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HomeMy WebLinkAboutMinutes - City Council - 1984-12-17 355 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California December 17, 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. The invocation was offered by Pastor Dave Jensen 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, Elec- tric Director Lindley, Engineering Manager Russell , Electrical Engineer Coleman, Director of General Services Masingale, Associate Civil Engineer Hastings, Senior Planner Keaney, Senior Associate Planner King, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of December 3, 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 11 , check nos. 102084 through 102312 inclusive, in the amount of $2,498,919.15, be approved and paid, and Payroll Register No. 11 , check nos. 200219 through 200845 inclusive, in the amount of $493,291.08, for the period Novem- ber 18, 1984 through December 1 , 1984, be approved. Total : $2,992,210.23 Treasurer's Report - November 30, 1984 (B-130-150) Total Treasurer' s Accountability - 18,782,896.32 Claims for Damage and Personal Injury - 1st Hearing Sharon Minnis - Claim for Damages filed 11/27/84 Recommend referral to Insurance Carrier and set for second hearing January 21 , 1985 (C-090-020) Russell Reiner, Attorney for Tracy King - Claim for Personal Injury filed 12/12/84 Recommend denial and referral to Insurance Carrier (C-090-050) Award of Bid - Tone and Voice Pagers (B-050-100) City Manager recommends that Bid Schedule No. 1589A, Tone and Voice Pagers, be awarded to Jerry' s Mobile Radio on its lowest evaluated bid in the amount of $13,142.30, sales tax included. Award of Bid - Three Phase Pad Type Distribution Transformers (B-050-100) City Manager recommends that Bid Schedule No. 1589B, Three Phase Pad Type Distribution Transformers , be awarded to the evaluated low 12/17/84 356 bidder, RTE Corporation, in the amount of $196,310.94, sales tax included. Award of Bid - Special Sanitation Containers (B-050-100) City Manager recommends that Bid Schedule No. 1590, Special Sanitation Containers , be awarded to the low bidder, Piona' s Machine and Fabrica- tion, in the amount of $24,316.40, sales tax included. Award of Bid - Hydrogen Peroxide 50% Solution Wastewater Grade (B-050-100) City Manager recommends that Bid Schedule No. 1592 , Hydrogen Peroxide 50% Solution Wastewater Grade, be awarded to the low bidder, Van Waters and Rogers, in the amount of $.3848 per pound for the contract period from January 1 , 1985, through December 31 , 1985. Award of Bid - Lime (B-050-100) City Manager recommends that Bid Schedule No. 1593, Lime, be awarded to the sole bidder, Genstar Cement and Lime Company, in the amount of $133.30 per ton for the contract period from January 1 , 1985, through June 30, 1985. Award of Bid - Eight (8) Mid Size Compact Pickup Trucks (B-050-100) City Manager recommends that Bid Schedule No. 1595 , Eight (8) Mid Size Compact Pickup Trucks , be awarded to the low bidder, Taylor Motors, in the amount of $59,292.16, sales tax included. A reement - with IBM for Data Processing Equipment A-070-100) City Manager recommends that- Council approve an agreement with Inter- national Business Machines Corporation (IBM) for the lease purchase of the following data processing equipment: 2 - terminal controllers 1 - printer 13 - terminals 1 - display station It is recommended that the agreement be approved and that the Mayor be authorized to execute the document. Resolution Authorizing Contract Service Agreement - with Commission on Peace Officer Standards and Training (A-050-270) Finance Director recommends that Resolution No. 84-269 be adopted, a resolution of the City Council of the City of Redding approving State of California Commission on Peace Officer Standards and Training Agreement No. 84-011-22 with the Redding Police Department and author- izing the City Manager to execute the same. Resolution Authorizing Award of Contract - re Preparation of Pre- liminary Feasibility Report for a Municipal Solid Waste Electric Generation Project (E-120-300) Electric Director recommends that Resolution No. 84-270 be adopted, a resolution of the City Council of the City of Redding authorizing the Mayor to sign contract for professional services with Gibbs & Hill , Inc. to perform a preliminary feasibility report for a municipal solid waste electric generation project. 12/17/84 357 Set Public Hearing - re General Plan Amendment Application GPA-13-84, by Joe Machado (G-030-010) Planning Director recommends that a public hearing be set for 7:30 P.M. , January 7, 1985, to consider General Plan Amendment Application GPA-13-84, by Joe Machado. Acquisition of Property - 3711 Placer Street (C-070-010) Planning Director and Planning Commission recommend approval of the acquisition of property located at 3711 Placer Street, and that Council authorize the City Attorney to proceed with the acquisition and to sign the necessary documents. It was noted that the Planning Commission found that the project is in conformance with the General Plan. Annual Report of the Redding Redevelopment Agency (B-080-370) Secretary to the Redding Redevelopment Agency submitted the annual report to the City Council according to the California Health and Safety Code requirements. It is the recommendation of staff that Council acknowledge receipt of the report and order it be filed with the City Clerk. Resolution - re Lot Split Application LS-74-84, by CVR Trust (L-010-150) Planning Director recommends that Resolution No. 84-271 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-74-84, by CVR Trust. Resolution - Authorizing Project Agreement for Hilltop Drive/East Cypress Avenue Traffic Signal Operation Study (G-100-170 and T-080-700) Planning Director recommends that Resolution No. 84-272 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign necessary documents on behalf of the City of Redding for the Hilltop Drive/East Cypress Avenue Signal Operation Study Grant Program. Notice of Completion - Placement of Pavement Markers (B-050-020) Public Works Director recommends that Bid Schedule No. 1542 (Job No. 9464) , placement of pavement markers on various streets in the City of Redding, be accepted as satisfactorily completed by Riley' s Striping, and that the City Clerk be authorized to file a Notice of Completion (final contract price $16,890.56) . Notice of Completion - 1984 Surface Recycling and Asphalt Concrete Overlay Program (B-050-020) Public Works Director recommends that Bid Schedule No. 1548 (Job No. 9521 ) , 1984 surface recycling and asphalt concrete overlay program, be accepted as satisfactorily completed by J. F. Shea Co. , and that the City Clerk be authorized to file a Notice of Completion (final con- tract price $873,310.11 ) . "' Resolution Accepting Streets and Acceptance of Final Map and Improve- ments - Ashley Subdivision *ZS-070-230 and S-100-033) Public Works Director recommends that Resolution No. 84-273 be adopt- ed, a resolution of the City Council of the City of Redding accepting for maintenance and operation Ashley Court in the Ashley Subdivision. 12/17/84 358 It is further recommended that improvements be accepted in Ashley Subdivision as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution Accepting Streets and Acceptance of Improvements - Lake Forest Estates Subdivision *(5-070-230 and S-100-415) Public Works Director recommends that Resolution No. 84-274 be adopt- ed, a resolution of the City Council of the City of Redding accepting for maintenance and operation Santa Rosa Way, Goodview Way and Lake Forest Drive in the Lake Forest Estates Subdivision. It is further recommended that improvements be accepted in Lake Forest Estates Subdivision as satisfactorily completed, and that the City Clerk be instructed to return the original securities to the de- veloper. Resolution - re Intention to Abate Property at 1152 Center Street (A-030-070) City Attorney recommends that Resolution No. 84-275 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 Theo and Gail Bui and located at 1152 Center Street) . Resolution - Ordering Abatement of Property at 2828 Fern Avenue, owned by Gary Barber (A-030-070) City Attorney recommends that Resolution No. 84-276 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 2828 Fern Avenue (owned by Gary Barber) . Resolution - Approving Cost of Abatement at 1031 Bond Street (A-030-070) City Attorney recommends adoption of Resolution No. 84-277, a resolu- tion of the City Council of the City of Redding approving and confirm- ing report and account of the cost of abatement of unsafe buildings and debris on the Steinbach property, 1031 Bond Street. Lease Agreement - with CH2M Hill for Hangar Activities at Benton Airpark (A-090-020 and C-070-100) City Attorney recommends renewal of a lease agreement with CH2M Hill for aircraft hangar activities at Benton Airpark, commencing October 1 , 1984, and terminating September 30, 1987. Commercial Activities Permit - with Bruce Galloway (National Car Rental ) (A-090-100) City Attorney recommends renewal of a permit issued to Bruce R. Galloway to operate the National Car Rental service at the Redding Municipal Airport, commencing September 15 , 1984, and terminating September 14, 1989. Promotional Funding Agreement - Shasta-Cascade Wonderland Association (B-130-030-700) City Attorney recommends approval of a promotional funding agreement in the amount of $9,630, with Shasta-Cascade Wonderland Association for promotion of the Redding area for fiscal year 1984-85. 12/17/84 359 Standardization of Filing (A-050-055) City Clerk recommends that Council approve the purchase of new files, supplies , and equipment for the City Clerk' s department to convert all documents from legal size to letter size, at an approximate cost of $4,007.10 for files and $2,000 for supplies. A supplemental appro- priation will be required for this purpose. • MOTION: Made by Council Member Gard, 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, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution Numbers 84-269, 84-270, 84=271 , 84-272, 84-273, 84-2.74, 84-275, 84-2.76, and 84-277, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request from Redding Yellow Cab - Three Additional Taxi Permits (T-100-500) A letter was received from Nancee Brezina of Redding Yellow Cab requesting three additional cab permits for the holiday season to accommodate the free cab service sponsored by Redding Yellow Cab Co. , Redding Medical Center, New Beginnings, and Redding Area Beer Whole- salers, for those who have been drinking. Mrs. Brezina was present and submitted a letter from her insurance agent indicating that her insurance through Sutter Insurance Company will be terminating January 5, 1985. The letter noted that Sutter will cover the vehicles needed over the Christmas and New Year holi- days. Mrs. Brezina pointed out that her agent does not feel there will be a problem replacing her insurance coverage with another company. City Attorney Hays explained the findings which must be made by Council in order to grant the additional permits and noted that they can be granted for a specified time period. He emphasized that an approved insurance certificate, specifically listing each vehicle, must be on file with the City Clerk, before any permits can be issued. Council Member Pugh noted that if Council makes the finding that there is a public need, the other requirements will be taken care of by the City Clerk' s office. He felt there is a real need for this program and it is a great benefit to the public. In response to an inquiry from Council Member Gard, City Clerk Nichols replied that the Chief of Police is responsible for inspection of the vehicles. The City Attorney commented that this is part of the permit process. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh finding that the public convenience and necessity is such that the issuance of three additional taxi permits to the Yellow Cab Co. , is justified on a temporary basis (through January 2, 1985) , subject to the requirements of the City Clerk. The Vote: Unanimous Ayes 12/17/84 360 Request from Telephone Pioneers - re Sale of Alcoholic Beverages at the Senior Citizens Hall (A-110-100) A letter was received from the Telephone Pioneers of America, request- ing permission to sell alcoholic beverages at the Senior Citizens Hall for their annual Crab Feed to be held on February 2, 1985. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh approving the request of the Telephone Pioneers of America as stated above, subject to the necessary insurance requirements. The Vote: Unanimous Ayes Proposal from Buel Hunt (L-010) A letter was received from Buel B. Hunt proposing to offer his ser- vices as a paid consultant on an as-needed project basis, and also to offer his interest on a no-charge basis at special commission, plan- ning, and other meetings, in the field of urban forestry. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh referring Mr. Hunt' s proposal to staff for future reference if there is a need for such services. The Vote: Unanimous Ayes APPOINTMENTS - Community Development Advisory Committee and Redding Rede- velopment Agency *(B-080-600-100 and B-080-370) Mayor Kirkpatrick recommended that Steve E. Mefford be appointed to fill the vacancy on the Community Development Advisory Committee representing the Bonnyview/Sacramento Drive area for the term ending June 1 , 1988. He further recommended that Jim Williams be reappointed to serve on the Redding Redevelopment Agency for a four-year term ending January 1 , 1989. MOTION: Made by Council Member Pugh, seconded by Council Member Gard, approving the above appointments as recommended by the Mayor. The Vote: Unanimous Ayes ORDINANCE - re Off-Highway Motor Vehicles (C-110-100) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1705 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Ordinance No. 1705 be adopted, an ordinance of the City Council of the City of Redding adding Chapter 10.24 to the Redding Municipal Code, per- taining to off-highway motor vehicles. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1705 is on file in the office of the City Clerk. ORDINANCE - re Sacramento River Trail (P-050-460-700) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1706 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining 12/17/84 361 MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Ordinance No. 1706 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 10.20, pertaining to the Sacramento River Trail . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1706 is on file in the office of the City Clerk. ORDINANCE - re Swimming Pools (L-010-500) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1707 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Ordinance No. 1707 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 16.28 of the Redding Municipal Code, pertaining to swimming pools. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1707 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-20-84, by City of Redding (L-010-230) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1708 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Ordinance No. 1708 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-20-84) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Ordinance No. 1708 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-24-84, by Chuck Warner et al (L-010-230) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1709 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Ordinance No. 1709 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code 12/17/84 362 relating to the rezoning of certain real property in the City of Redding (RZ-24-84) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Ordinance No. 1709 is on file in the office of the City Clerk. ORDINANCE - re Handbills (C-110-100) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1710 be waived, and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Ordinance No. 1710 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.36 of the Redding Municipal Code, pertaining to handbills. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1710 is on file in the office of the City Clerk. RESOLUTION - re Memorandum of Understanding Between Anderson-Cottonwood Irrigation District and City of Redding Pertaining to Development of Hydroelectric Facilities (W-030-700-010) Electric Director Lindley reviewed his memorandum to Council dated December 12, 1984, which is incorporated herein by reference. He stated that subsequent to the receipt of the FERC Preliminary Permits for the Lake Redding Power Project and the ACID Canal Power Projects, all of which propose to use lands and/or facilities of the Anderson-Cottonwood Irriga- tion District, the Electric Department began negotiations with the Dis- trict, for an equitable arrangement. Mr. Lindley advised that on December 6, 1984, the District approved a Memorandum of Understanding, a copy of which was submitted to Council . It is the recommendation of the Electric Director that a resolution be adopted approving the Memorandum of Understanding and authorizing the Mayor to execute the documents. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 84-278 be adopted, a resolution of the City Council of the City of Redding, approving the Memorandum of Understanding between the City of Redding and the Anderson-Cottonwood Irrigation District relating to the development of hydroelectric facilities and authorizing the Mayor to sign same. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-278 is on file in the office of the City Clerk. SACRAMENTO RIVER HYDROELECTRIC PROJECT NUMBERS 3, 5 , and 6 - re Their Relationship to the Lake Redding Project *(E-120-070-425, 576, 578, and 579) Electric Director Lindley reviewed his memorandum to Council dated 12/17/84 363 December 12, 1984, which is incorporated herein by reference. He provided Council with a summary of the development of the proposed ACID Canal Hydroelectric Projects, information regarding the current status of these projects , and the relationship of these projects to the proposed Lake Redding Project. It is the recommendation of the Electric Director that Council not proceed with the filing of applications regarding the Sacramento River Hydroelec- tric Project Numbers 3 and 5 until a determination on the Lake Redding Project appears imminent. He also noted that Project Number 6 would not be feasible if the Lake Redding Project is constructed. Mr. Lindley pointed out that no action is required if Council concurs with the above recommen- dation. No action was taken on this matter. RESOLUTION - Authorizing Old City Hall Grant Application (G-100-170 and C-050-500) Senior Associate Planner King reviewed the memorandum of the Planning Director dated December 14, 1984. He stated that a citizen' s committee has been studying the feasibility of restoring Old City Hall into a fine arts center. Mr. King briefed Council on the committee's conclusion that there is a need for such a facility. Mr. King explained that the architect' s estimated project cost is $429,000. The committee is recommending that the City apply for a grant from the State Office of Historic Preservation ($300,000) , initiate a community fund drive (80,000) , and provide a City match in the amount of $49,000. It is recommended that the negative declaration be ratified and a resolu- tion be adopted authorizing the City Manager to apply for the grant. It is further recommended that the citizen' s committee immediately begin the funding campaign with the goal of raising $80,000 by October 1985. Council Member Demsher asked Mr. Jim Williams to review the work of the committee. Mr. Williams emphasized that the restoration of Old City Hall is very meaningful to him, and through the work of the committee he sees more and more how important this project is to Redding. He said the committee felt it is very important to have community involvement in the project and they hope to raise $80,000 within the community through local fund drives. He noted that the North Valley Art League and the Riverfront Playhouse has said they are willing to help. He said some bricks will be sold for smaller donations and they will also be seeking some much larger donations. Mr. Williams explained that the bell tower will also be replaced as a special project through special contributions. Council Member Gard thanked Mr. Williams and the committee for their work and felt the project is very exciting. Council Member Demsher expressed his heart-felt appreciation to Mr. Williams for his work on this committee and his commitment to this build- ing. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Resolution No. 84-279 be adopted, a resolution of the City Council of the City of Redding approving the application and the project agreement for historic preservation grant funds for the Old City Hall project from the California Park and Recreational Facilities Act of 1984. 12/17/84 364 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-279 is on file in the office of the City Clerk. PUBLIC HEARING - re Ridgewood Sewer Assessment District No. 1984-2 (A-170-100-600) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Ridgewood Sewer Assessment District No. 1984-2. 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 Proof of Publication - Notice Inviting Bids The City Clerk advised that written protests have been included in the Council packets. Special Bond Counsel Sperry advised that bids have been received for this project and the Engineer for the project is present to explain the bid results. He also noted that a representative from the County Environmental Health Department is present to respond to questions or concerns. Bernie Bryson, Civil Engineer, 1644 East Street, advised that bids on this project were opened a week ago and the low bid of $447,955, was submitted by Marshall Worley Construction. He explained that due to this low bid, a reduction of approximately 8% was made to the original proposed assessments. Bud Linggi , 1248 Hope Lane, asked if Council had received copies of his letter. The Mayor advised that they did receive his letter. The City Clerk pointed out that protest letters have also been re- ceived this evening from Nancy Arrowsmith, and Frank Johnson , which have not been distributed to Council . MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard expressed some concern about the densities in this area and the County' s ability to provide sewer service. Mr. Perry advised that this area is all within the City' s regional sewer service area. Ralph Tetreault, Director of the County Environmental Health Depart- ment, said he has discussed this with their Chief Sanitarian and there is a long history of sewer system failures in the area. He said they have had to refuse applications for projects in this area because it would be impossible to dispose of sewage. Council Member Fulton expressed the concern that many property owners have indicated that their sewers are operating adequately. Mr. Tetreault replied that the rate of sewer failures is growing and added that individual sewage disposal systems are not meant to be permanent solutions. He emphasized that the sewer system proposed is far more preferable and will help prevent potential health hazards. 12/17/84 365 Resolution - Overruling Protests MOTION: Made by Council Member Gard, seconded by Council Member Pugh that Resolution No. 84-280 be adopted, a resolution of the City Council of the City of Redding overruling protests for Ridgewood Sewer Assessment District No. 1984-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-280 is on file in the office of the City Clerk. Amended Engineer' s Report Resolution - Approving Report and Assessment and Ordering Assessment MOTION: Made by Council Member Gard, seconded by Council Member Pugh that Resolution No. 84-281 be adopted, a resolution of the City Council of the City of Redding approving report and assessment and ordering improvements for Ridgewood Sewer Assessment District No. 1984-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-281 is on file in the office of the City Clerk. Resolution - Authorizing Change Orders MOTION: Made by Council Member Gard, seconded by Council Member Pugh that Resolution No. 84-282 be adopted, a resolution of the City Council of the City of Redding authorizing change orders for Ridgewood Sewer Assessment District No. 1984-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-282 is on file in the office of the City Clerk. PUBLIC HEARING - re Victor Avenue Bridge Assessment District No. 1983-9. (A-170-020-900) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Victor Avenue Bridge Assessment District No. 1983-9. The following documents are on file in the office of the City Clerk: Certificate of Filing - Boundary Map with County Recorder Certificate of Filing - Amended Boundary Map with County Recorder Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement Affidavit of Publication - Notice of Improvement The City Clerk advised written protests have been included in Council packets. Special Bond Counsel Sperry advised that the facilities have been constructed and the Engineer' s Report has been completed. He noted 12/17/84 366 that the proceedings for this assessment district are somewhat dif- ferent in that the assessments are based on the cost of the improve- ments as constructed. He advised that the Engineer of Record, Robert Frosley is present this evening. Additional protest letters were submitted to the City Clerk from Mr. & Mrs. Steven Hudson, Assessment No. 5, and Mrs. Don Harris, on behalf of Mrs. Lela Hudson, Assessment No. 6, and were read aloud. A letter from Mr. Delbert Acurso, Assessment No. 67, was also read. Mona Stiles , 1934 Vega, Assessment No. 11 , said that prior to purchas- ing their property in Woodhaven Homes, they were asked if they would be willing to pay $250 for their portion of the construction of the bridge. She said they have now received their bill in the amount of $1 ,017.39. Mrs. Stiles felt they had been mislead by their sales agent about the amount of the assessment. Lewetta Rhoades, sales agent for Woodhaven Homes, said they were very careful , before any contracts were signed, that people were aware that they would be paying assessments up to $1 ,500. She said the devel- opers agreed that they would pay anything over that. Ms. Rhoades said they tried to make everyone aware that there would be an assessment forthcoming and that they would receive a very real benefit. Earl Brooks who resides in Pasadena, said he has owned Assessor's Parcel Number 068-110-29 (Assessment Number 64) , for over 25 years. He said he has access to his property only from Marlene and has no access to Victor Avenue or the bridge. He said his future access is dependent entirely on the development of a large piece of property to the west of his. Mr. Brooks contended that the benefit he will derive is not equal to that of the properties who have direct access. He objected to the amount of the assessment for something that may never be a benefit to him. He asked that that Council apply the assessments to those who have access to the bridge. Mary Hudson, 1660 Galaxy Way (Assessment Number 5) , said her family has lived on this property for over 40 years. She said they have no plans for developing the property. Mrs. Hudson emphasized that they have put everything they have into their property and their home and this assessment would be an extreme hardship for them. She said the assessment would force them to do otherwise with their property. Del Acurso, 667 Gary Court (Assessment Number 67) , said the map shows that he has direct access to Victor Avenue, when in fact there is a strip of land owned by the City between his property and Victor Avenue. He felt there is no justification for his assessment of over $25,000. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining. In response to an inquiry from Council Member Fulton about the Acurso assessment, Mr. Frosley advised that two methods of assessment were used for the project. He explained that the cost for the construction of Victor Avenue between Hartnell Avenue and the bridge has been distributed to the adjacent properties in relation to the cost of the improvements in front of each property. He noted that some property owners had already installed some improvements. Mr. Frosley added that Mr. Acurso's property is a corner lot and therefore he was assessed for frontage on both Victor and Hartnell . He explained that 12/17/84 367 the bridge construction cost and related bridge approach costs have been distributed to the properties south of the bridge. Mr. Frosley explained that improvements from the bridge south were paid for by Marshall Worley and that is why those lots are not a part of this assessment district. He said the Hudson property was given conservative assessments because of the configuration of the property. Mayor Kirkpatrick asked Mr. Sperry about the feasibility of deferred payment agreements. Mr. Sperry said he is not aware that any consid- eration was given to that type of arrangement but Council could direct Bond Counsel to examine the concept. He referred to the Subdivision Map Act and the bridge and major thoroughfare benefit provision. Council Member Gard noted that in any kind of "pay-back" situation, the City would pick up assessments and at some future time be paid back with interest. She said this brings some wide spread ramifica- tions. Mr. Sperry said the starting point would be to identify proponents who would be willing to participate and he would be willing to explore that with staff if Council wishes. In response to an inquiry from Council Member Gard about time limits, Mr. Sperry advised that there are none, however the contractors borrowed money to complete the project and interest is a component of the cost. He does not feel this would be prohibitive. Mr. Sperry pointed out that not all the unhappiness can be accommodated. Mayor Kirkpatrick felt that this is an avenue that should be explored. Mr. Sperry advised that he will commit to a report back to Council on January 7, but it may have to be continued if the matter is not resolved. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that deliberation of this matter be continued to January 7 , 1985. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-23-84, by Raymond Heinrich (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-23-84, by Raymond Heinrich. 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 12, 1984 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 Perry reviewed his memo- randum to Council dated December 12, 1984. He stated that the Plan- ning Commission has recommended rezoning of property located at 2909 and 2925 Reservoir Lane from "U" Unclassified District to "RM-9-F" Multiple-Family Residential District. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . 12/17/84 368 It is the recommendation of the Commission and staff that RZ-23-84 be approved, that the negative declaration be ratified and an ordinance be offered for first reading with the attached site-plan-review criteria. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Council Make the following findings relative to Rezoning Application RZ-23-84: 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 Administrative Review on October 24, 1984. The Vote: Unanimous Ayes Council Member Fulton offered Ordinance No. 1711 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-23-84) . PUBLIC HEARING - re Rezoning Application RZ-21-84, by Redding Drive-In Theatre, Inc. (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-21-84, by Redding Drive-In Theatre, Inc. 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 13, 1984 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 Perry reviewed his memo- randum to Council dated December 13, 1984. He stated that the the Planning Commission has recommended rezoning of property located at 897 North Market Street from "C-1" Neighborhood Commercial District to "C2-B10-F" Central Commercial District. A map of the area was shown on the Vu Graph and a copy of the draft negative declaration was submitted to Council . Mr. Perry explained that the purpose of the rezoning is to permit an opportunity to conduct outdoor sales (swap meet) at the existing drive-in theatre on weekends during the day. He said staff felt a "C-2" District was not appropriate for the site nor was a swap meet an appropriate long-term use for the property. After discussing the concerns with the applicant' s attorney, several restrictions were agreed to, if the rezoning were approved. It is the recommendation of the Planning Commission and staff that RZ-21-84 be approved as recommended and that the negative declaration be ratified. If Council concurs, it is suggested that an ordinance be 12/17/84 369 offered for first reading and the Mayor be authorized to sign the use agreement upon receipt of a signed and notarized copy prior to the second reading of the ordinance. Leonard Bandell , Attorney representing the applicant, advised that the neighboring property owner (the mobilehome park) , expressed some concerns which were addressed by the conditions in the use permit. He said with this use agreement, the "C-2" District would be less re- strictive than the "C-1" District. In response to an inquiry from Council Member Gard, Mr. Perry advised that the reason for the five year time limit on the use permit is that the Benton Ranch should be developing shortly thereafter and at that point, this will be the entrance to the subdivision or a City park. Council Member Gard said she has some concerns with the five year limit and preferred possibly a three year limit with one year exten- sions. She felt this could impact surrounding properties and traffic. Mr. Perry said staff felt a swap meet would not be any worse than the night-time operation of the movie theatre. He added that the use permit for the swap meet does carry some limitations and can be revoked, whereas the drive-in has no limitations on its operation. Mr. Bandell stated that these matters were considered by the Planning Commission and the end result was that there were no negative votes. He said he did not think his client would have any objections to changing the time period for the use permit. Council Member Demsher said he has some concerns about the time period and the use. He felt a swap meet would open up new dimensions, add to the heavy traffic burden in the area , and cause other attendant problems such as increased dust and noise. Mr. Bandell said dust was a concern of the Planning Commission and surrounding property owners and staff proposed a condition that any roads would have to be paved in some fashion. As far as vehicular movement, Mr. Bandell said this is the first time it has been ad- dressed. Council Member Demsher also pointed out that parking is going to be a problem and people will be parking elsewhere besides on the theatre grounds. Mr. Bandell replied that it is a requirement that two paved parking spaces be provided for each seller. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes Council Member Pugh asked Mr. Perry about the amount of traffic generated from this proposal and the number of booths. Mr. Perry advised that the number of booths will be variable and added that traffic was considered. He said parking was not considered to be a problem and noted that the City has no previous experience with swap meets. Mayor Kirkpatrick pointed out that the traffic from this type of use would be spread out over a longer period of time as opposed to a theatre when most cars would be leaving at the same time. 12/17/84 370 Mr. Perry advised that if the swap meet used all the available park- ing, they would be required to pave an additional area to the rear of the property to provide more parking. City Attorney Hays pointed out that this parcel has access through the Farmers Market lot. Council Member Fulton felt that the dust and traffic problem has not been adequately addressed. Mayor Kirkpatrick said the access from Farmers Market could be condi- tioned and felt the requirement for paving would eliminate the dust problem. Council Member Pugh said it appears to him that a new traffic impact would be generated on an already impacted intersection which needs lights. Council Member Gard asked if there is any way to condition that property to provide a traffic light. Mr. Perry advised that this could be required only if a subdivision map were submitted. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Rezoning Application RZ-21-84, by Redding Drive-In Theatre, Inc. , be denied. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - Kirkpatrick Absent: Council Members - None PUBLIC HEARING - re Rezoning Application RZ-1-81 , by Donald Nelson (L-010-230) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-1-81 , by Donald Nelson. 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 13, 1984 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 Perry reviewed his memo- randum to Council dated December 13, 1984. He stated that the Plan- ning Commission has recommended rezoning of property located at 1011 Lake Boulevard from "R2-RT" Duplex Residential District and "C2-RT-B40-F" Central Commercial District to "Rl-ST" Single-Family Residential District for the recorded residential lots of Lake Forest Estates, "Cl-B20-F" for the 37 ,460-square-foot commercial lot at the corner of Lake Boulevard and Santa Rosa Way, and "U" Unclassified District for the undivided remainder. A map of the area was shown on the Vu Graph. Mr. Perry explained that in 1981 , Council approved a rezoning of the subject property but the ordinance was not adopted due to insufficient survey data. The applicant has now reapplied for basically the same project but also requested that the parcel at the corner of Lake Boulevard and Santa Rosa Way be zoned "C-1" Neighborhood District. 12/17/84 371 It is the recommendation of the Planning Commission and staff that the rezoning be approved as outlined and that an ordinance be offered for first reading which includes site-plan-review criteria to minimize impacts on adjoining residential uses. MOTION: Made by Council Member Demsher, seconded by Council Member III Gard that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Council make the following findings relative to Rezoning Application RZ-1-81 : 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 Administrative Review on January 28, 1981 . The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Fulton offered Ordinance No. 1712 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-1-81 ) . PUBLIC HEARING - re Appeal of Denial of Variance Application V-20-84, by Don Sanders III (L-010-030) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re appeal of denial of Variance Application V-20-84, by Don Sanders. 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 and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated December 13, 1984, which is incorporated herein by reference. He stated that the Planning Commission denied Variance Application V-20-84, by Don Sanders, requesting permission to encroach 8.5 feet into the required ten-foot side-yard setback with a recently constructed carport on property located at 1870 Crestmont Drive, in an "R1-B1" Single-Family Residential District. Mr. Perry added that the carport was constructed without benefit of a building permit or a variance, in front of his residence extending from a two-car garage. He pointed out that the carport is setback a distance III of only 20 inches on the north property line. Mr. Perry explained that if the variance is granted, the applicant would need to construct a one-hour fire wall with no openings on the north side of the structure. He noted that the property owner to the north has stated h objects to a solid wall 20 inches from the 12/17/84 372 property line. Mr. Perry outlined the options available to Council at this time. It is the recommendation of staff that the action of the Planning Commission be upheld and the variance be denied. Jerry Asher, 1860 Crestmont, said he does not want a solid wall directly outside his bedroom window. He said he can live with the carport the way it is now rather than having the solid wall . MOTION: Made by Council Member Fulton, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Gard said she sees no way that Council can make the findings to approve a variance. Council Member Demsher emphasized that the fire wall , which is a requirement of the State Uniform Building Code, is being required because the proper procedures were not followed in the first place. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the appeal of Variance Application V-20-84, be denied, and that the structure be removed or modified to comply with the appro- priate building codes. The Vote: Unanimous Ayes with Council Member Pugh abstaining SET FIELD TRIP - re Alternative Sites for Sewage Treatment Plant (B-080-650-570 and W-010) With the concurrence of Council a field trip was set for 10:00 A.M. , January 8, 1985, to review alternative sewage treatment plant sites. ACCEPTANCE OF FINAL MAP - Woodhaven Homes Subdivision, Block M (S-100-808) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the final map for Woodhaven Homes Subdivision, Block M, be approved, and that the City Clerk be instructed to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes with Council Member Pugh abstaining ACCEPTANCE OF FINAL MAP - Bramblewood Terrace Subdivision, Unit No. 4 (S-100-065) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the final map for Bramblewood Terrace Subdivision, Unit No. 4, be approved, that the Mayor be authorized to sign the Subdivision Agreement, and that the City Clerk be instructed to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes with Council Member Pugh abstaining RESOLUTION - re Public Convenience and Necessity re Jurin Property (C-070-010 and E-090-160) City Attorney Hays advised that based upon the proposed plan for electrical development as set forth in an EIR previously acted on by the Council , the property and easements in question are being sought for the development of a substation site and various transmission line easements. He explained that negotiations to purchase the property from the Jurins have not been successful and therefore it is recommended that Council authorize the institution of condemnation proceedings to acquire the property. 12/17/84 373 Leonard Bandell , Attorney for Mr. & Mrs. Milton Jurin, objected to these proceedings on behalf of his clients. He said this portion of the Jurin property is the best of approximately 250 acres of property they have in the area. He questioned the findings that this is for the greatest public good and the least private injury. He suggested that possibly the City could have shared uses on the parcel . Mr. Hays said this procedure puts into being the matters disclosed during the EIR process and the City is seeking to move forward in accordance with the findings that were made at that time. He added that based upon title reports, the property appears to have no feasible access at this time. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Resolution No. 84-283 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements, to-wit: easements and real property for an electric sub- station to serve the municipal airport and southeast Redding (Milton H. and Donna R. Jurin and John D. and Phyllis J. Jurin). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-283 is on file in the office of the City Clerk. ORDINANCE - Modifying the Traffic and Parking Commission (B-080-550) City Attorney Hays advised that a draft ordinance is being submitted which will result in the reorganization of the Traffic and Parking Commission to consist of five members rather than seven. He noted that the Commission has been operating for some time at the five-member level . Council Member Demsher offered Ordinance No. 1713 for first reading, an ordinance of the City Council of the City of Redding amending Sections 2.72.020 and 2.72.050 of the Redding Municipal Code, pertaining to the Traffic and Parking Commission ORDINANCE - Prohibiting Alcoholic Beverages in Buckeye and Library Parks (A-110-070, P-050-070, and P-050-300) City Attorney Hays advised that the Director of Recreation and Parks has indicated that the Recreation and Parks Commission has recommended the addition of the Buckeye Park and Library Park areas, including the parking lots , to be added to the list of those City facilities upon which the possession or consumption of alcoholic beverages is prohibited. Council Member Gard offered Ordinance No. 1714 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 10.20 of the Redding Municipal Code, pertaining to alcohol in City parks. GOVERNMENT CODE REQUIREMENTS - re Commissions, Boards, and Committees (B-080) As required by Government Code Section 54972 , City Clerk Nichols submitted the following to Council : 1 . A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. 12/17/84 374 2. A list of all boards, commissions , and committees whose members serve at the pleasure of the City Council , and the necessary qualifications for each position. Mrs. Nichols stated that these lists are posted in the office of the City Clerk and are available to the public upon request. This was an information item and no action was required. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications (A-110-140) The Brass Rail (Kathie Steers, Millie Ellis) 3029 Twin View Blvd. Albertson' s Food Center #767 (Albertson' s Inc. ) Hilltop & Hwy. 44 Mall Mart (Reiser-Morgan Partnership) 1233 Hilltop Drive River City Bar & Grill 2880 Park Marina Drive Public Utilities Commission: (S-050-350) PGandE Request to Increase Electric Rates ADJOURNMENT There being no further business, at the hour of 9:30 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ayor ATTEST: City Clerk 12/17/84 /I