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HomeMy WebLinkAboutMinutes - City Council - 1979-05-07 107 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California May 7, 1979 7:00 P.M. The Pledge of Allegiance to the Flag was led by Airports Manager McCall. The invocation was offered by Superintendent Don Palmer of the Good News Rescue Mission. 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 Public Works Arness, Director of Planning and Community Development Harris, Electric Superintendent Mix, Director of Parks and Recreation Riley, Deputy Planning Director Perry, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Airports Manager McCall, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the minutes of the regular meeting of April 16, 1979 as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Redding Breakfast Lions Club In a communication to Council dated April 19, 1979, the Redding Breakfast Lions Club requested permission to sell beer at the Shasta County Sheriff's Posse Rodeo to be held on May 18 and 19, 1979. This request has the approval of the Chief of Police. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the request of the Redding Breakfast Lions Club to sell beer at the Shasta County Sheriff's Posse Rodeo on May 18 and 19, 1979. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Gard and Pugh Nash Construction Company In a communication to Council dated April 29, 1979, Jerry Nash of Nash Construction Company stated that they were required to construct a storm drain pond to handle the storm water from the Churn Creek Meadows Subdivision. This work was completed while the subdivision was in the County; however, the City Public Works Department reviewed the improvement plans. The drain pond and street right of way were offered for dedication, and while the streets were accepted, the pond remains in private ownership. Mr. Nash said he has discussed / this matter with representatives of both the City and County without positive results. In reply to an inquiry from Councilwoman Gard as to who required the construction of the pond, she was advised that it was a County require- ment. 108 Mrs. Gard asked if an agreement had been prepared. Councilman Kirkpatrick replied that a special drainage district has been formed, but he wasn't certain whether there was a tax base to support it. City Manager Brickwood advised that the Public Works Director is pursuing this matter with the County and will have a report by the next Council meeting. Council deferred action until its next meeting. Buckeye School District In communications to Council dated April 24 and May 7, 1979, the Buckeye School District apprised Council that pursuant to require- ments of Division I, Title 7 of the Government Code, commencing with Section 65970, the Buckeye Board of Trustees is submitting evidence of conditions of over crowding at the Buckeye and Rocky Point Schools. The District advised that all reasonable methods lJ of mitigating over-crowded conditions have been evaluated, and a G-\• feasible method of reducing such conditions has not been determined. \c') The Board of Trustees requests that Council enact Section 65972 of the Government Code relating to non approval of rezoning requests, discretionary permits for residential use and tentative subdivision maps for the portion of the City within the Buckeye School District until such time as Council has enacted an ordinance requiring the payment of fees for classrooms and related facilities as a condition of residential development. City Attorney Murphy briefly reviewed the referenced Government Code sections and concurs with the interpretation. He noted that if Council wishes to continue permitting residential development in this district, it will be necessary to adopt an ordinance similar to the one adopted by the County for the Happy Valley School District. Mr. Murphy advised that additionally there is a judicial problem in that Judge Small ruled the ordinance adopted by the County void because of the provisions of Proposition 13. Presumably, if the City adopts a similar ordinance and it is challenged, the City could be faced with the same ruling. It was pointed out that the County is appealing the decision by Judge Small. Robert Hufford, Superintendent of the Buckeye School District, said that of the 13,000 acres of land in the district, 11,000 acres are within the City boundary. He said that City consideration is of great importance to the District. City Attorney Murphy recommended that Council work with the County on this request. Mr. Murphy noted that the State Code does not specify a particular timeline or procedure nor does it require public notice or public hearing prior to adoption of such an ordinance. He said that prior to presentation of his recommendation at the next Council meeting, the request will be submitted to the Planning Commission for consider- ation. He pointed out that after the school district makes the find- ings, it is imperative that Council move promptly. Council referred this matter to the City Attorney and the Planning Commission for recommendation and report by the next Council meeting. Greater Redding Chamber of Commerce In a communication to Council dated April 12, 1979, the Greater Redding \\\ Chamber of Commerce requests Council review of the present City height requirements in the Core Commercial area of the City. The Board of 109 Directors is concerned that the present height requirements may not be realistic considering the continued growth in the City, the increase in the amount of urban sprawl, and the rapidly sky rocketing cost of energy. Because of the changes in the aforementioned factors since the present height limits were established, a complete review of the requirements is requested. Councilwoman Gard noted that tremendous potential still remains for using the present 50 ft. height limit within the City. She pointed out that if an increase in height limits is considered, then increased density, parking requirements and traffic problems must also be addressed simultaneously. Mayor Demsher concurred. City Attorney Murphy said he recalls only three commercial requests for variance from the present height limitation. With the concurrence of other Council Members, Mayor Demsher referred this matter to staff for recommendation. 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 Chestnut Street Assessment District No. 1979-1. Engineer's Report Resolution - Accepting Report and Setting Hearing of Protests MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-63 be adopted, a resolution accepting report and setting hearing of protests, Chestnut Street Assessment District No. S 6 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. 79-63 is on file in the office of the City Clerk. Notice of Improvement Resolution - Calling for Construction Bids MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-64 be adopted, a resolution calling for construction bids, 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. 79-64 is on file in the office of the City Clerk. Notice Inviting Sealed Bids Mr. Sperry advised Council that the In Rem Validation proceeding which presents each project individually to the Superior Court for validation procedure in light of Proposition 13 is before the 5th District Appellate Court. He advised that this matter has been accepted and set for oral argument on June 13, 1979. Mr. Sperry also advised that the In Rem Validation suit and hearing on Redbanks Subdivision Assessment District No. 1977-5 was held on 110 May 3, 1979. He said it is presently under submission to Judge Small. He noted that a similar validation suit may be in order on the Chestnut Street Assessment District. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 21, check nos. 62909 to 63290, inclusive, in the amount of $2,250,077.77 be approved and paid, and that Payroll Register No. 21, check nos. 112897 to 113405, inclusive, salaries in the amount of $270,756.56 for the period April 1, 1979 through April 14, 1979, \,J and Payroll Register No. 22, check nos. 113406 to 113898, inclusive, salaries in the amount of $273,920.66 for the period April 15, 1979 through April 28, 1979 be approved. Total $2,794,754.99 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None TREASURER'S REPORT 0'\u-\ Councilman Pugh submitted the Treasurer's Report as of March 31, 1979 which showed the Treasurer's Accountability to be $14,554,416.49. CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Carol L. deMoll - Claim filed 4/30/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Carol L. deMoll on April 30, 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 June 4, 1979. The Vote: Unanimous Ayes Roland Martin - Claim filed 4/13/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Personal Injury filed by Roland Martin on April 13, 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 June 4, 1979. The Vote: Unanimous Ayes CLAIM FOR DAMAGE - 2nd hearing Barnett Supply Co. - Claim filed 3/27/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick � that the Claim for Damage filed by Barnett Supply Company on March 27, 1979 be denied, and that the claimant be so advised. The Vote: Unani- mous Ayes SETTT,FMENT OF CLAIM FOR DAMAGE - By Insurance Carrier City Attorney Murphy advised Council that the Claim of California State J Automobile Association on behalf of Theresa Pena has been settled in the amount of $397. 57. SUMMONS AND COMPLAINT City Attorney Murphy advised Council that the City has been served with the following Summons and Complaint: Herbert Zastrow, III vs. City of Redding \ ' This matter has been referred to the City Insurance Carrier. COMPLAINT IN INTERVENTION t)--) City Attorney Murphy advised Council that Judge Small granted the plaintiff C / a motion to intervene and set aside our dismissal pertaining to the Claim of Ramsey et al (Wayne Pullen) vs. the City of Redding. 111 ORDINANCE - Drinking in Public Areas MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1445 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 // 1 Ordinance No. 1445 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.38 of the Redding Municipal Code by adding thereto Section 6.38.061, pertaining to penalties for violation of Section 6.38.060. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1445 is on file in the office of the City Clerk. RESOLUTION - Prohibiting Parking on Portions of Churn Creek MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-65 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on the west side of Churn Creek Road between Hartnell Avenue and Bond Street and on the east side of Churn Creek Road from Hartnell Avenue southerly for a distance of // 340 feet. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-65 is on file in the office of the City Clerk. LEAGUE OF CALIFORNIA CITIES LEGISLATIVE CONFERENCE - May 21-23, 1979 Councilwoman Gard said that as an officer of the League, she would like permission to attend the Legislative Conference sponsored by the League of California Cities in Sacramento on May 21-23, 1979. She noted that the legislators have been alerted that there will be many city officials in town and the League is encouraging all cities in the Division to spend i 7,S_ time with their legislators. Mrs. Gard asked her fellow Council Members /76.) for names of city officials from other cities who would be good contacts for her. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the request of Councilwoman Gard to attend the Legislative Conference sponsored by the League of California Cities May 21-23, 1979 at the Sacramento Convention Center. The Vote: Unanimous Ayes with Councilwoman Gard abstaining. ECONOMIC DEVELOPMENT ADMINISTRATION MULTI-COUNTY DISTRICT PROGRAM In a memo to Council dated May 1, 1979, pertaining to the Economic Development Administration Multi-County District program, the Council Committee comprised of Councilmen Kirkpatrick and Pugh advised that the proposal has been reviewed and the Committee concurs that it is to the City's best advantage to partici- pate in the new District. It has been suggested that in addition to the Dy/7 ' governing board, a technical committee composed of staff from participating agencies be appointed to advise the governing board and to work with the district staff in the development of the overall economic development program. It is the Committee recommendation that Council authorize the City's partici- pation in the program and ratify the appointment of Mayor Demsher as the City's representative on the governing board. By agreement with the City of Anderson, Mayor Demsher will also serve as its representative. Mayor Demsher said that he has met with the Governing Board and that bylaws had been developed and approved. He said it appears that the program will 112 include an expanded district including four counties which will make the overall impact more effective. He pointed out that some of the population problems in Redding may be relieved as development takes place in other counties. He noted that the local Shasta County Economic Development Administration will continue to operate; however, the City's costs will be significantly reduced. Mr. Demsher said that each County will probably develop its own Economic Development Administration in addition to this newly combined District. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick author- izing the City's participation in the Economic Development Administration Multi-County District Program and ratifying the appointment of Mayor Demsher as the representative of the Cities of Redding and Anderson on its Governing Board. The Vote: Unanimous Ayes SHASTA CASCADE WONDERLAND ASSOCIATION - Recommendation for Promotional Funding City Manager Brickwood reviewed the memo from the Ways and Means Committee to Council dated May 2, 1979. He said the Committee considered two requests for promotion of recreational and tourist travel in the Redding Regional area. It was determined that the promotional package submitted by the Shasta Cascade Wonderland Association would be the most beneficial to the area and recom- , mended expenditure of $10,000 for this purpose. It is the Committee recommendation that the City Attorney be instructed to amend the contract dated September 5, 1978 between the City and the Shasta Cascade Wonderland Association to include provision for an additional $10,000 for the 1978-79 budget year only for increased media advertising of the Redding Regional recreational area. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation and authorizing the City Manager to execute said document on behalf of the City. The Vote: Unanimous Ayes AWARD OF BID - Aluminum Light Standards MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the City Manager that Bid Schedule No. 1092, Aluminum \\)/(1-) Light Standards, be awarded to Consolidated Electric Dist. , in the amount of J $13,610.40, sales tax included. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None NOTE that the two apparent low bidders, Westinghouse Electric Supply (Alternate Bid) and General Electric Supply Company, did not meet specifications. CONTINUED PUBLIC HEARING - Abandonment of Easement in Oak Ridge Heights Sub- division, Unit No. 2 The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing re abandonment of an electrical easement in the Oak Ridge Heights Subdivision, Unit No. 2. \ The following documents are on file in the office of the City Clerk: 4 Affidavit of Publication - Notice of Public Hearing Affidavit of Posting - Notice of Public Hearing The Deputy City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. Public Works Director Arness advised Council that the public hearing is being held to consider abandonment of an overhead electrical easement 113' which is no longer required. He noted that the public hearing was continued from April 2, 1979 to the meeting this evening to allow sufficient time for the electrical structures to be removed. The work has been completed. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 79-66 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a por- tion 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. 79-66 is on file in the office of the City Clerk. PUBLIC HEARING - Appeal of Tentative Map of Hidden Oaks Subdivision The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing re appeal of the Tentative Map of Hidden Oaks Subdivision by David Quinley. 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 May 1, 1979 The Deputy City Clerk advised Council that no written protests had been received. Planning and Community Development Director Harris reviewed his memo to Council dated May 1, 1979, stating that at the conclusion of the public hearing on March 27, 1979, the Planning Commission unanimously granted Tom Osgood permission to create seven lots on property located at 6818 Sacramento Drive. The area was shown on a wall map. Subsequent to the Commission's approval, an adjoining property owner, David Quinley, appealed the decision. Mr. Harris said it is the understanding of his Department that Mr. Quinley is concerned with the location of the new street which would intersect with Sacramento Drive at Corto Drive although the concern was not spelled out in the appeal. Mr. Harris noted that the developer proposes to create seven lots all of which will be in excess of 20,000 square feet. The density conforms with the Cascade Neighborhood Plan and the lots are larger than most in the immediate area. Mr. Harris said that access to the subdivision will be by an extension of Corto Drive to the west. The developer will extend two driving lanes and has left room to preserve four large oak trees. In the future, the 20 foot wide strip of land along the northerly property line will be incorporated into the street. The location of the new street extension is logical as it will serve both the applicant's property and the property to the north. It is the recommendation of staff that Council deny the appeal, ratify the negative declaration, and approve the tentative map subject to the same conditions imposed by the Planning Commission. 114 Mrs. Janet Quinley, 6745 Sacramento Drive, said the reason they are appealing the tentative subdivision map is because of the location of the extension of Corto Street. She pointed out that the proposed street will not line up with the existing Corto Street but will instead exit directly opposite her home. She said her attorney, Marshall Mayer, has checked into this proposal and found that a traffic study has not been performed nor an EIR prepared. She noted that a stop sign has not been proposed for this corner. Her main concern is the traffic and congestion that will be imposed on her property by this street location. She said that seven lots will produce at least 14 vehicles and if they each make two trips daily, at a minimum there will be 28 vehicles going by her front yard each day. She said she is concerned for the well being of her children. Tom Osgood, 6818 Sacramento Drive, the applicant, explained that the tentative map covers six lots and that a lot split of Parcel 4 created the additional lot for a total of seven. He briefly discussed the T-streets in the area, his desire to save the trees in the subdivision, and his goal in attempting to develop this subdivision in an orderly manner. He noted that as presently proposed, with the exception of the parking lane, the street will be developed on the parcel of land where he resides. He said he appreciates Mrs. Quinley's concern; however, feels the location of the proposed street is logical. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes Councilwoman Gard questioned what other possible location there would be for the street. Mr. Harris replied that this appears to be the only logical location for the street. He pointed out that it isn' t a significant problem from a traffic standpoint. Mayor Demsher commented that the street might be safer as drivers will have to slow down to negotiate the jog in the street. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the appeal be denied. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Council makes the following findings regarding Tentative Map S-3-79 for Hidden Oaks Subdivision by Tom Osgood requesting permission to create seven lots on property generally located north and west of 6818 Sacramento Drive: 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 Administrative Review on February 28, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Tentative Map for Hidden Oaks Subdivision be approved subject to the sixteen conditions imposed by the Planning Commission and that at the time of acceptance of the Final Map a stop sign be installed at the intersection of Corto Street and Sacramento Drive. The Vote: Unani- mous Ayes 115 PUBLIC HEARING - Abatement of Property at 4551 East Bonnyview Road The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing pertaining to report and account of cost of abatement of property at 4551 East Bonnyview Road owned by Jerry Morgan. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Posting - Notice of Public Hearing Fire Marshal Report dated April 17, 1979 _�. S. The Deputy 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 Councilman Kirkpatrick that Resolution No. 79-67 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the Morgan property at 4551 East Bonnyview Road. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-67 is on file in the office of the City Clerk. CITY OF REDDING PACKAGE INSURANCE PROGRAM Assistant City Manager Courtney reviewed his memo to Council dated May 1, 1979 which is made a part of these minutes by reference. Mr. Courtney said that it has been a long time since the City has had good news concerning liability and casualty insurance premium costs but because of favorable loss _ experience and some improvement in the attitude of the insurance industry aS pertaining to insuring local government activities, the cost of the insurance coverage under the City of Redding Package Insurance Program has been reduced as follows: Multi-Peril Package Policy decreased from $317,915 for 1978 to $297,155 for the 1979 Policy period Blanket Excess Liability Insurance decreased from $146,830 for 1978 to $85,656 for the 1979 policy period Errors and Omissions and "Difference in Conditions" Coverage decreased from $22,000 in 1978 to $19,350 for the 1979 policy period Mr. Courtney said that at the time the policy extensions and placements were being arranged, a parallel effort was made to determine the feasibility and cost of alternative self insurance schemes. He reported that it has been determined that some short run savings could be effected but that these savings could easily be lost and that the advantages to the City do not outweigh the disadvantages at this time. He said the City will continue to monitor develop- ments in the self insurance field. Mr. Courtney said it is the staff recommendation that the placement of the following insurance coverage be ratified and that the premium billings be authorized for payment: 116 Coverage and Company Policy Period Premium Cost Multi-Peril Package Policy - 4/1/79 - 4/1/80 $ 297,155 Fireman's Fund Blanket Excess Liability 4/1/79 - 4/1/80 $ 85,656 Columbia Casualty Errors and Omissions/ 5/1/79 - 5/1/80 $ 19,350 Difference in Conditions Covenant Mutual MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Assistant City Manager. The Vote: Unanimous Ayes ENTERPRISE ANNEXATION NOS. 78-5, 78-9 and 78-10 As an information item, Planning and Community Development Director Harris reported that at the conclusion of the public hearings on April 30, 1979, the Board of Supervisors approved three island annexations to the City. � The locations of these annexations were shown on a wall map. Mr. Harris advised Council that the annexations become complete upon the filing of the necessary papers by the County and no further action is required of Council. Council took no formal action on this matter. ENTERPRISE ANNEXATION NO. 78-8 Planning and Community Development Director Harris reviewed his memo to Council dated May 1, 1979. He said that at its regular meeting of March 14, 1979, the Local Agency Formation Commission approved the annexation of a 148-acre island to the City. The area generally located west of Starview Estates, north of the Enterprise Sewage Treatment Plant and east of Echo Road, was shown on a wall map. Mr. Harris said the next step in the procedure is to hold a protest hearing as less than 100 per cent of the property owners have signed the petition. It is the recommendation of staff that Council ratify the negative declaration and adopt the prepared resolution setting a protest hearing for June 18, 1979. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Council makes the following findings regarding Enterprise Annexation No. 78-8 by the City of Redding: 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 24, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-68 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annexation to the City of Redding of uninhabited territory described herein and designated "Enterprise Annex No. 78-8" and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-68 is on file in the office of the City Clerk. The Protest Hearing was set for 7:30 P.M. , June 18, 1979. 117 ENTERPRISE ANNEXATION NO. 79-2 Planning and Community Development Director Harris reviewed his memo to Council dated May 1, 1979. He said that at its regular meeting of April 11, 1979, the Local Agency Formation Commission approved Enterprise Annexation No. 79-2 and waived the protest hearing. The area is located east of Churn Creek and north of Old Alturas Road and was shown on a wall map. Mr. Harris noted that the next step in the process is consideration by Council and adoption of a resolution ordering annexation. It is the recommendation of staff that the negative declaration be ratified and the prepared resolution be adopted. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Council makes the following findings re Enterprise Annexation No. 79-2 by the City of Redding: 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 14, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-69 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory designated "Enterprise Annex No. 79-2" to the City of Redding. 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. 79-69 is on file in the office of the City Clerk. LOT LINE ADJUSTMENT LS-32-79 - By William Bystle, Sr. Planning and Community Development Director Harris reviewed his memo to Council dated May 1, 1979. He stated that at its regular meeting of April 18, 1979, the Board of Administrative Review approved the request of William Bystle, Sr. to adjust lot lines of property located at 1218, 1228 and 1238 West Street and 1905 Eureka Way, subject to preparing a parcel map. The area was shown on the wall map. Mr. Harris said that essentially the project will combine six existing parcels, several of which are substandard, into three lots. It is the recommendation of staff that the parcel-map require- /(J )� ment be waived as requested by the applicant. If Council concurs, it is recommended that the prepared resolution be adopted. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 79-70 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-32-79. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-70 is on file in the office of the City Clerk. REDDING MEN'S FASTPITCH SOFTBALL ASSOCIATION - 1979 Tournament Parks and Recreation Director Tom Riley reviewed the memo from the Parks and Recreation Commission dated April 30, 1979 recommending that Council approve the request of the Redding Men's Fastpitch Softball Association to sell beer during its 1979 tournament season to be held at the Redding Softball Park. This request has the approval of the Chief of Police. { 118 Councilwoman Gard objected to the City approving the use of alcohol in the City's parks because of the many problems that are directly related to its use. She said that by authorizing the sale of beer, the City is playing the role of tavern owner and the Softball Association is acting as the bartender. Councilman Pugh said that the tournament will be attended by fathers, mothers and children having a good time and that seldom are there problems. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the request of the Redding Men's Fastpitch Softball Association to sell beer during its 1979 tournament season. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Gard Absent: Council Members - None MT. SHASTA WILDERNESS SKI AREA - Legislation Parks and Recreation Director Riley reviewed the memo from the Parks and Recreation Commission dated April 25, 1979 recommending that Council adopt a resolution confirming its position on the original proposal pertaining to the Mt. Shasta Wilderness Ski Proposal. The Commission also urges support of Senate Bill S813 and House Bill HR3299 providing that the f)" expansion of the Mt. Shasta Wilderness Area proposed by the U. S. Forest Service be modified to exclude approximately 600 acres within the Giddy Giddy Gulch area, in order that a financially viable and safe ski resort may be built by the former ski resort owner and operator. Mayor Demsher noted that he had recently read an extensive article about Mt. Shasta in the Chronicle and objected to the statement that if the Mt. Shasta Ski proposal became a viable project, it would destroy vast acres of red fir on the mountain. City Manager Brickwood suggested that perhaps John Reginato of the Shasta Cascade Wonderland Association could contact the Chronicle and urge a counter story. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-71 be adopted, a resolution of the City Council of the City of Redding urging passage of Senate Bill S813 and House Bill HR3299, providing for the exclusion of approximately 600 acres in the Giddy Giddy Gulch area from the Mt. Shasta Wilderness Proposal. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-71 is on file in the office of the City Clerk. LEASE AGREEMENT - Louderback Fiddlebackers Parks and Recreation Director Riley reviewed the memo from the Parks and Recreation Commission dated April 30, 1979 recommending that Council approve the request of the Louderback Fiddlebackers to renew its lease agreement for the concession stand at the Redding Swimming Pool for the 1979 swimming season beginning June 1 through September 30, 1979. Mr. Riley said that r> this organization has done an excellent job in the past and has invested its profits into capital improvement projects. City Attorney Murphy advised Council that it had recently adopted an ordinance authorizing the Director of Parks and Recreation to administer the issuance or denial of park use permits or concession leases in park and recreational facilities in the City. He recommended that Council refer this matter to the Parks Director. 119 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard endorsing the aforestated request of the Louderback Fiddlebackers and authorizing the Parks Director to sign said agreement. The Vote: Unanimous Ayes INSTALLATION OF STOP SIGN - Rio Drive in Caldwell Park 111 Public Works Director Arness reviewed the memo to Council dated May 2, 1979 from the Traffic Engineer, stating that the Police Department has requested that a stop sign be installed in Caldwell Park at Rio Drive and the loop road around the plunge. The Traffic and Parking Commission concurs with / this request and recommends that Council authorize the installation of this I / ,"\ sign. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation and instructing the City Attorney to prepare the neces- sary resolution. The Vote: Unanimous Ayes LEASE OF PROPERTY AT REDDING MUNICIPAL AIRPORT - Cal-Todd Aviation Airports Manager McCall reviewed his memo to Council dated May 3, 1979 stating that it is the recommendation of the Airports Commission that the lease between the City and Eugene Calanchini, dba, Cal-Todd Aviation, be approved. Subject 40-year lease generally provides for lessee to construct a building on a 2.47 acre City parcel and pay rent therefor. Mr. McCall said that the lease agreement also contains the provision that in exchange for the area where his office is presently located, the Lessee will furnish the Airports Manager an office in the new building for a period of five years or until the new terminal is built. Councilman Fulton said he did not believe the City should accept this office )/r)) space for the Airports Manager as a gift from Mr. Calanchini. He suggested that the City either pay for it or locate another office space. City Attorney Murphy pointed out that the City is receiving a very definite consideration and is also giving Cal Todd a very definite consideration. He said that the City could have retained the office which would have caused an economic loss to Mr. Calanchini. He advised that this is a mutual agree- ment between the parties until the terminal is built. In reply to an inquiry from Councilwoman Gard as to whether it is feasible to relocate the structure Mr. McCall presently uses for his office, she was advised that it is not economically feasible. Councilman Kirkpatrick noted that even though a dollar figure has not been specifically placed on the new office quarters, the City is, in fact, paying rent. Councilwoman Gard suggested that the actual cost for rental of that portion for the office be specified. City Attorney Murphy said he does not consider the office a gift from Mr. Calanchini and feels it is unnecessary to make a breakdown of the actual rent. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the lease agreement between the City and Eugene Calanchini, dba, Cal-Todd Aviation, and authorizing the Mayor to execute same. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, and Demsher Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Pugh PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning Reports for May, 1979. ) , 120 Mr. Arness advised Council that the bid opening for the extension of Parkview Avenue will be held on June 12, 1979. He also stated that the grant funds from the State Litter Control, Recycling and Resource Recovery fund have been received and will be used to clean up the approach roads to the landfill. Mr. Arness noted that the report from the archaeologist has been received pertaining to the Lake Redding Park roadway. He noted that the archaeologist has excavated the side of the roadway from the Elks Club to Market Street and has located a burial site. They require that a student observer be \ present when the Pacific Telephone trench is dug in order to avoid any encroachment on the site. Councilwoman Gard asked whether an EIR has been prepared on the Northside Substation. The Deputy City Clerk was asked to check on this. AWARD OF BID - Construction of Improvements on Grove Street and Bechelli Lane Public Works Director Arness submitted a tabulation of bids received for Schedule I and II of Bid Schedule No. 1093, construction of improvements on Grove Street and Bechelli Lane. Schedule I is for construction of concrete curb, gutter and sidewalk along the north side of Grove Street and the west side of Bechelli Lane. Schedule II covers construction of the street section on Grove Street in anticipation of assessment district proceedings for con- ,, struction of the curbs, gutters and sidewalks on the south side of Grove Street. ');77) Mr. Arness advised that as of the bid date, the property owners have not started assessment district proceedings; therefore, it is recommended that the bids on Schedule I be awarded and the bids on Schedule II be rejected. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Public Works Department that Schedule I of Bid Schedule No. 1093, construction of improvements on Grove Street and Bechelli Lane, be awarded to Hayward Construction of Redding on their low bid in the amount of $31,175.50, and that Schedule II of Bid Schedule No. 1093, con- struction of the street section on Grove Street, be rejected. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Churn Creek Storm Drain - Harpole Road to Denton Way Public Works Director Arness submitted a tabulation of bids received for Churn Creek storm drain from Harpole Road to Denton Way. The low bid in the amount of $169,934 was received from C & C Construction of Shingletown. Mr. Arness advised that this project will be funded by $90,000 from the General fund and $35,000 from Community Development. It is recommended that Council approve an additional $45,000 for this project for which no provision is made in the 1978-79 fiscal year budget, and ratify the negative declaration. �?\ MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Council makes the following findings regarding Bid Schedule No. 1095 by the City of Redding proposing to construct storm drain improvements on and near Churn Creek Road from a point approximately 200 feet north of Harpole Road to Gordon Way: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on April 12, 1979. The Vote: Unanimous Ayes 121 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the recommendation of the Department of Public Works that Bid Schedule No. 1095, Churn Creek Storm Drain - Harpole Road to Denton Way, be awarded to C & C Construction on their low bid in the amount of $169,934. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Construction of Storm Drain Channel - Parkview Ditch from Leland Court to ACID Canal MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1096 by the City of Redding proposing to construct storm-drain improvements in the Parkview Ditch, from a point 130 feet east of Akard Street to the ACID Canal: 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 by the Board of Administrative Review on March 14, 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. 1096, construction of storm drain channel - Parkview Ditch from Leland Court to ACID Canal, be awarded to Gifford Construction Company on their low bid in the amount of $158,390. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Fire Hall No. 6 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard accepting the completion of City of Redding Fire Hall No. 6, Bid Schedule No. 1040, as being completed satisfactorily, that the City Clerk be instructed to file /IN a Notice of Completion, and that the 10o retention fee not be .released until all remaining work is satisfactorily completed. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Eureka Way - Pioneer Drive 8" Sewer Extension At the request of the Public Works Director, this item was not considered this evening. CONTRACT AMENDMENT - CH2M Hill for Design of Water Treatment Plant Public Works Director Arness reviewed his memo to Council dated May 2, 1979. He stated that it is the recommendation of the Department of Public Works that Council approve Amendment No. 1 to the contract with CH2M Hill for design of the Water Treatment Plant in which they are requesting compensation for (1) additional electrical engineering required to incorporate :the City's existing water distribution control panel into the new control panel for the water filtration plant, and (2) additional compensation for delays 373c? caused by the City in completing the final design of the water treatment plant. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated recommendation and authorizing the Mayor to execute said document. The Vote: Unanimous Ayes BICYCLE PATH - Lost Road /L3 Public Works Director Arness reviewed his memo to Council dated April 30, 1979, in which he advised Council that Caltrans is proposing a bicycle path S �� 122 project between Benton Drive and Lake Boulevard on Lost Road. Mr. Arness advised that Caltrans will proceed with the design, right of way acquisition, and construction of the facility provided the City will accept the bicycle path for maintenance and operation upon completion. It is the recommendation of the Public Works Department that the project be encouraged and that Council indicate its intention to maintain the facility following construction. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated recommendation of the Public Works Department. The Vote: Unanimous Ayes MELODY MANOR SUBDIVISION, UNIT NOS. 4 and 5 - Acceptance of Improvements and Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh accepting installation of all improvements within Melody Manor Subdivision, Unit Nos. 4 and 5 for maintenance and operation, and instructing the City Clerk to N`") &-N the securities to the developer. The Vote: Unanimous Ayes &-N MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-72 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Erin Lane, Avola Street and Velia Street within Melody Manor, Unit No. 4. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-72 is on file in the office of the City Clerk. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-73 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Rosebud Lane, Keylod Street and Kerry Avenue within Melody Manor, Unit No. 5. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-73 is on file in the office of the City Clerk. ABATEMENT OF COMMERCIAL MOTEL - 2035 Market Street City Attorney Murphy advised Council that since receipt of the report from the Board of Appeals pertaining to abatement of the Commercial Motel located at 2035 Market Street, a request has been made by Robert A. Rehberg, Attorney, for the owner, Ray Randolph, requesting deferment of the abatement for at least 60 days to allow time for exploration into rehabilitation or some alternate plan. Mr. Murphy advised that the Board of Appeals does not believe it is economically feasible to rehabilitate this structure. Mr. Murphy advised Council that he has discussed the problem with the Community Development staff and they have stated that there are permanent residents located in this building that will have great difficulty finding low-income housing in the Redding area at comparable rates. Councilman Pugh noted that if a time delay is granted, it would only provide a temporary place for the tenants until rehabilitation is completed and then they will be relocated because rents will undoubtedly be increased. Councilwoman Gard suggested that this item be referred to the Community Development Department for recommendation. With concurrence of other Council Members, Mayor Demsher referred this item to the Community Development Department for report and recommendation. rt ri n o m n o o O rt G n m (D N 0 n o H'• rt 7c t=i H H• H 0 0 a it rt G G 0 H• rt- n n a 0 • (D II G 0 G z c o a H• I-S Cr) H rt x • m R H. G £ G m (1- (D cn rt to Y m 0 CD n 1-n rr • n rt 0 a H• G �C O G G o • H• H H G' • a (D ¢, l0 d O a m G fD a rt ITS (1r rd G+ K n cD O H. rt G CD '< O SI 0 n N 0 H N G (D n a : x n a a• Hn N Cf) H• r a N H• H U) 123 RESOLUTION - Abatement of Property at 1800 Eugenia MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-74 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals � •),S and ordering the abatement of the unsafe and unsightly building and debris on property at 1800 Eugenia Avenue. (Owned by Keller/Jewell) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-74 is on file in the office of the City Clerk. 1 RESOLUTION - Abatement of Property at 1420 Gold Street MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-75 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on property at 1420 Gold Street (Owned by Pettinger/Wolfe) 3 S Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-75 is on file in the office of the City Clerk. CONTRACT - Mall Extension Inspection Councilman Pugh abstained from discussion and voting on this item Housing Administrator Henson reviewed his memo to Council dated May 4, 1979, advising that the City has contracted with W.A. Gelonek and Affiliates for inspection services for the mall extension presently in progress. Mr. Henson advised that to date this work has been performed by Bernard G. Bryson of W.A. Gelonek. Because Mr. Bryson is no longer affiliated with W.A. Gelonek and in consideration of his special knowledge of mall design and construction, it is staff's recommendation that he be employed to continue this work for yG an amount not to exceed the balance of the original contract. To date, $2,266.24 of the original contract amount of $10,990.00 has been expended leaving a balance of $8,723.76. This arrangement is agreeable with W.A. Gelonek. It is the staff recommendation that the prepared agreement be approved. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the agreement between the City of Redding and Bernard G. Bryson pertaining to Construction Supervision Services, Phase III of the Redding Mall, and author- izing the Mayor to sign said documents. The Vote: Unanimous Ayes with Council- man Pugh abstaining RESOLUTION - Granting Easement to PG & E at Redding Municipal Airport MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-76 be adopted, a resolution of the City Council of the City of Redding approving grant of easement to Pacific Gas and Electric Company for relocation of electric pole line at Redding Municipal Airport. 1/ )7 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-76 is on file in the office of the City Clerk. RESOLUTION = Utilities Agreement with Cal-Trans MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-77 be adopted, a resolution of the City Council of the City of Redding 7)(1), 1( �� 124 approving Utilities Agreement No. 2-1983 between the City of Redding and the State of California Department of Transportation. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-77 is on file in the office of the City Clerk. EXECUTIVE SESSION City Attorney Murphy requested an Executive Session to discuss pending litigation. At the hour of 8:40 P.M. , the Mayor declared an Executive Session to discuss pending litigation. At the hour of 8:55 P.M. , the meeting was reconvened and no formal action was taken by Council as a result of the executive session. BUSINESS FROM THE FLOOR Mrs. Vi Kiaseen, 595 Mary Street, appeared before Council pertaining to the request of the Buckeye School District discussed earlier this evening. She LC\ said that she teaches in that district and is familiar with its problems. She noted that what is happening is fruit from the decision not to have a moratorium in that area earlier and that Proposition 13 has now complicated the matter even more. Mrs. Kiaseen said the district's hands are tied and it is really looking to the City for an assist out of the bind they are in. She requested that the City consider this request carefully. ROUTINE COMMUNICATIONS Document re PUC Application of Ronald R. Hassler and Ralph E. Simon, dba, Inter-Mountain Stage Co. , for authorization to increase its fares and rates Document re CAB \4 Answer of Hughes Airwest to Petition of the City of Chico, etc. re Hughes Airwest intention to suspend service at Chico, California Applfor Alcoholic Beverage Licenses �� \ Bell Lounge, 2437 Athens Avenue R.O.S. Food and Beverage, Inc. , 1600 California Street :cationsCrotto's, 1820 Butte Street Shasta-Cascade Wonderland Association Publicity ADJOURNMENT There being no further business, at the hour of 8:55 P.M. , Mayor Demsher declared the meeting adjourned. APPROVED: 61:_>) Q ATTEST: ayor 1V74€46451. CA", Mildred L. Brayton, Cit iClerk By: K5,e4td a. 4c .. Ethel A. Richter Deputy City Clerk