Loading...
HomeMy WebLinkAboutMinutes - City Council - 1979-03-05 61 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California March 5, 1979 7:00 P.M. The Pledge of Allegiance to the Flag was led by Electric Director Simpson. The invocation was offered by Mr. Bruce Wren, Outreach Director of Calvary Baptist Church. 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, Public Works Director Arness, Planning and Community Development Director Harris, Director of Electric Simpson, Director of Personnel and Labor Relations Reynolds, Public Works Superintendent Galusha, Deputy Plan- ning Director Perry, Housing and Rehabilitation Administrator Henson, Traffic Engineer Hamilton, 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 adjourned regular meetings of February 9 and 15, 1979, and the regular meeting of February 20, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS March of Dimes - 8th Annual Walkathon City Clerk Brayton reviewed the communication dated February 26, 1979, from the March of Dimes requesting approval of the proposed route for its 8th Annual Walkathon to be held April 21 from 8:00 a.m. until 5:00 p.m. The proposed Walkathon will begin at Caldwell Park, proceed up Sulphur Creek Hill onto Lake Boulevard to Shasta Dam Boulevard, and return the same route. Mrs. Brayton noted that the Highway Patrol is aware of this activity and will provide patrol cars for Lake Boulevard. Councilwoman Gard asked if the Parks and Recreation Department has been apprised of this activity in the event it may be in conflict with something previously scheduled, and whether any portion of the roadway will be blocked. Public Works Director Arness noted that this route is much better and safer than the route used last year. He advised Council that he would check whether or not any portion of the roadway will be barricaded. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the request of the March of Dimes to hold its 8th Annual Walkathon on April 21 on the proposed route, with the conditions that the Parks and Recreation Department be apprised of the date in order to determine if it conflicts with anything previously scheduled in the City, and should any portion of the roadway in Caldwell Park be barricaded, that the Museum be notified. The Vote: Unanimous Ayes Redding Redevelopment Agency - Annual Report covering July 1, 1977 through June 30, 1978 In a memo to Council dated February 28, 1979, Housing and Redevelopment Administrator Henson stated that the California Health and Safety Code requires each redevelopment agency to present an annual report to its / legislative body and the State Department of Housing and Community AC 'S Development on or before March 1, 1979. The Annual Report, prepared and adopted by the Redding Redevelopment Agency, was submitted to Council Members. Said report covers the period of July 1, 1977 through June 30, 1978. 62 Councilwoman Gard questioned the basis for the property tax increment figure as shown in the financial report. Mr. Henson advised that this figure comes from the property tax base as of the year 1969. Collin Hammans - Alternate Jail Site and Design Concept Councilman Pugh abstained from discussion on this item. In a communication to Council dated February 28, 1979, Collin Hammans requested permission to verbally present his alternate site for the proposed jail along with his concept for design. City Clerk Brayton noted that Mr. Hammans has submitted his design concept and site plan, in writing, and, therefore, will not make a verbal presentation to Council. It was noted that Mr. Hammans is in the audience. Mayor Demsher expressed appreciation for the concern shown by Mr. Hammans. He noted that Council has already presented its statement to the Board of Supervisors, the lead agency, spelling out what it will support, and feels that any additional considerations should be submitted directly to the Board. Council does not desire to preempt the Board nor entertain anything beyond what it has already communicated in its official statement. Other Council Members concurred. Councilman Kirkpatrick said he appreciated receiving Mr. Hammans' suggestion. Mayor Demsher said perhaps it would be in order for he and Councilman Kirkpatrick to review the concept and advise Mr. Hammans of their views with respect to the proposal. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 17, check nos. 62000 to 62251, inclusive, in the amount of $1,507,577.31, be approved and paid, and that Payroll Register No. 17, check nos. 110908 to 111399, inclusive, salaries in the amount of $273,577.23 for the period February 4, 1979 through February 17, 1979, be approved. Total $1,781,154.54. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None CLAIMS FOR DAMAGE - 1st hearing W. A. Shattuck - Claim filed 2/14/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by W. A. Shattuck on February 14, 1979, �� be denied, based on the recommendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unanimous Ayes Mrs. Eugene R. Leach - Claim filed 2/22/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Mrs. Eugene R. Leach on February 22, 1979 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 April 2, 1979. The Vote: Unanimous Ayes Wayne M. Collins, Attorney, on behalf of Jane Brown - Claim filed 2/23/79 � MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that ,Z: the Claim for Damage filed by Wayne M. Collins, on behalf of Jane Brown '" on February 23, 1979, be referred to the City Attorney and the City �_;J;,yi+prr,M.,y}.cLr w.tliwM+.+'v,...--v..^v,.+-- +�..��—r-.r r..-•---'.-. .�--r—.. --.. v.+ - .. -+...--.- ..---.- -�.... _. 63 Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of April 2, 1979. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Barr and Minoletti, Attorneys, on behalf of Herbert Herman Zastrow, III, - Claim filed 1/15/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Personal Injury and Damages filed on January 15, 1979, be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Mr. and Mrs. Douglas D. Moore - Claim filed 2/13/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by Mr. and Mrs. Douglas D. Moore on February 13, 1979 be approved in the amount of $75.55, based on the recommendation of the City Insurance Committee. ORDINANCE - Construction Taxes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that full reading of Ordinance No. 1432 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that L•Cyfr' Ordinance No. 1432 be adopted, an ordinance of the City Council of the �� City of Redding amending Chapter 16.42 of the Redding Municipal Code by repealing Sections 16.42.020 and 16.42.060, and substituting therefor new Sections 16.42.020, 16.42.060, and 16.42.080, pertaining to construction taxes. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1432 is on file in the office of the City Clerk. ORDINANCE - Park Funds MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that full reading of Ordinance No. 1433 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1433 be adopted, an ordinance of the City Council of F,L) the City of Redding amending Chapter 16.05 of the Redding Municipal Code pertaining to park funds. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1433 is on file in the office of the City Clerk. RESOLUTION - Stop Sign on Ward Lane at Lake Boulevard MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-44 be adopted, a resolution of the City Council of the City of Redding amending the "Traffic Control Map" by establishing a "Stop" Sign on Ward Lane at Lake Boulevard. l/ r Voting was as follows: 3 � Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-44 is on file in the office of the City Clerk. 64 II RESOLUTION - Relocating Stop Sign at Industrial Street and Larkspur Lane MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-45 be adopted, a resolution of the City Council of the City of Redding amending the "Traffic Control Map" by relocating the "Stop" Sign at the intersection of Industrial Street and Larkspur Lane. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-45 is on file in the office of the City Clerk. ENTERPRISE ANNEXATION NO. 79-2 - Pulcini and Gray Councilman Pugh abstained from discussion and voting on this item. Planning and Community Development Director Harris reviewed his memorandum to Council dated March 1, 1979. Mr. Harris submitted copies of letters received from Richard J. Pulcini dated February 23, 1979, and Gary Finley dated February 27, 1979 requesting annexation of approximately 50.9 acres located east of Churn Creek Road and north of Old Alturas Road. The area �lU was shown on the Vu Graph. Mr. Harris noted that in view of the requests, staff contacted the three property owners of adjoining properties to the east to determine if they desired to be included in the annexation. He noted that, based on the conversation with Myrle Lema, it appears they wish to be included in the annexation. It is the staff recommendation that Council approve commencement of annexation proceedings, as requested, in- cluding the four parcels to the south and north of Mr. Finley's property, and authorize staff to prepare the necessary application. Councilwoman Gard asked if the proposed annexation is located in the Bella Vista Water District. Mr. Harris replied in the negative. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the staff recommendation as hereinbefore stated. The Vote: Unanimous Ayes with Councilman Pugh abstaining INDIAN HILLS SUBDIVISION - Tentative Subdivision Map Councilwoman Gard abstained from discussion and voting on this item. Planning and Community Development Director Harris reviewed his memorandum to Council dated March 1, 1979, stating that at its regular meeting of February 13, 1979, the Planning Commission granted a one-year extension to approval of the tentative map of Indian Hills Subdivision, Unit No. 2. The area was shown on the Vu Graph. The conditions of approval were submitted to Council Members. Mr. Harris noted that since the last extension, the City has obtained noise projections for Benton Airpark which indicate that the 65dBA Community Noise Equivalent Level contour overlays the extreme north end of the subdivision as depicted on the tentative map. Based on this new infor- mation, the Planning Commission added two new conditions: 1. The developer is to reserve Lots 27 and 28 as shown on the tentative map for acquisition by the City of Redding, pursuant to the dedication and reservation provision of the Subdivision Map Act. 2. At the time the final map is recorded for any portion of the subdivision, the subdivider is to grant an air-and-noise easement to the City. Mr. Harris said that it is the recommendation of staff that Council confirm the action of the Commission with respect to the acquisition of Lots 27 and 28 and authorize the City Manager to enter into any necessary agreements for that purpose. 65 { MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the staff recommendation as hereinbefore stated. The Vote: Unanimous Ayes with Councilwoman Gard abstaining. NORTHSIDE SUBSTATION - EIR-12-78 Planning and Community Development Director.Harris reviewed his memorandum to Council dated March 1, 1979 and submitted copies of EIR-12-78, pertaining to the Northside Substation, to Council Members for review. Mr. Harris said that at the conclusion of the public hearing on February 27, 1979, the Plan- ning Commission unanimously certified EIR-12-78 as adequate. He noted that ,2 r � this is an information item and that at the time Council approves the project, it will be necessary to make the necessary findings as required by the California Environmental Quality Act. Council took no formal action on this item. REHABILITATION LOAN POLICY - Amendment No. 7 Housing and Redevelopment Administrator Henson reviewed his memorandum to Council dated March 1, 1979, stating that in implementing the City's housing rehabilitation loan program, some older homes require a substantial amount of work and it is necessary to relocate the family while the house is being rehabilitated. He noted that the State has mandated that assistance which is wholly or partially financed by public funds be provided for temporary relocation of such families. Mr. Henson,pointed out that the proposed amendment provides payment of costs for moving, storage, deposits, and rent for such temporary replacement housing. He said that all temporary relocation payments will be subject to loan committee approval. It is the staff recommendation that the prepared resolution approving this amendment be adopted. / MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-46 be adopted, a resolution of the City Council of the City of Redding approving amendments to the Rehabilitation Loan Policy adopted by City Council Resolution No. 75-86. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-46 is on file in the office of the City Clerk. PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning Reports for March, 1979. Mr. Arness was asked if the status of the Twin View Treatment Plant was critical because of the time delay in construction of the lift station. He stated that it is a fine line and that his department is monitoring it closely. Councilwoman Gard questioned the weed abatement in the ditches scheduled /L) for March and April. She was assured that the chemical spray would not be a problem because there would not be any water flow involved. In reply to a question from Mrs. Gard as to the necessity of having an 111 Airport Wastewater Plan, Mr. Arness said that it will be included in the proposed 1979-80 budget. AWARD OF BID - Construction of Improvements on Hilltop Drive and Dana Drive MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Council makes the following findings regarding Public Works Project No. 9955 (Bid Schedule No. 1078) by the City of Redding, proposing to widen the pavement �� 4 section and construct 300 lineal feet of curb, gutter, and sidewalk and related drainage facilities on the west side of Hilltop Drive north of Dana Drive: 66 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 Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the Public Works Department that Bid Schedule No. 1078, Construction of Improvements on Hilltop Drive and Dana Drive, be awarded to Hayward Construction of Redding on their low bid in the amount of $31,462.25. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Electrical Service to Portable T-Hangars MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Public Works Department that Bid Schedule No. 1081, Installation of Electrical Service to Six Portable T-Hangars at Redding Munici- c.;^� pal Airport, be awarded to Systems Automation Electrical Contracting, Controls, and Design of Palo Cedro on their low bid in the amount of $5,000. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Construction of Storm Drain Channel, Railroad Avenue to West Street MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard accepting the construction of Storm Drain Channel, Railroad Avenue to West Street, Bid Schedule No. 1044, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Wire Storage Area at Enterprise Storage Yard MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting the construction of the wire storage area at Enterprise Storage Yard, \I- Bid Schedule No. 1063, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes OLNEY CREEK At its February 5, 1979 meeting, Council Members agreed to go on a field trip to study Olney Creek regarding a proposed solution for development on Olney Creek. Said field trip was conducted on February 14, 1979. Public Works Director Arness reviewed his memorandum to Council dated March 1, 1979 summarizing areas that were covered in the field trip and presenting alternative methods of handling storm water flows on Olney Creek for Council consideration. Said memo is hereby made a part of these minutes by reference. t)-P Copies have been sent to the City Planning Commission, the Anderson Cottonwood Irrigation District, the Department of Fish and Game, and Mr. Allen of Allen's Golf Course. Councilwoman Gard questioned whether an EIR must be prepared on Olney Creek. Planning and Community Development Director Harris advised Council that Olney Creek is included in the EIR for the Cascade, area. He pointed out that if there is any supplement or change in the plan for Olney Creek, it should be added to the EIR and the EIR recertified. Council will not take any action on this matter pending receipt of a report from the Planning Commission and any information that might be forthcoming from other agencies with respect to this project on an overall basis. 67 PUBLIC HEARING - Rezoning Application RZ-12-78, by Edwin Lanning The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application RZ-12-78, by Edwin Lanning. 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 March 1, 1979 The City Clerk advised that no written protests had been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris advised Council that /),�/ at its regular meeting of February 13, 1979, the Planning Commission unanimously recommended the rezoning of property located at 1500 to 1530 Lake Boulevard from "C-1-F" Neighborhood Commercial District to "R3-25-F" Multiple Family Residential District. The area was depicted on the Vu Graph. The Redding General Plan classifies the property as "Medium Density Residential", 3.5 units per acre. It is the opinion of both the Planning Commission and staff that multiple family zoning is appropriate for the property and would be more consistent with the General Plan than the present zoning. It is the recommendation of both the Commission and the staff that the property be rezoned "R3-25-F", with the site-plan review to stipulate the following: 1. Each parcel shall be limited to one driveway on Lake Boulevard; 2. Twenty percent of each parcel is to be landscaped with plant materials. It is the staff recommendation that the negative declaration be ratified, the rezoning be approved as recommended, and that the prepared ordinance be offered for first reading. 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 Council makes the following findings regarding Rezoning Application RZ-12-78, by Edwin Lanning, requesting rezoning of property located at 1500 to 1530 Lake Boulevard from "C-1-F" Neighborhood Commercial District to "R3-25-F" Multiple Family Residential District: 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 Councilwoman Gard approving the recommendation of the Planning Commission and staff re Rezoning Application RZ-12-78 by Edwin Lanning. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1434 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-12-78) PUBLIC HEARING - Appeal of Lot Split Application LS-96-78, by Arthur White The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the appeal of the Planning Commission decision re Lot Split /U � 4 LS-96-78, by Arthur White. raw- yrio�T., ,,,y-!^-�•f^nys .✓ .rw.. ... ,. 68 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 March 1, 1979 The City Clerk advised that no written protests had been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris reviewed his memo to Council dated March 1, 1979 re appeal of Lot Split Application LS-96-78 by Arthur White on property located on the west side of Bechelli Lane at its intersection with Hartnell Avenue. The area was shown on the Vu Graph illustrating the extension of Hartnell west from Bechelli Lane to its intersection with Cypress Street. Mr. Harris said that the Lot Split was approved by the Board of Adminis- trative Review on November 28, 1978 subject to ten conditions. Condition No. 6 was appealed to the Planning Commission by the applicant's attorney and subsequent to the Planning Commission denial of the appeal, Conditions 4, 6, and 10 were appealed to Council. Mr. Harris noted that Conditions 4 and 10 were not appealed to the Planning Commission, therefore, techni- cally they cannot be considered an issue. Mr. Harris stated that since the Planning Commission hearing, the staff met with the applicant's attorney. As a result of the meeting, it is the recommendation of staff that Condition No. 6 be modified which would, in essence, still require the dedication of 30 ft. of right of way for the extension of Hartnell Avenue along the southern line of the property. However, the City would construct the first 60 feet of roadway west of Bechelli Lane and the property owner would improve the remaining 54 ft. of the dedicated area with curb, gutter, and sidewalk; one driving lane; and one parking lane as per the requirements of the Public Works Department. This is a modification of the language in the staff report to Council referred to above. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh amending the Planning Commission action pertaining to Condition No. 6 as herein- before recommended by staff. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Lot Split Application LS-96-78 by Arthur R. White, requesting permission to divide property located at 2988 Bechelli Lane: 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; 5. Project is compatible with the "U" zoning district requirements, and, ratifies the Negative Declaration approved by the Board of Adminis- trative Review on November 21, 1978. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard denying the afore-discussed appeal, as recommended by staff. The Vote: Unani- mous Ayes PUBLIC HEARING - Reassessment of Assessment No. 1, St. Nicholas, Ward, Mira Vista Street Assessment District No. 1977-3 The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Reassessment of Assessment No. 1, St. Nicholas, Ward, Mira Vista Street Assessment District No. 1977-3. - 69 • The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing St. Nicholas, Ward, Mira Vista Street Assessment District Assessment Split for Parcel No. 1 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. 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 Councilwoman Gard that Resolution No. 79-47 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 1 in St. Nicholas, Ward, Mira Vista Street Assessment District No. 1977-3. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-47 is on file in the office of the City Clerk. RESOLUTION - North Bonnyview Sewer Assessment District MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-48 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 78-142 by rescinding the declaration of public convenience and necessity as it pertains to certain parcels which are no longer required for the North Bonnyview Sewer Assessment District. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-48 is on file in the office of the City Clerk. ORDINANCE - Contract between City and P.E.R.S. Councilman Pugh offered Ordinance No. 1435 for first reading, an ordinance of the City Council of the City of Redding authorizing an amendment to the 3 contract between the City Council of the City of Redding and the Board of Administration of the California Public Employees Retirement System. ORDINANCE - Park Facilities Councilman Kirkpatrick offered Ordinance No. 1436 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 2.56 of the Redding Municipal Code by adding thereto Section 2.56.120, pertaining c-).S A to use of park facilities. ORAL REPORT - Air Tec Refrigeration Councilman Pugh abstained from discussion of this item. A petition from property owners opposing the operation of Air Tec Refrigeration at 2122 Amelia Court instigated investigation into the legality of this usage. City Attorney Murphy reported that the evidence received to date does not substantiate proof of a break in commercial usage of this building for a continuous period of six months and that in order to prosecute, he must have Ni such substantiation beyond a shadow of a doubt. Pertaining to the intensi- fication of the former level of commercial usage, Mr. Murphy suggested that )L it might be well to follow Councilwoman Gard's suggestion to suspend investi- gation until summer when the business becomes more active. He pointed out that at that time, traffic counts could be taken and if it is determined that traffic is substantial, it would be an intensification of a non-conforming use and proper action could be taken. 70 John Fitzgerald, 2010 Amelia Court, asked if the interested property owners could have access to information submitted to the City Attorney by Carl Williams. City Attorney Murphy said he would supply said information. Mr. Fitzgerald noted that the posted 4-ton load limit was violated this morning by Peters Truck Lines. Councilman Kirkpatrick suggested that Peters Truck Lines be notified of the load limit on Amelia Court. Mayor Demsher agreed that this was a good idea and requested that Air Tec Refrigeration be asked to notify its suppliers of the posted weight limitation. City Attorney Murphy consented to send such letters. Council will reconsider this matter again later this year at an appropriate time. AGREEMENT - Underground Electric Facilities in Lake Boulevard Subdivision, Unit No. 3 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving 0�� the agreement between the City of Redding and Brent Owen re installation of underground electric facilities in Lake Boulevard Subdivision, Unit No. 3, and authorizing the Mayor to sign this agreement on behalf of the City. The Vote: Unanimous Ayes RESOLUTION - Oak Ridge Heights Subdivision, Unit No. 2 Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-49 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of an electrical easement in Oak Ridge Heights Subdivision, Unit No. 2 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 79-49 is on file in the office of the City Clerk. AGREEMENT - California Safety Company MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the agreement between the City of Redding and California Safety Company for '2)Th burglar and fire alarm systems in City buildings, and authorizing the Mayor to sign this agreement on behalf of the City. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Re Acquisition of Parcel for Northside Substation City Attorney Murphy requested Council set a public hearing for 7:30 P.M. , Monday, April 2, 1979, to hear objections, if any, to the adoption of a ,0 Resolution of Public Convenience and Necessity for the acquisition of fee �� title to Parcel No. 106-110-14 and No. 106-110-17, owned by Echo Moran, lON required for the Northside substation. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes EXECUTIVE SESSION City Attorney Murphy requested an Executive Session to discuss pending liti- gation. At the hour of 7:55 P.M. , the Mayor declared an Executive Session to discuss pending litigation. 71 At the hour of 8:10 P.M. , the meeting was reconvened. r MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard 'L cIfa authorizing the City Attorney to contribute $200 to the defense of the City of Arcadia in the Los Angeles County Superior Court Case #C266978, 2 S Paul Gann and the People's Advocate vs. City of Arcadia. The Vote: Unanimous Ayes I ROUTINE COMMUNICATIONS County of Shasta Resolution re relinquishment of South Bonnyview Road Documents re CAB Notice of Hughes Airwest to suspend service 1I7 C_ Notice of Hughes Airwest to suspend service to Chico 1 D Documents re PUC Notice of withdrawal of Golden Eagle Airline Protest re =311 Air Pacific applications (2) Notice of withdrawal of Westair Commuter Airlines Protest re Air Pacific application Shasta-Cascade Wonderland Association Publicity ' S I Application for Alcoholic Beverage License 1 9 Bonanza Restaurant and Bar ADJOURNMENT There being no further business, at the hour of 8:15 P.M. , Mayor Demsher declared the meeting adjourned. APPROVED: E2.0 ATTEST: Mayor I iiLredL. BrotC l 1