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HomeMy WebLinkAboutMinutes - City Council - 1983-12-05 329 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California December 5, 1983 7:00 P.M. 111 The Pledge of Allegiance to the Flag was led by Deputy City Clerk Strohmayer. The invocation was offered by Pastor Rudi Lenser of the Trinity Lutheran Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Kirkpatrick, Pugh, and Gard. Council Members absent: Fulton Also present were City Manager Courtney, City Attorney Hays , Public Works Director Arness, Planning and Community Development Director Perry, Asso- ciate Electrical Engineer Coleman, Director of Parks & Recreation Riley, Finance Director Downing, Accountant Masingale, Engineering Technician 1 Duryee, 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 21 , 1983 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 11 , check nos. 94683 through 94928 inclusive, in the amount of $958,121.28, be approved and paid; and, Payroll Register No. 11 , check nos. 183533 through 184117 inclusive, in the amount of $450,850.44, for the period November 6, 1983, through November 19, 1983, be approved. Total : $1 ,408,971.72 Claims for Damage and Personal Injury - 1st Hearing Edward Hall Sr. - Claim for Damages filed 11/28/83 Recommend denial (C-090-020) Leonard and Mable Stayer - Claim for Damages filed 11/23/83 Recommend denial (C-090-020) Marshall Mayer, Attorney on Behalf of Dr. David Payne Trust - Claim for Damages filed 11/23/83 Recommend denial and refer to Insurance Carrier (C-090-020) Barr, Newlan & Sinclair, Attorneys on Behalf of Francis Yanni , D.D.S. Claim for Comparative Indemnity and Contribution filed 11/21/83 Recommend denial and refer to Insurance Carrier (C-090-020) Award of Bid - Single Phase, Pole Type Distribution Transformers (B-050-100) City Manager recommends that Bid Schedule No. 1490, single phase, pole type distribution transformers be awarded to General Electric Supply Company, on its evaluated low bid in the amount of $56,027.10. 12/5/83 330 • Award of Bid - Furnishing, Installing and Maintenance of CLETS Equip- ment (B-050-100) City Manager recommends that Bid Schedule No. 1491 , furnishing, installing, and maintenance of CLETS Equipment, was awarded to Sierra National Corporation, on its low bid in the amount of $6,984. 14. Contract Amendment No. 1 - Ecological Analysts, Inc. for Lake Redding III Project (E-120-070-425) Electric Director recommends that Contract Amendment No. 1 for profes- sional services between the City of Redding and Ecological Analysts, Inc. , be approved in the amount of $19,959, and the Mayor be author- ized to execute the documents. Set Public Hearing - Rezoning Application RZ-24-83, by City of Redding y (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , December 19, 1983, to consider Rezoning Application RZ-24-83, by City of Redding. Resolution - re Acquisition of BLM land for Spring Creek Water Treat- ment Plant (C-070-010 and W-030-125-100) Planning Director recommends that Resolution No. 83-238 be adopted, a 1 resolution of the City Council of the City of Redding authorizing the City Manager to submit application requesting a right of way for certain Bureau of Land Management land to provide for the construction of the Spring Creek Water Treatment Plant. Resolutions - Commencing Proceedings and Exchanging Property Taxes for Annexation Request No. 83-6, Highway 44 (A-150-164) Planning Director recommends that Resolution No. 83-239 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 83-6 to the City of Redding (Highway 44 and Old Oregon Trail Area) . s Also, the Planning Director recommends that Resolution No. 83-240 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 unin- habited territory designated City of Redding Annexation No. 83-6 (Highway 44 and Old Oregon Trail Area) . Annual Report of the Redding Redevelopment Agency (R-030) Housing and Redevelopment Administrator Henson recommended that the Annual Report of the Redding Redevelopment Agency, consisting of an audit of fiscal year 82/83 , an annual budget for fiscal year 83/84, and work program for the current year, be accepted and filed with the City Clerk. Resolution - Establishing a Loading Zone in Front of Old City Hall (P-030-180) Public Works Director recommends that Resolution No. 83-241 be adopted, a resolution of the City Council of the City of Redding establishing a loading zone on the east side of Market Street south of Shasta Street. Notice of Completion - Carnelian Park Construction (B-050-020 and P-050-125) Public Works Director Arness recommends that Bid Schedule No. 1454, 12/5/83 331 construction of Carnelian Park, awarded to Russ Howington (final contract price $30,411 .05) , be accepted as satisfactorily completed and that the City Clerk be instructed to file a Notice of Completion. A reement - Shasta Dam Area Public Utility District W-030-125 and W-030-700-500) City Attorney recommends approval of an Agreement with the Shasta Dam Area Public Utility District for the calendar year 1984, concerning water treatment. 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, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Resolution Numbers 83-238, 83-239, 83-240, and 83-241 , are on file in the office of the City Clerk. APPOINTMENT - Senior Citizens Advisory Committee (B-080-450) Councilman Kirkpatrick abstained from voting on this matter. Mayor Gard advised that the Parks and Recreation Commission has recommended that Virgil Tomasin be appointed to fill the vacancy created by the resig- nation of Gene Michelson on the Senior Citizens Advisory Committee, his term to expire May 1 , 1984. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the appointment of Virgil Tomasin to the Senior Citizens Advisory Com- mittee, through May 1 , 1984. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining APPOINTMENTS - Citizens Old City Hall Committee (B-080-600-350) Mayor Gard noted that at its September 6 meeting, Council authorized the formation of a citizens committee to study various proposals for the preservation and uses of Old City Hall . It is recommended that the follow- ing persons be appointed to serve on this committee: Harold Snow Jacquelyn Waterhouse Marlene Sorum Jeff Bridges Jim Williams Nancy Buffum Don Kennedy Tom Krieder William Coshow Ron Heuer Benjamin Harris Diane Merrill Lou Gerard, Jr. Bruce Harrison Dick Kornfield Ben Mattox Bruce Brown Dave Shoffner Sheila Widoe Karen Edkin Sue Asbil Grady Rutledge Councilman Demsher, Chair of the Old City Hall Subcommittee, advised that the makeup of the committee is a good representative of this community and the people who have been asked to serve are very enthusiastic. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the appointments as listed above to the Citizens Old City Hall Committee. The Vote: Unanimous Ayes ORDINANCE - re Rezoning Application RZ-19-83, by City of Redding, located at 2701 Eureka Way (L-010-230) Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher, 12/5/83 332 that full reading of Ordinance No. 1666 be waived and the City Attorney be instructed to read the title. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1666 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code III relating to the rezoning of certain real property in the City of Redding (RZ-19-83) . Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Ordinance No. 1666 is on file in the office of the City Clerk. REPORT FROM MAYOR GARD - re National League. of Cities Meeting (L-040-150-400) Mayor Gard reported that the City of Redding' s decision to become a "direct-member city" to the National League of Cities , appears to have paid off very well . She advised that the City of Lakewood resolutions concern- ing Cable T.V. legislation were adopted which will preserve local control . Ms. Gard advised that a resolution was also adopted concerning industrial development bond legislation which will be a very useful economic tool for t small cities. i Mayor Gard felt the meeting was very worthwhile and that the City' s re- entry into the National League was very successful . She noted that she has ordered the tapes from the workshops she attended if anyone wishes to listen to them when they arrive. REAPPOINTMENT OF NCPA CHAIRMAN - Vice Mayor PughIII (B-080-650-450) Mayor Gard announced that on September 22, 1983, the Northern California t- Power Agency Commission voted to reappoint Vice Mayor Pugh to the chairman- ship for an additional one year term. She noted also that Mr. Pugh is the current president of the M-S-R Public Power Agency. Mayor Gard emphasized that this is a tremendous honor for the City of Redding and expressed her appreciation for Mr. Pugh' s involvement in the NCPA on the City' s behalf. Councilman Demsher also conveyed his appreciation and pointed out the tremendous responsibility involved. He emphasized that the person who leads that organization through its activities must be mindful of many different interests. PARKS AND RECREATION COMMISSION RECOMMENDATION - re Clean-up Deposit for Alcoholic Beverage Requests in City Parks (A-110-100) Parks and Recreation Director Riley advised that the Parks. and Recreation Commission has discussed at length the existing alcoholic beverage ordi- nance and its requirements. He said the Commission believes that the present ordinance has been one of the contributing factors in eliminating alcohol-related problems in City parks. Mr. Riley indicated that the Commission felt that the insurance requirements and the $300 refundable deposit for an alcohol beverage request are not unreasonable. III It is the recommendation of the Commission that the ordinance remain unchanged. Mayor Gard expressed that her concern was with the amount of the deposit but if the Commission feels that there have not been enough complaints to warrant a change, she would concur with their recommendation. 12/5/83 333 9 : In answer to a question from Mr. Demsher, Mr. Riley advised that in his report to the Commission, he presented a sliding fee schedule based on the number of participants, type of activity, etc. , and the Commission felt very strongly that the $300 deposit should remain unchanged. Councilman Pugh felt that Council should continue to monitor the situation and possibly look at a different method of deposit such as security or bonds in the future, but for the time being he favored leaving the require- ments unchanged. Mayor Gard asked Mr. Riley to keep a record of groups who decide not to use the parks for their activities and for what reason. Mr. Riley concurred that he would document this information for the upcoming year and report back to Council . MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the clean-up deposit and insurance requirements for alcoholic beverage requests in City parks, remain unchanged at this time and to continue to monitor the situation. The Vote: Unanimous Ayes With the concurrence of Council , Mayor Gard asked that the matter concern- ing the Victor Avenue overcrossing be addressed before the Public Works Planning Reports. VICTOR AVENUE OVERCROSSING - Recommendation re Prohibition of Parking 1 (S-050-100-900 and P-030-250) Public Works Director Arness reviewed his memorandum to Council dated December 1 , 1983, which is incorporated herein by reference. He stated that CalTrans is scheduling the opening of the Victor Overcrossing before Christmas. He explained that the overcrossing consists of two driving lanes in each direction, a left turn lane, and a shoulder area for bicy- cles. Maps of the area where shown on the Vu Graph. Mr. Arness advised that Victor Avenue, south of Mistletoe Lane varies from 30 feet to 64 feet in width and is currently operating as a two lane street utilizing one lane in each direction. He explained that in order to allow for the merging of vehicles from two lanes southbound on the overcrossing to one lane southbound, parking must be eliminated south of Mistletoe. Mr. Arness noted that the parking prohibition question was reviewed by the Traffic and Parking Commission when the overcrossing concept was discussed and staff from the City and State met on several occasions to coordinate the alignment, turn lanes, utility changes, etc. , prior to CalTrans adver- tising the project. Mr. Arness stated that notices were hand delivered to residents in the affected area apprising them of CalTrans' plan to open the crossing and the resulting need to remove parking. He noted that letters have also been mailed to property owners. Mr. Arness indicated that several calls and a letter have been received expressing the obvious concerns about the lack of parking. He stated that staff met with CalTrans on November 30, to see if there are any inter- mediate routing plans that would permit parking to remain on Mistletoe. During these discussions, he said, it was determined that one southbound curb lane on the overcrossing could be closed until the work is completed by the contractor in the Spring. At that time, CalTrans will open the lane and the parking south of Mistletoe will have to be removed to allow for the merging of two lanes to one. It is the recommendation of the Public Works Director that a resolution be adopted eliminating parking along Victor Avenue for a distance of 500 feet south of Mistletoe Lane with the actual implementation of the parking prohibition not to occur until after the work on the overcrossing is completed in the Spring of 1984. 12/5/83 334 Mr. Arness explained that he spoke at length with Mr. Odegard, owner of an apartment building on Victor Avenue. He said in their discussion regarding postponing or solving the problems , they considered the possibility of the property owners building on-street parking at their expense; however, there are several power lines and extensive landscaping in the area. Mr. Arness said this may be a partial solution to the parking problem in the area. In response to a question from Councilman Kirkpatrick, Mr. Arness advised that unfortunately, this was the first notice to residents regarding the elimination of parking on Victor Avenue. Councilman Demsher expressed the concern that the matter has not gone before the Traffic and Parking Commission so that the concerns of the residents could be heard and considered. He said he is not sure it is necessary to have all parking \prohibited at this time. Councilman Pugh felt strongly that Council needs to know more about what is going to happen with traffic patterns before it can make such a decision. = He said it is very unfortunate that the residents were not made aware of the City' s intentions several years ago so that they could have planned ahead. He suggested that the proposal be referred back to the Traffic and Parking Commission. Mayor Gard noted that there are people in the audience who wish to speak to this issue. City Attorney Hays advised that since it appears this matter will be referred back to the Traffic and Parking Commission, it would be more appropriate for the Commission to hear the testimony at that time. Council Members concurred and Mayor Gard advised the audience that they will be notified of the Traffic and Parking Commission meeting, at which time they can voice their concerns. Councilman Demsher pointed out that while the problem may not be resolved completely, it may be modified in some way. He said the City has known this was coming for some time and the notices were not done very well . He emphasized that it needs to go through the proper process so that people will get a fair hearing. Mayor Gard asked how extensive the noticing process would be for the Traffic and Parking Commission hearing. Mr. Arness advised that all residents in the affected area would be noticed, as well as property owners along Victor to East Cypress. Mayor Gard said she would appreciate it if notification could be as extensive as possible. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the proposed prohibition of parking on Victor Avenue due to the opening of the Victor overcrossing, be referred to the Traffic and Parking Commission for report and recommendation. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-20-83, by Church of the Nazarene (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-20-83, by Church of the Nazarene. 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 December 1 , 1983 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. 12/5/83 335 Planning and Community Development Director reviewed his memorandum to Council dated December 1 , 1983. He stated that the Planning Commis- sion has unanimously recommended rezoning of property located at 2225 North Bechelli Lane from "R3-15" Multiple-Family Residential District to "CO" Office District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of both the Planning Commission and staff that the property be rezoned as recommended, that the negative decla- ration 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 Demsher that Council make the following findings regarding Rezoning Application RZ-20-83: 1 . Project is compatible with the ReddingGeneral Plan. P 2. Project will not significantly alter existing land form. 1 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 1 Administrative Review on September 28, 1983. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1667 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-20-83) . PUBLIC HEARING - re Rezoning Application RZ-21-83, by City of Redding (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-21-83, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated December 1 , 1983 • 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 reviewed his memorandum to Council dated December 1 , 1983. He stated that the Planning Commis- sion has unanimously recommended rezoning of property located at 2152 through 2296 Wilson Avenue and 2712 through 2757 Jasmine Way, west of Shasta View Drive, and east of Churn Creek. The proposed rezoning is from "U" Unclassified District to "R-1 " Single-Family Residential District. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . It is the recommendation of both the Planning Commission and staff that the property be rezoned as recommended, that the negative decla- ration be ratified and 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 12/5/83 i 336 C E [ MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council make the following findings regarding Rezoning r Application RZ-21-83: 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. r III 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 October 19, 1983. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1668 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-21-83) . PUBLIC HEARING - re Rezoning Application RZ-22-83, by City of Redding (L-010-230) 1 The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-22-83, by City of Redding. r 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 December 1 , 1983 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. III Planning and Community Development Director reviewed his memorandum to Council dated December 1 , 1983. He stated that the Planning Commis- sion has unanimously recommended rezoning of property located at 2201 through 2277 Goodwater Avenue, west of Shasta View Drive, and east of Churn Creek. The proposed zoning is from "U" Unclassified District to "R-1 " Single-Family Residential District and "U-F" Unclassified District. A map of the area was shown on the Vu Graph and the draft f negative declaration was submitted to Council . It is the recommendation of both the Planning Commission and staff that the property be rezoned as recommended, with the site plan review criteria to stipulate that "the area is to be reserved as open space." It is further recommended that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Council make the following findings regarding Rezoning Application RZ-22-83: 1 . Project is compatible with the Redding General Plan. III 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 October 19, 1983. The Vote: Unanimous Ayes 12/5/83 337 Councilman Pugh offered Ordinance No. 1669 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-22-83) . PUBLIC WORKS PLANNING REPORTS - December 1983 111 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for December, 1983. ORDINANCE - re Amendment to Sales Tax Provisions of the Redding Municipal Code (T-010-700 and C-110-100) City Attorney Hays advised that the State Board of Equalization has advised that a change it to be made at the State level which will necessitate a change in the provisions of the Redding Municipal Code relative to sales tax provisions. He noted that an ordinance has been prepared and, due to the subject relating to the taxes for the usual and current expenses of the City, it is possible for this ordinance to take effect immediately. It is therefore recommended by the City Attorney that the ordinance be introduced and adopted this evening following the full reading of its title. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1667 be waived and the City Attorney be instructed to read the title of the ordinance. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that ? Ordinance No. 1667 be introduced and adopted, an ordinance of the City Council of the City of Redding amending Section 4.04.120 of the Redding Municipal Code by imposing a sales and use tax to be administered by the State Board of Equalization. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Fulton Ordinance No. 1667 is on file in the office of the City Clerk. NOTICE OF HEARING AND PETITION FOR RELIEF FROM CLAIM REQUIREMENTS City Attorney Hays advised that the following Notice of Hearing and Peti- tion for Relief From Claim Requirements has been received: Cartwright, Sucherman , Slobodin & Fowler, Inc. , Attorneys on Behalf of Robert & Lisa Murphy vs. City of Redding et al (C-090-050) This was an information item and no action was required. ROUTINE REPORTS AND COMMUNICATIONS (A-110-140) Alcoholic Beverage License Applications: Big Dummy #48 2026 Eureka Way =. Beacon Oil Company 2998 Churn Creek Road ORAL COMMUNICATIONS (A-050-270) Councilman Demsher commented on a recent letter sent to Council Members commending the Redding Police Department on its professionalism in solving 12/5/83 ,- i 338 i C a recent murder. He said this reinforces the feeling that we have a well-trained and skilled police force. ' (A-050-060) F Mayor Gard commented on the success of the recent California Supervisors Association of California convention held in Redding and said the people of this community and their friendliness toward conventioneers contributes III greatly to the success if such events. i ADJOURNMENT There being no further business, at the hour of 7:43 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: Ii4Llin1 a or ("Cj2.674A- ATTEST: - tea. 7L% City Clerk III i xIII t 12/5/83 ,, -