Loading...
HomeMy WebLinkAboutMinutes - City Council - 1984-05-07 105 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California May 7, 1984 7:00 P.M. III The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by Pastor Jim Ledbetter of the First Baptist Church. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Demsher, Fulton , Gard, Pugh, and Kirkpatrick Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Direc- tor of Electric Lindley, Parks and Recreation Director Riley, Housing and Redevelopment Administrator Henson, Associate Civil Engineers Aasen and Hastings, Director of Data Processing Kelley, Executive Assistant 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 April 16, 1984 Adjourned Regular Meeting of April 17, 1984 III Approval of Payroll and Accounts Payable Register (B-130-110) Recommend that Accounts Payable Register No. 21 , check nos. 97454 through 97941 inclusive, in the amount of $881 ,889.90, be approved and paid, and Payroll Register No. 22, check nos. 189960 through 190537 inclusive, in the amount of $442,410.46, for the period April 8, 1984, through April 21 , 1984, be approved. Total : $1 ,324,300.36 Claims for Damage and Personal Injury - 1st Hearing Mikel Yordy by Attorney Robert Willey - Claim for Personal Injury filed 5/1/84 Recommend denial and refer to Insurance Carrier (C-090-050) Lajos Kocsis by Attorney William Poe - Claim for Personal Injury filed 4/20/84 Recommend denial and refer to Insurance Carrier (C-090-050) Landrae Daniels - Claim for Damages filed 3/9/84 Recommend payment in the amount of $100.18 (C-090-020) Gerald E. Ware - Claim for Damages filed 4/12/84 Recommend payment in the amount of $267.59 III (C-090-020) Ruth Wheeler by Attorney Joseph Wenninger - Claim for Personal Injury filed 4/18/84 Recommend denial and refer to Insurance Carrier (C-090-050) 5/7/84 106 Cheryl D. Needles by State Farm Insurance Co. - Claim for Personal Injury filed 4/25/84 Recommend denial and refer to Insurance Carrier (C-090-050) A. B. Witt - Claim for Damages filed 4/27/84 Recommend payment in the amount of $135.85 (C-090-020) Albert Cabrera - Claim for Damages filed 4/17/84 Recommend referral to Insurance Committee and set for second hearing May 21 , 1984 (C-090-020) Claims for Damage and Personal Injury - 2nd Hearing Pacific Telephone - Claim for Damages filed 3/2/84 Recommend payment in the amount of $133.28 (C-090-020) Resolution - re Funding Application for Deferred Payment Rehabilita- tion Loan Program (0-100-030-125) Planning Director recommends that Resolution No. 84-90 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file3 a new application with the State Department of Housing and Community Development for Deferred Payment Rehabilitation Loan Funds. Contract - re Land Disposition Consulting Service (C-070 Planning Director recommends that a land disposition consulting services contract be approved with Williams-Kuebelbeck & Associates, Inc. , for the disposition of City-owned land adjacent to Fire Hall No. 2, on Placer Street, which has been declared surplus; and, that the City Manager be authorized to execute the letter contract. Set Public Hearing - Overcrowding in Shasta Union High School Dis- trict, Grant Schoo, and Shasta Lake Union Elementary School District (L-010-170) Planning Director recommends that a public hearing be set for 7:30 P.M. , May 21 , 1984, to consider the findings of overcrowding made by the Shasta Union High School District, Grant School , and Shasta Lake Union Elementary School District. Community Appearance Committee - Formation and Purpose (B-080-600-090) Planning Director submitted the Scope of Community Appearance Study, which is incorporated herein by reference. Some of the objectives included in the report were the Sacramento River, scenic and visual gateways, landscaping, advertising signs and public information signs, and building design. The Civic Arts Commission recommended the formation of a citizens committee which, upon completion of the work program, the committee will cease to function unless otherwise directed by the City Council . Mr. Perry recommended that Council approve the project and the recommended appointments as submitted Set Public Hearing - re Appeal of Lot Split LS-2.5-84, by Greg Washburn (L-010-150) Planning Director recommends that a public hearing be set for 7:30 P.M. , May 21 , 1984, to consider the appeal of Lot Split Application LS-25-85, by Greg Washburn. 5/7/84 107 Appeal of FEMA Flood-Plain Maps (L-010-500-150) Planning Director advised that the Federal Emergency Management Agency has indicated that reimbursement of costs involved with the appeal of the FEMA Flood Insurance Rate Study is not possible because the U.S. Congress has never appropriated funds for this purpose. He recom- mended that the Mayor be authorized to sign a letter to Congressman Chappie suggesting that he may wish to amend Public Law 93-234 to reflect this fact in order to have a clear disclosure of FEMA's responsibility. Set Public Hearing - re Rezoning Application RZ-5-84, by City of Redding (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 4, 1984, to consider Rezoning Application RZ-5-84, by City of Redding. Set Public Hearing - re Rezoning Application RZ-2-84, by William Vargas (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , May 21 , 1984, to consider Rezoning Application RZ-2-84, by William Vargas. Set Public Hearing - re Planned Development Application PD-1-84, by State Wide Developers (L-010-210) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 4, 1984, to consider Planned Development Application PD-1-84, by State Wide Developers. Set Public Hearing - re General Plan Amendment Application GPA-2-84, by Gary Stokes (G-030-010) Planning Director recommends that a public hearing be set for 7:30 P.M. , May 21 , 1984, to consider General Plan Amendment GPA-2-84, by Gary Stokes Resolution - Lot Line Adjustment LS-30-84, by Robert Gustafson (L-010-150) Planning Director recommends that Resolution No. 84-91 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-30-84. Resolutions - re Annexation Request No. 84-1 , Chaparral Drive (A-150-166) Planning Director recommends that Resolution No. 84-92 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. 84-1 (Chaparral Drive area) . It is further recommended that Resolution No. 84-93 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 84-1 to the City of Redding (Chaparral Drive Area) . Notice of Completion - Cedars Road Sewer Assessment District No. 1983-6 (B-050-020 and A-170-100-078) Public Works Director recommended that Bid Schedule No. 1502, (Job No. 7933) Cedars Road Sewer Assessment District No. 1983-6, final contract 5/7/84 108 price $10,054, be accepted as satisfactorily completed by Redd-Cal Construction, and the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Installation of Traffic Signals on Hilltop Drive at Mervyn' s (B-050-020 and T-080-700) Public Works Director recommended that Bid Schedule No. 1509 (Job No. 9325) , Installation of Traffic Signals on Hilltop Drive at Mervyn' s, final contract price $46,759.50 be accepted as satisfactorily com- pleted by M & M Electric Co. , and the City Clerk be authorized to file a Notice of Completion. Acceptance of Final Map - Woodhaven Homes Subdivision, Unit No. 2 (S-100-808) Public Works Director recommended that the final map for Woodhaven Homes Subdivision, Unit No. 2, be approved, that the Mayor be author- ized to sign the Subdivision Agreement, and the City Clerk be in- structed to file the map with the Shasta County Recorder. Acceptance of Final Map - Meadow Wood Estates Subdivision, Unit No. 2 (Revised Map) (S-100-465) Public Works Director recommended that the final map for Revised Meadow Wood Estates Subdivision, Unit No. 2, be approved and the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution - re Abatement of Property at 1516, 1548, and 1572 Yale Court, owned by Capital Santa Rosa Mortgage Company, Inc. (A-030-070) City Attorney recommended that Resolution No. 84-94 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Capital Santa Rosa Mortgage Company, Inc. and located at 1516, 1548, and 1572 Yale Court) . Resolution - In Support of Proposition 18, Park and Recreation Act of 1984 (L-040-300) City Attorney recommended that Resolution No. 84-95 be adopted, a resolution of the City Council of the City of Redding in support of Proposition 18, a California Park and Recreation Facilities Act of 1984. Lease Agreement - People of Progress for Community Gardens Site (C-070-100) City Attorney recommended that a lease agreement be approved with the People of Progress, commencing May 1 , 1984, and terminating April 30, 1985, for the use of a portion of City-owned property next to the Sacramento River for community garden plots. Amendment to Agreement - Mechanical Maintenance Planning, Inc. (A-070-020) City Attorney recommended amendment to an agreement with Mechanical Maintenance Planning, Inc. , doing business as Artic Aire, to add heating and cooling systems maintenance for Fire Hall #7. The addi- tional cost will be $23.50 per month, or $282 per year. Agreement - Shasta Natural Science Association (B-130-120) City Attorney recommended approval of an agreement with Shasta Natural 5/7/84 109 Science Association for the payment of $4,303.16 for the operation of the Junior Science Museum at the Carter House Science Museum for the remainder of the current fiscal year, terminating June 30, 1984. 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. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution Numbers 84-90, 84-91 , 84-92, 84-93, 84-94, and 84-95 , are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request from Downtown Mall Merchants to Address Council - re Mall Security and Law Enforcement (M-010-200-400) Mr. Jim Albertson, 3950 Oro Street, owner of Jimbo' s, advised that he is a member of the Mall Association but is not speaking for the Association at this time. He said that the Mall opens at 8:00 A.M. and security comes on duty six hours later. He explained that many problems occur before security comes on duty and merchants must call the Police Department and be placed on a priority list. Mr. Albertson was concerned that there is no real way to stop the drinking problems because the present ordinance only prohibits consumption of alcoholic beverages in the Mall . He said unless someone is caught in the act of drinking, nothing can be done. Mr. Albertson said the merchants would like to have an ordinance similar to the one restricting drinking in the parks to give the Police more authority. He said the City has said they cannot spend any more money for security. Mr. Albertson advised that he contacted the downtown mall in Fresno and they have four security persons all day long. He asked for help from the City and asked that the ordi- nance include the parking lots. Mr. Jack Dilly, 1913 Merle Drive, owner of the Red Wing Shoe Store, said the downtown merchants do pay an assessment on certain parking lots surrounding the Mall . He asked if an ordinance could cover these parking lots. Council Member Demsher agreed that this is an unfortunate problem and asked the City Manager if someone could meet with them to address the issues. Council Member Gard concurred and favored proceeding with changing the ordinance or designating it as a park. City Attorney Hays advised that he is not prepared to say if the City could go forward with such an ordinance at this time since Market street is still a public street. Council Member Demsher noted that staff needs to meet with Mall merchants and look at all the implications. Mr. Kelly Combs, 1894 Del Mar, owner of Swiss Colony, emphasized that it is totally a law enforcement problem in his estimation. He said it is not just a drinking problem and added that threatening gestures and 5/7/84 110 remarks are directed at employees. He asked for more City Police patrol since it is a public street. David Rose, 100 Hilltop Drive, Manager of the Gensler-Lee Diamonds, said he has only been there since the middle of March and he has already experienced problems. He said he fears for his employees and his customers. Council Member Demsher recommended that the City Manager and the City Attorney review the status of Market Street that is enclosed by the Mall and get some idea as to what the City can do about making that section different so that an ordinance would apply. He also suggested vigorously increasing police activity in the meantime. With the concurrence of Council , Mayor Kirkpatrick referred the matter to staff and asked that an interim report be made to Council by the middle of June. Letter of Resignation - F. Charles Chase, Airports Commission (B-080-010) A letter was received from F. Charles Chase, Chairman of the Redding Airports Commission, advising that he will resign from that Commission, effective April 30, 1984. MOTION: Made by Council Member Demsher, seconded by Council Member Gard, accepting the resignation of F. Charles Chase from the Airports Commission, effective April 30, 1984. The Vote: Unanimous Ayes Council Member Demsher expressed his regrets and emphasized that Mr. Chase has served with distinction. Announcement of Junk-Art Sculpture Competition - People of Progress (S-020-550) A letter was received from People of Progress announcing their annual Junk-Art Sculpture Competition to commemorate the State Resource Rally. They advised that the event is planned for Saturday, May 12, 1984. Notice of Appointment - Local Agency Formation Commission (B-080-650-375) A letter was received from Ann Reed, County Clerk, advising that Anderson Mayor John Stevens was selected as a regular member of the Local Agency Formation Commission for a term expiring May 1 , 1986, and Pete Smolenski , Anderson City Councilman, was selected as the alter- nate member for a term expiring May 1 , 1985. ORDINANCE - re "U" Unclassified District Density (L-010-500) MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the full reading of Ordinance No. 1686 be waived and the City Attorney be instructed to read the title. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Demsher that Ordinance No. 1686 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 18.32 or the Redding Municipal Code by adding Section 18.32.040, pertaining to "U" Unclassified District Density. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1686 is on file in the office of the City Clerk. 5/7/84 111 VICE-MAYOR GARD League of California Cities (L-040-150) Vice-Mayor Gard asked permission from Council to offer to host a quarterly meeting of the League of California Cities, Board of Directors. She also suggested that the assistance of the Convention and Tourist Bureau be requested. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the City of Redding offer to host a quarterly meeting of the League of California Cities, Board of Directors. The Vote: Unanimous Ayes Rodeo Parade (P-010-100) Vice-Mayor Gard advised that Jack Golenor has asked City Council Members to ride in an automobile in the Rodeo Parade, May 19, 1984. Council Members Pugh and Demsher said they would not be available on that day but the remainder of the Council would be available. Ms. Gard said she would advise Mr. Golenor. ANDERSON-COTTONWOOD IRRIGATION DISTRICT - Hydrogeneration (E-120-070) Electric Director Lindley advised that the Electric Department has reviewed a copy of the April 4, 1984 letter to the Redding City Council from William H. Baber, III , Attorney for the Anderson-Cottonwood Irrigation District (ACID). He submitted a response to this letter which conveyed the follow- ing positions: 1 . The City does not have the authority to permit the ACID to construct a hydroelectric project. 2. The surrender of the Preliminary Permit for the Anderson site (Project No. 4909) is not in the City' s best interest. 3. If ACID insists on the right to unrestricted use of available non- irrigation water for any purpose, it should participate in the cost of constructing the Lake Redding Project since the Lake Redding Project includes the construction of a permanent dam which will make most of the future non-irrigation water available. It is the recommendation of the Electric Director that Council authorize the Mayor to sign and forward the letter to the ACID. Council Member Pugh concurred that the resume given by the Electric Depart- ment of what has occurred between the City and the ACID is very accurate and the City's response is timely. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Mayor Kirkpatrick be authorized to sign and forward the letter to William Baber, Attorney for the ACID, as submitted. The Vote: Unanimous Ayes AWARD OF BID - Installation of 115 KV Circuit Breakers at Sulphur Creek Substation (B-050-020 and E-090-160) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Bid Schedule No. 1522 (Job Order No. 9455) , installation of 115 kv circuit breakers at Sulphur Creek Substation, be awarded to Cal Electro, on its low bid in the amount of $105,058, and authorizing the Mayor to sign the Public Works Agreement. 5/7/84 112 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-2-84, Ross Subdivision (S-100-675) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re appeal of Tentative Subdivision Map S-2-84. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 3, 1984, which is incorporated herein by reference. He stated that on March 27, 1984, the Planning Commission approved the subdivision of 2.19 acres located east of Shasta View Drive and south of Goodwater Avenue into eight lots. A map of the area was shown on the Vu Graph. Mr. Perry explained that in setting a public hearing to consider the appeal , Council referred the application back to the Commission for comment and to allow the applicant an opportunity to appear before the Planning Commission. The Commission took no action on the referral since the applicant' s representative was not present. Mr. Perry stated that it is his understanding that the applicant will request that the hearing be continued and that the item be referred back again to the Commission. Donald Doss, 1918 West Street, engineer representing the applicant, explained that the reason for his absence was his error and asked that the hearing be continued and the appeal be referred back to the Planning Commission once more. He said this is something that should be heard at that level and he will make sure he attends. Mr. Perry advised it would be appropriate to close the public hearing and refer the matter back to the Planning Commission. He suggested that if anyone else wished to speak tonight, they should be given the opportunity at this time. No further comments were made. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the appeal of Tentative Subdivision Map S-2-84, Ross Subdivision, be referred back to the Planning Commission. The Vote: Unanimous Ayes PUBLIC HEARING - re Churn Creek Road/Highway 44 Overpass Assessment Dis- trict No. 1984-3 (A-170-020-100) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Churn Creek Road/Highway 44 Overpass Assessment District No. 1984-3. 5/7/84 113 The following documents are on file in the office of the City Clerk: Certificate of Filing Boundary Map Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement Certificate of Publication - Notice of Improvement The City Clerk advised that protests have been filed on behalf of, Carl McConnell , T. W. and Ruth Burgess, Dorothy Hamilton, Keith and Helen Wilson, Nolan and Ruth Pehrson, George and Hilda Phillips, and W. C. Hamilton. Special Bond Counsel Sperry explained that the proceedings being conducted tonight are based on the Municipal Improvement Act of 1913, Section 10,000 et seq of the California State and Highways Code. He said under the-19-73 Act, there is the additional requirement of posting a Notice of Improvement in the area, which has been done. Mr. Sperry emphasized that it is important that all persons who have submitted written objections will need to be heard orally as well . Planning and Community Development Director Perry explained that the need for an overcrossing of Highway 44 near Canby Road was initially identified in 1976 when the amended Redding General . Plan for the area northeast of the Mt. Shasta Mall was adopted. He said the environ- mental impact reports prepared for that amendment and for the Cypress Properties project, EIR-15-75 and EIR-3-79, document that need. Mr. Perry stated the EIR reports addressed traffic and flooding problems as well as other environmental impacts. The Churn Creek Road/Highway 44 Overpass Assessment District Study, Revised January 1984, Edited 5/7/84, was submitted to Council (Exhibit 1 ) . Mr. Perry indicated that petitions have been submitted, comprising 69% of the property owners within the area, requesting Council to con- struct the overcrossing. He explained that other improvements in- cluded in the project are construction and relocation of drainage channels and the relocation of other utilities. Mr. Perry said the cost of the project is estimated to be over $4 million, plus financing costs. He also noted other City improvements that have or will occur in the area, amounting to over $2 million. He said the City, through the Redevelopment Agency, is paying for about one-half of the project plus an additional amount for related improvements. Mr. Perry explained that as part of the proceedings, it was recognized that it would not be fair to use one formula for determining all the assessments. Therefore, the area was divided into benefit zones. He said each assessment was calculated by the amount of property within these zones and vehicle trips were used as a means of assigning value. He said benefits were based on the properties potential for redevelop- ment or enhancement of value as a product of the project. Mr. Sperry advised that Mr. Jim Gibbs, with Boettcher and Company, has been retained by the City to provide investment banking service for the project and is present this evening if Council has any questions regarding financing. Council Member Fulton asked Mr. Perry what the reason was for expand- ing the initial assessment district. Mr. Perry replied that the City looked at six different assessment districts boundaries to fund the overcrossing. This large district, he said, was the one that best reflected those properties that would receive benefit, whereas, the smaller district was the minimum district staff thought would fund the project. 5/7/84 114 Council Member Gard asked Mr. Sperry if he had researched the pro- visions for the deferred tax payments for senior citizens. Mr. Sperry advised that he has discussed the matter with the Franchise Tax Board and the Senior Citizens Property Tax Assistance and Post- ponement Law is available for this type of situation and has been funded by the State Legislature. He also noted that the income level has been reduced to $24,000 annually and is described in Pamphlet No. 9003. Mr. Sperry pointed out that the current interest rate is 7% but he was advised that this may be re-evaluated upward in the near future. Frank Wilson, P. 0. Box 102.6, said he feels this is a very worthwhile project for the City but objects to the distribution of the assess- ments. He said he already has a street and doesn't need the overpass. Mr. Wilson pointed out that he has the highest assessment in the district and felt there should be a separate assessment formula for residential and commercial properties. He asked for re-evaluation of the spread of assessments. Mr. Wilson noted that he wrote a letter objecting to the method of assessments earlier in the proceedings, dated March 7 , 1984. Mr. John D. Barr, 1824 Court Street, attorney for Carl McConnell (Assessor' s Parcel No. 067-110-12) , said the McConnell 's property has been cut off from access to Churn Creek Road so that the advantage to them is extremely limited. He said he concurred with Council Member Gard's comments in the newspaper that the project is for the benefit of the entire City. Mr. Barr emphasized that the proposed assessment district excludes some of the parcels that are causing the problems, such as properties on Hilltop and Cypress. He said the district excludes properties that are causing the problem and felt it should be the responsibility of all of east Redding. W. C. Hamilton, 1041 Del Monte Drive, concurred with Mr. Barr that the method of assessment is unfair. He objected to a district which passes by one method (acreage votes) , yet is assessed by another method (benefit zones) . He felt there is a great inequity when properties which have the most votes, have the smaller relative assessments. Mr. Hamilton said he suspects there has been some gerrymandering of the district boundaries to assure the 60% vote. He felt the district should be greatly enlarged or the general public' s share be greatly increased. He said he knows of no other bridge or overcrossing of this size which has been assessed in this way. Dorothy Hamilton, 1041 Del Monte Drive, said she felt her letter has merit and hopes the Council has read it. She emphasized that the boundaries of the district are her biggest objection and felt past mistakes have contributed to the problem that exists today in east Redding. She felt the district should include both sides of Hilltop and both sides of Cypress to Browning Lumber. Mrs. Hamilton felt the assessments are arbitrary and felt the boundaries were drawn so that the district could pass. She asked how the City could know how much the project will cost before bids have been received. Mrs. Hamilton commented that she felt there is no fairness in the assessments and the proceedings are legally borderline. At the request of the Mayor, Mr. Sperry again reminded the audience that it is necessary for any objections to be made orally as well as in writing if any further legal steps are expected. George Phillips, 1720 Canby Road, said he was not aware that boundary line was changed to include Victor Avenue. He noted that he is being 5/7/84 115 assessed $18,000 for 1 2/3 acres, while none of his neighbors across the street are included. Mr. Phillips said he has no objections to the project but feels only a narrow corridor is bearing the cost. He felt the residential area is being badly abused. Mr. Phillips main- tained that people have adequate access to their properties now and the project is not needed until the area develops. He does not feel people to the south of Hilltop will be benefited, but the project will benefit properties to the north of Highway 44 when they are developed. Mr. Phillips noted that he will not have direct access to the overpass from his property and he would have to go around and take Canby Road. Leonard Bandell , 1313 West Street, attorney representing S.A.V. I. , asked if all the signed petitions are a part of the official record of these proceedings. Mr. Sperry advised that they are. Mr. Bandell asked for and received a copy of the revised Assessment District Study made a part of the record. Helen Wilson, 1365 Dana Drive, read a letter from the Pacific Legal Foundation citing abuses by the City of Redding in these proceedings. She felt property owners have been treated unfairly. Joe Schneider, DDS, 840 Hartnell , advised that he is not included in the district but lends his support to the landowners on Canby Avenue. He feels they are being taken advantage of because this is a city-wide problem. He maintained that everyone who will benefit should be included in the district. Mr. Schneider emphasized that the problem originated from all businesses, mostly on the east side of the Sacra- mento River. He suggested a larger boundary and felt the existing 111 boundary is too small considering how much the City is asking the property owners to bear. Richard Sommers , 1375 Dusty Lane, agreed that the assessments are truly unfair because they do not distribute the cost of the project over a wide enough area. He said, as an appraiser, he is familiar with property values. Mr. Sommers indicated thatwhile it may in- crease property values on one hand, there are other detriments that occur on the other hand. He emphasized that a true estimate cannot be made and until properties are sold, values are only suppositions. Mr. Sommers felt a great deal more research is necessary to determine a more accurate distribution of the costs. He did not feel only the property owners surrounding the project should be assessed. In response to an inquiry, Mr. Perry advised that the description in the Record Searchlight was incorrect and should not have included the wording "Victor Avenue" without a map. Roger Banvard, 1064 Pineland Dr. , said he is not in the assessment district but would like to speak to the inequity of the Pehrson assessment. He noted that the Pehrson property is being assessed on the same basis as Mervyn' s and he does not agree that they have the same benefit. Mr. Banvard pointed out that Mervyn' s has direct access to Canby Road while the Pehrson' s have an open channel between them and the road. Mr. Perry explained that at such time as the Pehrson property is developed, the owners would install a box culvert and gain access at that time. He also noted that the City had paid the Pehrson' s $79,000 for 15,000 square feet of right-of-way and that other property owners had relocated the drainage channel from the property. 5/7/84 116 Mr. Barr returned to the podium and asked why his apartment building on Hilltop is not included and the office buildings off Mistletoe. He reiterated that he felt the boundaries have been gerrymandered to get the 60% vote. He repeated that he feels the assessments are unfair. Klare Provine, 825 Mission Sierra, expressed that not enough consid- eration has been given to those that are contributing to the problem. She contended that the boundaries should be enlarged to include those who are creating the problem. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard asked Mr. Perry or Mr. Henson to address the issue of the Redevelopment Agency's share of the project. Mr. Perry explained that the Agency' s share would consist of approxi- mately 50% of the total cost of the project. In addition, he said, the Agency will be putting $l2 million into other street improvement projects within the Redevelopment area. Also, the City has already spent over $500,000 on related drainage and street improvements in the Mistletoe area. In response to an inquiry from Council Member Pugh, Associate Civil Engineer Aasen explained that the McConnell property has been cut off from access to Churn Creek Road, since the drainage channel was moved to the east to accommodate the new two lane Churn Creek Road some time ago. Council Member Gard asked City Attorney Hays if he still stands by his opinion that there is no way for property owners to put a convenant on property that waives any benefit. Mr. Hays advised that he does not recommend the City pursue that because memories grow short over the years as properties change hands and the City would be faced with more problems than it would solve. Councilman Demsher concurred and would not recommend that the City get involved in that type of program; however, he said he would be in favor of pursuing the Senior Citizens Postponement program. Council Member Gard said this legislation came from the recognition of the fact that there are many assessment districts which impose a hardship on senior citizens. Council Member Demsher noted that some of the obvious economical benefits may not be realized until the long term. He emphasized that the benefits to the general public are being met by the R.R.A. Council Member Pugh emphasized that the primary impetus of the program is not the relief of current traffic problems but to allow additional development in the area. He added that the roadways presently serve the population that is there, however, the major benefit will be to properties that are not developed to their highest potential . Without this project, he said, those properties may never be able to develop. Council Member Fulton said it it not clear to some people how some properties were excluded. Mr. Perry explained that it is believed that the properties which were excluded would not receive any enhance- ment from the project. Whereas , the properties along Churn Creek Road will receive enhancement. 5/7/84 117 Mr. Sperry advised that several matters have been mentioned which he would like to comment upon by way of legal guidance. He said in terms of determining the recommended scope of the project, the improvements included in the assessment district are on the minimal side. He added that there are functionally related facilities as part of this project which will be financed in full by the Redevelopment Agency. Mr. Sperry stated that properties included in the district are not only unimproved properties but presently improved properties that are underutilized in terms of the General Plan. He said those under- utilized parcels will derive specific benefit as those properties develop to a higher use. Mr. Sperry advised that it is lawful to proceed with the assessments on the basis of cost estimates and if, after the bid opening, it is determined that costs are overstated, that can be handled by way of reduced assessments. He also stated that according to the provisions of the 1913 Act, assessments should be spread according to benefits to be received and he believes that the recommendations made in the Assessment District Study are fully supportable recommendations. Mr. Sperry pointed out that there is an aspect of specific benefit and the aspect of general benefit and it is important for Council to be satisfied that the portion of the project that is general in nature is being funded by the Redevelopment Agency. At this time, Mr. Sperry asked the City Clerk to label the Assessment District Study as Exhibit 1 , and the maps posted on the wall as Exhibits 2 through 7 and made a part of the official record. Special Bond Counsel Sperry submitted the following documents for adoption: Resolution - Overruling Protests MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 84-96 be adopted, a resolution of the City Council of the City of Redding overruling protests in Churn Creek Road/Highway 44 Overpass Assessment District No. 1984-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-96 is on file in the office of the City Clerk. Resolution - Approving Report and Assessment and Ordering Improvement MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving report and assessment and ordering improvement in Churn Creek Road/Highway 44 Overpass Assessment District No. 1984-3; and, that information regarding the Senior Citizens Property Tax Relief and Postponement Law be made available and that staff be instructed to assist property owners in this regard. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-97 is on file in the office of the City Clerk. 5/7/84 118 RECESS At the hour of 9:05 P.M. , Mayor Kirkpatrick declared a five minute recess. PUBLIC HEARING - re Buckeye Pressure Zone Assessment District No. 1984-1 , Water System Improvements (A-170-150-920) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Buckeye Pressure Zone Assessment District No. 1984-1 . 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 Proof of Publication - Notice of Improvement The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Special Bond Counsel Sperry recommended that this public hearing be continued. He explained that one of the parties has not returned a signed Consent and Waiver. Also, he noted that the sale of bonds was contingent on no prior liens existing on any properties and it has been discovered that a lien does exist on one of the properties. Lastly, he advised that one of the parties has not paid his taxes and all of these matters need to be cleared before the proceedings can continue. Mr. Sperry recommended that the hearing be continued to 7:30 P.M. , May 21 , 1984. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the Public Hearing re Buckeye Pressure Zone Assessment District No. 1984-1 , Water System Improvements, be continued to 7:30 P.M. , May 21 , 1984. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-1-84 - Parkside Manor, Unit No. 3 (S-100-580) Council was advised that the Planning Commission has granted permission to subdivide property located generally east of Venus Way and south of Saturn Skyway, in the "U" Unclassified District, described as Tentative Subdivi- sion Map S-1-84, Parkside Manor, Unit No. 3. 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. STATUS REPORT - Cable T.V. Committee (B-090-600-030) Planning and Community Development Director Perry submitted a status report from the Cable T.U. Committee. A list of accomplishments and plans for the future were submitted to Council and is hereby made a part of these records by reference. This was an information item and no action was required by Council . REQUEST FOR REDUCTION OF SCHOOL FEES - Senior Citizens Project (L-010-100) Council Member Pugh abstained from voting and discussion on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 4, 1984, which is incorporated herein by reference. He explained that a letter was received from Paul Jones on behalf of the proponents of a senior citizen housing project located at 451 Hilltop Drive, asking for a reduction or waiver of certain fees. 5/7/84 119 Mr. Perry advised that with respect to the park-development fees, the residents would use or enjoy the broad spectrum of the City' s recreation or park facilities; thus, it is recommended that this Code Section not be amended. He also recommended that Council not accept a lower household- equivalent factor for the project, based on the City's experience with apartment, motels, and hotels. Mr. Perry stated that given the age of the occupants, staff concurs with the request to exempt the project from the school overcrowding fees, provided an agreement is recorded restricting the age of the occupant. Mr. Bill Coleson, proponent of the complex, advised that he is here from the state of Oregon where they have a similar project. He noted that they were in concurrence with most of the fees , but the two they do not concur with are the sewer fees and the park fees. He said most of the residents are 79 to 80 years of age and don't take many baths per day and recommended that the .33 H.E. per unit ratio be used rather than the .5 H.E. recom- mended by the Public Works Department. In respect to the park fees, Mr. Coleson stated that the facility will be self-contained and typically residents don' t use other park facilities. He noted that their main objection is the sewer fee. In response to an inquiry from Council Member Fulton, Mr. Coleson advised that the youngest age would probably be in the late 50's. Mr. Coleson also noted that it is a one-use type building and could not be used for anything else in the future since the units don' t have kitchens and most are studio or one-bedroom units. Council Member Gard indicated that she would not recommend a change in the sewer ordinance and pointed out that a lot of time and study went into the ordinance. She felt it would be a dangerous policy to waive the fees. Council Member Demsher concurred and added that the building could be used for some other purpose. He emphasized that generally, developers recognize the City's fees. He also noted that there is no absolute guarantee that the building will be used for a senior citizen complex. Council Member Fulton said he sees no problem with the .33 H.E. ratio and felt it may be more realistic for this type of facility. MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving the recommendation of staff that the school fees be waived, the sewer connection fees be based on a ratio of .5 H.E. per unit, and that no policy change be made on the park development fees. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Pugh RESOLUTION - re Sacramento River Trail Easement (G-100-170 and F-200-200-040) Planning and Community Development Director Perry submitted his memorandum to Council dated May 3, 1984. He stated that a resolution is being sub- mitted for consideration authorizing an application with the Bureau of Land Management for the purpose of obtaining an easement to extend the Sacra- mento River pedestrian and equestrian trail along the Sacramento River approximately 4,000 feet along the north bank of the river. He recommended adoption of the resolution. MOTION: Made by Councilman Demsher, seconded by Council Member Gard that Resolution No. 84-98 be adopted, a resolution of the City Council of the 5/7/84 120 City of Redding authorizing the City Manager to submit application request- ing an easement from certain Bureau of Land Management Land. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-98 is on file in the office of the City Clerk. REQUEST TO SELL BEER - Nor Cal Shrine Club (A-110-100) Parks and Recreation Director Riley advised that the Parks and Recreation Commission has recommended denial of a request from the Nor Cal Shrine Club to sell beer during its annual barbeque, May 19, 1984, in Lake Redding Park. In response to an inquiry from Mayor Kirkpatrick, Mr. Riley advised that no problems have been experienced with this activity in the past. A representative of the Nor Cal Shrine Club advised Council Member Pugh that the beer would be sold to members and guests only. Council Member Demsher expressed that when Council developed its present policy, it was the intention to have some control of the use of alcohol in the parks. He felt that as long as the event was limited to members and guests and no problems have been experienced in the past, the permit should be granted. Council Member Gard asked if tickets are to be sold in advance to members and guests only. The Nor Cal Shrine Club representative advised that they would be. He also noted that this is a fund raising organization but non-profit, and that all proceeds will go to the Crippled Children' s Hospi- tal . MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the request of the Nor Cal Shrine Club to sell beer at its annual barbecue on Saturday, May 19, 1984, in Lake Redding Park, subject to the following conditions: 1 . That a $300 clean-up deposit fee and a certificate of insurance be on file in the City Clerk's office five days prior to the event; 2. That only paper cups be used instead of cans or glass bottles; 3. That the sale of beer be carefully supervised by this organization during the event The Vote: Unanimous Ayes Vi Klaasen, member of the Parks and Recreation Commission was present and said since she has sat on the Commission, she has become increasingly concerned that so many activities in the parks are involving the consump- tion of beer. She said the Commission may need some clarification of Council ' s position if the City hopes to minimize the consumption of alcohol in the parks. Council Member Demsher replied that he does not have a problem with allow- ing groups to have beer in the parks as long as it is controlled and the permit is issued to a responsible person. He added that on his frequent trips to the parks, he sees an increasing diversity and a good cross- section of the community using the parks. He felt the ordinance has been doing what it was intended to do. 5/7/84 121 Council Member Gard was concerned that the City now has an ordinance controlling the use of alcoholic in the parks, but it seems contradictory to allow alcohol to be sold. Council Member Pugh noted that the ordinance was adopted as a control measure and now the City has the ability to make both types of activities work together. At this time, Council Member Gard decided to change her vote to "no". Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None KRCR' S PROPOSED LAND EXCHANGE - Response from Parks and Recreation Commis- sion (C-070-010 and C-070-200) A letter was submitted from Richard Riis , Chairman of the Parks and Recre- ation Commission stating the Commission's position regarding the proposed KRCR-TV and City of Redding land exchange. He stated that the acquisition of the Sacramento Riverfront property has historically been a high priority in the goals and objectives of the Commission and the future of the Turtle Bay area has been a concern for many years. The Commission made the following recommendations: 1 . Deny the proposed land exchange because it involves a building struc- ture in the Turtle Bay area. 2. Approve the concept of land exchange and strongly urge Council to consider exchanging the KRCR-TV riverfront property for other City- owned land. 3. Keep the auditorium area property in City ownership. This was an information item and no action was required. RESOLUTION - Public Parking Lot Nos. 8, 9, 10, 11 , and 12 (P-030-230) Public Works Director Arness reviewed a memorandum from the Traffic and Parking Commission to Council dated May 1 , 1984, which is incorporated herein by reference. He explained that the Commission considered a request from the Downtown Mall Association to eliminate the three-hour maximum parking restrictions now in effect in public parking lots surrounding the Downtown Mall . Mr. Arness acvised that the Commission voted unanimously to accept the recommendatior eliminating the three-hour parking restrictions, to modify the opening time to 8 A.M. , and to recommend the adoption of this change by resolution. Councilman Fu ton stated he has been contacted by members of the Mall Association and they are not in complete agreement with this change. He said there is some concern that merchants will lose parking to employees. Council Member Pugh emphasized that employers are going to have to address that problem aid enforce rules pertaining to employee parking. City Attorney lays pointed out that it is his understanding that Sim Nathan and Nick Girimonte who had previously opposed the change, now favor it. 5/7/84 122 MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Resolution No. 84-98 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by modifying Parking Lot Nos. 8, 9, 10, 11 and 12 by the removal of the three-hour parking restrictions and thereby providing free parking, and by changing the opening time of the lots from 6:00 A.M. to 8:00 A.M. with the current closing hours to remain the same. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-98 is on file in the office of the City Clerk. PUBLIC WORKS -PLANNING REPORTS - May 1984 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for May, 1984. AWARD OF BID - Rehabilitation of Old City Hall (B-050-020, G-100-170 and C-050-500) MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings re Bid Schedule No. 1524, rehabilitation of Old City Hall : 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administra- tive Review on May 30, 1979. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Bid Schedule No. 1524 (Job No. 9423) , rehabilitation of Old City Hall , be awarded to the sole bidder, Ken Behnke, in the amount of $94,682. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None SIGNALIZATION OF MARKET AND PLACER STREETS (T-080-300) Public Works Director Arness advised that staff has reviewed the concerns of the Pacific Bell Safety Committee regarding the lack of traffic signals at the intersection of Market and Placer Streets. He said the accident history has been reviewed and a report made by the Traffic Engineer. It is the recommendation of staff that the existing controls are function- ing in an acceptable manner and no change is recommended at this time. Mr. Arness stated that staff will continue to monitor the situation and, if there is a change, will resubmit a report for Council 's consideration. ROUTINE REPORTS AND COMMUNICATIONS Letter of Commendation from Enterprise School District re Redding (A-050-270) Police Department Pacific Gas and Electric: (S-050-350) Notice of Filing Application with P.U.C. for Electric Rate Increase 5/7/84 . 123 Shasta-Cascade Wonderland Association: (B-130-030-700) Publicity Alcoholic Beverage License Applications: (A-110-140) Gilliegan' s Bay (Alberto Franco) 2505 Park Marina Drive Ranch House (Nancy Wilson) 6800 Highway 99S OTHER BUSINESS (E-120-900) Council Member Pugh announced that on Wednesday, May 9, 1984, the Western Area Power Administration will be dedicating their new office building at 11 :30 A.M. , with lunch at 12:00. He invited Council Members to attend the opening and noted that Bob McVail and Dave Coleman from the Sacramento Western office will be attending. ADJOURNMENT There being no further business, at the hour of 9:58 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: aeg . _ Mayor ATTEST: City Clerk 5/7/84