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HomeMy WebLinkAboutMinutes - City Council - 1980-12-01 458 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California December 1, 1980 7 : 00 P .M. • The Pledge of Allegiance to the Flag was led by Planning andI/ Community Development Director Perry. The invocation was offered by Reverend T . W. Hendrix, Pastor of the Christian-' Church. The meeting was called to order by Mayor Pugh with the following Council Members present: Fulton, Kirkpatrick, and Pugh. Council Members absent: Demsher and Gard Note: Council Member Gard entered the meeting at 7 : 05 P .M. as indicated hereinafter. Also present were Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Develop- ment Director Perry, Director of Electric Simpson, Associate Civil Engineer Hastings, Senior Associate Planner Keaney , Traffic Engineer Hamilton, Airports Manager McCall, Engineering Technician Duryee, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the minutes of the regular meeting of November 17, 1980, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Petition re Loitering Problem on Pine Street - A petition was received from employees in the Downtown area requesting more police control to stop the harassment and damage done to tpLP vehicles brought on by people loitering on Pine Street and in Public Parking Lot No. 3 after 10 P .M. With the concurrence of Council, Mayor Pugh referred said petition to staff for report from the City Manager and from the Police Chief. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 11, check nos . 73958 through 74255 inclusive, in the amount of $984 , 828 . 09 , be IOU approved and paid, and that Payroll Register No. 11, check nos . 137965 through 138505 inclusive, in the amount of $381 , 105. 73 , for the period November 9, 1980 through November 22 , 1980 , be approved. Total $1, 365, 933. 82 Voting was as follows: Ayes : Council Members - Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher and Gard CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Howard R. Frace - Claim filed 11/20/80 MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Claim for Damages filed by Howard R. Frace, 3 on November 20, 1980, be approved in the amount of $48 . 42 . The Vote: Unanimous Ayes 12/1/80 1 459 CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd Hearing Tamar W. Cunningham - Claim filed 10/29/80 3 MOTION: Made by Councilman Kirkpatrick, seconded by Council- / man Fulton that Claim for Damages filed by Tamar W. Cunningham on October 29 , 1980, be approved in the amount of $85 . 00 . The Vote: Unanimous Ayes Carol M. Blankfield - Claim filed 10/29/80 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Damages filed by �a 3 Carol M. Blankfield on October 29 , 1980, . be approved in the amount of $424. 50 . The Vote: Unanimous Ayes Freda Burns - Claim filed 10/.29/80 MOTION: Made by Councilman Fulton, seconded by Council- man Kirkpatrick that Claim for Damages filed by Freda /a"3 Burns on October 29 , 1980 , be denied and the claimant so advised. The Vote: Unanimous Ayes Ted Wallace - Claim filed 11/5/80 MOTION: Made by Councilman Kirkpatrick, seconded by 3 Councilman Fulton that Claim for Damages filed by Ted l � Wallace on November 5, 1980, be approved in the amount of $50. 25. The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS - Douglas Weaver City Attorney Hays advised that Claim for Damages filed by the 3 California State Automobile Association, on behalf of Douglas Weaver, has been settled by the City Insurance Carrier in the amount of $231. 84. Councilwoman Gard entered the meeting at this time. ORDINANCE - re Rezoning Application PD-9-80 MOTION: Made by Councilman Fulton, seconded by Councilman '4�"f Kirkpatrick that full reading of Ordinance No. 1523 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1523 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, (PD-9-80) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Ordinance No. 1523 is on file in the office of the City Clerk. GROWTH COMMITTEE RECOMMENDATION - Upper Churn Creek Sewer Assessment District Councilman Kirkpatrick reviewed the recommendation from the Growth Committee to Council, dated November 13 , 1980 , pertaining to the proposed Upper Churn Creek Assessment District. Said lo01 recommendation is hereby made a part of these minutes by refer- ence. The Committee considered sewer-line capacity in relation to General Plan densities, City-limit lines, and one property owner' s conditional signing. Mr. Kirkpatrick stated that the 12/1/80 460 line is proposed to be constructed in accordance with Plan "B" of the Master Sewer Plan. The area would serve approximately 3, 460 acres and will have a capacity of approximately 9 , 000 household equivalents. He stated that, according to the engineers for the Assessment District, the line would serve approximately 5, 005 HE, including commercial, industrial and residential uses in 2, 130 acres. Mr. Kirkpatrick said that as proposed, the Assessment District would construct a sewer line which, based on the General Plan, is sufficient to serve the area within the Assessment District and still allow for urbanization of the remainder of the area up to the regional sewer-service boundary. He discussed the policy for hookups to the system and the distribution of household equivalents in the subject area. The difference in the County and City General Plans within the boundaries of the Assessment District was also discussed and it is the recommendation of the Growth Committee that, if property owners outside the City wish to use the services of the City, they should work under the same General Plan as those property owners in the City . The last issue discussed in the report was that of conditional signups . Mr. Kirkpatrick stated it is the opinion of the Committee that conditional signups should not be permitted as an indirect way of amending the General Plan. He stated that the Committee recommends that Council proceed with the Assessment District, and listed six conditions under which it should do so. Mr. Kirkpatrick concluded that the Committee feels the proper procedure for any property owner in the District desiring additional units , is to request a General Plan amendment. Councilwoman Gard noted that the Growth Committee had prepared an excellent report and has offered good solutions . She added that the assignment of household equivalents is a way to alleviate the problem of people participating in assessment districts , only to find that the line is full at the time they wish to connect. Mayor Pugh agreed and felt it is necessary to calculate the burden on utilities and identify the areas of demand for future development. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Growth Committee dated November 13, 1980, regarding the Upper Churn Creek Sewer Assessment District and direct staff to proceed with the assess- ment district subject to the conditions outlined by the Growth Committee. The Vote: Unanimous Ayes APPEALS OF VALLEY VIEW SUBDIVISION - by Kenneth Knighten and the Shasta Lake Union School District Mayor Pugh abstained from discussion and voting on this item. Planning and Community Development Director Perry stated that at the conclusion of the public hearing on November 17, 1980 , re- / 0 garding the appeals of Valley View Subdivision by Kenneth Knighten and the Shasta Lake Union School District, Council referred the application to the City Attorney for response to the question raised by the developer' s attorney. Mr. Perry advised that, at this time, the response has not been completed, and it is the recommendation of staff that the item be continued until December 15, 1980. 12/1/80 461 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the aforementioned appeals of Valley View Subdivision be continued to December 15, 1980 . The Vote: Unanimous Ayes with Mayor Pugh abstaining APPEAL OF NORTHRIDGE GARDENS SUBDIVISION - by Shasta Lake Union School District Mayor Pugh abstained from discussion and voting on this item. Planning and Community Development Director Perry stated that at the conclusion of the public hearing on November 17, 1980 , regarding the appeal of Northridge Gardens Subdivision by Shasta Lake Union School District, Council referred the applica- �G tion to the City Attorney for response tothe question raised by the developer' s attorney. Mr. Perry advised that, at this time, the response has not been completed, and it is the recom- mendation of staff that the item be continued until December 15, 1980 . MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the aforementioned appeal of Northridge Gardens Subdivision be continued to December 15, 1980. The Vote: Unanimous Ayes with Mayor Pugh abstaining REZONING APPLICATION PD-11-80, NORTHRIDGE GARDENS - by Keystone Investments Mayor Pugh abstained from discussion and voting on this item. Planning and Community Development Director Perry stated that �, I at the conclusion of the public hearing on November 17 , 1980 , 1'1 Council referred the application regarding Rezoning PD-11-80, Northridge Gardens , to the City Attorney for response to the question raised by the developer' s attorney. Mr. Perry advised that at this time, the response has not been completed, and it is the recommendation of staff that the item be continued until December 15, 1980. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the aforementioned Rezoning Application PD-11-80 , be continued to December 15, 1980 . The Vote: Unanimous Ayes with Mayor Pugh abstaining ABANDONMENT APPLICATION A-8-80 - RESOLUTION - Setting Public Hearing MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-287 be adopted, a resolution of the City Council of the City of Redding declaring its in- tention to vacate and abandon a portion of Yuba Street between the Downtown Redding Mall and Pine Street (A-8-80) . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-287 is on file in the office of the City Clerk. SET PUBLIC HEARING - re Rezoning Application PD-10-80 , by Redding Development Associates MOTION: Made by Councilman Fulton, seconded by Councilwoman )4 Gard that a public hearing be set for 7: 30 P .M. , December 15 , 1980, re Rezoning Application PD-10-80, by Redding Development Associates. The Vote: Unanimous Ayes 12/1/80 462 TENTATIVE SUBDIVISION MAP - Golden Heights Subdivision, Unit Numbers 2 and 3, S-16-80, and S-18-80 Council was advised that the Planning Commission has granted Everett Whitney permission to create one lot at the west end of Golden Heights Drive and to create five lots at the south in end of Sherman Way, and approved the Tentative Subdivision Maps S-16-80 and S-18-80, Golden Heights Subdivision, Unit Nos . 2 and 3, subject to the 21 and 11, respectively, condi- tions of approval. A map of the area was shown on the Vu Graph and Council was provided a list of the conditions . TENTATIVE SUBDIVISION MAP - Woodacre Subdivision, S-17-80 Council was advised that the Planning Commission has granted Osgood Construction Company permission to divide 5 . 2 acres q located north of Woodacre Drive and 300 feet east of Bechelli �� Lane into 15 lots, and approved the Tentative Subdivision Map for Woodacre Subdivision, S-17-80, subject to the 21 condi- tions of approval. A map of the area was shown on the Vu Graph and Council was provided a list of the conditions . ANNEXATION No. 80-10 - Mt. Vista Subdivision and Redwoods Mobilehome Park Planning and Community Development Director Perry reviewed his memorandum to Council dated November 26, 1980 . He stated that �.3� the Local Agency Formation Commission considered the proposed annexation No. 80-10, Mt. Vista Subdivision and Redwoods Mobile- ' ca"� home Park, consisting of 289 acres located generally west of Highway 273, north of Lake Boulevard and south of the Mountain Lakes Industrial Park. A map of the area was shown on the Vu Graph. Mr. Perry advised that at the conclusion of its hearing, LAFCO amended the application to delete the southern 160 acres. Mr. Perry said that the City has sought to annex the entire area as requested by LAFCO several years ago. He stated that the annexation as commenced by Council on October 6 , 1980 , would achieve that goal, as less than 20 percent of the land value opposes the annexation and an overwhelming number of registered voters are in favor. It is the recommendation of staff that Council request LAFCO to reconsider the deletion of the southern 160 acres . Councilwoman Gard noted that Council recognizes the problem for the property owner of the southern 160 acres but stated that he is in limbo and will continue to be until the problem is resolved. (Refer to letter dated 11/6/80 , written to LAFCO by property owner. ) MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Annexation No. 80-10 , Mt. Vista Subdivision and Redwoods Mobilehome Park, be sent back to LAFCO for reconsideration to include the entire 289 acre area. The Vote: Unanimous Ayes ANNEXATION NO. 80-18 - Airport and Rancho Road Area Planning and Community Development Director Perry reviewed his memorandum to Council dated November 26, 1980 . Council was „51-:,,,t4 given copies of two letters requesting annexation of properties � in two areas to the City. The first property is located generally 0_ south of Rancho Road and west of Airport Road. The second is 12/1/80 463 located between Fig Tree Lane and the Municipal Airport. A map of the area was shown on the Vu Graph. Mr. Perry noted that together, they total 490 acres. Mr. Perry stated that most of the area in question lies outside the boundaries of the Regional Wastewater Treatment Plant. In reviewing the proposed annexation with the Growth Committee, it was the opinion of the Committee that in this case, the Redding Municipal Airport be included in the annexation request and that the properties in the annexation be given the same opportunities for City services as other properties inside the City have. It is the recommendation of both the Growth Committee and staff that annexation proceedings be commenced for the area, and that the City Attorney be instructed to prepare the necessary resolu- tions for the next regular Council meeting, re commencing annexa- tion proceedings and exchanging property tax revenues . Councilwoman Gard stated that sewage disposal must be provided for the Airport and whatever facilities are developed for the Airport would be available to the surrounding properties . Councilman Kirkpatrick noted that possibly a second regional sewer system would be considered south of the Airport. Mayor Pugh stressed the importance of considering this possibility in the immediate future, or possibly a new trunk line along Rancho Road that would tie into the existing Regional Sewer Treat- ment Plant. He stated that a long range master sewer plan needs to be considered including cost estimates, etc . MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard approving the recommendation of the Growth Committee and staff that annexation proceedings be commenced for the subject area and the City Attorney be instructed to prepare the necessary resolutions. The Vote: Unanimous Ayes SET PUBLIC HEARING - 1981-83 Community Development Block Grant Application MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick setting a public hearing re 1981-83 Community Development Block Grant Application, for 7 : 30 P .M. , December 15, 1980, to consider the proposed program and to authorize the filing of an application. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORT Public Works Director Arness presented the Public Works Planning 3 / ) Reports for December, 1980. RESOLUTION - Downtown Mall Security Gates, Bid Schedule No. 1264 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 80-288 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to (,3 negotiate for security gates for the Downtown Redding Mall, �1 Bid Schedule No. 1264, as no bids were received for the project. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-288 is on file in the office of the City Clerk. 12/1/80 464 AWARD OF BID - Restroom Addition to American Propeller Building at Redding Municipal Airport, Bid Schedule No. 1266 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Bid Schedule No. 1266, restroom addition to American Propeller Building at Municipal Airport, be awarded to Kenneth Behnke, on his low bid in the amount of $9 , 780 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher NOTICE OF COMPLETION - East Cypress Bridge Replacement at Little Churn Creek, Bid Schedule No. 1213 MOTION: Made by Councilman Fulton, seconded by Councilman 13 G� Kirkpatrick accepting the East Cypress Bridge Replacement at Little Churn Creek, Bid Schedule No. 1213, as being completed satisfactorily and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Wilsey-Willowbrae Assessment District, Bid Schedule No. 1194 MOTION: Made by Councilwoman Gard, seconded by Councilman S31 Kirkpatrick accepting the Wilsey-Willowbrae Assessment District No. 1979-2, Bid Schedule No. 1194, as being completed satis- factorily and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes RESOLUTION - re Application for Litter Control Grant Funds MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 80-289 be adopted, a resolution of the City Council of the City of Redding approving the application for ‘.2)`)1 j3 grant funds under the Solid Waste Management Act of 1980 . Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-289 is on file in the office of the City Clerk. RESOLUTION - re Leachate Control at City Landfill Public Works Director Arness reviewed his memorandum to Council dated November 24 , 1980 . He submitted a copy of the City ' s application to the State Water Resources Control Board for a grant to fund the construction of new leachate control facilities at the landfill . He advised that the completion of the land- jsq fill requires the construction of additional leachate facilities . Mr. Arness recommends adoption of the resolution authorizing acceptance of the grant funds and authorizing the City Manager to execute necessary documents . He stated that the project is designed to handle the leachate problem during the operating life of the landfill and will continue to function after the landfill is completed. Councilwoman Gard inquired as to how far down the canyon the City intends to extend the landfill and how stable is the fill . Mr. Arness assured Mrs . Gard that the fill is stable and staff has no concerns in that regard. Associate Civil Engineer Hastings indicated on the map (submitted to Council) the eastwardly extent of the fill . Said map is on file in the office of the City Clerk. 12/1/80 465 Councilwoman Gard asked that this be made a part of the record. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 80-290 be adopted, a resolution of the City Council of the City of Redding authorizing acceptance of State Assistance Program Grant Funds for Landfill Leachate Collector Project. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 80-290 is on file in the office of the City Clerk. AGREEMENT - With Caltrans for Participation in FAU Signalization Project MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton /OP approving an Agreement with Caltrans for participation in the FAU Signalization Project on Hilltop Drive at Route 44 and 1-5 Ramp Terminals, and authorizing the Mayor to execute said agree- ment on behalf of the City. The Vote: Unanimous Ayes ACCEPTANCE OF IMPROVEMENTS AND STREETS - Lot Split LS-76-79 � �g/ MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting the improvements in Lot Split Application LS-76-79 , for maintenance and operation. The Vote: Unanimous Ayes Resolution - Accepting Street MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 80-291 be adopted, a resolution of the City J� Council of the City of Redding accepting for maintenance and ~1 operation the end of Wheeler Street East of Yana Avenue, in Lot Split Application LS-76-79 . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-291 is on file in the office of the City Clerk. ACCEPTANCE OF IMPROVEMENTS AND STREETS - Woodside Meadows Sub- division, Unit No. 2 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting the improvements in Woodside Meadows Sub- division, �� Unit No. 2, for maintenance and operation and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous Ayes Resolution - Accepting Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-292 be adopted, a resolution /)97-1 of the City Council of the City of Redding accepting for main- tenance `7 and operation Hawthorne Court and the portion of Hawthorne Avenue within Woodside Meadows Subdivision Unit No. 2 . Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 80-292 is on file in the office of the City Clerk. VEHICLE PERMITS - Redding Yellow Cab Company ab3 A Public Works Director Arness advised that Traffic Engineer Hamilton 12/1/80 466 has prepared a report and recommendation regarding Redding Yellow Cab Company ' s request for renewal of twelve vehicle permits , which report was submitted to Council. Mr. Hamilton recommended that the Company be issued six vehicle permits and if increased demand develops, the question of who should supply the additional service is best answered by considering all pertinent conditions at that time. In response to an inquiry from Mrs. Gard, City Attorney Hays advised that although Council is dealing with the question of public need, the City is not liable in any way for the service provided by the Cab Company. He noted that the issuance of twelve permits to one company may have a detrimental effect on potential competitors . MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the issuance of six vehicle permits for the year 1981 , to Redding Yellow Cab Company. The Vote: Unanimous Ayes PUBLIC HEARING - re Protest Hearing, Lake Boulevard Subdivision, Unit 5 Assessment District The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the public hearing re Lake Boulevard Subdivision, Unit 5 , Assessment District. The following documents are on file in the office of the 1J City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The City Clerk advised that no protests have been received and Mayor Pugh ascertained that there were no protests from the floor. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the public hearing be closed. The Vote: Unanimous Ayes Special Bond Counsel Sperry submitted the following documents for filing and adoption: Resolution - Approving Report and Ordering Acquisition MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-293 be adopted, a resolu- tion of the City Council of the City of Redding approving report and assessment and ordering acquisition of improve- ments in Lake Boulevard Subdivision Unit 5 Assessment District No. 1980-5. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 80-293 is on file in the office of the City Clerk. Resolution - Establishing Bond Reserve Fund MOTION: Made by Councilwoman Gard, seconded by Councilman • 12/1/80 467 Kirkpatrick that Resolution No. 80-294 be adopted, a resolu- tion of the City Council of the City of Redding establishing bond reserve fund in Lake Boulevard Subdivision Unit 5 Assessment District No. 1980-5. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-294 is on file in the office of the City Clerk. Resolution - re Foreclosure of Delinquent Assessment Liens MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-295 be adopted, a resolu- tion of the City Council of the City of Redding concerning foreclosure of delinquent assessment liens in Lake Boulevard Subdivision Unit 5 Assessment District No. 1980-5 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-295 is on file in the office of the City Clerk. Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-296 be adopted, a resolu- tion of the City Council of the City of Redding determining assessments remaining unpaid in Lake Boulevard Subdivision Unit 5 Assessment District No. 1980-5. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-296 is on file in the office of the City Clerk. Paid and Unpaid List PUBLIC HEARING - re Protest Hearing for Midway Drive Curb and Gutter Improvements Assessment District (Chapter 27) The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the public hearing re Midway Drive Curb and Gutter Improve- ments Assessment District (Chapter 27) . The following documents are on file in the office of the _5/ City Clerk: Notice of Mailing and Posting - Notice of Public Hearing Memorandum from Superintendent of Streets , 11/25/80 The City Clerk advised that no written protests have been received. 12/1/80 468 Associate Civil Engineer Hastings reviewed the memorandum from the Superintendent of Streets dated November 25 , 1980 . He presented the following finding of fact in connection with certain public improvements to be installed in the City of Redding: Portland cement concrete curb and gutter has been installed in front of properties constituting more than 50 percent of the frontage of the blocks in the following locations : North side of Midway Drive between Twin View Boulevard and Shiloh Court. South side of Midway Drive between Twin View Boulevard and Ridge Road. Portland cement concrete curb and gutter on a voluntary basis is to be installed as part of these proceedings at the following locations: South side of Midway Drive between Ridge Road and Interstate 5. 5424 Midway Drive 5434 Midway Drive 5444 Midway Drive 5486 Midway Drive 5520 Midway Drive Mr. Hastings advised Council that Chapter 27 of the 1911 Improvement Act is applicable to the unimproved properties in the above described areas. Ballard Smith, 5505 Midway Drive, advised Council that he is opposed to the proposed improvements . He submitted a list of thirteen residents on Midway Drive, all of whom are opposed to the improvements. He stated that he wishes to withdraw his name from the petition he signed in May of 1980, asking for the initiation of assessment district proceedings for curb and gutter improvements . Ruth C. Elder, 5515 Midway Drive, also opposes the assess- ment district and wishes to withdraw her name from the petition to form an assessment district. Mr. Hastings stated that if two or three property owners on the south side of Midway between Ridge and I-5 want to withdraw, this would allow that particular block to be excluded from the assessment district. The other two blocks on Midway meet the requirement of 50% or more curbs and gutters completed, and an involuntary assessment dis- trict could be formed. Mayor Pugh suggested that the hearing be continued to allow staff to reassess the situation, in light of the property owners who wish to withdraw from the proposed assessment district. A letter was presented to Council from Mrs . A. M. Orlando 12/1/80 469 opposing the installation of curbs and gutters and stating that residents of Midway Drive are opposed to their in- stallation. This letter was read by Mayor Pugh. Councilwoman Gard felt that staff needs to send an in- formational letter to property owners in the area, ex- plaining the Chapter 27 assessment district procedure. City Attorney Hays suggested that the hearing be continued to the next regular Council meeting and staff be directed to provide input regarding the status of the petition to initiate assessment district proceedings for curb and gutter improvements . MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the public hearing re Midway Drive Curb and Gutter Improvements Assessment District (Chapter 27) , be continued to 7: 30 P .M. , December 15, 1980, and directing staff to assess the status of the petition. The Vote : Unanimous Ayes CONTINUED PUBLIC HEARING - re Bechelli Lane Curb, Gutter, and Sidewalk Improvements Assessment District (Chapter 27) The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the public hearing re Bechelli Lane Curb, Gutter, and Sidewalk Improvements Assessment District (Chapter 27) . The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Report from Public Works Director Arness , 11/25/80 The City Clerk advised that no written protests have been received and Mayor Pugh ascertained that there were no 3� protests from the floor. Public Works Director Arness reviewed his memorandum to Council dated November 25, 1980. He stated that staff has met with the property owners involved in the subject assessment district to discuss an alternative to the pro- ceedings to install curb, gutter, and sidewalks, and they were in general agreement with the City ' s proposal to exchange improvements, up to the value of the right of way required to place the improvements. Staff recommends that all improvements be completed at one time. Mr. Arness stated that staff intends to obtain a formal appraisal of the properties required for construction of the recommended improvements, and to call for bids to construct. In response to an inquiry from Councilwoman Gard, City Attorney Hays advised that, although she was not present at the first public hearing on this matter held on October 20, 1980, she could vote this evening. Mayor Pugh suggested that this matter be continued to the meeting of January 5 , 1981, in order to give staff time to obtain the appraisals and call for bids for con- struction of said improvements. 12/1/80 470 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the recommendation of the Public Works Director dated November 25 , 1980 , for the Bechelli Lane Curb, Gutter, and Sidewalk Improvements Assessment District (Chapter 27) . The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the public hearing re Bechelli Lane Curb, Gutter, and Sidewalk Improvements Assessment District (Chapter 27) , be continued to 7: 30 P .M. , January 5 , 1981 . The Vote: Unanimous Ayes RESOLUTION - re Canby-Hilltop-Cypress Redevelopment Survey Area City Attorney Hays submitted a resolution and agreement to provide for initial funding and services for the Redding Redevelop- ment Agency pertaining to the Canby-Hilltop-Cypress Redevelopment Survey Area, and to provide terms for repayment to the City of such expenses. He recommends approval by adoption of the reso- lution which provides for execution of the Agreement. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-297 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of a cooperation agreement with the Redding Redevelop- ment Agency. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-297 is on file in the office of the City Clerk. AGREEMENT - Ray Anderson re Mistletoe Sewer Line Extension City Attorney Hays advised Council that in developing a parcel of land on the south side of Mistletoe Lane between Canby Road and Hilltop Drive, Ray Anderson was required to extend 385 feet �/� of 8-inch sewer line at his cost. This agreement provides for reimbursement to him, over and above the costs applicable to his own property, as other parcels between his development and Canby Road connect to the sewer. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving an agreement with Ray Anderson for reim- bursement of costs of construction of Mistletoe sewer line extension between Canby Road and Hilltop Drive. The Vote: Unanimous Ayes RESOLUTION - re Approving Purchase of Kutras Parcel 15 - Turtle Bay • City Attorney Hays advised Council that the City 's agreement with Frances Kutras, dated March 16, 1966, as amended on January 26 , 1968, provides for the City to purchase Parcel 15, consisting of approximately 4. 517 acres, for $37, 494. 25, on or before January 31, 434 1981. Funds have been provided in the current budget for this acquisition. He recommends the adoption of the resolution authorizing the acquisition at this time. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 80-298 be adopted, a resolution of the City Council of the City of Redding approving the purchase • 12/1/80 471 of Kutras Parcel 15, Turtle Bay, and authorizing the execution by the Mayor of the necessary documents to accomplish such purchase. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 80-298 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application PD-6-80, Redding Hilltop Investments Councilman Kirkpatrick offered Ordinance No. 1524 for first yl 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, PD-6-80. TRANSPORTATION PERMIT - re Request by John Hoeflich City Attorney Hays submitted his report to Council regarding several questions raised by Council at the public hearing held on November 17, 1980. Mr. Hays discussed the meaning of "public convenience and necessity" and explained that the definition contains a great deal of latitude, so that the body dealing with the subject matter has the ability to arrive at conclusions which address and meet the particular needs of the situation. Mr. Hays also discussed the question of buy out in the instance where the proposed bus system would be functioning when the RABA system is instituted. He advised that the City would have some obligation to place into its work force those who are employed by any existing bus system if, at the time 111 the RABA system becomes operational, the systems run concurrent operations. Kr. Hays also discussed access for handicapped persons and stated that since Mr. Hoeflich' s proposal will not receive 3 Federal funds, he would not be required to provide such access . —20 He stated, however, that this concern can be addressed under the question of public convenience and necessity. Councilwoman Gard asked if the permit, if issued, would cover only those hours and routes as previously submitted by the applicant. Mr. Hays advised that the permit would be issued for Sundays only, as requested by the applicant, and any amend- ment to that schedule would have to be reconsidered by Council at a later time. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Council finds that the public convenience and necessity requires that a permit be issued to John Hoeflich to operate a bus system in the City of Redding on the day, and route, and at the rate as prescribed by the applicant in his request sub- mitted to Council on November 17, 1980. The Vote: Unanimous Ayes ORDINANCE - re Residential Condominiums and Condominium Conversions Councilman Kirkpatrick offered Ordinance No. 1525 for first reading, an ordinance of the City Council of the City of Redding amending r, Title 17 of the Redding Municipal Code by adding thereto a new 10$ Chapter 17. 50, pertaining to residential condominiums and con- dominium conversions. CERTIFICATES OF ACCEPTANCE - re Olsen Petroglyphs City Attorney Hays reviewed his memorandum to Council dated November 26, 1980. He stated that as a condition of approval 12/1/80 472 of Whispering Oaks Subdivision, the County required that the developer dedicate to the public, the site on the property commonly called the Olsen Petroglyphs. He explained that the developer has approached the City to be the jurisdiction to assume control of the Olsen Petroglyphs site, and the deeds to the site have been received for acceptance. Mr. Hays discussed the obligations which. the City would under- take if these deeds are accepted, and submitted an outline of liabilities to the City. Mr. Hays ' memorandum and the out- line of liabilities are hereby made a part of these minutes by reference. It is the recommendation of the City Attorney that the Mayor be authorized to sign the Certificates of Acceptance in connection with the deeds for the Olsen Petroglyphs site. Council discussed the matter of policing the site and it was suggested that a reciprocal agreement be worked out between the Redding Police Chief and the County Sheriff. Councilwoman Gard noted that when this program was approved in principle some time ago, Council talked about the Museum Board of Directors proposing a procedure for the use of the site. Planning and Community Development Director Perry advised that although he has not discussed this matter with the Museum Board, it is his understanding that the Board will submit a policy proposal and felt it would be the logical agency to do so. Jim Dotta, Chairman of the Museum Board of Directors, was present and advised Council that the Board does have a plan and will submit it upon Council ' s authorization to accept the site. MOTION: Made by Councilman Kirkpatrick, seconded by Council- , woman Gard authorizing the Mayor to sign the Certificates of Acceptance in connection with the deeds for the Olsen Petro- glyphs site. The Vote: Unanimous Ayes SET PUBLIC HEARING - re Public Convenience and Necessity to Acquire Easement over Sells Property MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that a public hearing be set for 7 : 30 P .M. , 35-6 January 5, 1981, to consider the public convenience and necessity to acquire an easement over the Sells Property . The Vote: Unanimous Ayes COMMISSIONS, BOARDS AND COMMITTEES - re Government Code Requirements City Clerk Brayton reported that as required by Government Code Section 54972, the following are submitted to Council: (a) 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 qualifica- tions for the position. (b) A list of all boards, commissions, and committees whose members serve at the pleasure of the City 473 Council, and the necessary qualifications for each position. Mrs . Brayton noted that these lists are posted in the Office of the City Clerk and are available to the public upon request. BUSINESS FROM THE FLOOR Mr. Clark Hull, 1577 Benton Drive, addressed Council regarding the City ' s consideration to buy interest in the Salt River Project. He opposes the project and feels it would be a gamble and a health hazard to the minors and to future generations . Mr. Hull ipk� felt over the long run, any nuclear project could be very 10 expensive and is opposed to any consideration of a nuclear energy plant. Councilwoman Gard stated that when this comes up on the agenda she would like a rundown on the Rancho Seco 2 project. ROUTINE REPORTS AND COMMUNICATIONS Civil Aeronautics Board Applications: Texas International Airlines, Inc. - Amendment of certificate of public convenience and necessity Westair Commuter Airlines, Inc. - Notice of Intent to suspend service at Santa Rosa Public Utilities Commission Applications : P.G. & E . - Request to include a Solar Financing 3 `71 Adjustment Clause and to increase rates thereunder Alcoholic Beverage LIcense Applications : �q Mini Garden, Eleanor & Robert Lamb, 1361 Hartnell Ave. / ADJOURNMENT There being no further business, at the hour of 8: 15 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: • •j ATTEST: jijA-1._4/ City Clerk , 12/1/80