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HomeMy WebLinkAboutMinutes - City Council - 1979-11-05 339 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California November 5, 1979 The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by the Reverend Earl Robertson, Pastor of the First Baptist Church of Redding. 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. Absent: None Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Director of Planning and Community Development Perry, Electric Director Simpson, Director of Parks and Recreation Riley, Associate Civil Engineer Mathis, Engineering Technician Duryee, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of October 15, 1979 , as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS - Sara Frost and Eugene L. Nichols In a communication to Council dated October 31, 1979, Sara Frost and Eugene L. Nichols urged City help and cooperation in establishing a street tree planting program commencing with an "Arbor Day in November" planting party on November 24 , 1979. Said program would include citizen participation and establishment of a tree fund for contributions. Edna Jolliff In a separate communication to Council dated November 1, 1979 , Edna Jolliff submitted nine suggestions pertaining to tree q/( planting in Redding. Mayor Demsher briefly reviewed said memos stating that he favors such a program however, suggested that the "Arbor Day" kick- off event be held over until after the holidays. Sara Frost said that the initial idea came about after she had attended numerous meetings in which the lack of trees in Redding was discussed. She concurred that holding the kick-off event over until January was a good idea, but requested that the City establish the fund right away so that donations could be received and the donors could receive a tax deduction this year. Eugene Nichols added that he is anxious to get the program started. 111 Councilwoman Gard said she is ecstatic about this concept and supports it. She noted that there is a street tree list that has been approved by the Public Works Department which the Committee may wish to review. Mayor Demsher requested that members of the Citizen Group work with the City Manager, the Parks and Recreation Department, and the Street Tree Committee on the details. In answer to Mr. Nichols ' question regarding how to proceed, the Mayor recommended that discussions regarding this matter be held at the next meeting. 340 I MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the street tree planting program as submitted, authorizing establishment of a fund for donations , and instructing the staff and Council to work with the Citi- zen Group on same. The Vote: Unanimous Ayes RESOLUTION - Establishing Electrical Utility Rate for Mobile HomeII Parks Electric Director Simpson read his memo to Council dated November 2 , 1979 , which memo is hereby made a part of these minutes by reference. Said memo set forth substantial historical background into the problem of master metering mobile home parks and the subsequent prohibition of same and its effects on park owners and tenants. Mr. Simpson noted that prior to and following the annexation of Enterprise, the City received calls from park owners requesting assurance that tenants of master metered mobile home parks would receive the same rates as individual residential customers. After completion of the acquisition of the Enterprise facilities from PG&E this fall, the City contacted WAPA and requested modification of the power sales agreement to permit the City to recognize master metered mobile home parks as resale customers. In early September, the City received verbal assurance of its request and was advised that of- ficial modifications would be forthcoming. The City proceeded on the verbal assurance and developed the electrical rate and prepared the resolution being considered this evening. Mr. Simpson advised that the proposed rate is the residential rate G established for individual customers served directly by the City -C7" with the exception that the master meter mobile home parks that will utilize this rate will do so based on the number of spaces wired to take electrical service. Thus, the master metered mobile home park owner will receive exactly the same amount of revenue from the tenants as he pays the City for the power the tenants utilize. The prepared resolution prohibits the park owner from charging individual tenants any more for their electricity than the individuals would pay if they were being served directly by the City. Mr. Simpson stated that following preparation of his memo, official notification was received from WAPA in the form of a telegram which recognizes master metered mobile home parks as resale customers . He noted that the confirming copy of said telegram is expected tomorrow. Ken Whitmire, 1670 Market Street, asked if any similar provision is being considered for commercial buildings. City Attorney Murphy replied that no change is proposed in any other rates at this time. ti Mr. Simpson said that the City has discouraged requests to install master meters in commercial buildings. He pointed out that this issue is not being considered tonight but needs to be discussed at a later date. He indicated that the City desires to protect its contracts for power noting that purchase for resale does notII come easy. Bob Hetzel, Owner, Country Club Estates Mobile Home Park, asked if the rates had been determined. Mr. Simpson responded that the proposed rate, which is the same as the residential rate, is being submitted for Council consideration this evening. 341 { { Mr. Hetzel advised Council that none of his tenants have paid any electrical bills since August 1 when the City took over the electric utilities in the Enterprise area. He questioned if the resolution contained provision for reimbursement of fees retro- j active to August 1. Mr. Hetzel was advised that no provision was made and that the resolution will become effective November 6, 1979. Mrs. Hetzel advised Council that as proprietors of the park, they have not billed any of their tenants for electricity and that they (the Hetzels) have not paid the bill since August 1. She said that some of the tenants are now faced with a three-month bill based on commercial rates. She pointed out that many of their tenants are on fixed incomes and simply cannot afford to pay the commercial rate for electricity. Mr. Hetzel substantiated his position for desiring the residential rate by displaying various charts focusing on the additional costs to their tenants for the months of August, September, and October with commercial rates in effect. Also shown was a comparison of City commercial rates vs . PG&E residential rates for the same months . In response to an inquiry by Councilwoman Gard as to how many parks in the City share this problem, Mr. Simpson replied that there are between 10 and 15 experiencing this problem. He noted that it would be difficult to give credit retroactive to a certain date in view of the varied circumstances of each park and because of the necessity to obtain authorization from WAPA. City Attorney Murphy apprised Council that the commercial rate was a lawful rate and that to go back retroactively would create some problems with respect to establishing a retroactive date. Councilman Fulton questioned the verbal authorization from WAPA in September. Mr. Simpson said that verbal authorization had been received in September assuring the City that they intended to modify the contract at which time the City began developing the rate schedule. Councilman Kirkpatrick questioned why authorization for this modifi- cation wasn' t requested some months prior to annexation. Mr. Simpson replied that the City could have made this request earlier; however, due to the other matters far more complex that were being negotiated, it was felt that it was inappropriate to do so at that time. Mayor Demsher noted that the City had not been requested to make these modifications until recently, possibly because some operators of parks were making a profit on the rates being charged their customers. Mr. Simpson said the master meters have been an on-going problem for years. Mayor Demsher said the rate for electricity paid by the low income and mobile home owners should be as low as any other residential user. He did not feel, however, it would be wise for Council to make a decision tonight on the question of payment of retroactive fees. { 342 r Councilman Pugh pointed out that in the past, the WAPA contract stipulated that whether or not a profit was involved on master metering didn' t matter. He said the City has tried to steer away from the problems hoping they could be worked out on an individual basis without going to individual meters. He said the City is remiss for the problems created. Pertaining to the question of retroactive fees, Mr. Pugh said the legal aspects will have toII be determined prior to making a decision. Councilman Kirkpatrick said he didn' t believe Council could take action that is illegal; however, the matter should be researched to see if there is some remedy. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-212 be adopted, a resolution of the City Council of the City of Redding establishing electrical utility rates for service to mobilehome parks . Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-212 is on file in the office of the City Clerk. ORDINANCE - Electric Service Meters Councilman Pugh offered Ordinance No. 1467 for first reading, an ordinance of the City Council of the City of Redding amending G1�-- Chapter 16. 12 of the Redding Municipal Code by repealing Section �" 16 . 12. 310 and substituting therefor a new Section 16 . 12 . 310, pertaining to electric service meters. CASTLE COURT ASSESSMENT DISTRICT NO. 1979-5 Mr. Sam Sperry of Sturgis, Ness and Brunsell, City of Redding } Bond Counsel, submitted the following documents for filing and adoption re Castle Court Assessment District No. 1979-5. Certificate re Petition RESOLUTION - Accepting Petition MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-213 be adopted, a resolution accepting petition in Castle Court Assessment District No. 1979-5, City of Redding, Shasta County, California. l)Q Voting was as follows : k' 3 II Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-213 is on file in the office of the City Clerk. Boundary Map RESOLUTION - Approving Boundary Map MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-214 be adopted, a resolution approving boundary map in Castle Court Assess- ment District No. 1979-5, City of Redding, Shasta County, California. L-________. ___. 343 Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-214 is on file in the office of the City Clerk. RESOLUTION - Approving Agreement for Legal Services MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-215 be adopted, a resolution approving agreement for legal services in Castle Court Assessment District No. 1979-5, 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. 79-215 is on file in the office of the City Clerk. RESOLUTION - of Intention MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-216 be adopted, a resolution of intention to order improvement in Castle Court Assessment District No. 1979-5, 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. 79-216 is on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - California-Market Street Storm Drain Assessment District No. 1979-3 The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing re the California-Market Street Storm Drain Assessment District No. 1979-3. �< i The following document is on file in the office of the City Clerk: Affidavit of Mailing - Notice of Continued Public Hearing At its meeting of October 1, 1979, Council continued the Continued Public Hearing regarding the subject assessment district to a date uncertain in view of the majority of land owners objecting to the costs involved. In a memorandum to Council dated October 30, 1979, Bond Counsel Sam Sperry recommended changes in the proceedings for said district which result in increases in the amounts of their respective assessments. Mr. Sperry said the changes are necessitated, in his judgment, by the very 344 substantial changes in the municipal bond market during the past three weeks. Said memo is on file in the office of the City Clerk. City Clerk Brayton apprised Council that the following communications have been received pertaining to subject assessment district: Order to Show Cause, Preliminary Injunction and Temporary Restraining Order filed by Helen Faye Generes iii the Shasta County Superior Court on October 26, 1979 re Adoption of Resolution Awarding Bid for California-Market Street Storm Drain Assessment District Communication from Helen Faye Generes dated November - 2 , 1979 requesting exclusion from the proposed assessment district Communication from Alfred A. and Rosemary Lykkeberg dated November 5, 1979, withdrawing from the assessment district due to prohibitive cost Bond Counsel Sam Sperry appeared before Council and stated that the objections received exceed 50% of the land area to be assessed and constitute a majority protest; therefore, Council may abandon the project and close the public hearing or, with a 4/5 majority vote, overrule the protests and proceed with the project. However, in light of the temporary restraining order filed in Superior Court, Mr. Sperry recom- mends that Council not close the hearing but continue it to December 3, 1979. City Attorney Murphy questioned if one other possibility might be to close the public hearing and continue the matter to a date uncertain and in the interim, hold staff discussions with Bond Counsel. Mr. Sperry said his advice to Council would be not to close the public hearing, but rather continue it to 7 : 30 P.M. , December 3, 1979. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick continuing the Public Hearing to December 3 , 1979. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - Acquisition of Property for California- Market Street Storm Drain Assessment District The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing re Acquisition of Property for { A 1 the California-Market Street Storm Drain Assessment District. The following document is on file in the office of the City Clerk: Affidavit of Mailing - Notice of Continued Public Hearing City Clerk Brayton apprised Council that the following communication has been received pertaining to subject acquisition: 345 Objections by Generes re Acquisition of Easement for California-Market Street Storm Drain Assessment District filed with the City Clerk November 2 , 1979 Because acquisition of this property pertains to the previous item regarding the Street Storm Drain Assessment District for California-Market Street and a majority of protests were received, it was suggested that Council continue the public hearing to December 3, 1979. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick continuing the Public Hearing re Acquisition of Property for the California-Market Street Storm Drain Assess- ment District to 7 : 30 P.M. , December 3 , 1979. The Vote: Unanimous Ayes PUBLIC HEARING - Decrease in Parking and Business Improvement Area Tax Rate The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re the Parking and Business Improvement Area Tax Rate decrease. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Resolution No. 79-197 Affidavit of Mailing - " The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. 1 Clerk Brayton 1� City r yton said that at her request, a petition was submitted by the Downtown Mall Association containing signatures of all but five property owners and/or tenants in the Mall, all of whom are proponents of this decrease in the tax rate. City Attorney Murphy said it appears that the petition has at least 80% signatures which assures a 2/3 signup. He noted that Proposition 13 is not of concern here because the request is for a decrease in taxes. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1468 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 6 . 18 of the Redding Municipal Code by repealing Section 6. 18. 170 and substituting therefor a new Section 6. 18. 170, pertaining to parking and business improvement area tax. PUBLIC HEARING - Reassessment of Assessment No. 1, Mac ' s Road Assessment District No. 1978-2 The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened ,S75--- R. the Public Hearing on reassessment of Assessment No. 1 , Mac ' s Road Assessment District No. 1978-2 The following documents are on file in the office of the City Clerk: 346 Affidavit of Publication - Notice of Public Hearing Mac' s Road Assessment District 1978-2 Assessment Split for Original Parcel No. 1 The City Clerk advised that no written protests had been received, and the Mayor ascertained that there were no fy protests from the floor. 11 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unani- mous Ayes { MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-217 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 Mac ' s Road Assessment District No. 1978-2. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-217 is on file in the office of the City Clerk. PUBLIC HEARING - Reassessment of Assessment No. 1-2 , Alta Subdivision and Adjacent Areas Assessment District No. 1968-3 The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on reassessment of Assessment No. 1-2 , Alta Subdivision and Adjacent Areas Assessment District No. 1968-3. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Alta Subdivision and Adjacent Areas Assessment 0:)D District Assessment Split for Parcel No. 1 - 2 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 Kirkpatrick, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-218 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 1-2 in Alta Subdivision and adjacent areas, Assessment District No. 1968-3. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-218 is on file in the office of the City Clerk. 347 PUBLIC HEARING - Abandonment of Water Line Easement near Intersection of Butte Street and Walnut Avenue The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re abandonment of the water line easement near the intersection of Butte Street and Walnut Avenue. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Resolution No. 79-193 Affidavit of Publication - The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. Council was advised that this public hearing is being held to consider abandonment of water line easements near the intersection of Butte Street and Walnut Avenue because new water lines have been installed to upgrade the City ' s system and to do away with the public water line on private property. 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. 79-219 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a water line easement near the intersection of Butte Street and Walnut Avenue. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-219 is on file in the office of the City Clerk. PUBLIC HEARING - Abandonment Application A-3-79 by John Kravitz The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Abandonment Application A-3-79 , by John Kravitz. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Resolution No. 79-202 Affidavit of Publication - Affidavit of Mailing Planning Commission Recommendation dated 10/30/79 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. .,.. __ ._----_._______,ted.._ 4-•-- _.,.__- - ------ 348 Planning and Community Development Director Perry reviewed his memo to Council dated October 30, 1979. He stated that at its regular meeting of September 25, 1979 , the Planning Commission unanimously recommended abandonment of a portion of Ridge Road located between Doris Street and Interstate 5. The area was depicted on the Vu Graph. Mr. Perry advised that the right of way was originally dedicated as part of the Twin View Subdivision; however, when Interstate 5 was con- structed, it went through the subdivision and Ridge Road was cut off. If abandoned, the road would revert to the applicant, who owns property on both sides of Interstate 5, and to the State of California, who purchased adjoining lots within the freeway right of way. The State is proposing to quit-claim to Mr. Kravitz its interest in the 100 square feet that would revert to the State. It is the Planning Commission and staff recommendation that the area be abandoned. If Council concurs , a resolution has been prepared for consideration. 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. 79-220 be adopted, a reso- lution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Ridge Road between Doris Street and Interstate 5. (A-3-79) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-220 is on file in the office of the City Clerk. APPOINTMENT - Traffic and Parking Commission ,_,C\ MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the appointment of Mr. Donald Sundquist as a member of the Traffic and Parking Commission. The Vote: Unanimous Ayes REAPPOINTMENT - Economic Development Corporation Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman f '�\ Gard approving the reappointment of William Gelonek as a member of the Board of Directors of the Economic Development Corporation L(\ for a two-year term to expire in December of 1981. The Vote: Unanimous Ayes with Councilman Pugh abstaining } SCREENING COMMITTEE - City Attorney Position In a memo to Council Members dated October 30, 1979 , Mayor Demsher advised that it is necessary to appoint a screening committee to study applications for the position of City Attorney. Mayor Demsher recommended that the committee be comprised of Councilman Pugh, 01 himself, the City Manager, and another appropriate member of staff to be determined by the committee. Council was advised that the closing date for applications is November 10 . The committee will set up an interview schedule and a recommendation will be submitted to Council for consideration by January 7, 1980. 349 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 8, check nos. 66186 to 66560 , inclusive, in the amount of $1, 277, 945. 25 be approved and paid, and that Payroll Register No. 8, check nos. 119873 to 120420, inclusive, salaries in the amount of $324, 234. 41 for the period September 30, 1979 through October 13, 1979, and Payroll Register )c(: No. 9 , check nos. 120421 to 120966* inclusive, salaries in the amount of $325, 927. 66 for the period October 14 , 1979 through October 27, 1979 be approved. Total $1, 928, 107. 32 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Charles Church - Claim filed 10/18/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Personal Injury filed by Charles Church on October 18, 1979 be referred to the 1 a 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 December 3, 1979. The Vote: Unanimous Ayes Cookie Ellis - Claim filed 10/22/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Cookie Ellis on October 22, 1979 be denied, based on the recom- )a3 mendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unanimous Ayes Maurice W. Davis - Claim filed 10/12/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Maurice W. Davis on October 12, 1979 be denied, based ) :1_3 on the recommendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unani- mous Ayes Vena Bernice Anderson et al - Claim filed 10/18/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Vena Bernice Anderson et al on October 18, 1979 be referred to the City Attorney and the City Insurance Carrier, ]`),3 and that the City Clerk be instructed to place the Claim on the agenda for the meeting of December 3, 1979. The Vote: Unanimous Ayes Viola B. Gove - Claim filed 10/9/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damages filed by Viola B. Gove on October 9, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk ) � 3 be instructed to place the Claim on the agenda for the meeting of December 3, 1979. The Vote: Unanimous Ayes *Check numbers 120960, 61, 62 and 63 not included. See Minutes of November 19 , 1979 (Page 365)8 _-�' 350 Pacific Telephone - Claim filed 10/9/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by the ,�� Pacific Telephone Company 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 December 3, 1979. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE - 2nd hearing Lois Jeanne Rothe dba Wentz Market - Claim filed 9/21/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Lois Jeanne IRothe dba Wentz Market on September 21, 1979 be denied, 0?) and that the claimant be so advised. The Vote: Unanimous Ayes James L. & Christina Rynhart - Claim filed 10/9/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by James L. ,� \..-)._ and Christina Rynhart on October 9, 1979 be denied, based on the recommendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Murphy advised Council that the City has been served with the following Summons and Complaint: -\7)' > 1) Atherton Industries, Inc. vs. County of Shasta, City of Redding et al In addition to the aforestated Summons and Complaint, Mr. Murphy advised Council that an additional Summons and Complaint has been received, i.e. , Helen Faye Generes vs . City of Redding. These matters have been referred to the City Insurance Carrier. ORDINANCE - RZ-8-79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that full reading of Ordinance No. 1466 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes \1 \\ MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Ordinance No. 1466 be adopted, an ordinance of the City Council of the City of Redding amending Section 18. 06 . 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-8-79) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1466 is on file in the office of the City Clerk. COUNCIL COMMITTEE REPORT AND RECOMMENDATION - Speed Zoning , The Council Committee appointed to study speed zoning, comprised of Mayor Demsher and Councilwoman Gard, submitted its report dated October 30, 1979, reinforcing the procedures which must be used in establishing speed zones as dictated by the Legislature, ie. , the speed at which 85% of the drivers are driving under 351 good conditions. This must be justified by engineering and traffic surveys measuring speeds in the field. It is the Committee recommendation that Council establish speed zoning on various City streets in conformance with the recommend- ation of the engineering and traffic surveys for those streets. It is further recommended that, prior to adoption of any further speed zoning, the public be made aware of the 85th percentile concept. Mayor Demsher said that although the committee doesn' t agree with the 85th percentile concept, the City will have to comply with it. Councilwoman Gard said the committee came to the conclusion that it is bettertohave enforcement of something even though it disagrees with the concept. She questioned whether motorists were complying with the speeds posted on Shasta View Drive. Ray Duryee, Engineering Technician from the Traffic Engineer' s office, replied that the Police Department has not been enforcing the posted speeds on Shasta View. Public Works Director Arness asked if the City has recent studies for Shasta View. Mr. Duryee answered in the affirmative. Mayor Demsher said the committee feels it is important for the Police Department and other City Departments to get involved in public relation communications with the public so they will under- stand the concept better. Councilwoman Gard noted that when a large volume of tickets are written, a big percentage of them are issued to persons residing in the immediate area. Councilman Pugh affirmed that this had been the case on Placer Street. Council took no formal action on this matter. REINFORCEMENT OF 12KV LINE TO MOUNTAIN LAKES INDUSTRIAL PARK Electric Director Simpson reviewed his memo to Council dated November 2, 1979. He stated that this item is a request for Council authorization for the City to participate with Pacific Telephone and Viacom Cable TV to underground approximately one mile of 12 KV overhead power lines from Lake Boulevard to Caterpillar Road via Beltline Road, in an amount of $60, 000. He advised that funds were budgeted for this project in the 1979-80 budget. It is requested that Council ratify the Negative Declaration on this project and authorize the City Manager to sign the contract between the City, Pacific Telephone and Viacom Cable TV. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding reinforcement of the 12KV line to Mountain Lakes Industrial Park: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; .. ,_....__....... ._ __ __ _ 352 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 October 25, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick authorizing the City Manager to sign the contract between the City, Pacific Telephone and Viacom Cable TV as hereinbefore requested. The Vote: Unanimous Ayes ENVIRONMENTAL IMPACT REPORT EIR-3-79 - re Use Permit UP-237-78 and the Canby Overpass Planning and Community Development Director Perry reviewed his staff memo to Council dated October 30, 1979. He referred to Environmental Impact Report EIR-3-79 which had previously been submitted to Council for review. Said report is for a proposed 230, 000 square-foot shopping center on Hilltop Drive and for an overpass above Highway 44. A summary of the EIR was submitted � '� to Council this evening. It is the staff recommendation that Council certify the EIR and set a public hearing for 7 : 30 P.M. , November 19 , 1979, to consider the use permit for the shopping center. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting EIR-3-79 and finding that, in accordance with Section 15088 of the California Administrative Code that changes or alterations have been required and incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the final environmental impact report. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes ENVIRONMENTAL IMPACT REPORT - Quartz Hill Road Water District Planning and Community Development Director Perry reviewed his staff memo to Council dated November 1, 1979 , and submitted to Council copies of the Environmental Impact Report for Quartz Hill Road Water District. Said report is for the proposed County Quartz Hill Assessment District which will provide water to a large area on both sides of Quartz Hill Road. Mr. Perry advised that under the California Environmental Quality Act, and because of the location outside the City, Shasta County is the lead agency for this project; and the City of Redding is a responsible agency. As proposed, the City of Redding would supply the water for the district and would operate and maintain the system. Said district consists of approximately 2000 acres and would serve a population of approximately 260 persons. The district is located entirely outside the City, but is contiguous to its western boundary north of Quartz Hill Road. In the referenced memo, six areas of concern were spelled out which staff feels need additional discussion Because the formation of this district will potentially induce growth, it is the staff recommendation that the EIR be referred to the Council Committee on Growth and to the Planning Commission. 353 Mr. Perry said he has talked with Larry Preston, representing Shasta County, who has requested that the City submit its comments prior to the end of November. t, Councilwoman Gard noted that it has not been Council policy to serve those areas outside the City. Public Works Director Arness noted that Section 14 . 08 . 050 of the Redding Municipal Code states that within the authorized water service area set forth in that certain contract between the City and the U.S. Bureau of Reclamation, water service connections may be made beyond the city boundaries. City Attorney Murphy said that some of the area within the assess- ment district is already improved and that influence on growth will be felt in that portion that is unimproved. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Environmental Impact Report for Quartz Hill Road Water District be referred to the Council Committee on Growth and the Planning Commission. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP - Park Marina Circle Subdivision Council was advised that the Planning Commission has approved the Tentative Subdivison Map for Park Marina Circle Subdivision subject to twenty-one conditions. Council was provided a list of the conditions. The location of the subdivision was shown on 14 the Vu Graph. SETTING PUBLIC HEARING - Appeal of Woodside Meadows Subdivision Unit Nos. 2, 3, and 4 Planning and Community Development Director Perry advised Council that the engineer for Woodside Meadows Subdivision submitted a letter appealing two of the conditions of approval for the re- submitted tentative map for Units 2 , 3 , and 4 of said subdivision. On November 4 the subdivider rescinded his protest appeal re a condition imposed on Unit No. 2 . Therefore, the appeal concerns only Unit Nos. 3 and 4 . )0y It is the staff recommendation that Council set a public hearing for 7: 30 p.m. , December 3, 1979, to consider this appeal. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Appeal of Use Permit UP-26-79 Planning and Community Development Director Perry advised Council that Don Sanders is appealing two conditions of approval of a proposedsignto be located at 2705 Churn Creek Road. It is the staffrecommendation that Council set a public hearing for 7: 30 p.m. , November 19, 1979, to consider this appeal. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application RZ-10-79 Planning and Community Development Director Perry advised Council that at its regular meeting of October 23, 1979, the Planning Commission unanimously recommended the rezoning of property located /IA/ 354 at 1240 Redwood Boulevard from "M-2-F" Industrial District to "PI" Planned Industrial District. Maps were submitted depicting the location of the property. It is the staff recommendation that Council set a public hearing for 7 : 30 p.m. , November 19, 1979, to consider this application. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Petitions re Barricade on Valentine Lane Planning and Community Development Director Perry advised Council that at the conclusion of a public hearing on October 23 , 1979 , the Planning Commission, by a vote of five to one, recommended retention of the barricade on Valentine Lane; that the barricade be modified to permit passage of an emergency vehicle, and that Council pursue the extension of Dove Street. It is the staff recommendation that Council set a public hearing for 7: 30 p.m. , December 3, 1979, to consider the petitions and the Planning Commission recommendation. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes RESOLUTION SETTING PUBLIC HEARING - Abandonment Application A-1-79 Planning and Community Development Director Perry advised Council that at its regular meeting of September 25, 1979 , the Planning Commission unanimously recommended abandonment of a portion of South Bonnyview Road adjacent to 5826 East Bonnyview Road. A map was submitted depicting the location of the property in question. It is the staff recommendation that Council adopt the prepared k \ resolution setting a public hearing for 7 : 30 p.m. , December 3 , 1979, to consider this application. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-221 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of South Bonnyview Road at its intersection with 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. 79-221 is on file in the office of the City Clerk. SETTING PUBLIC HEARING - Appeal of Use Permit Application UP-62-79 Planning and Community Development Director Perry advised Council that at its regular meeting of October 23, 1979, the Planning Commission denied, by a vote of five to one, a request to construct a 171-space mobile-home park on 70 acres located south of Highway 299 and east of Interstate 5. The applicant has appealed that decision to the City Council. V" A location map and copies of the final environmental impact report for this project were submitted to Council for review. It is the staff recommendation that a public hearing be set for 7 : 30 p.m. , December 3, 1979, to consider this appeal. 355 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes PARKS AND RECREATION COMMISSION RECOMMENDATION - Roller Skating RESOLUTION - Prohibiting and/or Limiting Roller Skating and Skate Boarding in Certain Public Areas In a communication to Council. dated October 26 , 1979 , the Parks and Recreation Commission advised that at its October 24 , 1979 meeting the current interest in roller skating in the downtown area was discussed. The Commission realizes the potential problems skating may create, but supports this activity and urges Council to designate feasible areas for this activity. The Commission suggests the following as possible sites: Civic Auditorium Parking Lot Designated Areas in Caldwell Park A lighted street blocked off in the Downtown Area such as Oregon Street Councilwoman Gard said she is in favor of considering the cul de sacs in Caldwell Park for roller skating. Councilman Pugh noted that skating isn' t prohibited in these areas. City Attorney Murphy advised that he has received a protest from a lady who works on the night shift for Pacific Telephone per- taining to designation of Parking Lot 3 for skating. The workers have been frightened by the conduct of young people who are part of the problem the City has had on Pine Street for years . They ride motorcycles on the sidewalk and frighten these workers as they leave work in the morning. This protester is now worried about the conduct of the roller skaters in this regard. Councilman Pugh said there should be very little conflict between employees, vehicles and skaters between 10 p.m. and 2 a.m. as proposed in the resolution for certain parking lots. John Dunlap, 1745 Yuba Street, requested a copy of the proposed resolution, which was furnished to him. City Attorney Murphy said he has strong sympathy towards the skaters and favors giving them an area somewhere for skating. Jeff Goodwin, 2732 Lanning Avenue, submitted sample roller skate wheels to Council and pointed out various concerns of the skate shop and skaters as follows: 1. Mini-Mall by Yogurt Shop should be open to skaters to enter and leave the skate shop without being penalized. He noted that the corridor in the Mini- Mall is not publicly owned; 2. Lot 11 should be open to skaters; 3. When skaters use "wrap and walk" attachments on their skates (to stop the wheels from rolling which allows the skater to walk) , they should not be penalized; 4. Lack of ramp for skaters on Cypress Street Bridge; 356 5. Bad publicity in news media is giving roller skating a bad image. Mr. Goodwin agreed that liability is a problem for the City, but questioned if posting signs prohibiting skating in certain areas would relieve the City of the liability. City Attorney Murphy replied in the negative, noting that if it is common knowledge that the posting is not being enforced, the I!, City remains liable. Public Works Director Arness said that he is concerned with the. Pine Street lot near Tehama Street, noting. that his job is to avoid impacting traffic and what happens in the parking lots affect the traffic. In response to an inquiry as to whether the City has control over the non-public areas in the Mall, City Attorney Murphy replied that the City has control in the sense that the Downtown Merchants and public must be required to abide by uniform rules under the Downtown Urban Renewal Plan. He said it is very difficult for a person who isn' t well acquainted with the Mall, such as some of the skaters, to determine what is and isn' t a public area. Council requested that Lot 3 be added to the Resolution under Paragraph 1 as an area designated to be posted prohibiting roller skating and skate boarding at all times . MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-222 be adopted, a resolution of the City Council of the City of Redding designating certain public areas to be posted against roller skating and skate boarding. Voting was as follows: Ayes: , Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-222 is on file in the office of the City Clerk. PUBLIC WORKS PLANNING REPORTS 3[0 Public Works Director Arness submitted the Public Works Planning Reports for November 1979. AWARD OF BID - Del Mar 12-Inch Water Line Replacement MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Public Works Department that Bid Schedule No. 1144, Del Mar 12-Inch Water Line Replacement, 1 be awarded to Hank Snow of Anderson on his low bid in the amount t "a of $24 , 539. 40. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Felstet Lane 6-Inch Sewer Replacement MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the recommendation of the Public Works Department that Bid Schedule No. 1145, Felstet Lane 6-Inch Sewer Replacement, be awarded to Earl H. Kavert of Central Valley on his low bid. in the amount of $7, 230. 357 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Bechelli Lane/Church of the Nazarene Assessment District (Chapter 27) Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Public Works Department that Bid Schedule No. 1146, Bechelli Lane/Church of the Nazarene Assess- ment District (Chapter 27) , be awarded to Concrete Contractors , Inc. of Anderson on their low bid in the amount of $9, 425. Voting was as follows: r/ Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh NOTICE OF COMPLETION - Underground Utilities on Hilltop Drive from East Palisades to Lake Boulevard MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the Underground Utilities on Hilltop Drive from East )R Palisades to Lake Boulevard, Bid Schedule No. 1068 , as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Storm Drain Channel - Parkview Ditch from Leland Court to ACID Canal MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the Construction of Storm Drain Channel - Parkview Ditch 3/,5 from Leland Court to ACID Canal, Bid Schedule No. 1096, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Dana-Mistletoe Area Water System Modifications and Additions MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the Dana-Mistletoe Area Water System Modifications and Additions, Bid Schedule No. 1116, as being completed satisfactorily, D 3 7 and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of T-Hangars at Municipal Airport MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting Construction of T-Hangars at Redding Municipal Airport, Bid Schedule No. 1014, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes CONTRACT FOR MASTER SEWER PLAN - Redding Municipal Airport Public Works Director Arness reviewed his memo to Council dated October 23, 1979. He advised that the City has budgeted monies to join with the U. S. Forest Service in retaining a consulting engineer to develop a master sewer plan for the Redding Municipal c;.2/w Airport. 358 Mr. Arness submitted a contract with Ott Water Engineers, Inc. defining the scope of the work and the major focus involved in this project. He noted that the review of ground water in the area of the airport is dependent upon our having a normal rain- fall. If this year does not have normal rainfall and the data received in the study is not conclusive, it may be necessary to extend the time line of the contract. It is the staff recommendation that Council approve the referenced contract and authorize the Mayor to execute same. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes MASTER SEWER PLAN - Preliminary Review Public Works Director Arness reviewed his memo to Council dated October 31, 1979 and submitted copies of the Master Sewer Plan 1. to Council Members for preliminary review. He noted that the (P Plan contains the consultant' s recommendation on portions of the system that need immediate corrective actions and it appears that the $2 , 000, 000 remaining from the Clear Creek project will fund most of the immediate system needs. The total cost of collection system needs for 1980-81 is estimated at $2 , 107, 000. No action was taken by Council. RESOLUTION - Southern Pacific Transportation Company Easement for Extension of Quartz Hill Road Under Southern Pacific Track in Caldwell Park MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-223 be adopted, a resolution of the City I Council of the City of Redding approving and authorizing execution �` ' of a street easement agreement providing for the extension of Quartz e Hill Road to cross under the Southern Pacific Track in Caldwell Park. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-223 is on file in the office of the City Clerk. PLACER HILLS SUBDIVISION, UNIT NO. 3 - Acceptance of Improvements and Streets MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting the improvements in the Placer Hills Subdivision, Unit No. 3 for maintenance- and operation, and instructing the City - Clerk to return the securities to the developer. The Vote: Unani- � ` mous Ayes -- Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-224 be adopted, a resolution of the City of Redding accepting for maintenance and operation Villa Drive and Wisconsin Avenue within Placer Hills Subdivision Unit 3 . ��--\ Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-224 is on file in the office of the City Clerk. • 359 OAKWOOD PLACE SUBDIVISION, UNIT NO. 2 - Acceptance of Improvements and Streets MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the improvements in the Oakwood Place Subdivision, Unit No. 2 for maintenance and operation, and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous 1L, Ayes Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-225 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Cessna Drive and Cessna Court within Oakwood Place Subdivision Unit 2 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 225 is on file in the office of the City Clerk ACCEPTANCE OF FINAL MAP - Woodside Meadows Subdivision, Unit No. 2 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Final Map, Woodside Meadows Subdivision, Unit No. 2 , be accepted, that the City Clerk be instructed to file the map with /L the Shasta County Recorder, and the Mayor be authorized to sign the Subdivision Agreement. The Vote: Unanimous Ayes RESOLUTION - Abatement of Property at 2832 Fairway Avenue MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-226 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 by demolition 3�S of the unsafe and unsightly residential building on property at 2832 Fairway Avenue. (Ray Chambers) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None 1 Resolution No. 79-226 is on file in the office of the City Clerk. RESOLUTION - Abatement of Property at 892-1/2 Twin View Boulevard MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-227 be adopted, a resolution of the City 3�S Council of the City of Redding of intention to begin legal pro- ceedings of abatement under Chapter 9. 36 of the Redding Municipal Code on certain real property in the City of Redding. (Owned by John Lund Clausen, 892-1/2 Twin View Boulevard) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-227 is on file in the office of the City Clerk. RESOLUTION - Abatement of Property at 4340 Westside Road MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-228 be adopted, a resolution of the City ?s— Council of the City of Redding of intention to begin legal pro- ceedings of abatement under Chapter 9. 36 of the Redding Municipal 360 Code on certain real property in the City of Redding. (Owned by Stanley Marc Bridges, 4340 Westside Road) . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-228 is on file in the office of the City Clerk. OPERATING LEASE AGREEMENT - Martin Luther King, Jr. Memorial Center MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the operating lease agreement between the City of Redding 1.-\4' and the Martin Luther King, Jr. Memorial Center and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REVENUE SHARING AGREEMENT - Shasta County Legal Aid Society MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the Revenue Sharing Agreement between the City of Redding S \� and the Shasta County Legal Aid Society and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REVENUE SHARING AGREEMENT - Phoenix House Councilman Fulton abstained from discussion and voting on this item MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the Revenue Sharing Agreement between the City of Redding and the Phoenix House Alcoholic Recovery Home and authorizing the Mayor to execute same. The Vote: Unanimous Ayes with Councilman Fulton abstaining REVENUE SHARING AGREEMENT - People of Progress, Inc. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the Revenue Sharing Agreement between the City of Redding 1� and the People of Progress, Inc. and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REVENUE SHARING AGREEMENT - Haven Humane Society MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick `1\ approving the Revenue Sharing Agreement between the City of Redding and the Haven Humane Society and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REVENUE SHARING AGREEMENT - Golden Umbrella MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the Revenue Sharing Agreement between the City of Redding '\ and the Golden Umbrella and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REVENUE SHARING AGREEMENT - Consumers Aid of Shasta County MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the Revenue Sharing Agreement between the City of Redding ,� and the Consumers Aid of Shasta County and authorizing the Mayor to execute same. The Vote: Unanimous Ayes AGREEMENTS - Northern California Emergency Medical Care Council City Attorney Murphy advised that Council has copies of two agree- ments with the Northern California Emergency Medical Care Council . One agreement covers dispatching services and the other is a renewal of an existing contract for radio service. Mr. Murphy advised Council that the Medical Care Council requested three minor changes in the agreement pertaining to dispatching 361 service, which Mr. Courtney and he felt had no substantial impact on the City and they were, therefore, interlineated in the agree- ment being submitted to Council for approval. The changes were read to Council. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the agreement between the City of Redding and the Northern California Emergency Medical Care Council for dispatching services , and the renewal of an existing contract for radio services with said agency, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REDDING MUNICIPAL AIRPORT - Lease and Sub-Lease Agreements City .of Redding/Economic Development Corporation of Shasta County/ Eugene F. Calanchini Councilman Pugh abstained from discussion and voting on this item City Attorney Murphy advised Council that the following documents involving Cal-Todd Aviation have been made necessary because of a financial program in which Mr. Calanchini is involved with the Small Business Administration. Termination of current Lease - 1 Lease between City and Economic Development Corporation 1/ j of Shasta County Sub-Lease between. Economic Development Corporation. and Eugene F. and Karen L. Calanchini Sub-Lease between Eugene F. and Karen L. Calanchini and H & H Air Service, Inc. Lease between City and Eugene F. and Karen L. Calanchini Sub-Lease between Eugene F. and Karen L. Calanchini and H & H Air Service, Inc. The above referenced documents modify his original lease by dividing it into two leases, i.e. , lease with the City of Redding and Economic Development Corporation covering the office building, and lease between the City of Redding and Calanchini for the hangar. It is recommended that Council- approve: (1) the termination of the current lease; (2) the two master leases; and, (3) three sub-leases pertaining thereto, and authorize the Mayor to execute same. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the aforestated recommendation. The Vote: Unani- mous Ayes with Councilman Pugh abstaining INDEMNITY INDEMNITY AGREEMENT - Dempsey Construction Corporation MOTION: Made by Councilman P-ugh, seconded by Councilwoman Gard approving the Indemnity Agreement between the City of Redding and Dempsey Construction Company re Ridgeview Subdivision Trunk icy Sewer Line subject to having the signature of Mr. Frampton (Dempsey Construction Corporation) witnessed. The Vote: Unanimous Ayes HUMBOLDT FINANCIAL SERVICES - Authorization to Transfer Property City Attorney Murphy advised Council that Paragraph 22 of the Agree- ment between the City of Redding and Humboldt Financial Services, requires the consent of the City if any buildings fronting on the Mall Extension project are sold prior to completion of the Mall <.(63 ,73 project. The public areas, which are the subject of this Agreement, are 95-96% complete and the City' s engineer, Bernie Bryson, advises 362 that he expects the project to be totally completed prior to Thanks- giving. P } Mr. Murphy advised that there is a sale pending in escrow li of the building located where J. C. Penney Co. was on the west side of the Mall, which is being sold by Humboldt Financial Services to K.R. Whitmire Co. , Inc. Mr. Murphy said that several meetings have been held (Friday and today) between Mr. Dunlap, Attorney, represent- ing Humboldt and Whitmire, and he has prepared an addendum to the contract and obtained its execution by K.R. Whitmire Co. , Inc. , which addendum is on file in the office of the City Clerk. Said addendum provides that K.R. Whitmire Co. , Inc. will abide by applicable terms of Sections 2, 5, 10, and 11. Section 12 will be amended to show that K.R. Whitmire Co. , Inc. will receive notice at P.O. Box 4545 , Redding, California 96001. Said Company will also be boundby the terms of Sections 13, 14, 15,16, 17, 18, 20, 21, 22 , 24 , 25 , 26 , 27 , 28 and 29 as these sections may apply to the continuing relation- ship of Humboldt and the City, wherein K.R. Whitmire Co. , Inc. will be substituted for Humboldt Financial Services, Inc. , a California corporation. Mr. Murphy said he is prepared to recommend that Council approve the sale from Humboldt Financial Services to K.R. Whitmire Co. of that parcel referred to hereinbefore. He pointed out that this is a matter of urgency in that the interest costs per day of delay amount to several hundreds of dollars. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the addendum and the recommendation of the City Attorney as it pertainsto transfer of property from Humboldt Financial Services, Inc. to K.R. Whitmire Co. , Inc. The Vote: Unanimous Ayes EXECUTIVE SESSION City Attorney Murphy requested. an Executive Session to discuss settlement of a pending condemnation case. At the hour of 9 : 20 P.M. , the Mayor declared an Executive Session. to discuss settlement of a pending condemnation case. At the hour of 9 :35, the meeting was reconvened. City Attorney Murphy requested authority to settle a condemnation case of the City vs. Gus. Tagliaferri to the extent of $1, 700 . 00. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the request of the City Attorney as stated hereinbefore. The Vote: Unanimous. Ayes . - 4 RESOLUTION - Establishing Electrical Utility Rate for Mobile Home Parks Mr. Murphy requested that Council move to reconsider Resolution No. 79-212 establishing electrical utility rates for service to mobile home parks which was adopted earlier this evening. He proposed for consideration a small change in the language to 0\ 1- read that said resolution would be .effective November 6 , 1979 for all meters read on or after that date. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh to reconsider Resolution No. 79-212 adopted earlier this evening. The Vote: Unanimous Ayes MOTION: Made by. Councilman Kirkpatrick, seconded by Councilman Pugh agreeing to the aforestated change in Resolution No. 79-212 . The Vote: Unanimous Ayes. . 363 BUSINESS FROM THE FLOOR Vi Klaseen, 595 Mary Street, appeared before Council and expressed her concern at not seeing the buses operating and questioned the delay. Mrs. Klaseen was advised that Cal Trans has recently distributed its guidelines and that the consultant for the Redding Area Bus Authority, DAVE Systems, Inc. , is checking its application for conformity with the new requirements. Said application must be submitted to Cal Trans by June 30, 1980. Mrs. Klaseen was advised that it could be as much as a year from submission and approval of the grant application prior to the buses actually being in service. Mrs. Klaseen asked if other monies are available to expedite this service for Redding. Mayor Demsher replied that the City does not have any funding outside of the Urban Mass Transit monies for this type of project. Mrs. Klaseen asked how the gas tax money is being expended. Assistant City Manager Courtney replied that said funds are being used for road construction. Public Works Director Arness advised Mrs. Klaseen that RABA expects a progress report from DAVE Systems, Inc. in the near future. ROUTINE COMMUNICATIONS Shasta-Cascade Wonderland Association Publicity Y-/ Applications Applications for Alcoholic Beverage Licenses Kapt. K. Koncession, 1988 Park Marina Drive Poncho' s Villa, 1135 Pine Street, #A T.C. ' s, 1250 Hartnell Avenue y� Cressey Beverage Distributing, 4948 Caterpillar Road l / c7 Chuck & Charlie' s Wine Cellar, 2621 Park Marina Drive ADJOURNMENT There being no further business, at the hour of 9 : 40 p.m. , Mayor Demsher adjourned the meeting. APPROVED: Mayor ATTEST: )ti..tett rk 4.4 �