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HomeMy WebLinkAboutMinutes - City Council - 1981-03-02 78 City Council Regular Meeting Police Dept. & Council Chambers Redding, California March 2 , 1981 7: 00 P .M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The meeting was called to order by Mayor Pugh with the following Council Members present: Fulton, Gard, Kirkpatrick, and Pugh. Absent: Demsher Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Plan- ning and Community Development Director Perry, Electric Director 5 Simpson, Director of Parks and Recreation Riley, Housing Admin- ,, Henson, Assistant Planner Larko, and Deputy City Clerk } Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the minutes of the regular meeting of February 17, ti. 1981, as mailed to each Council Member. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the minutes of the adjourned regular meeting of February 23 , 1981, as mailed to each Council Member. The Vote: Z Unanimous Ayes with Council Member Gard abstaining WRITTEN COMMUNICATIONS Request from Linda Marlow re Access to Frank Scholz 's Property Near Redding Municipal Airport A letter dated February 25 , 1981, was received from Linda c( Marlow requesting Council consideration regarding the City granting Mr. Scholz , her uncle, a 60-foot easement for access across Airport property, so that a lot split may be accomplished on the Scholz property. Subsequently a letter was sent to Ms. Marlow from the Assistant Airports Manager advising that the Airports Com- mission at their meeting on January 13 , 1981 , recommended that an easement be given on a fair and equitable exchange of property between the City of Redding and Mr. Scholz , and the matter be referred back to the City Attorney for further action. City Attorney Hays said that the matter should be referred back to staff for further negotiations with Ms . Marlow and Mr. Scholz. Mayor Pugh asked Ms. Marlow if she would concur with this action and that the proposal be brought back to Council at its next regular meeting. She advised that this would be • agreeable. Request from People of Progress re Community Garden Site and Community Redevelopment Project A letter was received from Tim Mallory, Director of People I33/ of Progress, regarding the use of City property for a community garden site and a community redevelopment project 3/2/81 79 in the area of Linden Street. They ask for a small portion of the Diestelhorst property for the garden site . In regard to the community redevelopment project, they envision a community-centered project, involving the energies of the people in that neighborhood to create a public space that will help to meet their particular needs . Mr. Mallory stated that although this program may develop garden spaces for this neighborhood eventually, it should not be confused with the community garden itself . Mayor Pugh noted that there was no new report from the Parks and Recreation Commission regarding this request. Mrs . Gard stated that the Parks and Recreation Commission recommended in the past that the Diestelhorst property not be used based on the lease which exists between the City and Harry Scott on the subject property. Council Member Gard noted that the lease appears to be an oral agreement and that the City pays for the electricity to pump the water used by Mr. Scott. City Manager Brickwood stated there are problems with that location for the use as suggested by P .O.P. , and noted that the area is subject to flooding. He further noted that there is a written agreement between the City and Mr. Scott but it was not ratified by Council. The terms of the lease were discussed and Mr. Brickwood advised that it is a yearly agreement. He noted that Mr. Scott uses the land to graze his cattle in return for look- ing after the property, cleaning irrigation channels, keep- ing trespassers off, etc. Several other locations were discussed; however, many of them are too small, too rocky, or have other problems which make them unsuitable for a garden site. Mayor Pugh expressed_concern that the Parks and Recreation Commission should be given the opportunity to consider this request again, and submit a recommendation at the next regular meeting. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the request from People of Progress regarding a community garden site and a community redevelopment pro- ject, be referred to the Parks and Recreation Commission and staff for report and recommendation at the next regular Council Meeting, March 16, 1981. Letter of Resignation from Russ Peterson from the Redding Redevelopment Agency A letter of resignation was received from Russ Peterson, , from the Redding Redevelopment Agency, which outlined several concerns regarding the approach that the Agency 3 is developing. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting with regret the resignation of Russ Peterson from the Redding Redevelopment Agency, and that written answers to Mr. Peterson' s concerns be sent. The Vote: Unanimous Ayes 3/2/81 80 APPOINTMENT - Parks and Recreation Commission MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the appointment of Greg Beale as a member of the ��7 Parks and Recreation Commission, through May 1, 1985 . The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 17, check nos . 75820 through 76107 inclusive, in the amount of $1, 352 , 787. 91 , be approved and paid, and that Payroll Register No. 17, check nos . 10 141260 through 141801 inclusive, in the amount of $380 , 813 . 75, for the period February 1, 1981 through February 14 , 1981 , be approved. Total $1, 733, 601. 66 Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher REQUEST TO SPLIT 1915 SPECIAL ASSESSMENT - Dana Drive and Victor Avenue 1977-1 Assessments No. 84 and No. 85 City Attorney Hays advised Council that the City Treasurer has received a request to split Dana Drive and Victor Avenue Assess- ments No. 84 and 85. He stated that the $100 fee has been paid and the bond underwriter has been notified of the pending segrega- tion and has not requested a hearing. Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 81-35 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 84 and Assessment No. 85 in Dana Drive and Victor Avenue Assessment District No. 1977-1 . Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 81-35 is on file in the office of the City Clerk. REQUEST TO SPLIT 1915 SPECIAL ASSESSMENT - North Bonnyview Sewer 1978-1 Assessment No. 118 City Attorney Hays advised Council that the City Treasurer has received a request to split North Bonnnyview Sewer 1978-1 Assessment No. 118. He stated that the $50 fee has been paid and the bond underwriter has been notified of the pending segre- gation and has not requested a hearing. Resolution MOTION: Made by Councilwoman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-36 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 118 in North Bonnyview Sewer Assessment District No. 1978-1. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 81-36 is on file in the office of the City Clerk. 3/2/81 81 ARIZONA NUCLEAR POWER PROJECT At this time, Mayor Pugh advised the audience that the Ordinance authorizing M-S-R to issue revenue bonds to purchase a share of the Arizona Nuclear Project, would not be voted upon this evening 1jp at the request of Council Member Demsher, who was unable to attend this meeting. Instead, this meeting will be adjourned to 7: 00 P .M. , March 9 , to consider said ordinance by a full Council . CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Milton & Judith Brown - Claim filed 2/18/81 MOTION: Made by Councilman Kirkpatrick, seconded by Council- /1 3 woman Gard that Claim for Damages filed by Milton and Judith Brown on February 18, 1981, be approved in the amount of $815. 71. The Vote: Unanimous Ayes Ethel Sullivan - Claim filed 2/17/81 MOTION: Made by Councilman Fulton, seconded by Councilman 5 Kirkpatrick that Claim for Damages filed by Ethel Sullivan / 2 on February 17, 1981, be referred to the City Insurance Carrier. The Vote: Unanimous Ayes Ronald F. Burns, Attorney on behalf of John Montgomery - Claim filed 2/20/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Claim for Personal Injury filed by Ronald IZ F. Burns , Attorney on behalf of John Montgomery, be referred to the City Insurance Carrier. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd Hearing Susan J. Sampson - Claim filed 1/23/81 MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Claim for Personal Injury filed by Susan /62"1- J. Sampson on January 23, 1981, be denied and the claimant so advised. The Vote: Unanimous Ayes SETTLEMENT OF COURT ACTION Marshall S. Mayer, Attorney on behalf of Michael Spencer City Attorney Hays advised that Claim for Personal Injury filed by Marshall Mayer, attorney on behalf of Michael Spencer, has been settled by the City Insurance Carrier in the amount of $7, 500 . ORDINANCE - re Rezoning Application RZ-9-80 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1534 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. 1534 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-9-80) . /<k Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Ordinance No. 1534 is on file in the office of the City Clerk. ORDINANCE - re Mobilehome Parks Business License Tax MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1535 be waived and the City (' Attorney be instructed to scan same. The Vote: Unanimous Ayes 3/2/81 82 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1535 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6 . 04 of the Redding Municipal Code by repealing Section 6 . 04. 160 and substi- tuting therefor a new Section 6 . 04. 160, to delete the exemption of mobilehome parks from the business license tax. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Ordinance No. 1535 is on file in the office of the City Clerk. ORDINANCE - re Authorizing NCPA to Issue Revenue Notes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1536 be waived and the City Attorney be instructed to scan same. The Vote: Unan- imous Ayes Ir'� MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1536 be adopted, an ordinance of the City Council of the City of Redding authorizing the Northern California Power Agency to issue Revenue Notes . Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Ordinance No. 1536 is on file in the office of the City Clerk. RESOLUTION - Lot Line Adjustment LS-84-80, by Chris Jones Planning and Community Development Director Perry reviewed his memo to Council dated February 26, 1981. He stated that the Board of Administrative Review has approved a request for a lot-line R' adjustment at 2914 Lakewood Drive and the adjacent four-acre 161 parcel to the northwest. A map of the area was shown on the Vu Graph. The applicant' s letter requesting waiver of the parcel map requirement was submitted_ to Council . Mr. Perry advised that a tentative map for Lakewood Manor Subdivision, Unit 4, has been approved on the four-acre parcel . He noted that the adjustment will improve the configurations of both the existing lot and the adjacent lot on the tentative subdivision map. The final subdivision map will reflect the approved lot- line adjustment. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 81-37 be adopted, a resolution of the City Council of the City of Redding waiving the require- ' ment of a parcel map for Lot Split Application No. LS-84-80 . Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 81-37 is on file in the office of the City Clerk. 1111 ANNUAL COMMUNITY DEVELOPMENT AUDIT Planning and Community Development Director Perry submitted the �q Annual Financial Report for the Community Development Program, I fiscal year ended June 30, 1980, for Council ' s information. 3/2/81 83 ANNEXATION REQUEST NO. 81-4 - Huntington Drive Planning and Community Development Director Perry advised that a petition has been received from 35 property owners in the Huntington Drive, Debbie Lane area requesting annexation to the City. A map of the area was shown on the Vu Graph. He advised �j3 that domestic water is supplied by shared wells--every two lots - II has a common well. Sewage disposal is by individual septic C systems. He noted that the area is within the Redding Regional Wastewater Treatment Plant service area. The area has a present density of about two units per acre. It is the recommendation of staff that the request be referred to the Growth Committee for review and to staff for examination of water service with respect to fire-suppression requirements and sidewalks along Churn Creek Road. He advised that the sub- ject property is in the Churn Creek Planning area . MOTION: Made by ,Councilman Kirkpatrick, seconded by Councilwoman Gard approving the recommendation of staff as hereinabove stated. The Vote: Unanimous Ayes Mayor Pugh commented that during a recent conversation with Council- man Kirkpatrick, they concurred that, considering the number of annexation requests being received on the periphery of the existing City limits , the City needs to take a hard look at a definitive boundary line, and how the City is going to serve the population. He suggested that staff, the Planning Commis- sion, and Council be provided with a map outlining existing City limits , proposed annexations , and regional sewer boundary, so that each one may give input as to what they feel the ultimate boundary should be. Councilman Kirkpatrick suggested that the Growth Committee could review this also, as well as the anticipated costs for developing these areas. He noted that the City Attorney may see reasons why certain areas should not be included in the City. Mr. Perry concurred and stated he would provide such a map to the Growth Committee. ANNEXATION REQUEST NO. 81-5 - Quartz Hill Road Mr. Perry advised that a letter has been received from a property owner of approximately 319 acres located southwest of Quartz Hill Road, requesting annexation to the City. A map of the area was shown on the Vu Graph. He advised that in order to square off the City boundary, it is suggested that approximately 225 addi- tional acres be considered as part of this annexation request. All of the subject property is within the Redding Regional Waste- water Treatment Plan service area. Mr. Perry advised that the sY 30 Quartz Hill Road Water Assessment District boundary coincides with o✓,"pL the suggested annexation boundary to the north and northeast. It is the recommendation of staff that the request be referred to the Growth Committee to establish annexation boundaries . MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Annexation Request No. 81-5, Quartz Hill Road, be referred to the Growth Committee for report and recommendation. The Vote: Unanimous Ayes 3/2/81 84 • ANNEXATION REQUEST NO. 81-6 - Clear Creek Market Mayor Pugh abstained from voting and discussion on this item. Mr. Perry advised that a petition has been received from two property owners on Westside Road requesting annexation to the $ iy .City. A map of the area was shown on the Vu Graph. He noted that the property is approximately 600 feet south of the pending Westwood Manor annexation. It is the recommendation of staff that the request be referred to the Growth Committee for review and recommendation. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Annexation Request No. 81-6, Clear Creek Market be referred to the Growth Committee for report and recommendation. The Vote: Unanimous Ayes with Mayor Pugh abstaining ACQUISITION OF PROPERTY - Victor Avenue Right-Of-Way Planning and Community Development Director Perry reviewed his memorandum to Council dated January 28, 1981. He stated that the Planning Commission has recommended that the City acquire a parcel located at 2822 Victor Avenue for right-of- way. The Commission also recommended that Council initiate plan-line proceedings for the eventual widening of Victor Ave- ; nue between Hartnell Avenue and East Cypress Avenue. A map of the area was shown on the Vu Graph. { Mr. Perry outlined four options to change the street from two lanes to a four-lane arterial, as follows : A. Widen both sides of the present street. This would involve acquiring 12 feet from lots on either side of Victor to in- crease the right-of-way from 60 feet to 84 feet. This would create problems with front-yard setbacks and would reduce off-street parking in front of the houses. Other problems would include driveways exiting onto a majorarterial, which would reduce street capacity and slow traffic flow. B. Acquire all lots on the west side. This alternative would acquire 17 lots on the west side of Victor, and by so doing, the street could be relocated to the west to line up with property already acquired by the City to the south. C. Acquire all lots on the east side. This option is similar to the above except it does not line upwith property already acquired to the south. It would, however, allow a consolidated drainage channel on the east. D. Condition future permits . This option would be similar to "A" except that the City would acquire the necessary right-of-way only as a product of change in land use. The City would adopt "stringent" land-use controls at the time of change in use, such as dedication of right-of-way, consolidation of drive- ways , removal of existing residences , extra-deep building setbacks, etc. Mr. Perry outlined the disadvantages of this alternative as piecemeal street widening, more drive- ways on the arterial, etc. He noted that a comparable example is what happened to the west side of Churn Creek Road between Cypress Avenue and Hartnell Avenue. Mr. Perry explained the estimated increases in traffic flow on } Victor Avenue. He stated that it is the opinion of the Planning Commission and staff that Option "B" is the best solution. He r 3/2/81 85 noted that it may be possible, depending on whether or not a new drainage channel is constructed along the west side, to con- solidate and sell the remaining portion of the property in order to recapture some of the funds expended. Staff feels that since this property has been offered to the City, it would be a timely acquisition. It is the recommendation of the Planning Commission and staff that the City acquire the property, that the negative declara- tion be ratified, that the City Attorney be instructed to pro- ceed with the acquisition and that the Mayor be authorized to sign the necessary documents . It is further recommended that the City Council initiate plan-line hearings. In response to an inquiry from Council Member Kirkpatrick, Mr. Perry advised that the time line for the widening of Victor , Avenue depends on other development in the area. Councilman Kirkpatrick noted that purchasing the property as it becomes available seems to be a good way to proceed and concurred with the recommendation to align the road to the west. Council Member Gard feels that this approach is the only way to preserve the residential neighborhood currently in the area. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council makes the following findings re acquisition of property located at 2822 Victor Avenue for street right-of- { way: 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 Planning Commission on January 27 , 1981. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman ,? Kirkpatrick approving the recommendation of the Planning Commis- sion and staff that the City Attorney be instructed to proceed with the acquisition and the Mayor be authorized to execute the necessary documents . The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard requesting the Planning Commission to initiate plan-line hearings for Victor Avenue right-of-way. The Vote: Unanimous Ayes ; SET PUBLIC HEARING - Rezoning. Application RZ-1-81, by C. Donald Nelson Mayor Pugh abstained from voting on this item. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick setting a public hearing for 7: 30 P.M. , March 16 , /44f 1981, to consider Rezoning Application RZ-1-81, by C . Donald Nelson. The Vote: Unanimous Ayes with Mayor Pugh abstaining RESOLUTION - re Setting Public Hearing for Abandonment Application A-1-81 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard 2 that Resolution No. 81-38 be adopted, a resolution of the City 3/2/81 86 C Council of the City of Redding declaring its intention to vacate and abandon a portion of Seventh Street at its intersection with Mary Street (A-1-81) , setting a public hearing for 7 : 30 P .M. , April 6 , 1981. Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 81-38 is on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application PD-3-80 , by Remor Development Mayor Pugh abstained from discussion and voting on this item. The hour of 7: 30 P.M. having arrived, Mayor Pugh opened the • public hearing re Rezoning Application PD-3-80 , by Remor 4 Development. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 2/26/81 The Deputy City Clerk advised that no written protests have been received and Mayor Pugh ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated February 26 , 1981 . He stated that the Planning Commission has recommended rezoning pro- • perty located at 4363 Churn Creek Road from "U" Unclassified to "PD" Planned Development District. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council as well as a petition in opposition to the project. He stated that the proposal is to construct a 36-unit planned development on 8. 8 acres, and noted that access to the develop- ment will be from Churn Creek Road. Mr. Perry advised that the property has frontage on Gordon Lane, which is a sub- standard private road; however, no access to Gordon Lane is proposed at this time. All streets in the project will be private; a swimming pool and tennis court will be located in the center of the project. Mr. Perry explained that after circulation of the draft nega- tive declaration, a petition in opposition to the development was submitted. In the opinion of the Planning Commission and staff, the major issues raised by the petition have been addressed in the design of the project and the recommended conditions . It is the recommendation of the Planning Commission and staff that PD-3-80 be approved subject to the 29 conditions listed in the proposed ordinance, that the negative declaration be ratified and the proposed ordinance be offered for first reading. It is further recommended that, in accordance with the Government Code of the State of California, the City Council find and declare that, as set forth in Government 3/2/81 87 Code Section 66474 , none of the conditions as listed in (a) through (g) exist with regard to this proposed sub- division and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans , and make the following findings: 1. That the number of units and the improvements proposed will not over-burden the capacity of drainage channels , utility lines or streets. 2. That the density and design of the project is compatible with adjoining development. 3. That there are no unmitigated substantial adverse en- vironmental impacts. 4 . That the development shall conform with the goals and objectives of the General Plan. 5. That the development accomplishes the objectives of the "PD" district. Council Member Gard questioned what legal binding is re- quired of the developer with regard to archaeological findings. Mr. Perry felt this would fall under the laws of the State of California and felt there is no evidence of archaeological sites on the property. Council Member Gard noted that the Churn Creek area is a sensitive area and asked if an archaeological assessment had been done. Mr. Perry stated that if Council desired, a condition could be added to require such an assessment and the City Attorney concurred that this could be added to the pro- posed ordinance as follows : "The owner/developer shall proceed with this project recognizing that the area may contain native American artifacts . If in the process of development, artifacts or other evidence of native American presence are found, owner/developer shall take whatever actions are necessary to appropriately determine the extent of the site signifi- cance. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that the public hearing be closed. The Vote: Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Council makes the following findings re Rezoning Application PD-3-80, by Remor Development: 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 November 19 , 1980 . The Vote: Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard, approving the recommendation of the Planning 3/2/81 88 Commission and staff and making the findings in accordance with the Government Code of the State of California, as hereinabove stated, in regard to Rezoning Application, PD-3-80 . The Vote: Unanimous Ayes with Mayor Pugh abstain- ing Councilman Fulton offered Ordinance No. 1537 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06 . 020 of the Redding Muni- ; cipal Code relating to the rezoning of certain real pro- perty in the City of Redding (PD-3-80) , with the addition of condition number 30 pertaining to native American artifacts , as hereinabove stated. AGREEMENT AMENDMENT - re Enterprise Swimming Pool Parks and Recreation Director Riley reviewed his memorandum to Council dated February 25, 1981. He stated that the City and Shasta Union High School District entered into a joint agreement $tv on May 16, 1977, to construct a community swimming pool at Enterprise High School. This project was funded by a State of California Parks and Recreation grant, the City of Redding, Enter- prise Business and Professional Association, and Shasta Union High School District. Mr. Riley noted that a major factor of being awarded the State grant was its multiple purpose concept of joint usage for school and community swim programs . He advised that the City recently installed an electric heater at the facility in order to fulfill the commitment to the State and the citizens of Redding. The agreement stipulates that the S .U.H.S .D. shall pay 60% and the City of Redding shall pay 40% of the total main- tenance costs . Mr. Riley stated that staff recommends that the original agreement be amended so the City can actually see what the operating costs will be to heat the pool from April 1, 1981 to October 31 , 1981 . The City would pay 100% of the electrical heating costs , and 100% of the excess chemical costs necessary to operate the pool. Should 2 the S.U.H.S.D. utilize the pool during April, May, September, and October, the City would be reimbursed accordingly. It is further recommended that $15, 000 be allocated to this experimental program and that the City Attorney be instructed to renegotiate the original agreement to include the above changes. In response to an inquiry from Dr. Fulton, Mr. Riley stated that the need to change the original agreement is due to the fact that the High School District is no longer willing to pay to heat the pool. Mayor Pugh noted that in order to fill the needs of the community as well as the High School District, the pool would have to be heated. In response to an inquiry from Mrs. Gard, Mr. Riley advised that the $15, 000 appropriation would come from the General Fund. Mayor Pugh stated that the concept of the pool was based on the assumption that it would be used by the High School, but now the High School is not willing to pay for heating it. He suggested that we see what it will cost to heat the pool on a temporary basis, and determine what the usage is . MOTION: Made by Councilwoman Gard, seconded by Councilman 3/2/81 89 Kirkpatrick, approving the recommendation dated _February 25 , 1981, which is hereby made a part of these records by reference ; and, to amend the original agreement with Shasta Union High School District pertaining to the Enterprise Swimming Pool , on an exper- imental basis , and that a written report be received by November as to costs and number of participants in programs and types of programs offered, to see who is using the pool and for what purpose, with the matter of the use of the pool to be referred to the Parks and Recreation Commission for their discussion. The Vote: Unanimous Ayes Councilman Kirkpatrick stated that with this report, the City will find out who uses the pool and by next year, the High School District may want to use it in their programs . Council discussed the matter of joint agreements such as this and the fact that such projects may end up being the total responsibility of the City. Mrs. Gard stated she would like to have the Parks and Recrea- tion Commission consider this possibility on any joint agreement. Councilman Kirkpatrick noted that the City has also been involved in a lot of good joint projects . Mrs . Gard felt that if the City is totally responsible for costs and maintenance of a pool, it should also be able to determine the location. She noted that the City is considering the expan- sion of the pool, i.e. , instructional pool, kiddie pool, handi- capped pool . Solar heating of the pool was mentioned as a possibility in the future. 111 THE CENTER - Proposed Building Site Parks and Recreation Director Riley reviewed his memorandum to Council dated February 26, 1981. He stated the Parks and Recrea- tion Commission has considered four sites in the Caldwell and Lake Redding Park area for The Center. Each location would need some financial assistance from the City before it could become a reality. Mr. Riley advised that after much discussion, the Commission recommended (and The Center concurred) the site lo- 4/ 1 cated across from the Municipal Swimming Pool adjacent to the g� new parking lot presently being constructed. He noted that this site is without sewer connection and is not feasible for septic tank hook-up. This location was chosen because of its central lo- cation and the adjacent facilities, i.e. parking lot, turf area, swimming pool, softball fields and access from major thoroughfare. Mr. Riley stated that because of the lack of sewer connection, a line must be constructed from this area to the older restrooms near Market Street. This line would also connect the much- troubled septic tank problem at the Municipal Swimming Pool which has been estimated at $30, 000. It is the recommendation of the Commission that this site be used for The Center, providing the funds can be allocated from the 1980-81 General Fund and not from the proposed 1981-82 park development funding. The 1981-82 Parks budget has not yet been examined nor prioritized by the Commission, therefore, it is unable to commit Parks and Recreation capital improvements funds for this project. In response to an inquiry from Mrs . Gard, Mr. Riley advised that the $30 , 000 amount is for the public works portion of the project only. 3/2/81 90 Council Member Gard noted that the $30, 000 isnot going to be enough to include the archaeological study required. Councilman Kirkpatrick stated that if the swimming pool can be • hooked up to the sewer, there is a possibility that the Center will receive monies from the Park Fund County Allocation, and such funds might be allocated to pay for The Center' s portion of the construction. Council Member Fulton expressed concern regarding nighttime activities causing problems with the park. Mr. Riley stated that with the construction of the new roadway through the park, access would be available to this building site without interfering with securing the entrance to the park. In response to an inquiry, City Manager Brickwood stated that a supplemental appropriation would be necessary for this expenditure. He also noted that he had no idea what the archaeological study will cost. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Parks and Recreation Commission, that a supplemental allocation be made for sewer connection to the Municipal Swimming Pool and the proposed building site of The Center; with The Center to con- tribute a portion, the amount to be determined by the funds they receive from the Park Fund County Allocation. (Council to be advised when this amount is known. ) The Vote: Unanimous Ayes • Armando Cervantes, President of The Center, expressed his appre- ciation to the Parks and Recreation Commission, the Parks. and Recreation Director, and the City Council for their help and cooperation in this matter. PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning 3/0 Reports for March 1981. NOTICE OF COMPLETION - Box Culvert on East Cypress Avenue Public Works Director Arness advised that the final contract price for Bid Schedule No. 1261, construction of box culvert on East Cypress Avenue, was $1, 363. 37 over the bid price. This was attributable to the addition of two lineal feet of box culvert and other materials needed to better transition the existing road section. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting the construction of box culvert on East Cypress Avenue Bid Schedule No. 1261, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Oil Retention Systems for Canby and Waldon Substations MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman } Gard accepting the oil retention systems for Canby and Waldon 011,02 Substations, Bid Schedule No. 1269 , as being completed satis- factorily, and instructing the City Clerk to file a Notice of Com- pletion. The Vote: Unanimous Ayes } 3/2/81 91 ACCEPTANCE OF GORDON LANE EASEMENT Public Works Director Arness reviewed his memorandum to Council dated February 23, 1981. He stated that on January 5, 1981, Mr. Ray Gordon of 4157 Gordon Lane offered to deed his 50 foot easement, (Gordon Lane) , to the City of Redding in exchange for the City taking over the maintenance and upgrading of the street. Mr. Arness stated that, historically, the City has not accepted the responsibility of roadway maintenance until the street has .SCo been brought up to City standards. Also, the location of the easement and its intersection with Churn Creek Road leaves something to be desired. Mr. Arness felt the intersection should be re- located several hundred feet to the south or possibly deleted al- together. It is the recommendation of staff that the easement not be accepted until it is improved to City standards and the matter of the intersection is resolved. Mrs. Phillips, 4157 Gordon Lane, stated her concerns regarding residents of the proposed condominium projects in the area, using Gordon Lane for access. She was also concerned that it would be used by heavy equipment operators during construction of these projects . Mayor Pugh suggested that she research who has the right to use the easement and control its use. He stated that the City is not in the posture to accept substandard streets . It was suggested that Mrs . Phillips contact a private attorney to research the usage and responsibility of the easement. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman • Gard that Gordon Lane not be accepted by the City for maintenance and upgrading. The Vote: Unanimous Ayes • ACCEPTANCE OF IMPROVEMENTS - Shiloh Court MOTION: Made by Councilwoman Gard, seconded by Councilman /ORKirkpatrick accepting the improvements in Shiloh Court as being • completed satisfactorily. The Vote: Unanimous Ayes • Resolution - Maintenance and Operation MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 81-39 be adopted, a resolution v,Lf of the City Council of the City of Redding accepting for main- tenance and operation Shiloh Court. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 81-39 is on file in the office of the City Clerk. AWARD OF BID - 18-Inch Raw Water Line Conversion and 16 and 18-Inch Water Line Installation MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule 1284, 18-inch raw water line conversion and 16 and 53 18-inch water line installation: 1. Project is compatible with the Redding General Plan 2. Project will not significantly alter existing land form • 3/2/81 92 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 December 17, 1980 . The Vote: Unanimous Ayes11 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Bid Schedule No. 1284 , 18-inch raw water line conversion and 16 and 18-inch water line installation, be awarded to S2M, Inc. on its low bid in the amount of $84 ,035 . • The Vote: Unanimous Ayes RESOLUTION - Abatement Proceedings, 1158 Court Street, owned by Wee Ley Yee and Li Tse Mei Yee MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Resolution No. 81-40 be adopted, a resolution of the City Council of the City of Redding of intention to begin • 2 legal proceedings of abatement under Chapter 9 . 36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Wee Ley Yee and Li Tse Mei Yee, 1158 Court Street) . Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 81-40 is on file in the office of the City Clerk. LEASE AGREEMENT - Century Airlines MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving a lease agreement with Century Airlines , a commuter airline, to operate from Redding Municipal Airport, and " a the Mayor be authorized to execute same. The Vote: Unanimous Ayes Mrs . Gard was concerned about the use of baggage claim parking spaces at the airport and asked about enforcement of their usage. She noted that she has visited the Airport four times in the last 60 days and no baggage claims parking spaces have been available during the one hour periods which she observed the area. City Attorney Hays advised that these spaces have a ten minute limit and should be enforced by the security force at the Airport. AGREEMENT - Harley L. Natvig and Patsy L. Natvig Mayor Pugh abstained from voting on this item. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving an agreement with Harley L. Natvig and 3/( Patsy L. Natvig to transfer a small piece of City owned property to the Natvig ' s in exchange for certain storm drainage improve- ments to be constructed by them, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes with Mayor Pugh abstain- ing AGREEMENT - Echo Moran MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving an agreement setting forth the conditions ?Pi under which Echo Moran may excavate for gold on Assessor ' s Par- cel No. 106-110-14, near the City' s Northside electric sub- station. The Vote: Unanimous Ayes 3/2/81 93 . • RESOLUTION - re Box Canyon Dam, Siskiyou County City Attorney Hays submitted a resolution to authorize the Mayor to sign a letter to the Siskiyou County Board of Supervisors in- dicating that the City of Redding sanctions the negotiations which are currently taking place regarding Box Canyon Dam. (D/vF It is recommended that Council adopt the resolution, so that there can be no question by Siskiyou County that the City of Redding is being properly represented. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-41 be adopted, a resolution of the City Council of the City of Redding authorizing the Mayor to execute a letter to Siskiyou County Supervisors with respect to power generation at Box Canyon Dam. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 81-41 is on file in the office of the City Clerk. ORDINANCE - Authorizing M-S-R Public Power Agency to Issue Revenue Bonds , Including Temporary Notes Mayor Pugh advised the audience that at the request of Councilman Liu, Demsher who was not able to be present tonight, discussion on the ordinance authorizing M-S-R to issue Revenue Bonds , including temporary notes, to purchase an interest in the Arizona Nuclear Power Project, will be continued to March 9 , 1981. The Mayor did allow some public comment from members of the audience who had traveled from Eureka to attend this meeting. The following persons spoke in opposition to the City 's partici- pation in a nuclear power project, due to the economic insecurity of nuclear plants . J. A. Savage Blue Lake, California Larry Goldberg Bayside, California Clark Hull • 1577 Benton Drive Redding, California ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Lady Lorenz (Giant Erection, Jack Buffum & / 19 James Westberg) , 1600 California Street The Inn (Betty & Arthur Wynant) , 1270 Yuba Street ADJOURNMENT There being no further business , at the hour of 8: 45 P .M. , Mayor Pugh declared the meeting adjourned to 7 : 00 P .M. , March 9 , 1981. APPROVED: ATTEST: • City Clerk by 6., e?..ilceD Deputy City Clerk 3/2/81