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HomeMy WebLinkAboutMinutes - City Council - 1979-01-15 11 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California January 15, 1979 7:00 P.M. The Pledge of Allegiance to the Flag was led by Deputy Planning Director Perry. The invocation was offered by the Reverend Glenn Ratcliff, Associate Pastor of the Redding First Church of the Nazarene. The meeting was called to order at 7:00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Director of Planning and Community Development Harris, Director of Electric Simpson, Director of Personnel and Labor Relations Reynolds, Deputy Planning Director Perry, Assistant City Engineer Lang, Traffic Engineer Hamilton, Airports Manager McCall, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the minutes of the regular meeting of January 2, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Sanitary Landfill Protests - Oregon Gulch In a communication to Council dated December 12, 1978, Marty McMurdo, 1352 Riviera Drive, representing the Committee of Concerned Citizens against the Southwest Oregon Gulch Dump Site, submitted letters from 93 persons and petitions signed by 1270 persons opposing the proposed sanitary landfill. An additional 60 letters were submitted this evening from concerned persons. Said letters and petitions are on file in the office of the City Clerk. l \ 1 A summarized analysis was attached to said communication pertaining to 1 ' 1 the "SCS Engineers of Long Beach" workup on the City/County landfill sites relative to the area of South Redding which was compiled by the Committee of Concerned Citizens. Councilman Kirkpatrick and Councilwoman Gard attended a public hearing held by the Shasta County Board of Supervisors at the Civic Auditorium ' on November 21, 1978, pertaining to the draft environmental impact report on said project. Councilman Kirkpatrick said that very valid points were raised by approximately 30 persons who spoke in opposition to the project and that alternate landfill sites are being considered. Councilwoman Gard complimented the group in attendance this evening for doing their homework and for turning out in full force to speak on the issues. She said it demonstrates that the democratic process does work. She indicated that the EIR process presents an avenue for public agencies to receive the pros and cons of a project from persons who are concerned. Councilman Pugh said that Council will not be making a decision tonight on a landfill location, but that the Oregon Gulch site is one of many being considered. He indicated that the interest of the concerned citizens has broadened the scope of where the landfill should be placed. 7 12 Mayor Demsher added that alternate sites are being seriously considered. He indicated that the community must understand that the problem is going to be with us until a suitable location can be located. He stated that it is inevitable that the new landfill site will be located in someone's backyard. He noted that the City is attempting to expand the use of the present landfill, but that a new location will have to be found eventually. Jerry Glovak, Jr. , spokesman for the Committee of Concerned Citizens, representing approximately 75 persons attending the meeting this evening, said he questions why the Oregon Gulch site is still being considered. He offered the following reasons why this site is not suitable for the landfill: 1. It will increase the traffic flow in a residential areas; 2. It will pollute underground streams and surface water; 3. Its location will be in the backyard of a residential district; 4. It will disturb and destroy natural wildlife. Mr. Glovak said that in researching locations of landfills in major cities, it was noted that the average distance from the center of residential areas to the landfill site appears to be approximately 10 miles. He said that another location may cost more, but it is obvious that the Oregon Gulch site is not going to be an acceptable site now or in the future. He requested Council support of the position presented. Councilman Pugh requested that the record show that the protests have been received and that the matter be referred to the Landfill Committee. Mayor Demsher said that Council is sensitive to the feelings expressed. He noted that the decision will not be acceptable to everyone when a site is chosen. Robert Lee, 1797 Kenyon Drive, requested that the landfill not be located anywhere in the City of Redding. He said it should be located somewhere in the outlying area where it will be comfortable for all concerned. With the concurrence of other Council Members , Mayor Demsher referred this matter to the Landfill Committe for further consideration. CHESTNUT STREET ASSESSMENT DISTRICT NO. 1979-1 Mr. Samuel A. Sperry of Sturgis, Ness and Brunsell, City of Redding Bond Counsel, submitted the following documents for filing and adoption re the Chestnut Street Assessment District No. 1979-1: Petition Certificate re Petition Cl Resolution - Accepting Petition MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-8 be adopted, a resolution accepting Petition, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher 111 Noes: Council Members - None Absent: Council Members - None Resolution No. 79-8 is on file in the office of the City Clerk. Boundary Map 13 Resolution - Approving Boundary Map MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-9 be adopted, a resolution approving Boundary Map, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-9 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-10 be adopted, a resolution approving agreement for legal services, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-10 is on file in the office of the City Clerk. Resolution - Of Intention MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-11 be adopted, a resolution of intention to order improvement in Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-11 is on file in the office of the City Clerk. Mr. Sperry apprised Council that time is very significant noting that it is very likely that within six weeks a test suit may be tried in the Supreme Court which may or may not confirm that assessment district proceedings have been affected by Proposition 13. NORTH BONNYVIEW SEWER ASSESSMENT DISTRICT Mr. Samuel A. Sperry of Sturgis, Ness and Brunsell, City of Redding Bond Counsel, submitted the following documents for filing and adoption re North Bonnyview Sewer Assessment District. Filing of Paid and Unpaid List Resolution - Authorizing Reduction of Assessment 115 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-12 be adopted, a resolution authorizing reduction of Assessment No. 115 without notice of hearing, and related modification to amended Engineer's Report, North Bonnyview Area Sewer Assessment District No. 1978-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-12 is on file in the office of the City Clerk. 14 Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-13 be adopted, a resolution determining assessments remaining unpaid, North Bonnyview Area Sewer Assessment District No. 1978-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher111 Noes: Council Members - None Absent: Council Members - None Resolution No. 79-13 is on file in the office of the City Clerk. Resolution - Appointing Paying Agent MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-14 be adopted, a resolution appointing paying agent for the payment of principal and interest on bonds issued in North Bonnyview Area Sewer Assessment District No. 1978-1, City of Redding, Shasta County, California. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-14 is on file in the office of the City Clerk. Resolution - Establishing Maturity Schedule MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-15 be adopted, a resolution establishing maturity schedule for bonds to be issued in North Bonnyview Area Sewer Assessment District No. 1978-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-15 is on file in the office of the City Clerk. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 14, check nos. 61128 to 61373, inclusive, in the amount of $627,893.40, be approved and paid, and that Payroll Regis- ter No. 14, check nos. 109393 to 109902, inclusive, salaries in the amount \<J of $275,554.94 for the period December 24, 1978 through January 6, 1979, be approved. Total $903,448.34. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None TREASURER'S REPORT Councilman Pugh submitted the Treasurer's Report as of November 30, 1978 which showed the Treasurer's Accountability to be $13,914,511.16 CLAIMS FOR DAMAGE - 1st hearing Kalsbeek Properties - Claim filed 12/29/78 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Kalsbeek Properties on December 29, 1978 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of February 20, 1979. The Vote: Unanimous Ayes 15 Paul A. Ferraiuolo - Claim filed 1/5/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Paul A. Ferraiuolo on January 5, 1979 be referred to the City Insurance Committee, and that the City la 3 Clerk be instructed to place the Claim on the agenda for the meeting of February 5, 1979. The Vote: Unanimous Ayes Seacamp/Enterprise Properties - Claim filed 1/2/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Seacamp/Enterprise Properties 1:�3 on January 2, 1979 be approved in the amount of $171.25, based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS FOR DAMAGE - by Insurance Carrier City Attorney Murphy advised Council that the Claims for Damage filed by the following persons have been settled by the City Insurance Carrier in the amounts listed: Russell S. Clark - $9,300.00 3 James Neil McGee - $1,068.31 A. H. Baker - $573.13 Anne Frances Calnan - $395.00 ORDINANCE - Ambulance Regulations MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that full reading of Ordinance No. 1427 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes City Attorney Murphy said that he had received a letter, dated January 8, 1979, from Todd C. Fineberg, Attorney, for the Shasta County Ambulance Society re this ordinance and perhaps Mr. Fineberg wished to appear before Council. �L 3 Todd Fineberg, 1428 West Street, representing the Shasta County Ambulance Society, said that prior City, County and State regulations for ambulance operators were very rigorous. He stated it was hoped that by adoption of this ordinance, only one local procedure for approving the credentials will be required, rather than complying with procedures for the City and County, in addition to meeting the State requirements. He does not feel the ordinance consolidates the procedures adequately and that two sets of local standards will still have to be met. Councilmen Fulton, Kirkpatrick, and Pugh, having conflicts of interest, advised that they would abstain from voting on this motion. City Attorney Murphy said that because three votes are required for action on an ordinance, Council Members should declare their conflicts and then vote on the issue before them. Councilman Pugh stated that his firm (Packard and Pugh) has an attorney- client relationship with Mercy Hospital. Councilman Kirkpatrick said that he is a Member of the Board of Directors for Memorial Hospital. Council- man Fulton advised that as a local doctor, he has a contractual relation- ship with Mercy Hospital. MOTION: Made by Councilwoman Gard, seconded by Mayor Demsher that Ordinance No. 1427 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.08 of the Redding Municipal Code by repealing Sections 6.08.020, 6.08.070, 6.08.080, 6.08.090, 6.08.100, 6.08.120, and 6.08.180, and substituting therefor new Sections 6.08.020, 6.08.070, 6.08.090, 6.08.100, and 6.08.120, pertaining to ambulance regulations. 16 Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1427 is on file in the office of the City Clerk. RESOLUTION - Amending Limited Ambulance Rates and Charges In a communication to Council dated December 13, 1978, Roy Stephens of R&M Medi-Trans requested increases in its patient pickup and mileage rates. Councilwoman Gard said that after consideration of this request, it is the recommendation of the Ambulance Committee that the rate for patient pickup be increased from $12.50 to $15.00, and that the following two new tPm categories be added: Return Empty $.35 per mile Hourly wage/Return Empty 5.00 Mrs. Gard explained that at times R&M Medi-Trans must travel to places such as Weaverville, Mt. Shasta, or Sacramento and no provision has been made for compensation for the return trip. This is the reason for addition of the two rates. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-16 be adopted, a resolution of the City Council of the City of Redding amending rates and charges which may be charged by limited ambulance vehicles doing business in the City of Redding. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-16 is on file in the office of the City Clerk. SACRAMENTO RIVER BANK PROTECTION PROJECTS In a memo to Council dated January 12, 1979, the Council Committee, consist- ing of Mayor Demsher and Councilwoman Gard, submitted its comments re the Sacramento River Bank Protection Projects, as drafted by the Corps of Engineers, \0 which memo is hereby made a part of these minutes by reference. At the request of Councilman Pugh, City Clerk Brayton read the memo aloud for the benefit of those present at the meeting. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that said comments be submitted as Council's position in response to the Corps of Engineers request for comments on its draft supplements re the Sacramento River Bank Protection Project and the Sacramento River, Chico Landing to Red Bluff project. The Vote: Unanimous Ayes ANNUAL FINANCIAL REPORT, ANNUAL REPORTS OF WATER AND SEWER UTILITY OPERATIONS Ward Gandy of Gandy, Scott and Company advised Council that his firm had conducted the annual audit of the City of Redding Annual Financial Report, and the Annual Reports of the Water Utility Operation and of the Sewer Utility Operation, said reports pertaining to the fiscal year ended June 30, �) 1978. \v Mr. Gandy noted that because records relative to property, plant and equip- ,.;CN ment for these operations are incomplete, his firm is unable to express an •')) opinion on such assets; however, steps are being taken by the City to obtain a comprehensive appraisal which will provide reliable amounts to be included in the financial records. In the opinion of his firm, Mr. Gandy said that, with the exception of the aforementioned matter, the financial statements present fairly the financial 17 position of such City operations as of June 30, 1978, based on generally accepted accounting principles. Mr. Gandy commended the City for its effort in bringing its financial statements into compliance with the standards of the Municipal Finance Officers Association. He noted that the City has applied for a Certificate of Conformance this year for its compliance with these regulations. Mr. Gandy stated that he believes that if the certificate is not issued this year, it will be forthcoming next year. He remarked that only 450 such certificates are issued in the United States pointing out that it will be quite an accomplishment for a City of this size to receive one. He explain- ed that this certificate will solidify the general credit rating of the City and further improve the City' s position in obtaining financing or bonds for City projects. He explained that, once the certificate is achieved, it will be issued on an annual basis by submission of a conform- ing financial statement. Mr. Gandy thanked the staff for its cooperation in preparing the reports. PUBLIC HEARING - Reassessment of Assessment No. 8, Hilltop Sewer Assessment District The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on reassessment of Assessment No. 8, Hilltop Sewer Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Hilltop Sewer Assessment District Assessment Split for Original Parcel No. 8 The City Clerk advised Council that no written protests had been y� received, and the Mayor ascertained that there were no protests / from the floor. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-17 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 8 in Hilltop Sewer Assessment District 1977-4. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-17 is on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application RZ-6-78, by Walter G. Wilson The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application RZ-6-78, by Walter G. Wilson. 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 January 10, 1979 The City Clerk advised Council that one written protest had been received from Charles R. and Carole Marlow of Susanville who would be unable to attend the hearing. The protest referred to RM-9 zoning. F 18 It should be noted that the applicant's request for rezoning was amended from RM-9 to RM-6 District. It is the feeling of staff that the Marlows of Susanville would not be opposed to the RM-6 District which is consistent with the General Plan for the Magnolia Neighborhood Plan. The area being considered for rezoning at 1406 and 1414 Magnolia Avenue was shown on the Vu Graph. Planning and Community Development Director Harris said it is the recommendation of both the Planning Commission and the staff that subject application be approved as requested. If Council concurs, it is suggested that the prepared ordinance be offered for first reading and that Council ratify the negative declaration approved for this project. Vi Klaseen, 595 Mary Street, said she had attended many meetings during the General Plan process for the Magnolia Neighborhood and questioned why the Planning staff is in favor of this request. Mr. Harris replied that the request is consistent with the General Plan for this area. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Council makes the following findings regarding Rezoning Application RZ-6-78, by Walter G. Wilson: 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 May 31, 1978. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1428 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-6-78) OLD CITY HALL Mayor Demsher reported that on January 11, 1979, he and Councilwoman Gard held afternoon and evening meetings to receive input from the public to help determine what should be done with "Old City Hall. " It was pointed out that on November 14, 1978, the building was placed in the National Register for Historic Places which will make it eligible for Community Development and grant funds to aid in its restoration. Ideas received from the public varied and included such uses as a children's library, teen center, museum, office for United Way, or a Community Center, etc. One suggestion was to obtain an appraisal as to its present market value and perhaps request bids from local developers who might wish to restore it for a specific use. Mayor Demsher pointed out that because of unsure future financing for the City, due to Proposition 13, it would be desirable to decide upon a use for the structure that would be self sustaining. It was also noted that the structure has limited parking. Councilwoman Gard reported that many people indicated their appreciation in having the building listed in the National Register for Historic Places and that it will be restored. Council took no formal action on this item. 19 RESOLUTION - Rejection of Bid - Station Alert Receivers MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-18 be adopted, a resolution of the City Council of the City of Redding rejecting the sole bid received under Bid Schedule No. 1055 for station alert receivers and home alert receivers, and declaring that said equipment can be acquired for a favorable price in the open id-2)1 market, and authorizing negotiation therefor. r Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-18 is on file in the office of the City Clerk. RESOLUTION - Purchase of Police Vehicles MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-19 be adopted, a resolution of the City Council of the City of Redding authorizing the Department of General Services of the State of California to purchase eight 1979 police type vehicles for the City of Redding. .D6= Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-19 is on file in the office of the City Clerk. RESCISSION OF CONTRACT - General Appraisal Company At its meeting of December 4, 1978, Council approved a contract with General Appraisal Company for appraisal of City buildings and contents. City Manager Brickwood advised Council that staff held up delivery of said contract having recognized that this work could be combined with work presently being accomplished pertaining to various public works projects and work pertaining to sale or lease of land at Redding Munici- pal Airport. Mr. Brickwood said that a local person is available who is qualified to perform real and personal property appraisal, right of way 3 negotiation and acquisition, and land disposition negotiation. It is .� requested that Council rescind approval of the contract with General Appraisal Company. In reply to a question as to how much of a savings this would be to the City, Mr. Brickwood replied that it would probably be a savings of approximately $5000-6000, In addition, additional lease and sale negotiations could be accomplished which the appraisal firm would not undertake. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that approval of the contract with General Appraisal Company for appraisal of City buildings and contents be rescinded and that said company be properly notified. The Vote: Unanimous Ayes ANNUAL 1978-79 BUDGET Assistant City Manager Courtney said that budget appropriations for the 1978-79 fiscal year were approved by Council on September 5, 1978; however, because of the uncertainties resulting from the passage of Proposition 13, consideration of the 1978-79 Annual Budget appropriations was delayed. 7 i Because of the delay, staff decided to make the budget a more useful I ,}.S document by including actual revenue and expenditure information for the 1977-78 fiscal year and adjusting beginning balances to actual funds available as of July 1, 1978. Copies of the budget were submitted to Council Members. Mr. Courtney stated that it is hoped that the usual schedule of adopting the 1979-80 Annual Budget Appropriation prior to July 1, 1979 will be resumed this year. 20 RESOLUTION - Lot Line Adjustment LS-116-78, by K. R. Whitmire MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-20 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application LS-116-78. Voting was as follows: \v Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-20 is on file in the office of the City Clerk. PROPOSED ANNEXATIONS - Cascade Annex No. 78-2, and Enterprise Annex Nos. 78-5, 78-8, 78-9, and 78-10 Planning and Community Development Director Harris reviewed his memorandum to Council dated January 11, 1979, concerning annexation of areas which, if approved, will eliminate certain islands or peninsulas. Said memorandum is made a part of these minutes by reference. Mr. Harris noted that inquiries were sent to owners of property in existing islands or peninsulas not presently a part of the City, and that staff is prepared at this time to move ahead with annexation proceedings in five such areas; i.e. , one Cascade annexation and four Enterprise annexations. It is recommended that Council authorize staff to commence annexation under the uninhabited procedure for Cascade Annex No. 78-2 and Enterprise Annex No. 78-8; that Council initiate annexation under the new provisions of the State law dealing with island annexations by adopting the prepared resolution with respect to Enterprise Annex No. 78-5; and that Council authorize the commencement of inhabited proceedings under the new island annexation provisions for Enterprise Annex Nos. 78-9 and 78-10. Mr. Harris suggested that action be taken on each proposed annexation individually. Each area was depicted on the Vu Graph. Cascade Annex No. 78-2 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick author- `-A izing commencement of annexation of Cascade Annex No. 78-2 under the \. "uninhabited" procedure and authorizing staff to assist in the preparation of the application to the Local Agency Formation Commission. The Vote: Unanimous Ayes Enterprise Annex No. 78-8 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick author- izing commencement of annexation of Enterprise Annex No. 78-8 under the "uninhabited" procedure and authorizing staff to assist in the preparation of the application to the Local Agency Formation Commission. The Vote: Unanimous Ayes Enterprise Annex No. 78-5 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-21 be adopted, a resolution of the City Council of the City of Redding making application for a change of organization pursuant to the Municipal Organization Act, Title 4, Part 2, Chapter 2, Article 1, of the Government Code of the State of California, to wit, Enterprise Annexation 78-5. Voting was as follows: n� Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-21 is on file in the office of the City Clerk. 21 Enterprise Annex No. 78-9 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh authorizing commencement of annexation proceedings for Enterprise Annex No. 78-9 under the new "island" annexation provisions and authorizing staff to assist in the preparation of the application to the Local Agency Formation Commission. The Vote: Unanimous Ayes Enterprise Annex No. 78-10 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh authorizing commencement of annexation procedings for Enterprise Annex No. 78-10 under the new "island" annexation provisions and authorizing 1 6 staff to assist in the preparation of the application to the Local Agency Formation Commission. The Vote: Unanimous Ayes PARKING PROHIBITION - West side of East Street Traffic Engineer Hamilton reported that, in regular session on January 8, 1979, the Traffic and Parking Commission considered, for the third time, the prohibition of parking on the west side of East Street on the frontage of property currently belonging to Helen Faye Generes and to Glassburn Motors. Mr. Hamilton said that the purpose is to open up an increasingly congested section of narrow street in the interest of capacity and safety. He indicated that opposition to the loss of desirable parking was expressed by R & R Meats and by Mrs. Generes. Glassburn Motors was in favor of the prohibition. It is the recommendation of the Traffic and Parking Commission that this prohibition be approved. Council Members discussed the proposal and felt the loss of parking to the //36 businessess and employees in the area would force parking into the nearby residential area. Councilman Kirkpatrick said Mr. Nystrom registered his opposition to the parking restriction because it would limit parking for his business, Kathy's Pies. Mr. Kirkpatrick said he had also heard from Mr. Dawes of R & R Meats, who is present at the meeting. Council Members also considered the increase in traffic and congestion on this portion of East Street. It was pointed out that although the area is posted 25 mph, it is doubtful that motorists comply and that speed is an additional concern. The City Attorney noted that the relocation of the Bank of America may have increased the north-bound traffic. Helen Faye Generes, 2538 Waldon, owner of property in the area under consideration, said that the City assured her of egress and ingress to her property in years past. She feels that the congestion has become more severe since 1976 when Kathy's Pies, located across the street from her, provided tables for sit-down service and that she objects to the patrons of the pie shop utilizing the parking spaces in front of her property. She said she has the right to use that parking for loading and unloading. Mrs. Generes submitted a letter to Council in support of her position. Mr. Hamilton stressed that the purpose of the proposed parking removal is to prevent any parking on the east side of the street to make more room for turning and passing vehicles on a narrow street section. After additional discussion, it was the general consensus of Council that the matter be referred back to the Traffic and Parking Commission for con- sideration with the recommendation that lane-merger striping of the roadway and limited parking for patrons and employees be considered as a measure to alleviate the problem. Mr. Dawes, R & R Meats, appeared before Council and said he is in agreement with the limited parking idea. 22 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that this matter be referred to the Traffic and Parking Commission for consider- ation with the recommendation that lane-merger striping of the roadway and limited parking for patrons and employees be considered. The Vote: Unani- mous Ayes STOP SIGNS - Tehama, Butte and Yuba Streets at West Street Traffic Engineer Hamilton reported that in regular session on January 8, 1979, the Traffic and Parking Commission voted unanimously to recommend that stop signs be installed to stop traffic on westbound Tehama Street, eastbound and westbound Butte Street, and westbound Yuba Street at West Street. Mr. Hamilton noted that the Police Department has indicated in- creasing problems with right of way assignment in these areas. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes RE-ESTABLISHMENT OF PARKING - Shasta Street Traffic Engineer Hamilton reported that in regular session on January 8, 1979, the Traffic and Parking Commission considered the recommendation of the Traffic Engineer that the parking prohibition established in 1966 by Resolution No. 3653 be rescinded, and that parking be re-established on the south side of Shasta Street east of East Street except for a distance of 25 feet from the crosswalk. Mr. Hamilton noted that the Manager of Greyhound Bus Lines made this request . because of the problem the bus drivers are experiencing in making left_ hand turns at this intersection. Because the buses must make their turns a distance from the left curb line, motorists use the parking spaces as a left-turn lane thereby creating a safety hazard for the buses attempting to turn left. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the aforestated recommendation and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes CHANGE IN PARKING HOURS - Portion of California Street Parking Facility Traffic Engineer Hamilton reported that at its meeting of December 18, 1978, Council considered the Traffic and Parking recommendation to permit parking until 2:00 a.m. in the central at-grade section of the California Street parking facility. At that time, Council referred this matter back to the Commission with instructions that the Downtown Redding Mall Associ- ation be apprised of Mr. Burton's request for an extension of said area southward to the steps behind the Post Office Saloon. r1�7 Mr. Hamilton advised Council that the Association met on January 9, 1979, considered the requested extension, and voted to concur with the recom- mendation of the Traffic and Parking Commission that the 10:00 a.m. curfew be extended to 2:00 a.m. only in the central at-grade section between Butte and Yuba Streets. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes LEASE AGREEMENT - Redding Air Service/Redding Municipal Airport Airports Manager McCall reviewed his memorandum to Council dated January 10, 1979 pertaining to a lease agreement with Redding Air Service. Said memo- (A randum contains appraisal figures for the estimated market value of the land at $50,000 and economic rental value of the land and improvements at $570 per month. It is the recommendation of the Airports Commission that the rental rate be established at $417 per month which takes into consider- ation the fact the Redding Air Service built the building and it became the 23 property of the City of Redding free and clear on December 31, 1978. The appraiser added a 3% recapture of the building value in 30 years which the Commission feels would be the same as charging Redding Air Service for the building twice. It is also recommended that the lease agreement be for five years commencing January 1, 1979. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated recommendation of the Airports Commission and instructing the City Attorney to prepare the necessary lease. The Vote: Unanimous Ayes REQUEST FOR AIR SHOW - Annual Boat and Sport Show at Civic Auditorium Airports Manager McCall reviewed his memorandum to Council dated January 10, 1979 in which KRCR-Channel 7 and Tri-Aerial Enterprizes request permission to provide skydiving and parachuting exhibitions to be conducted near the Civic Auditorium at the Annual Sport and Boat Show, February 16-19, 1979. Mr. McCall advised Council that Tri-Aerial Enterprizes will be responsible for filing a formal notification with the California Division of Aeronautics and the proposed activities will be closely coordinated with the management of KRCR-Channel 7. The participating parachutists are certified by the California Department of Transportation as expert exhibition parachutists. Mr. McCall noted that Tri-Aerial Enterprizes will be required to furnish the appropriate Certificate of Insurance covering the event and each sky- diver. In addition, the insurance certificates will hold the City of Redding harmless. It is the recommendation of the Airports Commission that the request of KRCR and Tri-Aerial Enterprizes be approved. Councilwoman Gard said that each year when this request comes before Council, she feels apprehensive about its approval and asked if the insurance pro- vided does, in fact, hold the City harmless. City Attorney Murphy replied that although the City has its own insurance coverage beyond that of the lessee, the air show exhibitions do make him nervous. He indicated that the Airport Manager has assured staff that such concern is unwarranted. Councilman Pugh said that harm to one of the skydivers would be more likely than to the spectators on the ground. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the request of KRCR-Channel 7 and Tri-Aerial Enterprizes for skydiving and parachuting exhibitions at the Annual Sport and Boat Show as hereinbefore recommended, be approved. Voting was as follows : Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Gard Absent: Council Members - None NOTICE OF COMPLETION - St. Nicholas, July, August, Ward and Mira Vista Street Improvements MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting St. Nicholas, July, August, Ward and Mira Vista Street improvements, Bid _ Schedule No. 955, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes AWARD OF BID - Midway Drive/Ridge Road 8" -6" Water Line Replacement MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the recommendation of the Department of Public Works that Bid Schedule No. 1064, Midway Drive/Ridge Road 8"-6" Water Line Replacement, be awarded to Gary H. Drumm of Redding on their low bid in the amount of $67,320. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None 24 AWARD OF BID - Favretto Avenue Storm Drain - Grange Street to Fell Street MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1066, by the City of Redding, proposing to construct 720 lineal feet of storm-drain pipe and appurtenances on Favretto Street, from Fell Street to Grange Street: 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 December 19, 1978. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works that Bid Schedule No. 1066, Favretto Avenue Storm Drain - Grange Street to Fell Street, be awarded to R D Engineering of Citrus Heights, California, on their low bid in the amount of $33,140. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Site Preparation for Hangar No. 6 at Redding Municipal Airport MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1065, by the City of Redding, proposing to construct a Ten-Place T-Hangar at the Redding Municipal Airport: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on January 3, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works that Bid Schedule No. 1065, Site Preparation for Hangar No. 6 at Redding Municipal Airport, be awarded to Hayward Construction of Redding on their low bid in the amount of $8,307.60. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Improvements on Mistletoe Lane MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Council makes the following findings regarding Bid Schedule No. 1069, by the City of Redding, proposing to construct curb, gutter and sidewalk improvements on the south side of Mistletoe Lane between Canby Road and a point 400 feet west of Canby Road: 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 December 12, 1978. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the recommendation of the Department of Public Works that Bid Schedule No. 25 1069, Construction of Improvements on Mistletoe Lane East of Hilltop Drive, be awarded to Gary H. Drumm of Redding on their low bid in the amount of $17,085.50. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None ACCEPTANCE OF FINAL MAP - Churn Creek Meadows Subdivision, Unit Nos. 2 and 3 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Final Map, Churn Creek Meadows Subdivision, Unit No. 3, be accepted, and instructing the City Clerk to file said map with the Shasta County Recorder. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting installation of all improvements within Churn Creek Meadows Subdivision, Unit Nos. 2 and 3, for maintenance and operation. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-22 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Huntington Drive and Filaree Drive within Churn Creek Meadows Subdivision, Units No. 2 and No. 3. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-22 is on file in the office of the City Clerk. ORDINANCE - Planned Development Application PD-1-78, Tanglewood Village Associates Councilwoman Gard offered Ordinance No. 1429 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (PD-1-78) ORDINANCE - Planned Development Application PD-2-78, Mt. Lassen Development Corporation Councilwoman Gard offered Ordinance No. 1430 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property 14,114 in the City of Redding. (PD-2-78) AIR TEC REFRIGERATION - Petition Councilman Pugh abstained from discussion on this item At its January 2, 1979 meeting, Council deferred action on the petition from adjacent property owners regarding the Air Tec Refrigeration operation at 2122 Amelia Court to allow staff time to compile the complex history of the usage of said parcel which dates back prior to 1939. In a memorandum to Council dated January 11, 1979, City Attorney Murphy outlined the background, as researched by staff, which memorandum is made a part of these minutes by reference. Council received a letter from Mr. John G. Fitzgerald, 2010 Amelia Court, dated January 15, 1979, outlining objections to the commercial usage. An affidavit, dated January 12, 1979, was received from the owner of the property, Carl Williams, stating that under penalty of perjury, he swears that his building located on Amelia Court has been continuously occupied for commercial purposes since the building was purchased in 1940. Said documents are on file in the office of the City Clerk. f ' 26 City Attorney Murphy said that the issues appear to be whether there has been a break in commercial usage of this building for a continuous period of six months since enactment of the 1959 Municipal Code, and whether there has been an intensification of the former level of commercial usage. He said that it is possible that subsequent to Knight Home Furnishings using the structure for storage purposes for approximately five years after 1962, and prior to Air Tec moving into the structure in January of 1977, there may have been a break in commercial usage; however, the Planning Department staff is unable to develop any hard evidence substantiating such a break. Mr. Murphy said he doesn't feel he can challenge the issue in court in view of the absence of proof of a break in commercial usage and in view of the seriousness of the affidavit from Mr. Williams. Councilwoman Gard said she has visited the site on various occasions and is extremely concerned with the semi-trailers coming and going on this narrow street. City Attorney Murphy said that the present tenant of the premises, Mr. O.J. Williams of Air Tec Refrigeration, stated that there would be no more usage of this type of truck. John Fitzgerald, 2010 Amelia Court, spokesman for property owners opposing this commercial use, assured Council that the problem of the freight trucks is real although the refrigeration business in nominal in the winter time. He said he has traffic counts taken last summer which indicate that there were as many as 25 vehicles per day in and out of Amelia Court generated from the Air Tec business. Mr. Fitzgerald said that the use of large freight trucks coupled with the narrowness of Amelia Court creates a dreadful hazard to the children and autos in the area. He commented that junk and trash periodically appear; is cleaned up, and then reappears again. He stated that this is an ongoing problem. Mr. Fitzgerald feels there was a break in the commercial use of the building some time between its occu- pancy by Knight Home Furnishings and early in 1977 when Air Tec moved in. City Attorney Murphy said that perhaps a restraining order can be issued during the summer months when there appears to be an intensification of use. Councilman Kirkpatrick asked if the City' s business license records would indicate the usage during that period between 1962 and 1977 when usage is uncertain. City Attorney Murphy replied that the City has no way of being absolutely certain that all businesses have been licensed. Charlie Myers, 2015 Amelia Court, said that traffic is a definite problem and he feels we are dealing with this matter the wrong time of the year. With the concurrence of Council Members, Mayor Demsher directed that this matter be held over to allow for further investigation by the City Attorney. ORAL COMMUNICATIONS California Teachers Association Roy A. Johnson, 3069 Rancho Road, Co-ordinator for "Tell Your Legislator Day", sponsored by the California Teachers Association/National Education \J Association, appeared before Council and invited its participation in the "Tell Your Legislator Day" Rally to be held at Nova High School on February 1, 1979. Its purpose is to apprise the State Legislature that the schools desire long-range funding rather than year-to-year "bailouts." Simul- taneous rallies will be held throughout the State. Vi Klaseen - Landfill Mrs. Klaseen stated that in reference to the petition protesting the proposed location of the landfill considered earlier this evening, it appears that the opponents have lost sight of the full picture of the basic problem, which \� is to reduce the volume of disposable materials we have. She said it appears .. _ . . _ .. _ 27 to be too expensive to recycle salvagable materials, but perhaps house- holds should be required to separate bottles from other materials which would be an education process making all of us more conscious of the waste we actually have. She feels the whole issue needs to be approached with "new eyes" and a creative solution needs to be found to reduce the amount of disposables we have. She pointed out that there isn't anyone in the County that desires to have the landfill adjacent to their property. She added that the news media could be helpful in this education process. Mayor Demsher concurred that there aren't many people who will select the landfill as their neighbor. Councilman Kirkpatrick said he had attended two meetings last week in which similar items were discussed and considered. REQUEST FOR EXECUTIVE SESSION At the hour of 9:10 p.m. , Mayor Demsher declared an executive session re pending litigation. At the hour of 9:25 p.m. , the meeting was reconvened. /6,G MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick author- izing the City Attorney to settle the U.V. Industries easement acquisition in the amount of $672. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses Lord Byron Pizza, 900 Dana Drive, Mt. Shasta Mall Bogey's, 1748 Market Street Documents re PUC Air Pacific, Inc. Application for Certificate of Public Convenience (2) 3/ c) PG&E Application for electric and gas service rate increase Shasta-Cascade Wonderland Association Publicity ADJOURNMENT There being no further business, at the hour of 9:27 p.m. , Mayor Demsher declared the meeting adjourned. APPROVED: lb 0 ATTEST: Mayor 2741, jl City Clerk