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HomeMy WebLinkAboutMinutes - City Council - 1981-08-03 296 • City Council Regular Meeting Police Dept. & Council Chambers Redding, California August 3 , 1981 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Senior Associate Planner Keaney. The invocation was offered by Pastor Rudi Lenser, Trinity Lutheran Church. The meeting was called to order by Mayor Pugh with the following Council Members present: Demsher, Fulton, and Gard. Absent: Council Member Kirkpatrick Also present were Assistant City Manager Courtney, Public Works Director Arness, City Attorney Hays, Director of Personnel and Labor Relations Reynolds, Director of Electric Lindley, Super- intendent-Public Works Galusha, Director of Parks and Recreation Riley, Housing and Redevelopment Administrator Henson, Senior Associate Planner Keaney, Senior Assistant Planner Will, Secre- tary to the City Council Rupp, Deputy City Clerk Strohmayer, and City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that the minutes of the regular meeting of July 20 , 1981, be approved as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Request from Shasta Union High School District - re Annual Homecoming Parade, October 3 , 1981 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the request from Shasta Union High School District to hold its annual Homecoming Parade on Saturday, 13'72 October 3, 1981, from 4 : 00 P.M. to 5 : 30 P.M. , subject to the approval of Caltrans. A map of the parade route as approved by the Chief of Police, is on file in the office of the City Clerk. The Vote : Unanimous Ayes Letter from Stuart Oliver - re Sewer Connection Charges A letter was received from Stuart Oliver regarding sewer connection charges on his property located at 2762 Russell Street. He requested that this request be considered by a 24K, full Council. With the concurrence of Council, Mayor Pugh continued this matter to the meeting of August 17, 1981, to be considered by full Council and asked that a staff report also be submitted at that time. Letter from Shasta County Public Works , Planning and Community Development Committee - re City' s Request for Jurisdiction of Clover Creek Assessment District A letter was received from John Strange, Vice Chairman of the Shasta County Public Works , Planning and Community , [6a Development Committee regarding its review of the City' s request for jurisdiction over the formation of the Clover Creek Sewer Assessment District. In his letter, Mr. Strange noted that a significant portion of the pro- 8/3/81 297 posed district lies outside the Redding Regional Sewer System Service Area. He also pointed out some past actions by the City in regard to serving areas outside this service area. Council Member Demsher noted that it has been the Growth Committee' s position regarding the southeast section of the City, not to recommend annexation of services to areas beyond the Redding Sewer Treatment boundary, with the one exception of the Municipal Airport. He said he would like the Growth Committee to make a recommendation to establish policy on this matter. Mayor Pugh stated that this has been an expressed concern. He further noted that the Shasta County Board of Super- visors needs a response from the City as soon as possible and suggested that this be referred to staff and the Growth Committee for a report. It was noted that a response from the Mayor will be sent to the Board as soon as possible. HARTNELL AVENUE ASSESSMENT DISTRICT NO. 1980-3 The following documents were submitted by Special Bond Counsel Sperry relative to Hartnell Avenue Assessment District No. 1980-3 : Resolution Approving Notice Inviting Bids for Bond Purchase Mr. Sperry advised that the agreement regarding assessments for -ql the Harter and Rother properties has not been consummated and that it would be premature to adopt the Resolution Approving Change of Proceedings. He advised that Council should go forward with the Resolution Approving Notice Inviting Bids for Bond Purchase but advised that the discount rate for the bonds may be as much as 15% due to the present state of the bond market. He advised that non-conforming bids will be accepted while reserving the right to reject all bids. Resolution - Approving Notice Inviting Bids for Bond Purchase MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-154 be adopted, a resolution of the City Council of the City of Redding approving notice invit- ing bids for bond purchase for Hartnell Avenue Assessment District No. 1980-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-154 is on file in the office of the City Clerk. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilwoman Gard, seconded bysCouncilman Demsher that Accounts Payable Register Number 3 , check nos. 78639 through 79130 inclusive, in the amount of $808 , 268 . 24 , be approved and paid, and that Payroll Register No. 2, check nos. 147593 through 148223 inclusive, for the period July 5 , 1981 through July 18 , 1981, in the amount of $436 ,578 .48, be approved. Total: $1, 244 , 846 . 72 8/3/81 298 CLAIMS FOR DAMAGE AND PERSONAL INJURY- 1st Hearing Steven Herstein - Claim filed 7/10/81 MOTION: Made by Councilman Fulton, seconded by Council- ` woman Gard that Claim for Damages filed by Stephen Herstein /,1) on July 10, 1981, be approved and paid in the amount of $185 . 90 . The Vote : Unanimous Ayes Lorna W. Grant - Claim filed 7/20/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damages filed by Lorna W. Grant on )3 July 20 , 1981, be denied and the claimant so advised. The Vote : Unanimous Ayes SETTLEMENT OF CLAIM City Attorney Hays advised that Claim for Personal Injury filed by Patrick Carey on June 15 , 1981, has been settled by the City IA/1\ Insurance Carrier in the amount $31. 50 . ORDINANCE - re Rezoning Application PD-1-81, by Statewide Developers MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the full reading of Ordinance No. 1554 be waived and �VI the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ordinance No. 1554 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-1-81) . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Ordinance No. 1554 is on file in the office of the City Clerk. ORDINANCE - re Prohibition of Possession or Consumption of Alcoholic Beverages in City Parks MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1555 be waived and the City Attorney be instructed to scan same . The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Ordinance No. 1555 be adopted, a resolution of the City Council of the City of Redding amending Chapter 10 . 20 of the Redding Municipal Code by repealing Section 10 . 20 . 046 and 5at substituting therefor a new Section 10 .20 . 046 , prohibiting possession or consumption of alcoholic beverages in Lake Redding, Caldwell Memorial, Alta Mesa, and South City Parks. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Ordinance No. 1555 is on file in the office of the City Clerk. REDDING REGIONAL WASTEWATER SYSTEM - Updated Revenue Program and Proposed Increase in Monthly Sewer Service Fees Assistant City Manager Courtney reviewed his memorandum to Council dated July 29 , 1981. Said memo is hereby made a part of these minutes by reference and outlines the proposed monthly 8/3/81 299 sewer service fees for both residential and commercial uses. He noted that during the month of July, utility customers have received notification of this proposed increased with their utility bills. Mayor Pugh explained that these fees are the fees the City anticipated charging when the system originally went on line. He stated that the City has been able to delay initiating these fees due to the excellent bids received and due to the Financial staff making the Federal Grant program work to its best advantage. Resolution MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 81-155 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 3- 79-112 by approving and adopting an updated revenue program for the Redding Regional Wastewater System and establishing amended - sewer service fees. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-155 is on file in the office of the City Clerk. RESOLUTION - re Lot Line Adjustment LS-35-81, by St. James Lutheran Church MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-156 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-35-81. /0 fi Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-156 is on file in the office of the City Clerk. BUILDING PERMIT - 1521 Cottonwood Street Senior Associate Planner Keaney reviewed his memorandum to Council dated July 30 , 1981. He stated that a letter has been received from Mr. Bryson requesting that Council act to reissue a building permit for a duplex on property at 1521 Cottonwood Street in an "R-1" Single Family Residential District. He explained that the parcel presently is vacant except for the concrete foundation for a duplex. The surrounding land use is predominantly single family dwellings. Mr. Keaney advised that after a permit for a duplex had been obtained, the property was ) LI rezoned from "R-2" to "R-1" . The project was temporarily abandoned and the building permit expired after its 180 day Iq limit. When the builders wished to resume construction, the building permit had expired and the zoning changed to "R-1" and a new permit for a duplex not issued. It is the recommendation of staff that no action be taken on the request by Mr. Bryson since, in the opinion of staff, the Building Code does not provide any mechanism for Council to reissue the building permit. Mr. Keaney noted that the property owner may apply for a building permit to construct a single family home consistent with the "R-1" Single Family Residential zoning requirements. 8/3/81 300 Mrs. Gard noted that the rezoning was done at the request of property owners in the neighborhood when it was realized that the subject property had duplex zoning. She said the wishes of the neighborhood were that the property remain "R-1" . Mr. Bryson, owner of the subject property, said he agrees with the comments made by staff. He noted that there are several other duplex units within a one block area of the subject property. He said that by the design of , and access to the structure, it will appear to be a single family residence . He felt it will be an asset to the property. In response to an inquiry from Mayor Pugh, the City Attorney advised that the property owner could apply for a rezoning or a variance for lot size, setbacks , etc. , but that there would be no legal authority to issue a permit for a duplex at this time. Mr. Bryson said it was his hope that since the foundation was poured and inspected prior to the rezoning, that the building permit could be reissued and construction would be allowed a previously planned. Mr. Bryson was advised of the options available to him, and no further action was taken by Council. ACQUISITION OF PROPERTY - 2981 Shasta View Drive Mr. Keaney submitted a draft negative declaration for ratifi- cation relative to a previously-approved acquisition of property located at 2891 Shasta View Drive. rO MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Council makes the following findings re the acquisi- tion of property at 2891 Shasta View Drive for the future Shasta View Drive widening: 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 June 10 , 1981. The Vote: Unanimous Ayes REQUESTS TO SELL BEER - Nor Cal Athletic Club and Shasta County Women' s Refuge Center MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the requests to sell beer of Nor Cal Athletic Club' s softball tournament to be held on September 9 through 13 , ,,3 1981, at Redding Softball Park and Pony League Park; and, Shasta County Women' s Refuge Center' s softball game on August 19 , 1981, at Buckeye Park, subject to the three conditions as outlined in the Parks and Recreation Director' s memorandum to Council dated July 30 , 1981. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Pugh Noes: Council Members - Gard Absent: Council Members - Kirkpatrick REQUESTS TO SERVE BEER - Nor Cal Athletic Club, The Porterfield Family, and The Shack Restaurant MOTION: Made by Councilman Fulton, seconded by Councilman 8/3/81 301 Demsher approving the requests to serve beer of Nor Cal Athletic Club on September 8 , 1981, at Riverfront Park, the Porterfield family on August 22 , 1981 at South City Park, and The Shack Restaurant' s softball tournament on August 14 , 15 , and 16 at the Pony League and Softball Parks, subject to the three conditions of approval as outlined in the Parks and Recreation Director' s memorandum to Council dated July 30 , 1981 . The Vote : Unanimous Ayes CONTINUED PUBLIC HEARING - re Overcrowding at Shasta Lake Union Elementary and Grant School Districts The hour of 7: 30 P.M. , Mayor Pugh convened the continued public hearing re findings of overcrowding at Shasta Lake Union Elementary and Grant School Districts . bq The following documents are on file in the office of the City Clerk. Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that no written protests have been received Senior Associate Planner Keaney reviewed his memorandum to Council dated July 30, 1981 , which is hereby made a part of these records by reference. He advised that Shasta Lake Union Elementary School District and the Grant School District submitted formal requests that the City Council establish that their districts are overcrowded and that mitigation fees are necessary to alleviate the problem. Mr. Keaney advised that Mr. Joseph Nocero of the Grant School District will not be able to be present at this meeting and asked that consideration of the Grant School District be continued to August 17, 1981. Mr. Keaney explained that Shasta Lake Union School District has presented a well documented analysis of their situation including anticipated costs per pupil, etc. It is the recommendation of staff that Council find that, pursuant to Chapter 16 . 44 of the Redding Municipal Code , the Shasta Lake Union Elementary School District is over- crowded and that the interim classroom facilities fees shall be as described. Concerning the Grant School District, it is staff' s recommendation that the public hearing be continued to 7 : 30 P.M. , August 17, 1981. Mr. Keaney added that in a recent phone conversation with Mr. Matias , the Shasta Lake School District requests that the fees be adjusted for inflation. Mayor Pugh inquired about the accounting methods required for the use of these funds. Mr. Keaney advised that school districts would be required to keep the funds entirely separate and they could only be used for construction or acquisition of additional classroom space. Mr. Ken Matias , District Superintendent, Shasta Lake Union Elementary School District, advised that the costs he quoted were based on the the State Allocation Board' s building cost figures for the fiscal year ending June 30 , 8/3/81 302 1981, and noted that since then there has been an increase of 13%. He said that based on this increase in building costs, the Board of Trustees has established its mitigation fee for all single family dwelling units and multiple units of three bedrooms or more at $988 . 75 through June 30 , 1982 . The fee for multiple family dwelling units of one and two bedrooms has been set at $494. 38 per unit. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing pertaining to findings of overcrowding in the Shasta Lake Union Elementary School District, be closed. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the public hearing pertaining to findings of overcrowding in the Grant School District be continued to 7 : 30 P.M. , August 17 , 1981. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of staff, finding that, pursuant to Chapter 16 . 44 of the Redding Municipal Code, the Shasta Lake Union Elementary School District is over- crowded and that mitigation fees be set at $988 . 75 per unit for all single family dwelling units and multiple units of three bedrooms or more and, $494. 38 per unit for all multiple family dwelling units of one and two bedrooms. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-5-81, by Three Seasons Development, Inc . The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Abandonment Application A-5-81, by Three Seasons Development, Inc. 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 7/30/81 The City Clerk advised that a petition was received from residents of Lowden Lane opposing the abandonment. Senior Associate Planner Keaney reviewed his memorandum to Council dated July 30 , 1981. He stated that the Planning Commission has recommended abandonment of the existing frontage road that parallels the south side of Cypress Avenue between Henderson Road and Lowden Lane. A map of the area was shown on the Vu Graph Mr. Keaney advised that the abandonment was requested by Three Seasons Development, Inc. which owns the adjacent property south of the frontage road. He said that traffic studies have been conducted and the abandonment needs to be addressed now in light of the overall circulation and access system after the completion of the Hartnell Avenue extension. Mr. Keaney stated that the current major use of the frontage road has been by residents on Lowden Lane to get to the signal at Henderson during peak hours on Cypress 8/3/81 303 Avenue. He outlined three main reasons for recommending the abandonment at this time. Mr. Keaney advised that residents of Lowden Lane have opposed the abandonment due to the fact that it will eliminate the ability for them to use the existing - Henderson Road/Cypress Avenue traffic signal to make left turn movements onto Cypress Avenue. Staff is of the opinion that the difficulty of access to Cypress from Lowden Lane will be at least partially mitigated by the phasing of the signal at the Cypress/Hartnell intersection. It is the recommendation of the Planning Commission and staff that the abandonment be approved and that a reso- lution be adopted ordering the abandonment and ratifying the negative declaration. Council discussed the intersection of Cypress and the future extension of Hartnell, and how this would affect people turning left from Lowden Lane onto Cypress Avenue. Mr. Keaney explained that when this new intersection is completed, it will be rephased, allowing a gap in traffic flow between Hartnell and Lowden Lane . Staff feels this will improve the situation for those turning left from Lowden Lane. Councilman Fulton questioned the amount of traffic turning right from Hartnell, which would have the effect of filling in the gap between Hartnell and Lowden. Mr. Keaney ex- plained that staff does not feel there will be a signif- icant amount of traffic turning right onto Cypress from Hartnell. Mr. William Harter, 211 Lowden Lane, opposed the abandon- ment until proper access to Cypress Avenue is available. He stated that it is a safety hazard to make a left turn from Lowden Lane onto Cypress Avenue. He does not feel that the rephasing of the signal at Cypress and Hartnell will solve the problem. MOTION: Made by Councilman Fulton, seconded by Council- woman Gard that the public hearing be closed. The Vote : Unanimous Ayes Senior Assistant Planner Will explained the Alternatives considered by the Planning Commission and the traffic problems at the intersection of Cypress and Hartnell. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff that the frontage road parallel to Cypress Avenue between Henderson Road and Lowden Lane be abandoned subject to the following conditions : 1) Retention of necessary utility easements . 2) Retention of access control along Cypress Avenue. 3) The right of way along Cypress Avenue be reserved for future widening of Cypress to six lanes and provisions of an acceleration lane for right turn movements off of Hartnell. 8/3/81 304 4) Closure of the frontage road not to occur until Hartnell is constructed. Voting was as follows : Ayes : Council Members - Demsher, Gard, and Pugh Noes: Council Members - Fulton Absent: Council Members - Kirkpatrick Resolution - Ordering Abandonment MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that Resolution No. 81-157 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of the frontage road on the south side of Cypress Avenue between Henderson Road and Lowden Lane (A-5-81) . Voting was as follows : Ayes: Council Members - Demsher, Gard, and Pugh Noes: Council Members - Fulton Absent: Council Members - Kirkpatrick • Resolution No. 81-157 is on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application PD-1-78 , Tanglewood Village The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re PD-1-78 , Tanglewood Village. The following documents are on file in the office of the City Clerk: 11 I Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 7/30/81 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. • Senior Associate Planner Keaney reviewed his memorandum to Council dated July 30 , 1981. He stated that the Planning Commission has recommended amendment of the site plan for PD-1-78 . The amendment request involves a reduction in units and modification of the street pattern. A map of the area was shown on the Vu Graph. Mr. Keaney said that the revised tentative map reduces the amount of grading that would otherwise have been required and opens up the development more by eliminating 15 units. He advised that the applicant has also requested amendment of Condition No. 28 to delete fencing behind Lots 93 through 97 . In the alternative, the applicant has proposed that fences be erected along the rear lot lines of the units involved. It is the recommendation of the Planning Commission and staff that the amended map for PD-1-78 be approved subject to the conditions listed in the amended ordinance, and that an 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 make certain findings with regard to the proposed subdivision. • 8/3/81 305 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that in accordance with the Government of the State of California, the City Council finds and declares that, as set forth in Government Code Section 66474 , none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivi- sion is consistent with the Redding General Plan and applicable specific plans; and, in accordance with Section 18 . 36 . 080 of the Redding City Code, Council makes the following findings : 1. That the number of units and the improvements proposed will not overburden the capacity of drainage channels , utility lines or streets. 2. That the density and design of the project is compat- ible with adjoining development. 3. That there are no unmitigated substantial adverse environmental 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. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated regarding Planned Development PD-1-78 , Tanglewood Village amendment. The Vote : Unanimous Ayes Councilman Demsher offered Ordinance No. 1556 for first reading, an ordinance of the City Council of the City of Redding amending the conditions of approval relating to the rezoning of certain real property in the City of Redding PD-1-78 . NOTICE OF COMPLETION - Property Improvements at 1761 Manchester Drive MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Bid Schedule No. 1296 , property improvements at 1761 Manchester Drive, be accepted as being completed satisfactorily and that the City Clerk be instructed to file a Notice of Completion. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick • NOTICE OF COMPLETION - Construction of Placer Street Sidewalk from Wisconsin to Cumberland MOTION: Made by Councilman Demsher, seconded by Councilman 3 / Fulton that Bid Schedule No. 1316 , construction of Placer Street sidewalk from Wisconsin to Cumberland, be accepted as being 8/3/81 306 completed satisfactorily and that the City Clerk be instructed to file a Notice of Completion. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick NOTICE OF COMPLETION - Lake Boulevard Slope Protection Project Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, Seconded by Councilwoman Gard that Bid Schedule No. 1322 , Lake Boulevard Slope protection project, be accepted as being completed satisfactorily and ,15 instructing the City Clerk to file a Notice of Completion. Voting was as follows : Ayes : Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh AWARD OF BID - 1981 Slurry Seal Program MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Bid Schedule No. 1329, City of Redding 1981 slurry seal program, be awarded to Graham Contractor' s Inc. on its low bid in the amount of $62 , 400 . �(o Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick ARROYO MANOR ESTATES SUBDIVISION - Acceptance of Improvements and Streets Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher accepting the improvements in the Arroyo Manor Estates as being completed satisfactorily and instructing the City Clerk to return the securities to the developer. The Vote : Unanimous Ayes with Mayor Pugh abstaining Resolution - Accepting Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-158 be adopted, a resolution of the City Council of the City of Redding accepting for mainte- nance and operation Arroyo Manor Drive , Casa Verda Way, and Atajo Court within Arroyo Manor Estates . Voting was as follows: Ayes : Council Members - Demsher, Fulton, and Gard Noes : Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh Resolution No. 81-158 is on file in the office of the City Clerk. EL VERANO ESTATES SUBDIVISION - Acceptance of Improvements and Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting the improvements in El Verano Estates Subdivi- ,Dl sion as being completed satisfactorily and instructing the City Clerk to return the securities to the developer. The Vote : Unanimous Ayes 8/3/81 307 Resolution - Accepting Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-159 be adopted, a resolution of the City Council of the City of Redding accepting for mainte- nance and operation Amanda Drive within El Verano Estates • Unit 2. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-159 is on file in the office of the City Clerk. RESOLUTION - re Abatement of Property at 3088 Churn Creek Road • and 3115 School Street, owned by Western States Financial Corporation and P .S.S. Enterprises MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-160 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 buildings and debris on property at 3088 Churn Creek Road and 3115 School Street, owned by Western States Financial Corporation and P.S.S. Enterprises , Inc. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-160 is on file in the office of the City Clerk. RESOLUTION - Summarily Vacating a Portion of Twin View Boulevard A-6-81 City Attorney Hays advised that the Public Works Director is recommending the abandonment of 33 feet of Twin View Boulevard. This was formerly a State highway, but the width is excessive for City street purposes. Mr. Hays stated that the Public Streets, Highways and Service Easements Vacation Law, recently amended, now provides that 2-/ Council Council may order a summary vacation of surplus right of way which is unnecessary for public street purposes , without follow- ing the public hearing procedure which has been used in of our street abandonments. Mr. Keaney also stated that it is staff' s opinion that this portion of right of way is excessive and should be abandoned. Mrs. Gard expressed concern that this right of way may be needed with the extension of Hawley Road. Mr. Keaney advised that even with the Hawley Road extension, there is not enough traffic to retain that amount of right of way. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-161 be adopted, a resolution of the City Council of the City of Redding summarily vacating a portion of Twin View Boulevard. 8/3/81 308 • Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-161 is on file in the office of the City Clerk. RESOLUTION - Summarily Vacating a Sewer Easement Within the Twin View Subdivision MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-162 be adopted, a resolution of the City Council of the City of Redding summarily vacating a sewer easement located within the Twin View Subdivision. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-162 is on file in the office of the City Clerk. LEASE AGREEMENT - Stimpel-Baker & Associates at Redding Muni- cipal Airport MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving a lease agreement with Stimpel-Baker & Asso- ciates at Redding Municipal Airport covering an area where the II Lessees propose to erect a portable building adjacent to the airplane hangar they occupy, for a rental fee of $25 . per month, and authorizing the Mayor to execute same . The Vote : Unanimous Ayes AGREEMENT - Archie Boek, dba North State Security Patrol Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving an agreement with Archie Boek , dba North State Security Patrol, for services at Redding Municipal Airport, providing for an increase from $6 . 05 per hour to $6 . 95 per hour. The Vote: Unanimous Ayes with Mayor Pugh abstaining RESOLUTION - Opposing Dissolution of the Legal Services Corpor- ation City Attorney Hays advised that on July 15 , 1981, Mayor Pugh distributed copies of a resolution of the Shasta-Trinity Counties Bar Association, requesting that the City Council adopt a similar resolution. He noted that since no objections have been voiced, a resolution is being submitted for adoption at this time. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 81-163 be adopted, a resolution of the City Council of the City of Redding opposing dissolution of the Legal Services Corporation. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-163 is on file in the office of the City Clerk. 8/3/81 309 AMENDED AGREEMENT - Book Publishing Company for Maintenance of Municipal Code Mr. Hays advised that the Book Publishing Company has submitted an amended agreement reflecting an increase from $17 . 00 to $18. 00 per printed page for maintenance of the Municipal Code. ,5e)1 The annual editorial fee remains at $100 and the extra charge for maps, diagrams or tabular work remains at $10 per printed page. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the Amended Agreement with Book Publishing Company as hereinabove stated and authorizing the Mayor to execute same. The Vote: Unanimous Ayes AGREEMENT - Consulting Services with E. J. Simpson City Attorney Hays advised that an agreement has been prepared with E. J. Simpson, containing the terms and conditions under which he will perform consulting services in connection with the City' s various power projects. He advised that this agreement IL.P( has been prepared at the request of the City Manager and is recommended for approval by the Power Committee. Mayor Pugh explained that this agreement was discussed at the Budget Sessions in light of the fact that Sam Lindley is cover- ing both the Director and Assistant Director' s responsibilities . He noted that since Mr. Lindley has been appointed as the Electric Director, no one has replaced his position as Assistant Director. Mayor Pugh explained that due to time constraints on several hydro-electric projects now in progress , that this would be appropriate. He stated that Mr. Simpson will be consulted on specific tasks and programs as ordered by the City Manager and this is not an open-ended contract. Mrs. Gard agreed that it would be foolish to chance losing the five proposed hydro-electric projects the City is now involved in. Councilman Fulton inquired why Mr. Simpson retired from the City so recently and is now being hired as a consultant. Mayor Pugh explained that Mr. Simpson left the City based upon his age 55 retirement. Mayor Pugh stated that Mr. Simpson is now involved in some private power projects which were rejected by the City as being the types of projects the City did not wish to get into. Mr. Simpson was also concerned that his involve- ment in these projects would be construed as being a conflict of interest if he remained on the City staff. Mrs. Gard noted that Mr. Simpson' s contract will cover only those projects on which the Preliminary Permits have been filed. Councilman Demsher stated that he has been a member of the Power Committee for the last four or five years and during that time, Mr. Simpson has presented the City with many potential power projects following a good deal of study and fact-finding on his part. He noted that the five projects we now have have been sifted out and are good, cost-effective projects and seem like they will work. Mr. Demsher stated that Mr. Simpson is familiar with these projects and whom to contact. He feels it is econom- ically wise and prudent to have Mr. Simpson work on these projects, with the intention of Mr. Lindley phasing into new power projects. He said that if the City were to hire an engineering firm to complete these projects , the cost to the City would be much higher. 8/3/81 310 Mrs. Gard noted that the cost of this contract is very small when compared to the cost of hiring an engineering firm and to the amount of money saved by the City when these projects are consummated. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving the Agreement for Consulting Services with E. J. Simpson and authorizing the Mayor to execute same. The Vote: Unanimous Ayes RIVERVIEW VILLAS CONDOMINIUMS - Report from City Attorney City Attorney Hays reported that on October 6 , 1980 , Council adopted Ordinance No. 1514, approving PD-5-80 . That Ordinance contains a number of conditions to be met by the developer, some of which require the construction of substantial structures throughout the development. He stated that Condition No. 22 111 sets out that the sale of any unit is prohibited until the filing of the final map. While the conditions do not specific- ally require it, it has been the policy of the City that the filing of the final map in instances of this type requires that all of the necessary developments take place precedent thereto. Mr. Hays advised that in reviewing this policy with respect to condominium conversions, the parallels between new subdivisions and condominium conversions become apparent; namely, those improvements that are required in subdivisions are routinely bonded by the developer, at which point we file the final map. He noted that this situation has been discussed with Bob Bisno, the managing general partner of the property owner in this case, with the question being asked, "Why couldn' t the owner in this situation bond for those improvements required, as in the subdivision situation"? Mr. Hays stated that he has reviewed the conditions contained in the Ordinance and the proposal made by Mr. Bisno relative to the bonding of the improvements. He said he is in agreement with the logic of the proposal and feels that it would be appropriate in this circumstance for the City to allow the developer to bond the improvements. It is therefore the recommendation of the City Attorney' s office that, relative to PD-5-80, the final map for that condominium development be filed by the City at such time as the developer provides the necessary bonding and guarantees which are proposed in Mr. Bisno' s letter of July 1, 1981, which is on record. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the City Attorney in regard to PD-5-80 , as hereinabove stated. The Vote : Unanimous Ayes ORDINANCE - re Purchasing Goods and Services City Attorney Hays submitted a proposed ordinance at the request of staff members who consider it in the best interests of the City to be able to purchase goods and services in certain 3 (12 instances not involving public works projects , without following the bid procedures set forth in the Code. Said purchases would be made only upon the request of the City Manager, approved by the City Council. He added that this option is available since the Government Code only requires competitive bidding on public works projects . 8/3/81 311 Councilman Fulton offered Ordinance No. 1557 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 4 . 20 of the Redding Municipal Code by repealing Section 4 . 20. 080 and substituting therefor a new Section 4. 20 . 080 , pertaining to purchasing goods and services. COMMUNITY PROMOTION AGREEMENT - with Greater Redding Chamber of Commerce MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving a Community Promotion Agreement with the Greater Redding Chamber of Commerce for the payment of community promo- � tion funds to the Chamber of Commerce in the sum of $3, 720 . 00 I for the fiscal year 1981-1982 , with the terms and conditions of the Agreement remaining the same as in prior years. The Vote : Unanimous Ayes LEASE AGREEMENT - The Center MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving a 25 year Lease Agreement with The Center for a site within Caldwell Park, for their new building, said building /�/ to be constructed in accordance with plans and specifications I approved by the City and constructed by a licensed contractor within one year from the date of the Lease. The Vote : Unanimous Ayes COMPLAINT FROM HELEN FAYE GENERES - re Building at 2130 East Street (Paulson' s Dog House) Mayor Pugh advised that he must abstain on this matter and Vice Mayor Demsher presided. Mr. Hays advised that at the request of Council , information has been provided relative to the removal of an electric meter from property owned by Mrs. Generes . Submitted to Council was a memo from the Building Official explaining the chronology of the complaint as well as the applicable regulations used in making 142 the determination that the handicapped facilities were required. It is Mr. Hays ' opinion that the handicapped facilities are required, and it would be a breach of duty by the Building Department to not enforce the provisions of the Building Code. Mr. Hays stated that Mrs. Generas asked that this matter be considered by a full Council. Vice Mayor Demsher stated he has no objection to making a decision with a Council of three members. He stated this is not an advertised public hearing, but has been placed on the agenda due to the need for clarifi- cation. Mr. Demsher added that the Ordinance is clear in its requirements. Mr. Hays noted that the Health and Safety Code does not affect the Uniform Building Code and is not in conflict thereof. Mr. Dick Paulson, 1655 Wisconsin, stated he obtained a Health Permit and Building Official Ted Voges asked him to install equipment which was not necessary, such as a hood, a grease trap and handicapped facilities. Mr. Paulson noted other newly opened businesses which, in his opinion, were not required to meet these requirements . He stated that his seating is for only 19 people and he will do no cooking and he feels these require- ments are being imposed due to the City' s dislike for Mrs. Generes or himself. Mr. Paulson stated that no alter- ations were made to the building. He said he obtained a building permit at the request of Mr. Voges , even though he did 8/3/81 312 not need one. Mr. Paulson stated that Mr. Voges classified his establishment as a dining room which is the reason for the requirement. In response to an inquiry from Mrs. Gard, City Attorney Hays advised that the facts of this case indicate that a permit would be required. He noted that remodeling is constituted by the change of use and added that the building was formerly a beauty salon. Mrs. Gard asked that staff respond to Mr. Paulsons ' s question regarding other similar businesses which were not required to provide handicapped facilities. Vice Chairman Demsher noted that several issues have been brought up this evening including 1) removal of electric meter, 2) definition of a dining room, 3) handicapped facilities, 4) restroom facilities , and 5) building permit. He said the staff reports address the original complaint of the removal of the electric meter. Mrs. Helen Faye Generes , 2538 Waldon, stated she paid $22 for all the permits required by Mr. Voges, so that Mr. Paulson could occupy the building as he proposed. She said Mr. Voges sub- sequently approved everything in the building. Mrs . Generes stated that at a later time, Mr. Voges delivered a letter to her home regarding requirements for the handicapped, stating that the power would be pulled if these requirements were not met. She stated this requirement would cause an economical hardship on the lessees and the owners. Mrs. Generes does not feel that established buildings need to provide handicapped facilities . Mr. Hays advised that the City, in essence provides temporary electrical power to unoccupied buildings so that they may be seen by prospective occupants or other related uses and that this temporary power could be eliminated at any time. He added that the subject building was occupied before properly meeting the provisions of the Code. In response to an inquiry from Mrs. Gard, Mr. Hays advised that an occupancy permit had never been received by Mrs . Generes or Mr. Paulson, but the building was opened for business. Mrs. Generes stated that the air conditioner was placed in the building by Mr. Paulson and should not be blamed on the owner. Councilman Fulton feels that it is a drastic move to remove the power from a building when a building permit was issued and the building checked by the Building Official. The City Attorney advised that the person holding a building permit is deemed to know the requirements. He stated that the business was opened without an occupancy permit. The purpose of the occupancy permit is to determine that the person who took out the building permit has complied with the requirements of the building permit. Vice Chairman Demsher asked what steps must be taken for Mr. Paulson to occupy the building. Mr. Hays stated that it is the position of the Building Department that a restroom be provided to allow its use by handicapped persons . He said this would involve making the door wider and possibly constructing a ramp. 8/3/81 313 Mr. Hays advised that several issues have been raised this evening which have not been addressed by staff and if Council wishes to have these issues addressed, the matter should be held over for further input from staff. In response to a request from Mrs . Generes that a public hearing be held on this matter, Vice Mayor Demsher advised that a public hearing is not appropriate and that the interested parties have been heard. Mrs. Gard suggested that the matter be placed on the August 17 agenda as an information item and if further testimony is to be heard, a time limit be set. Mrs . Gard requested clarification of the square footage requirements for restrooms and the definition of remodeling. City Attorney Hays stated he would prepare a report for the next Council meeting. EXECUTIVE SESSION At the hour of 9 : 40 P.M. , Council convened an executive session to discuss personnel and litigation matters. At the hour of 9 : 51 P.M. , the regular meeting was reconvened. The City Attorney stated that as discussed in executive session, it is his recommendation that Council approve the filing of 32-5- litigation 2-5- litigation against the Redding Hotel to accomplish safety • requirements under the Health and Safety Code . MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the City Attorney as hereinabove stated. The Vote: Unanimous Ayes The City Attorney advised that building and zoning violations have occurred on apartment property owned by Charlie Marx and it is recommended that Council authorize the filing of the necessary court actions in order to abate the Code violations at 1565 and 1575 Olive Street. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the City Attorney as hereinabove stated. The Vote: Unanimous Ayes RESOLUTION - re Memorandum of Understanding Between City of Redding and Local Union 1245 IBEW MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 81-164 be adopted, a resolution of 3 8 the City Council of the City of Redding approving the provisions of the Memorandum of Understanding between the designated representatives of the City of Redding and the designated representatives of Local Union 1245 , International Brotherhood of Electrical Workers, as amended effective August 2 , 1981. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-164 is on file in the office of the City Clerk. 8/3/81 314 Mayor Pugh thanked staff for the long hours of work with the bargaining unit and for their help to the citizenry in getting the programs done that need to be done. ROUTINE REPORTS AND COMMUNICATIONS Notice of Proposed Changes in Regulations of the California Highway Patrol Civil Aeronautics Board: Westair Jet Fitness Investigation, Supplemental Prehearing Conference ADJOURNMENT There being no further business, at the hour of 9 :55 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk 8/3/81