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HomeMy WebLinkAboutMinutes - City Council - 1984-01-16 8 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California January 16, 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by Minute Clerk Rupp. The invocation was offered by Pastor Jim Sturges of the Lake Boulevard Church of the Nazarene. 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 Attorney Hays, Public Works Director Arness, Plan- ning and Community Development Director Perry, Director of Electric Lindley, Electrical Engineer Coleman, Associate Civil Engineer Hastings, Director of Finance Downing, Senior Associate Planner Keaney, Executive Assistant Masingale, Transportation Coordinator 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 January 3, 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 14, check numbers 95437 through 95614 inclusive, in the amount of $500,234.86, be approved and paid, and Payroll Register No. 14, check numbers 185303 through 185880 inclusive, in the amount of $469,351.79, for the period December 18, 1983, through December 31 , 1983 , be approved. Total : $969,586.65 Treasurer' s Report - December 31 , 1983 (B-130-150) Total Treasurer' s Accountability - $14,094,144.37 Claims for Damage and Personal Injury - 1st Hearing Harold Pistole - Claim for Damages filed 12/23/83 Recommend Payment in the Amount of $173.88 (C-090-020) John H. Shields - Claim for Damages filed 1/3/84 Recommend Denial (C-090-020) Wendy Stone - Claim for Damages filed 1/3/84 Recommend Denial and Referral to Insurance Carrier (C-090-020) Michael Fitzpatrick, Attorney on Behalf of Melvin & Igna Heyerly Claim for Damages filed 1/3/84 Recommend Denial and Referral to Insurance Carrier (C-090-020) Robert M. Barwick - Claim for Damages filed 1/3/84 Recommend Payment in the Amount of $190.94 (C-090-020) Paul Galea - Claim for Damages filed 1/5/84 Recomment Denial and Referral to Insurance Carrier (C-090-020) 1/16/84 9 Ronda Atwell - Claim for Damages filed 1/5/84 Recommend Referral to Insurance Carrier and Set for Second Hearing, February 21 , 1984 (C-090-020) Linda Walden - Claim for Personal Injury filed 1/5/84 Recommend Denial and Referral to Insurance Carrier (C-090-050) Kenneth D. Henley - Claim for Damages filed 1/6/84 Recommend Payment in the Amount of $911 .75 (C-090-020) Bob Beale - Claim for Damages filed 1/9/84 Recommend Denial (C-090-020) Set Public Hearing - Rezoning Application RZ-26-83, by Terrance Rust et al (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , February 6, 1984, to consider Rezoning Application RZ-26-84, by Terrance Rust et al . Resolution - Lot Line Adjustment LS-64-83 , by Claude Duffy and Roger Kletke (L-010-150) Planning Director Perry recommends that Resolution No. 84-6 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-64-83. Resolution - Lot Line Adjustment LS-82-83 , by Willard Butt (L-010-150) Planning Director Perry recommends that Resolution No. 84-7 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-82-83. Resolution - Lot Line Adjustment LS-87-83 , by Gus Vasilakis and Donna Kettenring (L-010-150) Planning Director Perry recommends that Resolution No. 84-8 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-87-83. Resolution - Establishing Parking Limits at Redding Municipal Airport (P-030-230 and A-090-100) Public Works Director recommends that Resolution No. 84-9 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by modifying overnight parking limitations at the Redding Municipal Airport. Resolution - Establishing an On-Street Handicapped Parking Space on Sacramento Street (P-030-250-050) Public Works Director recommends that Resolution No. 84-10 be adopted, a resolution of the City Council of the City of Redding establishing an on-street handicapped parking space on the north side of Sacramento Street between Court and Oregon Streets. 1/16/84 10 Resolution - Establishing Stop Signs on White River Drive at Redwood Boulevard (T-080-720) Public Works Director recommends that Resolution No. 84-11 be adopted, a resolution of the City Council of the City of Redding authorizing the installation of traffic control devices at the intersection of White River Drive and Redwood Boulevard. Resolution - Designating a List of Roadways as Through Roadways (T-080-720) Public Works Director recommends that Resolution No. 84-12 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control map by the installation at various locations of several traffic control devices and by reclassification of roadways. Declaration of Vacancy - Civic Arts Commission (B-080-100) City Attorney recommends that Council declare a vacancy on the Civic Arts Commission and proceed to fill that vacancy due to the fact that Cecil 0. Johnson no longer meets the residency requirements necessary to serve on the Commission. A reement - re Sewer Easement with Scott and Mary Lou Thompson W-010-575) City Attorney recommends that an agreement be approved between the City of Redding and Scott and Mary Lou Thompson, requiring that the Thompson' s as well as their successors in interest, be responsible for problems associated with the sewer line underneath the addition they wish to make to their house. MOTION: Made by Council Member Kirkpatrick, seconded by Council Member Demsher, 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 84-6, 84-7, 84-8, 84-9, 84-10, 84-11 , and 84-12, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letters Objecting to Duplex Zoning on El Camino Drive - re Rezoning Application RZ-23-83, Westwood Manor Subdivision (L-01O-230) Letters were received objecting to the R-3 zoning proposed on El Camino Drive from the following residents: James E. Morrison, Russ Benson and family, Warren and Tara Swanson, Bobby and Margie Sluder, Gerald and Jana Isaac, and Sharon Lance. A petition was also received which contained approximately 20 signatures, objecting to the rezon- ing. Mayor Gard noted that these objections would be considered when the ordinance regarding Rezoning Application RZ-23-83 is considered later on in this meeting. CEDARS ROAD SEWER ASSESSMENT DISTRICT NO. 1983-6 (A-170-100-078) Special Bond Counsel Sperry submitted the following documents for filing and adoption re Cedars Road Sewer Assessment District No. 1983-6: Petitions Certificate re Petitions 1/16/84 11 Resolution - Accepting Petitions MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-13 be adopted, a resolution of the City Council of the City of Redding accepting petitions re Cedars Road Sewer Assessment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-13 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-14 be adopted, a resolution of the City Council of the City of Redding approving the boundary map re Cedars Road Sewer Assess- ment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-14 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-15 be adopted, a resolution of the City Council of the City of Redding approving agreement for legal services re Cedars Road Sewer Assessment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-15 is on file in the office of the City Clerk. Resolution - of Intention MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-16 be adopted, a resolution of the City Council of the City of Redding of intention to order improvements re Cedars Road Sewer Assessment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-16 is on file in the office of the City Clerk. Engineers Report Resolution - Accepting Report and Setting Hearing MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-17 be adopted, a resolution of the City Council of the City of Redding accepting report and setting the hearing for 7:30 P.M. , February 21 , 1984, re Cedars Road Sewer Assessment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-17 is on file in the office of the City Clerk. 1/16/84 12 Notice of Improvement Resolution - Calling for Bids MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 84-18 be adopted, a resolution of the City Council of the City of Redding calling for construction bids re Cedars Road Sewer Assessment District No. 1983-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-18 is on file in the office of the City Clerk. Notice Inviting Sealed Bids LAKE KESWICK SEWER ASSESSMENT DISTRICT NO. 1982-6 (A-170-100-330) Special Bond Counsel Sperry advised that he has had several conversations with Mr. Steve Swendiman, the Shasta County Supervisor who represents the Lake Keswick area. Mr. Sperry stated that Mr. Swendiman has advised that some of his constituents in this area have expressed some concerns about the assessment district. He said since Mr. Swendiman will not be in attendance at tomorrow' s Board of Supervisors meeting, the resolution granting jurisdiction to the City will not be considered as originally planned, but will be scheduled when Mr. Swendiman will be in attendance. Mr. Sperry submitted the following documents for filing and adoption: Petitions Certificate re Petitions Resolution - Accepting Petition MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick, that Resolution No. 84-19 be adopted, a resolution of the City Council of the City of Redding accepting petitions re Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-19 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick, that Resolution No. 84-20 be adopted, a resolution of the City Council of the City of Redding approving the boundary map re Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-20 is on file in the office of the City Clerk. Resolution - Approving Agreement for Engineering Services MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick, that Resolution No. 84-21 be adopted, a resolution of the City Council of 1/16/84 13 the City of Redding approving agreement for engineering services re Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-21 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick, that Resolution No. 84-22 be adopted, a resolution of the City Council of the City of Redding approving agreement for legal services re Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-22 is on file in the office of the City Clerk. Resolution - Requesting Jurisdiction from the County of Shasta MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick, that Resolution No. 84-23 be adopted, a resolution of the City Council of the City of Redding requesting jurisdiction from the County of Shasta re Lake Keswick Sewer Assessment District No. 1982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 84-23 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-23-83, Westwood Manor Subdivision (L-010-230) City Attorney Hays noted that Ordinance 1673, Rezoning Application RZ-23-83, is before Council for second reading and adoption; however, since there was some difference of opinion at the public hearing, it would be possible to amend the original ordinance and re-offer it for first reading if Council so desired. Councilman Kirkpatrick stated that at the last Council meeting, he offered Ordinance No. 1673 for first reading which included an R-2 (duplex) zoning on six lots on El Camino Drive. He advised that since that time, he has received several calls from residents objecting to the R-2 zoning and asking that the six lots in question be zoned R-1 to conform with the existing development on El Camino. Mr. Kirkpatrick felt the residents had some very good points and he recommended that they put their objections in writing to the City Council . Councilman Kirkpatrick re-introduced Ordinance No. 1673 in its amended form eliminating the R-2 zoning, and including the six lots on El Camino Drive in the R-1 zoning category, 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-23-83) . ORDINANCE - re Rezoning Application RZ-25-83, 451 Hilltop Drive (L-010-230) Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that full reading of Ordinance No. 1674 be waived and the City Attorney be instructed to read the title. The Vote: Unanimous Ayes with Councilman Pugh abstaining 1/16/84 14 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ordinance No. 1674 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (RZ-25-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1674 is on file in the office of the City Clerk. CONTRACT WITH WESTERN AREA POWER ADMINISTRATION - for Electric Service (E-120-900) Electric Director Lindley requested Council consideration of the replace- ment contract for electric service between the Western Area Power Adminis- tration and the City of Redding. He advised that the contract which replaces the City's existing contract for electric service with Western, was submitted to Council as an information item at the last City Council meeting. It is the recommendation of staff that Council approve the new contract with Western Area Power Administration for electric service to the City of Redding. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving Contract No. DE-MS65-83WP 59008, with Western Area Power Adminis- tration for electric service to the City of Redding and authorizing the Mayor to sign the contract documents. The Vote: Unanimous Ayes CONTRACT WITH WESTERN AREA POWER ADMINISTRATION - for Construction of Transmission Facilities for the Whiskeytown Power Project and Energy Purchase from the Project (E-120-070-825) Electric Director Lindley requested Council consideration of the contract between the City of Redding and the Western Area Power Administration for the construction of transmission facilities for the Whiskeytown Power Project and energy purchase from the project by Western. He advised that the subject contract was submitted to Council for information at its last regular meeting and provides for a 40-year term of agreement for transmis- sion and a 10-year term of agreement for the sale of surplus power to Western. It is the recommendation of staff that Council approve the contract. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the contract with Western Area Power Administration for the construction of transmission facilities for the Whiskeytown Power Project and the sale of surplus project energy to Western, and authorizing the Mayor to sign the contract documents. The Vote: Unanimous Ayes CONTRACT WITH BROWN-BOVERI CORP. - Authorization to Proceed with Whiskeytown Power Project 0-050-020 and E-120-070-825) Electric Director Lindley advised that on May 28, 1981 , the City Council awarded a "turnkey" contract to the Brown-Boveri Corporation (BBC) for the Whiskeytown Power Project which included: ITEM I - Design, manufacture, and furnish all equipment. ITEM II - Design, engineer, and construct the project. ITEM III - Preparation of Federal Energy Regulatory Commission (FERC) Application for the License. 1/16/84 15 He noted that Council authorized BBC to proceed with Item III , while Items I and II were subject to future authorization to proceed. Mr. Lindley stated that the Electric Department has completed its eval- uation of the project and feels it would be beneficial to the City to III proceed with the construction of the Whiskeytown Power Project. Charts and graphs were shown on the Vu Graph indicating the results of the economic evaluation of the project which was prepared by the Electric Department. It is the recommendation of the Electric Director that Council authorize BBC to proceed with Items I and II of the contract for the final design and construction of the Whiskeytown Project. In response to a question from Councilman Fulton, Mr. Lindley advised that, based on the long-term financing of the project, the effect on electric utility rates will be minimal . He said the long-term financing defers the up-front costs and spreads it over a long term. He added that a rate increase will not be necessary for this project. Mayor Gard noted that the effect of long-term financing acts to protect the rate structure and added that the alternative would be to buy peaking power from PGandE or another wholesaler at a much higher rate. Mr. Lindley said there will be debt service from the project; however, considering the cost of purchasing power from outside utilities at a far greater rate, the effect is an overall reduction for the rate payer. Councilman Demsher emphasized that this is a relative matter and the City is certainly in a more favorable position to have its own source of power. III Councilman Pugh pointed out that rate increases in the future are inevi- table and the key is the relative cost of power. He said with this project the City is able to minimize the costs and hopefully avoid the necessity of buying wholesale electric-ty. Councilman Pugh thanked the Electric Department staff and the City Attorney for the many hours of hard work that went into this contract. Mayor Gard concurred and emphasized hat this is a very favorable contract. Mr. Lindley advised that here are members of the Brown-Boveri Corporation in the audience to address Council if there are any questions. Mr. Lindley thanked Council for its perseverance on the project and noted that the project began in 1976 and will be on line roughly ten years after its initiation. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick authorizing the Brown-Boveri Corporation to proceed with Items I and II of Contract 9199, Bid Schedullle No. 1287, for the final design and construction of the Whiskeytown Project, and authorizing the Mayor to sign the contract documents. The Vote: Unanimous Ayes In response to a remark by Mayor Gard, Mr. Lindley said he would arrange for a ground-breaking ceremony at the appropriate time. TENTATIVE SUBDIVISION MAP S-24-83 - Keswick Estates Subdivision III (S-100-375) Council was advised that the Planning Commission has granted permission to subdivide property located generally at the east end of Keswick Dam Road, into 16 lots described as Tentative Subdivision Map S-24-83. A map of the area was shown on the Vu Graph and Council was given a copy of the condi- tions of approval . This was an information item. TENTATIVE SUBDIVISION MAP S-25-83 - Castle Hill Subdivision (S-100-072) Council was advised that the Planning Commission has granted permission to subdivide property located generally southeast of the intersection of 1/16/84 16 Quartz Hill and Keswick Dam Road, into 180 lots described as Tentative Subdivision Map S-25-83. 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. CABLE TV SURVEY (T-040-050) Planning and Community Development Director Perry submitted for Council ' s information, the results of the Cable TV Survey conducted last October. This report included the survey prepared by Viacom. No action was required on this matter. RESOLUTION - re Lot Line Adjustment LS-92-83, by Glen Hawk and J & K Baker Enterprises (L-010-150) Councilman Demsher abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 84-24 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-92-83. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Demsher Resolution No. 84-24 is on file in the office of the City Clerk. VICTOR AVENUE - Prohibition of Parking (S-050-100-900 and P-030-250) Public Works Director Arness reviewed his memorandum to Council dated January 12, 1984, which is incorporated herein by reference. He advised that the Traffic and Parking Commission held a public meeting to obtain comments on the staff-proposed parking prohibition on Victor Avenue from Cypress Avenue to Mistletoe Lane. He noted that Mr. Odegard, property owner of apartments south of Mistletoe, was the only property owner who attended the meeting. Mr. Arness said four alternatives were reviewed: 1 . Leave Victor as a two lane roadway. 2. Prohibit on-street parking. 3. Prohibit on-street parking but grant property owner's a variance to allow parking in the front yard set back. 4. Widen street section to allow for on-street parking. Mr. Arness advised that, after review of the alternatives and input from Mr. Odegard, the Commission felt that Alternative No. 4 offered the best solution. They felt that the property owners should be notified that the City is proceeding with the five lane concept of Victor, and that parking will someday be prohibited. Mr. Arness said the Commission felt that, in the area of the four fourplexes south of Mistletoe, the property owners should be given the opportunity to expand the street section to allow for parking. He noted that this project would be totally at the property owners' expense and that Mr. Odegard was in complete accord with this recommendation. It is the recommendation of the Traffic and Parking Commission that no immediate change be made in the parking prohibition at this time, but acknowledges that the City has a responsibility to maintain capacity and safety on Victor which will require the prohibition of on-street parking. In response to an inquiry from Mayor Gard, Mr. Arness advised that he will advise the owners of the four fourplexes south of Mistletoe that the assessment district form of financing is available to them if they wish to expand the street section to allow for on-street parking. 1/16/84 17 No action was taken on this matter. ORDINANCE - Establishing "Commercial Vehicles for Hire" Prohibition on Redwood Boulevard (S-070-150) Public Works Director Arness advised that the Traffic and Parking Commis- sion considered a staff recommendation to prohibit commercial vehicles on residential sections along Redwood Boulevard, White River Drive, and Beltline Road. It is the recommendation of the Commission that commercial vehicles be prohibited on Beltline Road south of Caterpillar Road and on Redwood Boulevard and White River Drive. An ordinance has been prepared for first reading. Councilman Kirkpatrick offered Ordinance No. 1675 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11 .21 of the Redding Municipal Code by repealing Section 11 .2.1 .010 and substitut- ing a new Section 11 .21 .010, pertaining to commercial vehicle restrictions. ASTROLOGY SURVEY REVIEW (L-070-100 and C-110-100) Councilman Pugh abstained from discussion and voting on this matter and excused himself from the meeting at this time. City Attorney Hays submitted a summary of the results of a survey under- taken regarding other cities ' regulations pertaining to astrology and related matters. He advised that 432 cities through the State of Cali- fornia were contacted and 252 have responded. He said 138 cities prohi- bited said practices, 88 cities regulated the practice through licensing procedures, 23 cities had no ordinance regulating such activities , and the remaining cities could not be categorized. Mr. Hays indicated that Mr. Dave Peters , a representative from the Cali- fornia State Department of Justice is present to make a presentation to Council and a videotape by David Horowitz will be shown. Mr. Hays explained that the California Government Code does give cities the author- ity to regulate the practice of astrology for compensation. David Peters, from the State Department of Justice, briefed the Council on some of the problems related to fortune telling in the State of California. He indicated that many of the victims of fortune tellers are the elderly, people who are in poor health, and individuals who are in such a psycholog- ical state that they cannot resist the pitch. Mr. Peters reviewed some cases where people have been swindled out of large sums of money, in some cases, over $100,000. He felt that astrology for compensation also possesses some of the same potential problems. Councilman Fulton commented that he did not feel astrology is the same as fortune telling. Mr. Peters responded that the potential is there for fraud but added that this is not to say that everyone engaging in that activity is trying to defraud the public. Minta Reichel stated she is the one who asked for a business license -as an astrologer. She said astrology is based on the planets positions as they relate to the earth, and that she has no knowledge of fortune telling or other similar activities. Mrs. Reichel pointed out the possibility of fraud in any profession and stressed that she is not one of the bunco artists as described in the film. She said people who know astrology and are proud of their profession can be just as honest as anyone else. She emphasized that people have been using astrology for centuries to plant crops, and pointed out the increase in crimes, fires, hospital emergencies, etc. during a full moon. Mrs. Reichel felt astrology is a science that should be brought out of the closet and researched. 1/16/84 18 City Attorney Hays advised Council that it would be appropriate at this time to indicate whether or not Council wishes to change the existing ordinance which prohibits astrology for compensation. He pointed out that this City' s ordinance is not unique in the State of California and is authorized by State law. Mayor Gard felt astrology does have the potential for abuse. She added that there are no provisions for determining competence, and that public protection is primary. She said Council Members have given this matter thoughtful consideration and weighed the pros and cons. Councilman Demsher said he sees no need for changing the existing ordi- nance. He feels astrology is more a philosophy than a science and doesn't see the need to have an exchange of money. Councilman Kirkpatrick concurred but emphasized that this is not aimed at any individual but is based on the potential for problems. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that no change be made in the existing ordinance which prohibits astrology for compensation. The Vote: Unanimous Ayes with Councilman Pugh abstaining SETTLEMENT OF CLAIMS City Attorney Hays advised that the following claims have been settled by the City' s insurance carrier: Richard A. Beserra, Attorney on behalf of G. F. Wentland Claim for Personal Injury filed 7/14/83 Settled in the amount of $4,500 (C-090-050) California Automobile Association on behalf of Fields Jewelry, Inc. Claim for Damages filed 6/2.3/83 Settled in the amount of $476.55 (C-090-020) These were information items and no action was required by Council . ROUTINE REPORTS AND COMMUNICATIONS Civil Aeronautics Board: (F-200-078) Order Requesting Proposals re Essential Air Transportation for Palmdale/Lancaster/Inyokern, CA Alcoholic Beverage License Applications: (A-110-140) Nut Ranch (Howard & Marilyn Cotton) 1411 Yuba Street Big Red's Barbecue & Liquor To Go 2550 Bechelli Lane ADJOURNMENT There being no further business, at the hour of 8:05 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: ayor4;4 , I/ l., e ATTEST: City Clerk 1/16/84