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HomeMy WebLinkAboutMinutes - City Council - 1982-05-17 129 r 1 1 City Council , Regular Meeting I Police Dept. & Council Chambers 1 Redding, California May 17 , 1982 7:00 P.M. I The Pledge of Allegiance to the Flag was led by Electric Director Lindley. ti z The invocation was offered by Pastor Borgesson of the Faith Center Four- square Fellowship. i The meeting was called to order by Mayor Gard with the following Council i Members present: Demsher, Fulton, Kirkpatrick, and Gard. Council Members absent: Pugh Also present were Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Electric Director Lindley, Director of Parks and Recreation Riley, Associate Civil Engineer Hastings , Associate Civil Engineer Mathis, Personnel Officer Bristow, Associate Planner King, Special Bond Counsel Sperry, City Clerk Richter, Deputy City Clerk Strohmayer, and Minute Clerk ; Rupp. APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the minutes of the regular meeting of May 3, 1982, as delivered to each Council Member. The Vote: Unanimous Ayes WESTERN RANCHES WATER ASSESSMENT DISTRICT NO. 1981-5 1 The following documents were submitted by Mr. Sam Sperry, Special Bond Counsel , for filing and adoption relative to Western Ranches Water Assess- ment District No. 1981-5: l' Engineer's Report �.�C7 < Resolution - Accepting Report and Setting Public Hearing MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 82-64 be adopted, a resolution of the City Council of the City of Redding accepting Engineer's Report and setting a public hearing for July 6 , 1982 , relative to Western Ranches Water Assessment District No. 1981-5. Voting was as follows: s Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh 1 Resolution No. 82-64 is on file in the office of the City Clerk. Resolution - Calling for Bids I MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 82-65 be adopted, a resolution of the City Council of d the City of Redding calling for bids, relative to Western Ranches Water i Assessment District No. 1981-5. i Voting was as follows: 1 Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard , Noes: Council Members - None 1 III Absent: Council Members - Pugh Resolution No. 82-65 is on file in the office of the City Clerk. a Notice of Improvement 1 1 1 i i 5/17/82 I 130 a Notice Inviting Sealed Bids In response to an inquiry from Mayor Gard, Public Works Director Arness indicated that the property owners have been advised by letter that the estimated assessment per unit has increased and that the actual cost will be ascertained following the bid opening. BRANSTETTER/CEDARS SEWER ASSESSMENT DISTRICT NO. 1982-2 Special Bond Counsel Sperry submitted the following documents for filing and adoption relative to the Branstetter/Cedars Sewer Assessment District No. 1982-2: Petition Certificate re Petition Resoltuion - Accepting Petition MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-66 be adopted, a resolution of the City Council of the City of Redding accepting petition relative to Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-66 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-67 be adopted, a resolution of the City Council of the City of Redding approving boundary map relative to Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-67 is on file in the office of the City Clerk. 7 Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-68 be adopted, a resolution of the City Council of the City of Redding approving agreement for legal services relative to Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-68 is on file in the office of the City Clerk. Resolution - of Intention MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-69 be adopted, a resolution of the City Council of the City of Redding, of intention to begin improvements in Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-69 is on file in the office of the City Clerk. 5/17/82 131 APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 22, check nos. 84350 through 84543 inclusive, (p in the amount of $529,345.86, be approved and paid, and that Payroll /I Register No. 23, check nos. 159757 through 160348 inclusive, in the amount s of $417,929.14, for the period April 25, 1982, through May 8, 1982 , be approved. Total : $947,275.00 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Charles M. Garbett - Claim filed 5/6/82 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Claim for Damages filed by Charles M. Garbett on / �' A t May 6, 1982, be denied and referred to the City Insurance Carrier. The Vote: Unanimous Ayes Rick Earl Bodine - Claim filed 5/1/82 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Personal Injury filed by Napahn & Glassford, Attorneys t on behalf of Rick Earl Bodine, on May 1 , 1982 , be denied and referred 1 �' to the City Insurance Carrier. The Vote: Unanimous Ayes with Councilman Demsher abstaining -44 Harold Silva - Claim filed 4/28/82 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Claim for Damages filed by Harold Silva on April 28, 1982, be /), ..9 I approved and paid in the amount of $70. The Vote: Unanimous Ayes SUMMONS AND COMPLAINT City Attorney Hays advised that the City has been served with the following Summons and Complaint: Howard Fisher vs. City of Redding et al The matter has been referred to the City Insurance Carrier. SETTLEMENT OF CLAIMS City Attorney Hays advised that the following Claims for Damages have been settled by the City Insurance Carrier: Duane & Shirley Rowland - Settled in the amount of $2,402.365 11 Thomas G. Finch - Settled in the amount of $261 .16 ORDINANCE - re Rezoning Application PD-1-82 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1584 be waived, and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Ordinance No. 1584 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code / 44 1 relating to the rezoning of certain real property in the City of Redding, PD-1-82. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1584 is on file in the office of the City Clerk. ORDINANCE - re Transient Occupancy Tax A MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick 5/17/82 - - 132 that the full reading of Ordinance No. 1585 be waived, and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes F MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1585 be adopted, an ordinance of the City Council of the r City of Redding amending Chapter 4.12 of the Redding Municipal Code by repealing Sections 4.12.020, 4.12.130, and 4.12. 140, and substituting t. 2, therefor new Sections 4.12.020, 4.12.130, and 4.12.140, pertaining to , 'I transient occupancy tax. III Voting was as follows: 1., Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard 1 Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1585 is on file in the office of the City Clerk. z City Attorney Hays noted that the effective date of the above ordinance is July 1 , 1982, rather than the normal 30 days after adoption. ORDINANCE - Pertaining to Order of Business at City Council Meetings MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1586 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. 1586 be adopted, an ordinance of the City Council of the City h of Redding amending Chapter 2.04 of the Redding Municipal Code by repealing i � Section 2.04. 120 and substituting therefor a new Section 2.04.120, pertain- ing to order of business at City Council meetings. x Voting was as follows: 7 Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1586 is on file in the office of the City Clerk. REVENUE SHARING COMMITTEE REPORT AND RECOMMENDATION - re Contract Programs for the 1981-82 fiscal year Councilman Fulton, member of the Revenue Sharing Committee, reviewed the report and recommendation to Council dated May 10, 1982. He stated that the required public hearings have been conducted, and the Revenue Sharing Committee has considered all funding requests which were submitted in accordance with the timetable for the 1981-82 allocations. Councilman Fulton advised that requests for Revenue Sharing funds for contract programs were received in the total amount of $250,628, and Council was given a statement which indicated the amount of funds requested and the allocations recommended by the Committee. He noted that funding -4 / for the Martin Luther King, Jr. , Memorial Center, The Center and Consumer' s Aid of Shasta County have been approved previously by Council . With the ID inclusion of these agencies, the total amount recommended to be allocated r to contract programs is $110,230 for the period which will end August 31 , r 1982. L MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendations of the Revenue Sharing Committee for t allocations to contract programs for the period ending August 31 , 1982. III The Vote: Unanimous Ayes s r REVENUE SHARING COMMITTEE HEARING - re Proposed Uses of Revenue Sharing Funds for the year 1982-83 I� Assistant City Manager Courtney advised Council that on June 2, 1982, at 11 :00 a.m. , in the Main Conference Room in the City Hall , 760 Parkview Avenue, the City of Redding Revenue Sharing Committee will hold a public Z i" 5/17/82 133 hearing on the proposed uses of Revenue Sharing funds during the fiscal year beginning July 1 , 1982. i This was an information item and no action was taken by Council . 1 NCPA NORTH FORK STANISLAUS RIVER (CALAVERAS) HYDROELECTRIC PROJECT - Special Assessment �I! Electric Director Lindley advised that the Federal Energy Regulatory (o ' Commission issued a license for the North Fork Stanislaus River Project by �� order on February 8, 1982. Subsequent to the FERC Commission action, however, applications for rehearing of the order were filed by NCPA and others. Mr. Lindley stated that NCPA expects the legal arguments brought forward to be resolved in six to nine months. Mr. Lindley explained that during the regular NCPA meeting of April 30, 1982, the NCPA Commission approved a member assessment of $200,000 to provide funds for the required legal services and minimal project staff administrative expenses. Redding' s proportionate share, 9.91%, amounts to $19,820. It is the recommendation of the Electric Director that Council authorize the expenditure of the $19,820 member assessment. He advised that a supplemental appropriation of funds will be required for this expenditure. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the expenditure of $19,820 member assessment for Redding' s proportionate share of funds for the required legal services and administrative expenses for the NCPA North Fork Stanislaus River (Calaveras) Hydroelectric Project. The Vote: Unanimous Ayes RESOLUTION - re Utilities Agreement with Cal Trans re Victor Avenue Inter- change Electric Director Lindley submitted a utility agreement from Cal Trans authorizing the City to relocate existing electric facilities for future construction of the Highway 44-Victor Avenue overpass. He advised that the City will be reimbursed by the State in the amount of $1700 for the reloca- tion of these facilities. It is the recommendation of the Electric Director that Council approve the agreement by adoption of a resolution which authorizes the City Manager to sign the agreement on behalf of the City. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-70 be adopted, a resolution of the City Council of the City of Redding approving utilities agreement with State of California 2 Department of Transportation covering relocation of City electric facili- 1 ties to accommodate Highway 44-Victor Avenue overpass project. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-70 is on file in the office of the City Clerk. ' OVERHEAD TO UNDERGROUND UTILITY CONVERSION - South Street and Athens Avenue 11/ Electric Director Lindley advised that Pacific Telephone has requested City participation in the conversion of utilities from overhead to underground at South Street and Athens Avenue. He said this is in line with their a ongoing program to update underground facilities whenever possible. , 017Z/ Pacific Telephone has requested that the City and Viacom participate in this project. PT&T is the lead agency for this project and has bid the project with a cost to the City of $19,721 .82 for the City' s portion of the work. • 5/17/82 5. ` 134 i i t It is the recommendation of the Electric Director that Council approve this expenditure and authorize the City Manager to sign the joint trench agree- ment. Mr. Lindley indicated that funds have been budgeted for this Fproject. i r MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton i approving an expenditure of $19,721 .82 for the City's portion of PT&T's project to convert overhead to underground utilities at South Street and Athens Avenue, and authorizing the City Manager to sign the joint trench agreement. The Vote: Unanimous Ayes I M-S-R MEAD-PHOENIX DC TRANSMISSION PROJECT The Electric Director reviewed his memorandum to Council dated May 13, 1982. He stated that during the regular City Council meeting of May 3, 1982, Council approved a $15,000 expenditure of funds for participation with M-S-R in DC Transmission studies associated with the Mead Phoenix DC ., r,01- intertie project. Mr. Lindley reported that subsequent to Council action, lCQtY M-S-R has completed negotiations with the other entities involved in the project studies and has established a level of participation for M-S-R. Mr. Lindley explained that during the special M-S-R Commission meeting of rMay 12, 1982 , the M-S-R Commission authorized the execution of Project Agreement No. 7, Mead Phoenix DC Intertie Project. The project agreement provides for a commitment of $750,000 by M-S-R over a two-year period, which will establish the right for M-S-R to participate in the project at the 100 megawatt level . The funds will be used for consulting and legal services required to perform the various engineering studies concerning the project. Mr. Lindley advised that Redding' s share of the commitment is 7.5%, or $56,250. It is expected that the amounts will be assessed on a quarterly basis over the next two years. He indicated that these amounts will be included in the 1982-83 and 1983-84 budgets. III It is the recommendation of the Electric Director that Council approve participation in the project and authorize the City Manager to sign the ` project agreement. t' 3 In response to an inquiry from Mayor Gard, Mr. Lindley explained that there is no guarantee of an amount of power at this time, but that this commit- ment is strictly for studies pertaining to transmission facilities. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman D m h er approving participation in the M-S-R Mead-Phoenix DC Transmission Project as indicated above and authorizing the City Manager to sign the project agreement. The Vote: Unanimous Ayes Y ABANDONMENT APPLICATION A-3-82 - by A. R. Hiland and Donna Martindale k Planning and Community Development Director Perry reviewed his memorandum to Council dated May 14, 1982. He stated that the Planning Commission has i. unanimously recommended an exchange of City-owned right of way for right of way and improvements for the applicants of Abandonment Application A-3-82, A. R. Hiland and Donna Martindale. 4t1 Mr. Perry explained that as the City owns the land, it can be sold for the 5. appraised value or exchanged for an equal value of improvements. Since there is no need for the right of way, it is the recommendation of both the Planning Commission and staff that the right of way be exchanged with the two adjoining property owners for the widening of Willow Road by five feet on each side along their frontages, the dedication of a turnaround area for the hammer-head, and the improvement of Willow Road with curb, gutter, sidewalk and asphalt in front of the properties as per the specifications i 5/17/82 135 r 1 of the Director of Public Works. The new property line would be along an extension of the center line of Willow Road with the exchanged portion of the street split equally between the adjoining land owners. It is the recommendation of Planning Commission and staff that the negative declaration be ratified, that the abandonment be approved and that the matter be referred to the City Attorney for disposition with the require- ments as outlined in the staff report to Council dated May 14, 1982, which 1 is incorporated herein by reference. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Council makes the following findings re Abandonment Application A-3-82: 3 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 bythe Board of 9 PP Administrative Review on April 21 , 1982. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Commission and staff as hereinabove stated and instructing the City Attorney to proceed with the disposition according to the requirements as outlined re Abandonment Application A-3-82. The Vote: Unanimous Ayes HOUSING REHABILITATION PROGRAM AMENDMENT Planning and Community Development Director Perry reviewed his memorandum to Council dated May 13, 1982. He stated that in September of 1980, the Housing Rehabilitation Loan Program was amended to provide low-interest financing to investor owners to rehabilitate rental units , provided they would participate in the Housing Authority' s Rental Assistance Program. At that time, the pilot program was funded for $80,000 from CDBG Entitlement Funds and $20,800 from CDBG Cascade Discretionary Funds. q Mr. Perry reported that there are $40,000 in rehabilitation funds assigned 5� I to the Cascade area that will be surplus. He advised that these funds will not be needed, as it appears all interested homeowners have received assistance during the last three years. Since there are other owners of rental units interested in rehabilitating their units , it is recommended that the $40,000, which has been limited only to owner-occupied units , be used to rehabilitate rental units in the Cascade area. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of staff and authorizing the expenditure of $40,000 in rehabilitation funds, to be used to rehabilitate rental units in the Casacde area. The Vote: Unanimous Ayes NOTICE OF PREPARATION OF A NEGATIVE DECLARATION - Enterprise Area Plan Planning and Community Development Director Perry advised Council that the Planning Commission has unanimously ordered preparation of a negative declaration for the Enterprise Area Plan. A copy of the draft negative declaration was submitted to Council . 1 ![ Mr. Perry explained that the purpose of the Draft Enterprise Area Plan is to establish land use and street patterns in the Enterprise Area for the next 20 years. Adoption of the Plan will amend the Land Use, Circulation, i 5/17/82 ! 136 and Open Space and Conservation Elements of the Redding General Plan. He noted that the Churn Creek Bottom area south of Churn Creek Road and areas within the Redding Municipal Airport Specific Plan Area have been deleted from the Enterprise Area Plan. Mr. Perry stated that when Council considers the Draft Plan, the negative declaration will have to be ratified. He added that the negative declara- tion is now being advertised to give the public the opportunity to comment. This was an information item and no action was taken by Council . ANNEXATION REQUEST NO. 82-12 - Airport Road Planning and Community Development Director Perry reviewed his memorandum to Council dated May 13 , 1982. A petition was submitted requesting annexa- tion of 279 acres located on either side of Airport Road, north of Brent- wood Subdivision and south of Argyle Estates and the County transfer station. A map of the area was shown on the Vu Graph. $3 Mr. Perry indicated that all of the property is within the Municipal Airport Plan area. He said that one of the two parcels to the north, between the subject property and Argyle Estates, should be included, if the annexation is approved. He stated that the two parcels on the east side of Airport Road north of this property should be considered for inclusion as well . It is the recommendation of staff that the request be referred to the various City departments for report and recommendation. Mr. Perry responded to an inquiry from Dr. Fulton that the requested area is uninhabited and entirely owned by the Northern California Financial Service Corporation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Annexation Request No. 82-12, Airport Road be referred to the various City departments for report and recommendation. The Vote: Unanimous Ayes GENERAL PLAN UPDATE - Status Report Planning and Community Development Director Perry submitted to Council , copies of the Housing, Circulation, Recreation, and Redevelopment Elements for the General Plan Update. When completed, Mr. Perry indicated the 16 elements which are anticipated to be included in the Plan. He advised Council of the status of several of the Elements which are presently being drafted. Mr. Perry said the' Planning Commission is using a series of sequential decision-making steps in updating the General Plan. He advised 1JI that to date, preliminary decisions have been made concerning the plan � l area, sphere of influence, holding capacity, initial plan area, minimum land-use needs, and population projections. Mr. Perry stated that it is the intention of the Commission to circulate each element as it is completed, for public agency comment and to hold a public hearing. He explained that the Plan Update has been divided into two geographic sections , an initial plan area and a follow-up plan area. The initial plan area will include all the areas within the phased urban area--Churn Creek Bottom, and an extension of the Upper Churn Creek area to Pine Grove. The Upper, Middle, and Lower Stillwater Plan Areas, Quartz Hill and Centerville will be classified in holding zones until development of separate area plans. Mr. Perry noted that this will allow the City to proceed with updating the Plan without waiting for the preparation of additional base data for these areas. He said that separate public hear- ings are being held on the Enterprise Area because of the complex urban nature of the area. It is expected that the Enterprise Committee Plan will be reconciled to new policies in the Housing, Circulation and Land Use 5/17/82 137 Elements. Mr. Perry commented that the City has received good coverage in the Record Searchlight on the two elements that have been circulated. 4 This was an information item and no action was taken by Council . 1 PUBLIC HEARING - re Appeal of Use Permit UP-50-82, by Ruth Olson The hour of 7:30 P.M. having arrived, Mayor Gard opened the public 's hearing re appeal of Use Permit UP-50-82, by Ruth Olson. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing 1 Affidavit of Publication - Notice of Public Hearing I/ The City Clerk advised that no written protests have been received and / Mayor Gard ascertained that there were no protests from the floor. City Clerk Richter advised that the appellant, Mrs. Ruth Olson has submitted a letter asking for continuance to the next regular Council Meeting. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the Public Hearing re appeal of Use Permit UP-50-82, by Ruth Olson, be continued to 7:30 P.M. , June 7 , 1982. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-3-82, by Brian Burk et al The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re General Plan Amendment Application GPA-3-82, by Brian Burk et al . The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission Recommendation dated May 13, 1982 The City Clerk advised that no written protests have been received and 1 the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 13, 1982. He stated that the Planning Commission has unanimously recommended amendment of the Redding General Plan to reclassify four parcels located in the northwest corner of the intersection of Victor Avenue and Highway 44 from Residential , six units per acre to Office-Residential . A map of the 4 area was shown on the Vu Graph. Mr. Perry advised that the requested Office-Residential classification 4 would allow residential development at double the present density or development of offices. He indicated that access to the area is from Victor Avenue or from a reciprocal driveway which extends westward from Victor Avenue. Mr. Perry pointed out that when the Victor Avenue overcrossing is built, the driving surface of the bridge will be approximately ten feet higher than the elevation of these properties, thereby increasing their exposure to motor-vehicle traffic and noise. It is the recommendation of both the Planning Commission and staff that the four parcels be reclassified Office-Residential . It is 5/17/82 P 138 i r r r L further recommended that the negative declaration be ratified, that r the recommendation be approved, and that the City Attorney be asked to prepare a resolution for adoption in June. MOTION: Made by Councilman Demsher, seconded by Councilman eF. Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes 6 III F MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings re GPA-3-82: 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 March 3, 1982. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff re GPA-3-82 , and instructing the City Attorney to prepare a resolution for adoption in June. The Vote: Unanimous Ayes RESOLUTION - re Workers' Compensation Self-Insurance Administrator Mayor Gard introduced the City' s new Personnel Officer James Bristow, from the City of Burbank, California. Mr. Bristow reviewed his memo to Council dated May 11 , 1982. He stated that it has recently been determined by staff that it would be in the x City' s best interest to go self-insured in the area of workers' compensation. He explained that the City would have an improved cash flow by not paying yearly premiums to an insurance carrier and provide needed flexibility in paying for actual administrative services used rather than _.j all services handled by one insurance package. Mr. Bristow recommended 1 o - that the City be self-insured for claims up to $150,000 for catastrophic cases. the excess insurance will cover claims over the $150,000 level . It is the recommendation of staff that the following actions be taken: 1 1 . The City be authorized to enter into a contract with Fitzpatrick Self-Insurance Administrators to handle the City' s workers' compensation claims. 2. That the City be authorized to make an application for self-insurance with the State of California. 3. That authorization begiven togive notice to State Compensation � P i Insurance Fund that we are terminating our contract with them with the r intention to go self-insured. In response to an inquiry from Councilman Demsher, the Personnel Officer advised that five firms presented proposals to administer this program. He also noted that the main criteria in choosing a firm were cost andIII ( recommendations from other agencies. Councilman Fulton inquired about the location of the Fitzpatrick company and Mr. Bristow advised that their main office is in southern California and added that no local firms submitted proposals. 5/17/82 139 Mrs. Gard noted that Redding is one of the last Cities of its size to go self-insured. Councilman Fulton suggested that possibly the medical portion of the agreement should be looked into more closely. Mr. Bristow pointed out that the City must notify State Fund by June 1 , to terminate their contract by July 1 , 1982. Council Members expressed some concern with the distance of Fitzpatrick Company and felt that a firm which was closer may tend to give better service. Mr. Bristow assured Council that the recommendations he received from other agencies was that the Fitzpatrick Company gave excellent service to agencies regardless of their geographic location. He further noted that the cost difference between the five firms was very slight. Councilman Kirkpatrick concurred that this is a specialty field and not that many firms deal with workers ' compensation self-insurance administration. City Attorney Hays pointed out that there are some providers of this service who do not have a legal staff. He said that Fitzpatrick does have its own legal staff and this is an important factor. He concurred that it is a good organization and he is satisfied that the contract is adequate for the City' s requirements. In response to an inquiry from Dr. Fulton, Assistant City Manager Courtney stated that he is satisfied with the contract with Fitzpatrick. He said that much staff work has been done on the program and added that it is a good time to go self-insured. Mr. Courtney agreed that it is a sound recommendation. Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-71 be adopted, a resolution of the City Council of the City of Redding authorizing application to the State for Workmen's Compensation self-insurance, termination of City' s contract with State Compensation Insurance Fund, and execution of a contract with Fitzpatrick Self-Insurance Administrators. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None .l Absent: Council Members - Pugh Resolution No. 82-71 is on file in the office of the City Clerk. 1 REQUEST TO SELL BEER - Redding Men' s Fast Pitch Association Parks and Recreation Director Riley presented the request from the Men's Fast Pitch Association to sell beer during their five tournaments at the Redding Softball Park on May 28-31 , June 4-6, June 18-20, June 25-27, and July 9-11 , 1982. He advised that the Parks and Recreation Commission was polled by telephone and they recommended approval of the request to sell beer at the five tournaments as indicated above subject to four conditions as listed in the staff report dated May 12, 1982. Mr. Riley also presented a request from the Redding Men' s Fast Pitch Association to sell beer during two special events on May 27 and July 14, at the Redding Softball Park. He stated that it was the recommendation of the Commission and staff that these requests be denied. Mr. Riley said the Commission and staff felt that the Association is not so financially insolvent that it would be necessary to sell beer at these events to cover league expenses , especially with the sale of beer at the five tournaments as listed above. 5/17/82 140 E Councilman Fulton disagreed with the recommendation to deny the requests for the two special events. Councilman Kirkpatrick emphasized that the Commission should indicate a firm policy on such requests and felt that the financial solvency of an organization is irrelevant. Mayor Gard suggested that it may be appropriate to ask the Commission for a policy statement on beer sales. Councilman Demsher felt that the Commis- sion is trying to avoid some of the problems experienced in the parks several years ago, but concurred that Council needs to know what their policy is. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Commission and staff, but asking the Parks and Recreation Commission to state their view of a recommended policy 1 statement for beer sale requests. Voting was as follows: Ayes: Council Members Demsher and Kirkpatrick Noes: Council Members Fulton and Gard Absent: Council Members Pugh This motion did not pass. Councilman Fulton said he does not understand why the Commission recommended denial of the request to sell beer at the two special events. Mr. Riley explained that they are trying to limit the sale of beer at weeknight activities. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the requests to sell beer at the tournaments and at the two special events on May 27 and July 14. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Demsher and Gard Absent: Council Members - Pugh This motion did not pass. It was suggested that the two requests be addressed in separate motions. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the request by the Redding Men' s Fast Pitch Association to sell beer at the Redding Softball Park at the five tournaments as indicated above. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - Pugh This motion passed. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick denying the request from the Redding Men' s Fast Pitch Association to sell beer at two special events at the Redding Softball Park on May 27 and July 14, and asking the Parks and Recreation Commission to give Council their recommendation for a policy statement on this matter. The Vote: Unanimous Ayes REQUEST TO SELL BEER - Redding Men' s Fast Pitch Association Parks and Recreation Director Riley advised that the Men' s Fast Pitch Softball Association requested permission by telephone to sell beer during 5' their softball tournament on May 7 , 8, and 9, at the Redding Softball Park. 0 The City Council approved this request by telephone poll on May 7, 1982. t 5/17/82 141 3 t 4 1 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton s ratifying Council ' s approval by telephone, that the Redding Men's Fast Pitch Association sell beer at their softball tournament on May 7, 8, and 9, 1982, at the Redding Softball Park. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - Pugh I NOTICE OF COMPLETION - Monte Bello Drive Widening MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that Bid Schedule No. 1373, Montebello Drive widening between Villa Court to Stratford Avenue, be accepted as being satisfactorily completed and in- structing the City Clerk to file a Notice of Completion. .256 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard J Noes: Council Members - None Absent: Council Members - Pugh NOTICE OF COMPLETION - Caldwell Park Sewer Extension 4 MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that Bid Schedule No. 1376, Caldwell Park Sewer Extension, be accepted as being satisfactorily completed and instructing the City Clerk to file a Notice of /, Completion. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh AWARD OF BID - Bid Schedule No. 1379, Installation of Engine-Generator Set at Pumphouse No. 3 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council makes the following findings re Bid Schedule No. 1379: 1 . Project is compatible with the Redding General Plan. 33, 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administra- tive Review on April 7 , 1982. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Bid Schedule No. 1379, installation of engine-generator set at Pumphouse No. 3, be awarded to Cal Electro, Inc. on its low bid in the amount of $53 ,276. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh AWARD OF BID - Bid Schedule No. 1380, Landfill Leachate Control System MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher 1 8 i that Bid Schedule No. 1380, landfill leachate control system, be awarded to Robert J. Frank, on his low bid in the amount of $6,660. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh 3 4 • 5/17/82 142 f' r x. a 9 • a RESOLUTION - re Abatement at 3578 Churn Creek Road, Owned by Frank and Grace Lewis MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that li Resolution No. 82-72 be adopted, a resolution of the City Council of the a City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (3578 Churn Creek Road, owned by Frank Lewis). Voting was as follows: III L Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-72 is on file in the office of the City Clerk. T RESOLUTION - Establishing Amended Schedule of Planning Permit Fees MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 82-73 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 80-149, and establishing an amended schedule of planning permit fees to be paid for rezoning applications , environmental impact reports, use permit applications, I0 a variance applications, amendments to the Zoning Code, amendments to the General Plan, and copying charges. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 82-73 is on file in the office of the City Clerk. HARTNELL AVENUE ASSESSMENT DISTRICT NO. 1980-3 - Settlement Agreement t City Attorney Hays reviewed his memo to Council dated May 12, 1982. He stated that staff has been working on negotiated settlement of two lawsuitsIII involving the Harters. He explained that one is the condemnation action against the Harters by the City of Redding for the necessary right of way and easements for the extension of Hartnell Avenue, while the other suit was brought against the City of Redding by the Harters challenging the $� assessment levied against their property under the above titled assessment x district. Mr. Hays indicated that the settlement agreement that has been entered into in this matter is one that that the City can agree to. He recommends that k, Council approve the settlement agreement, and that a resolution be adopted r adjusting the Assessment No. 3 in the Hartnell Avenue Assessment District No. 1980-3, to zero. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the settlement agreement marked Exhibit A, relative to Hartnell Avenue Assessment District No. 1980-3. The Vote: Unanimous Ayes t Resolution - Adjusting Assessment No. 3 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 82-74 be adopted, a resolution of the City Council of ' the City of Redding changing proceedings without notice or hearing in Hartnell Avenue Assessment District No. 1980-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - NoneIII Absent: Council Members - Pugh Resolution No. 82-74 is on file in the office of the City Clerk. r • C `! 5/17/82 1 i 143 1 i 1 i REPORT FROM CITY ATTORNEY - re PGandE' s Request for Additional Funds for i Power Line Project City Attorney Hays advised that by Agreement dated March 3, 1981 , the City of Redding entered into an agreement with Pacific Gas and Electric Company i for an upgrade of approximately 2652 feet of 12kv distribution facilities along Highway 273, north of Lake Boulevard. Mr. Hays pointed out that the document states that the price to do the work ;272_ contracted for is the actual cost not to exceed $12,000. He indicated that apparently, PGandE was somewhat slow in prosecuting the work covered by the agreement, and therefore, the amount which the agreement was based upon was A escalated due to that delay. d Based upon the record available, and the contract document involved, it is 1 the opinion of the City Attorney that the City is bound to pay PGandE only an amount of $12,000. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of the City Attorney and denying the request of PGandE for additional funds over the $12,000 contract amount to upgrade 1 certain overhead electrical facilities along Highway 273, north of Lake Boulevard. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Lady Lorenz (Giant Erection, Jack Buffum & Gene Orcutt) 1600 California Street Barber Honey & Bee Supplies (Robert Barber) 2705 Park Marina Drive Nello' s Place (Nello & Romiko Miele) 3055 Bechelli Lane #6 Shasta Cascade Wonderland Association: Publicity ADJOURNMENT There being no further business , at the hour of 8:00 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: 1 fl\ d d -7 c: ►_.`G I . k . v ayor f ATTEST: 4 City Clerk 1 I 1 q A 7 $ i s i 1 • • 3 5/17/82 ,