are necessary to
accomplish the sale to the City of Redding of the Pinal Water Company.
It is the recommendation of the City Attorney that Council authorize the
Mayor and Clerk to sign the Agreement and P.U.C. application, subject to
the approval of the necessary exhibits to the contract by the Public Works
Director.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
approving an agreement for purchase and sale of the Pinal Water Company and
the Joint Application to the Public Utilities Commission at such time as
the required exhibits are approved by the Director of Public Works . The
Vote: Unanimous Ayes with Councilman Pugh abstaining
RESPONSE TO REQUEST CONCERNING ASTROLOGY
(L-070-100)
Councilman Pugh abstained from voting and discussion on this matter.
City Attorney Hays responded to a letter to the City Council from Mrs.
Minta Reichel regarding the validity of Section 10.44.010 of the Redding
Municipal Code (fortunetelling) . He advised that Ms. Reichel challenges
the constitutionality of the Section in that it would prohibit her from
participation for compensation in the business or art of astrology.
1 Mr. Hays reviewed certain court cases and pointed out that sections such as
this exist in a large number of municipal codes throughout the State of
California. He pointed out that in some cases these regulations have
withstood Constitutional challenge and in some cases have been found to be
invalid.
Mr. Hays stated that putting reliance upon the most recent authority
dealing with a California law of a similar nature, indications are that a
challenge to this Section as being unconstitutional for various reasons
would not be successful . He said if the Council chooses to allow such a
business, it would be necessary to draft appropriate regulations dealing
with the licensing of such business and appropriately place those regu-
lations within the licensing framework of the Municipal Code. Mr. Hays
I advised that Mrs. Reichel is present this evening and wishes to make
comments.
Minta Reichel , P. 0. Box 2304, Redding, advised that she believes astrology
is a science based upon the relationship of planets to the earth. She said
astrologers interpret data and give their opinions as do weather fore-
; casters. She felt astrologers should not be denied freedom of speech and
freedom to express ideas.
Mrs. Reichel referred to medical professionals who use astrology, clair-
r voyance, psychic and hypnotism in their practices today. She felt the
public should have the choice to educate themselves in every field ofIII
science available. She felt that Redding Municipal Code Section 10.44.010
should be declared null and void and that she should be granted a business
license as an astrologer.
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City Attorney Hays noted that Council has basically two choices. They can
either leave the Code as it is or draft a business license fee ordinance
pertaining to astrologers.
Discussion ensued regarding business licenses for people who use hypnotism
in conjunction with "stop smoking clinics" , or other medical type activ-
ities. Mr. Hays pointed out that if hypnotism is used as part of medical
treatment, it is not the main source of treatment and is covered under the
business license for their medical practice.
Councilman Demsher stated that this ordinance has been on the books since
1947. He said he has no strong feelings about it one way or the other,
however if people want to spend their money in that way, it is their
decision. He said that although he is not certain that it is a science, he
has no objection to anyone practicing astrology. Mr. Demsher does feel
that they should be required to have some knowledge about the activity. He
pointed out that originally the ordinance was written to protect people
from getting bilked out of their money.
Mayor Gard asked about information from other cities and Mr. Hays advised
that most cities prohibit the activity so there is very little information
available. He said he has contacted the State Attorney General 's office
and their main concern is that astrology is associated with the types of
activities that deal in conning people out of their money. Mr. Hays noted
that they do have a film on the subject and would schedule a showing if the
Council desired.
Council Members concurred that more information is needed on the subject j
before any decision can be made.
MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that
action be deferred on this matter until additional information is received,
that the City Attorney schedule a presentation from the State Attorney
General ' s office on the matter, and that Councilman Fulton report back on
hypnotism being used in the medical profession. The Vote: Unanimous Ayes
with Councilman Pugh abstaining
TEMPORARY PERMIT - Arcata Flying Service
(A-090-100-030)
City Attorney Hays submitted a temporary airport permit with Arcata Flying 3
Service to allow the use of terminal space at Redding Municipal Airport.
He noted that it is expected that during the term of the permit, a lease
agreement and corresponding airport permit will replace this temporary
agreement.
MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving
the temporary airport permit to allow Arcata Flying Service, Inc. , to
operate and to utilize terminal space at Redding Municipal Airport. The
Vote: Unanimous Ayes
TEMPORARY PERMIT - Norma Powers
(A-090-100)
City Attorney Hays submitted a temporary airport permit with Norma Powers
to operate the restaurant facility at both the old terminal building and
the new terminal building at Redding Municipal Airport. He noted that it
is expected that during the term of the permit, a lease agreement and
corresponding airport permit will replace this temporary agreement.
Councilman Fulton said he would like to have more information on the
proposed operator of the restaurant.
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City Attorney Hays advised that the operation of the restaurant is designed
to be similar to the operation that was there before and added that Ms.
Powers has applied to the Alcoholic Beverage Control for a liquor license.
Councilman Demsher, who was on the selection committee, explained that the
i committee has spent the last few months searching for an operator and the
list of prospects was reduced to three local people, one of whom dropped
out. He pointed out that Ms. Powers has had a good deal of experience in
this type of activity at another airport and he is very confident that she
will do a good job and that she knows the responsibilities well .
t City Manager Courtney advised that there was a major search for an operator
at the Airport and contacts were made with people inside and outside the
area. He explained that at the conclusion of the process, the selection
was between two operators and Mrs. Powers' proposal was excellent and added
that she has a good success record.
MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving
a Temporary Airport Permit with Norma Powers to utilize restaurant and cafe
space at the Redding Municipal Airport. The Vote: Unanimous Ayes
SETTLEMENT OF CLAIM
City Attorney Hays advised that the following claim has been settled by the
City Insurance Carrier:
State Farm Insurance Co. on Behalf of Carl Andreoli
Claim for Damages , settled in the amount of $2,558.02
(C-090-020)
GOVERNMENT CODE REQUIREMENTS - Commissions, Boards, and Committees
(B-080)
City Clerk Nichols submitted a list of all appointive terms which will
expire during the next calendar year, and a list of all boards, com-
missions , and committees whose members serve at the pleasure of the City
Council , as required by Government Code Section 54972.
This was an information item and no action was required.
ROUTINE REPORTS AND COMMUNICATIONS
Alcoholic Beverage License Applications:
(A-110-140)
Bangkok Restaurant (Namtip & Werawoot Patrasirikul )
1109 Hartnell Avenue, Ste. 16
Shasta-Cascade Wonderland Association:
(B-130-030-700)
Publicity
ADJOURNMENT
There being no further business, at the hour of 7:43 P.M. , Mayor Gard
declared the meeting adjourned.
APPROVED:
' lb._ . .I. . 1 /Il •or .
ATTEST:
City Clerk
11/21/83