Loading...
HomeMy WebLinkAboutMinutes - City Council - 1979-12-17 417 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California December 17, 1979 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Police Chief Whitmer. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Pugh, and Demsher. Absent: Council Member Kirkpatrick Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Planning and Community Development Director Perry, Police Chief Whitmer, Director of Electric Simpson, Associate Civil Engineer Mathis, Traffic Engineer Hamilton, Waste Treatment Superintendent Gasser, Senior Assistant Planner King, Engineering Technician Duryee, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the minutes of the regular meeting of December 3 , 1979 and the adjourned regular meeting of December 11, 1979. The Vote : Unanimous Ayes WRITTEN COMMUNICATIONS Minta Reichel Councilman Pugh abstained from the discussion in this matter In a communication to Council dated December 12 , 1979 , Minta Reichel advised that at a recent Board of Administrative Review meeting, Willard M. Woodward of Woodward and Nichols , Architects, representing Weshasta, Inc. (for UP-267-79) and also as an adjoining property owner on the east side of her property at 1333 Chestnut, stated he would like to go on record as being interested in the improvement of Calaboose Creek. Further, that as the retaining wall of the adjoining property (that of Mrs. Reichel' s) had fallen into the creek, he felt something should be done. Thereafter, Mrs . Reichel authorized her son, Kurt Reichel, to contact Fred Mathis of the Public Works Department who gave him a copy of a Release of all Claims form for signature by Mrs. Reichel. City Attorney Murphy advised Council that the City gave Mrs. Reichel a copy of a Release of all Claims form and requested that she sign it. The City would then be able to act, as it had previously offered, in contributing to the repair of the drainage ditch under the City' s Storm Drainage Participation Program. Mrs. Reichel has not returned the signed release to the City. Minta Reichel, p.0. Box 2304 , 1333 Chestnut Street, Redding, said she had received the copy of the release from the City Attorney but had not signed it. Mrs. Reichel made an extensive presentation pertaining to that portion of Calaboose Creek adjacent to her property and action taken against the City in past years. She submitted the following: Memo to Council dated December 12 , 1979 Release of All Claims (copy of form) 418 Recap of 13 Questions asked Council this evening City of Redding Ordinance No. 944 Excerpt of Planning Commission Minutes of January 13 , 1970 Pages 330-334 of Court Action #42361, Testimony of "Slim" Nielsen Pages 376-378 of Court Action #42361, Testimony of Jack Lang Letters from Jack Lang to Ochinero Construction Co. , Inc. dated March 26, 1970, April 6 , 1970 , July 6 , 1970, and September 8, 1970 Reichel letter to City dated August 7 , 1973 Field Book Summary Nos. 206, 151, 154 and 27 Pages 8 and 9 of Reporter' s Transcript of Court Case #58025, Archer Pugh, Attorney for Woodward and Nichols Said documents are on file in the office of the City Clerk. Mrs. Reichel noted that the Release of Claims given her recently is the same form she was given in 1975 , which she refused to sign at that time. She discussed at length the afore-mentioned documents pertaining to the creek and her position regarding the problem. City Attorney Murphy advised Council that Mrs. Reichel has exhausted her legal limits in state and federal courts and has carried her complaints all the way to the United States Supreme Court, but to no avail. Councilwoman Gard asked if Mrs. Reichel has any further recourse. Mr. Murphy replied that to the best of his knowledge, she has exhausted all such areas; however, the matter may appear in court again. Mrs. Gard said that if there is a possibility the matter will be taken back to court, it would be inappropriate for Council to respond. Council took no action in this matter. Solar Study Group Mayor Demsher referred to a communication dated December 12 , 1979, which he had received from Brad Brown of the Solar Study Group, noting that their next regular public meeting will be held Thursday, December 20, 1979 in the Shasta County Library. Mr. Demsher said that the citizens of the community need to U� ' be encouraged to use solar energy and that a staff member � should be appointed to study this issue. He requested that the matter be placed on the January 7 , 1980 agenda. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Accounts Payable Register No. 11, check nos. 67013 to 67249 , inclusive, in the amount of $973, 083. 08, be approved and paid, and that Payroll Register No. 12, check nos. 122048 to 122599 , inclusive, salaries in the amount of $323, 764. 12 for the period November 25 , \U 1979 through December 8, 1979, be approved. Total $1, 296 , 847 . 20 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick 419 TREASURER' S REPORT Councilman Pugh submitted the Treasurer' s Report as of October 31, 1979 which showed the Treasurer' s Accountability to be $17 , 260 , 805. 69 CLAIMS FOR DAMAGE - 1st hearing Kevin Henry Carrigan - Claim filed 11/28/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Kevin Henry Carrigan on November 28, 1979 be denied, based on the recommendation of the City Insurance Committee, and that �` 3 the claimant be so advised. The Vote: Unanimous Ayes Herbert W. Johnson - Claim filed 11/28/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Herbert W. Johnson on November 28, 1979 be referred to the City Insurance Com- j*3 mittee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of January 7, 1980. The Vote: Unanimous Ayes Pauline Bridges - Claim filed 12/3/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Claim for Damage filed by Pauline Bridges on December 3, 1979 be approved in the amount of $161. 00 , based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes California State Automobile Association on behalf of J.L. 111 Turskey - Claim filed 12/11/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by the California State Automobile Association on behalf of J.L. Turskey on /0.3 December 11, 1979, be referred to the City Insurance Com- mittee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of January 7, 1980. The Vote: Unanimous Ayes CLAIM FOR DAMAGE - 2nd hearing Edgar L. Webb, Jr. - Claim filed 11/19/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Claim for Damage filed by Edgar L. Webb, Jr. on November 19, 1979 be approved in the amount of $125. 00 , / 2 3 based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes SUMMONS AND COMPLAINT City Attorney Murphy advised Council that the City has been served with the following Summons and Complaint: Vagn Kristensen vs. City of Redding, et al This matter has been referred to the City Insurance Carrier. MAYOR DEMSHER - Permission to Leave United States MOTION: Made by Councilman Pugh, seconded by Councilman Fulton granting Mayor Demsher permission to leave the United States from December 25, 1979, through January 6 , 1980. The Vote: UnanimousAyes 420 WESTERN OAKS ESTATES SUBDIVISION ASSESSMENT DISTRICT NO. 1979-4 , RECOMMENDATION OF GROWTH COMMITTEE Mayor Demsher, Chairman of the Growth Committee reviewed the Committee report and recommendation to Council, dated December, 14 , 1979, pertaining to the Western Oaks Estates Subdivision Assessment District. Mr. Demsher advised that on October 15 , 1979, Council considered a request for financing of 37 lots, which are a portion of a larger development consisting of 88 lots, by an assessment district acquisition procedure involving the issuance of 1911 Act Improvement Bonds. This request was referred to the Growth Com- mittee for review in regard to established policy that developers not be permitted to apply for special assessment proceedings on portions of larger developments. The Committee report states: This subdivision is less than fifty lots, and it satisfies all other criteria established by the City Council for the use of this type of financing. However, the Growth Com- mittee feels that the intent of current policy is to limit the use of 1911 Act Improvement Bond financing to small developments under fifty lots, and that it should be clearly understood that any attempt to circumvent this policy by phasing development into small units should result in denial of use of this type of financing in the subsequent develop- ment of other land in this parcel. Mayor Demsher said the Committee has met with the parties involved regarding this request and their proposal conforms clearly and they are in agreement with the Council policy established a year ago. The Committee recommends favorable approval. Councilwoman Gard questioned how this policy will be enforced. Councilman Pugh responded that it will be Council policy; that the developer is foregoing this type of financing for development of any additional phases. Mayor Demsher said that if the property owners sell the property, the new owners would have the right to request this type of financing for development of their first 50 lots. Mr. Demsher feels this is fair. Messrs. Demsher and Pugh said that the key is that the request must be made by a legitimate new owner. Councilwoman Gard noted that the purpose of the 50-lot minimum is to prohibit the large speculation-type developers from use of this type of financing. Mrs. Gard questioned where it will state that approval has been granted for 37 lots only. Mayor Demsher responded that the record will state that approval is hereby granted for 37 lots. He also noted that if future requests are made, Council can deny said requests for use of 1911 Act Improvement Bonds. Mrs. Gard questioned if other Council Members feel the established Council policy is adequately protected. Mr. Demsher replied in the affirmative noting that Council has agreed to only a portion of the development being financed with said improvement bonds. 4.21 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 79-250 be adopted, a resolution of the City Council of the City of Redding expressing preliminary intent to form an Assessment District and conduct special assessment pro- ceedings, Western Oaks Estates Subdivision Assessment District No. 1979-4, City of Redding, Shasta County, California. Voting was as follows: Ayes : Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-250 is on file in the office of the City Clerk. AWARD OF BID - Substation Structural Steel MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the City Manager that Bid Schedule No. 1156, Substation Structural Steel, be awarded to Northwest Marine Iron Works on their low bid in the amount of $15 , 052 . 00 , sales tax included. _2(/3Voting was as follows: Ayes : Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick AWARD OF BID - Douglas Fir Poles MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the City Manager that Bid Schedule No. 1157, Douglas Fir Poles, be awarded to J.H. Baxter & Co. on their low bid in the amount of $8, 061. 72, sales tax included. Voting was as follows: Ayes : Council Members - Fulton, Gard, Pugh, and Demsher „:24../3Noes: Council Members - None Absent: Council Members - Kirkpatrick AWARD OF CONTRACT - Airport Liability Insurance Assistant City Manager Courtney reviewed his memo to Council dated December 13, 1979. He advised that his office prepared specifications for airport liability and hangar keepers' liability insurance and bid proposals were reviewed on December 11, 1979. A tabulation was submitted indicating that J.M. Sharp Insurance Agency submitted the low bid in the amount of $5, 200 per year, or $15,600 for the three- year prepaid premium. It is recommended that the insurance contract be awarded to J.M. Sharp Insurance Agency for the contract period January 1, 1980 through December 31, 1982 , subject to approval of T . / same by the City Attorney. In reply to an inquiry from Council, Mr. Courtney added that the City will probably pay the premium on an annual basis with annual rate adjustments as applicable. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Assistant City Manager. The Vote: Unanimous Ayes REFUND OF EXCESS GROUP INSURANCE PREMIUMS - Paid by Employees Assistant City Manager Courtney reviewed his memo to Council dated December 12, 1979, which memo is hereby made a part of these minutes by reference. On September 1, 1976, the City entered into a -2S-7 retention agreement with the California-Western States Life Insurance Co. providing that annual premium payments in excess of the sum of incurred claims, the agreed rate of retention, and the amount required 422 to maintain the claims stabilization reserve, be deposited in an Excess Reserve account belonging to the City of Redding. Mr. Courtney submitted a statement indicating the amounts paid to Cal-West by the City and its employees and the transactions which affected the Excess Reserve Account balance. He advised that the contracts with City of Redding employees provide that, effective July 1, 1980, the City will pay 100% of the group insurance premium, and the employees will no longer make a contribution to this premium cost. It is proposed that the employees ' share of the Excess Reserve Account balance be refunded to them on December 21, 1979. The total amount of the em- ployees ' share is $64 , 995. 84. If Council authorizes the refund of these excess premiums, checks will be prepared for distribution to the employees on December 21, 1979. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Assistant City Manager. The Vote: Unanimous Ayes APPEAL OF USE PERMIT UP-62-79 by Richard Dixon Planning and Community Development Director Perry reviewed his memo to Council dated December 13, 1979. He advised that at the close of the public hearing on the appeal of UP-62-79 , by Richard Dixon, Council referred the application to the Planning Commission to determine how much emphasis the Commission had placed on grading and erosion in its decision to deny the application, or if there were other considerations involved. Mr. Perry submitted letters received subsequent to the Council meeting from Lillian and Leonard Nelson, and Gail Leonard. At its regular meeting of December 11, 1979, the Planning Com- missioners responded individually to the questions raised by Council. During the discussion, four Commissioners also indicated their willingness to reconsider the application, if Council so desired; however, noted that the site plan would have to be modified. Mr. Perry advised that due to the time limitations of the appeal process, the controversy surrounding the project, and the opinion of the Planning Commission that the existing site plan does not mitigate the grading effects as identified in the final environ- mental impact report, it is the recommendation of the staff that the appeal be denied and that the action of the Commission be sustained. Based on the indicated willingness of a majority of the Commission to approve a revised site plan that adequately mitigates the aesthetic and erosion impacts of the project, it is suggested that the developer redesign and resubmit his project for consideration by the Planning Commission. City Attorney Murphy said that prior to the meeting tonight, Robert Rehberg, Attorney for the applicant, submitted a letter dated December 17, 1979, which Mr. Murphy read as follows : Dear Council Members: It appears from the comments of the Planning Commission on December 11 in response to your reference to them on this appeal, that the primary problems are general appear- ance, grading, and erosion control. We believe that we can modify the map to satisfy the concerns of the Plan- ning Commission and for that reason and without waiving any right of further appeal, we request that this matter 423 be referred back to the Planning Commission for further consideration. For the purpose of this reference back we waive any requirement of Council action on this appeal within the time limits specified in your code. Very truly yours, /s/ Robert A. Rehberg Robert A. Rehberg Attorney for Applicant Mr. Murphy said that the staff suggests that the developer redesign and resubmit his project for consideration. Mr. Murphy believes the Planning Commission and Council have the same general desire for this development. He stated that the request of Mr. Rehberg places Council in a procedural box pointing out that the language of the Municipal Code stipulates a mandatory timeline for the appeal period. If Council does not act within 30 days of the original time of public hearing, the action of the Planning Com- mission, which was appealed, becomes final . He pointed out that the Planning Commission will not meet prior to the next Council meeting on January 7, and that the specified time will have expired by then. Mr. Murphy stated that Mr. Rehberg' s language does not appear to be of a mandatory nature; however, Mr. Murphy does not desire to endanger a reconsideration and provoke the possibility of litigation by ignoring the clear mandatory language of the City Code. Mr. Murphy advised that staff has suggested that the appli- cant file a new map for an amended plan for new consideration that would require a public hearing. Councilman Pugh asked what the timeline is if a new plan is submitted. Mr. Perry responded that the key is in the EIR process. He said it appears the same EIR could be utilized and that the process would be approximately 90% the same. Mr. Pugh questioned what type of a fee is involved. Mr. Perry replied that the filing fee is $25. 00. Councilwoman Gard said she feels this is an inappropriate land use and that a conventional planned development would require far less grading and would be aesthetically more pleasing. She noted that adjacent land is developed with single family residences . Mr. Pugh said he thinks a planned development would offer more controls along with more units , but would increase the problems that are of concern such as impaction of traffic and increased density. He noted that because of the terrain of the property and its location adjacent to two freeways and the Sewage Treat- ment Plant, it will always have access and grading problems regardless of what is developed. Mr. Pugh said that in review- ing the Planning Commission minutes, he feels that Chairman Fitzpatrick was saying the Commission should have said yes or no at the outset with regard to this project. MOTION: Made by Councilwoman Gard that the appeal be denied thereby sustaining the action of the Planning Commission and referring the matter back to the Planning Commission. 424 Councilman Pugh asked if denial of the appeal forestalls the applicant from applying for a new permit. Mr. Murphy said he assumes the applicant will modify the density, design, and grading. Mayor Demsher asked if there was a second to the existing motion. 11 Councilman Fulton seconded the motion and the vote was unanimous ayes. Leonard Nelson, 1325 Walnut Avenue, said that Planning Commission Chairman Fitzpatrick had indicated that the Commission should have said no in regard to this project in the beginning. He said the Commission didn' t discuss or answer Council ' s questions but back peddled and didn' t respond to the issues. Mr. Nelson said they feel grading and erosion are very minor issues and desire one or two acre parcels developed with single family residences similar to the property across the freeway. Councilman Pugh advised Mr. Nelson that Council had reviewed the minutes of the Planning Commission meeting regarding this issue. SETTING PUBLIC HEARING - Appeal of Use Permit UP-309-79 Planning and Community Development Director Perry reviewed his memo to Council dated December 12 , 1979. He stated that Mark McGehee has appealed the approval of Use Permit UP-309-79 , which was approved by the Planning Commission at its regular meeting of November 27, 1979. Said permit grants John Trussell permission to construct a two-story, 12-unit apartment complex on property located at 2424 Victor Avenue. It is recommended that this item } be set for public hearing on January 7, 1980 at 7 : 30 P .M. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application PD-7-79 by Frank Coughlin Councilman Pugh abstained from discussion and voting on this item Planning and Community Development Director Perry reviewed his memo to Council dated December 12, 1979. He stated that at its regular meeting of December 11, 1979, the Planning Commission unanimously recommended approval of Rezoning Application PD-7-79 , by Frank Coughlin, proposing to develop a 56-unit planned develop- ment on property located generally north of Hilltop Drive and east \l\L\, of Interstate 5. The area was shown on the Vu Graph. It is recommended that this matter be set for public hearing on January 7 , 1980 at 7: 30 P.M. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes with Councilman Pugh abstaining. TENTATIVE SUBDIVISION MAP - Hi-Land Subdivision Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Hi-Land Subdivision, subject \U to fourteen conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. 425 TENTATIVE SUBDIVISION MAP - Ivy Hill Subdivision Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Ivy Hill Subdivision, subject Ic ;1 to nineteen conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. TENTATIVE SUBDIVISION MAP - Abish Court Subdivision Planning and Community Development Director Perry reviewed his memo to Council dated December 12, 1979. He stated that at its regular meeting of December 11, 1979, the Planning Commission granted Ruth King permission to create 11 duplex lots on 2 . 25 acres located at 3615 Churn Creek Road. Council was provided a list of the conditions and the area was shown on the Vu Graph. Condition No. 12 of the tentative map requires the developer to acquire an additional ten feet of right of way out to Churn Creek Road for a street. Mr. Perry advised that presently, the developer has 40 feet of frontage on Churn Creek Road. Although the City ' s standard right-of-way width for this length of street is 56 feet, Ic: j the Commission did reduce the right-of-way requirement to 50 feet. It is the staff recommendation that, if the developer is unable to acquire the right of way, Council authorize use of the City ' s power of eminent domain, subject to the developers being responsi- ble for all costs. Mr. Perry advised that the owner of the duplex appeared before the Planning Commission and registered her opposition. He said that 5 ft. of the right of way will be used for sidewalks. City Attorney Murphy asked if the developer is in agreement with this procedure. Mr. Perry responded that they have not filed an appeal. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Planning Director. The Vote: Unanimous Ayes GENERAL PLAN AMENDMENT GPA-7-79 Planning Director Perry requested that General Plan Amendment GPA-7-79 be referred back to the Planning Department due to improper notification of property owners. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated request of the Planning Director. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Annexation No. 79-12 , Henderson Road Planning and Community Development Director Perry reviewed his memo to Council dated December 12 , 1979. He stated that at its regular meeting of November 7, 1979, the Local Agency Formation Commission approved the annexation of approximately 23 acres along Henderson Road to the City. The area was shown on the Vu Graph. Mr. Perry advised that since not all property owners or registered voters signed the petition, the next step in the process is a protest hearing. It is the staff recommendation that Council adopt the prepared resolution setting a protest hearing for 7 : 30 P.M. , January 21, 1980. Councilwoman Gard questioned if the boundary is located in the center of the Sacramento River. 426 Mr. Perry responded in the affirmative. City Attorney Murphy asked Council if it wishes to proceed with this annexation at this time in view of the County' s failure to act on the property tax allocation issue. Councilman Pugh responded that Council can proceed; however, such action is ineffectual until an agreement is reached with the County. Mr. Murphy apprised Council that the City is providing such services as police and fire protection, and utilities , without any tax compen- sation. Resolution Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 79-251 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annexation to the City of Redding of inhabited territory described herein and lf\v� designated City of Redding Annexation No. 79-12 (Henderson Road) and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-251 is on file in the office of the City Clerk. REPORT RE INTERSECTION OF SOUTH BONNYVIEW ROAD, EASTSIDE ROAD, AND HIGHWAY 273 Planning and Community Development Director Perry submitted a report entitled, "South Bonnyview/Highway 273 Intersection Analysis" prepared by the Planning Department, December 7, 1979. Mr. Perry said the report studies the future street needs of said intersection and outlines various alternatives that could be implemented to provide for the anticipated traffic volume and to reduce congestion. At its regular meeting of December 11, 1979, the Planning Commission referred the report to Council for initiation of a plan line for the relocation of Eastside Road to the east. Alternate 4A depicts schematically the relocation. The Planning Commission reviewed the report in conjunction with the environmental assessment of two (V) projects in the area. It is the staff recommendation that Council authorize staff to prepare a plan line for Alternate 4A as discussed in the report. Councilman Fulton advised that he had received several protests from property owners pertaining to the proposed cul de sacs . Mr. Perry responded that Councilman Kirkpatrick had advised that he had also received a protest in this regard. Mr. Perry said the City could not encourage through traffic to that area. Councilman Pugh asked Mr. Perry what the main objective is in this request. Mr. Perry responded that it is projected that by 1990, this inter- section will carry the same amount of traffic as Cypress and Market Streets. Staff is attempting to provide stacking lanes for traffic entering Highway 273 from South Bonnyview Road, which is delayed by the train. Senior Assistant Planner King noted that studies indicate that an eight-minute delay causes a 27-car backup. 427 Considerable Council discussion ensued on the traffic problems in this area. Traffic Engineer Hamilton said he is concerned with traffic entering Highway 273 at South Bonnyview and Eastside Roads , noting that the Bonnyview traffic has a hard time moving on a green light. Mr. Hamilton feels the frontage roads are located too close to the railroad tracks and that the intersection should be shifted easterly to allow some distance between Highway 273 and the stacking lane. Public Works Director Arness said this matter should be studied by the Traffic and Parking Commission for development of ideas on how to best proceed. He stated that the goal of the staff is to reserve right of way: for future traffic growth, which is pro- jected to be extensive by the year 1990. He said that a project of this magnitude will require considerable study and that public hearings will be held for input. Mr. Perry said that action will have to be taken on the Viacom use permit soon. Jerry Brown, 1438 Sacramento Street, representing Viacom, said they have expended $139, 600 improving their parcel, including installation of a microwave tower, which was approved by use permit approximately a year ago. Presently they have a use permit before the Planning Department for their building and have learned that the City has a proposal for realignment of Eastside Road which could take 30 ft. of their property. He said that a gas tank has already been install- ed which would have to be removed and said proposal would eliminate 10 of their parking spaces. He requested that the City consider taking the entire 60 ft. of required right of way from the neighbor- ing parcel rather than 30 from each parcel, which would cause Viacom a great deal of hardship. He said it is important to them to know whether the City intends to abandon this proposal or will proceed. Larry Stogdell, P.O. Box 1315 , Rohnert Park, representing the shop- ping complex, said their request was filed with the City in July and they would appreciate a decision as soon as possible. He said he would meet with staff for the purpose of discussing his concerns. Mr. Perry recommended that Council authorize plan lines for Alternate 4A, as discussed in the referenced report. Mayor Demsher indicated concern with endorsing Alternate 4A without exploring other alternatives and recommended that Council proceed cautiously. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the aforestated request of the Planning Director. The Vote: Unanimous Ayes PROPERTY ACQUISITION FOR CLEAR ZONE Planning and Community Development Director Perry reviewed his memo to Council dated December 13, 1979. He stated that in 1978 , after preparation of a noise-contour study for Benton Airpark, staff recom- mended the City acquire land on the north side of Placer Street, west of Almond Street, for an airport-approach and noise-control area. The area was depicted on the Vu Graph. Mr. Perry said that ) V0 although Council received the recommendation, the Council minutes do not reflect any action having been taken. It is the staff recom- mendation that Council authorize the City Attorney to proceed with the acquisition and authorize the Mayor to sign the necessary docu- ments. 428 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request of the Planning Director. The Vote: Unanimous Ayes PARKING PROHIBITION - Downtown Loop Traffic Engineer Hamilton reviewed his memo to Council dated December 12 , 1979. He stated that at two regular meetings of the Traffic and Parking Commission, to which merchants on the downtown loop were invited, consideration was given to the recommendation of the Police Department that parking be prohibited after 10 : 00 p.m. on the "loop" in an effort to combat the noise and vandalism problems. At its meeting of December 10, 1979, the Commission, in deference to the request of three of the merchants to retain parking essential to their businesses, voted unanimously to recommend to Council that parking be prohibited from 10 : 00 p.m. to 6 : 00 a.m. on Friday and Saturday nights as follows: West side of California Street between Tehama and Yuba Streets Both sides of California Street between Sacramento and Gold Streets Both sides of Gold Street between California and Pine Streets Both sides of Pine Street between Gold and Shasta Streets ()--, Both sides of Shasta Street between Pine and Market Streets \J West side of Market Street between Shasta and Tehama Streets V' North side of Tehama Street between Market and California Streets If Council concurs with this proposal, it is recommended that the prepared resolution be adopted. Mr. Hamilton said that objections to this proposal were received from the Pioneer Liquor Store, Jack' s Grill, and the Lorenz Hotel. Mayor Demsher questioned if other Council Members felt such a move might transfer the problem to other side streets in the area. Councilman Pugh noted that the side streets would be less lighted and patrolled. Police Chief Whitmer advised that this is an experimental plan and could be rescinded if it doesn' t work. Councilwoman Gard said she is in favor of giving it a try and if it is found it doesn' t work, the resolution should be rescinded immediately. Councilman Fulton asked if such a proposal would require additional manpower. Chief Whitmer replied that the City presently commits extra manpower on weekends and he doesn' t anticipate any increase. Mayor Demsher noted that there doesn' t appear to be any communities in the State of California who have successfully overcome this problem. Councilman Pugh questioned the nature of the vandalism. Chief Whitmer replied that the Lewis & Son Shell Station has expended hundreds of dollars on claims for damage, Shasta Glass has had its 429 drain pipes pulled down, Waterbed Workshop had its windows broken, and one of the motels has repeatedly had to refund money to patrons who have decided against staying overnight due to the noise and commotion. Mayor Demsher said that if Council adopts said resolution and the problem is transferred to other areas, it will not only have to rescind the resolution, but will, in effect, have surrendered to the problem. He feels the matter should be weighed very carefully and that the decision made should be one of a permanent nature. He suggested that information be obtained from other cities , and perhaps other States, to determine how they are dealing with similar problems. Chief Whitmer stated he doesn' t feel the City will be able to stop the cruising, but the problem of vandalism and loud music needs to be reduced. Mr. Pugh doesn' t feel he is ready to adopt the resolution this evening, but that the problem needs additional study. He feels adoption of the resolution may cause additional problems and Council needs to be innovative in providing a solution. Vi Klaseen, 595 Mary Street, requested that Council find out from other cities if anything has been done to provide for the needs of the individuals rather than provision only in the area of additional policing, which is a negative aspect. Mayor Demsher responded that he has dealt with kids all of his professional life, and that he feels 80% of the kids on the street don't want to do anything else nor take advantage of anything society provides for them. Cruising the streets is their social activity which they enjoy and they aren' t interested in anything else. He said it is a sociological phenomenon. Mrs. Klaseen said she hopes there are other directions to take, in addition to policing, but admitted it sounds like an impossible situation. Mayor Demsher said it appears the persons creating the problem don' t see it as a problem at all. Mrs. Gard said she would be interested in hearing from The Center and Parks and Recreation Department with regard to this situation. Mayor Demsher instructed the Police Chief to obtain information from other cities for presentation to Council at its second meeting in February, 1980. PARKING PROHIBITION - Placer Street at Market Street Traffic Engineer Hamilton reviewed his memo to Council dated December 12, 1979, stating that in regular session on December 10, 1979, the Traffic and Parking Commission voted unanimously to recommend to Council that parking be prohibited at all times on the north side of Placer Street, for 20 feet west and 120 feet east of the west curb line of Market Street, extended, and on the south side of Placer Street for 45 feet west of the west curb line of Market Street. Mr. Hamilton said this action will improve visibility of the crosswalks. //3 ,3 A resolution has been prepared for Council consideration. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-252 be adopted, a resolution of the City 430 Council of the City of Redding prohibiting parking at all times on Placer Street at Market Street. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-252 is on file in the office of the City Clerk. INSTALLATION OF STREET LIGHTS - Star and Sacramento Drives Traffic Engineer Hamilton reviewed his memo to Council dated December 12, 1979. He stated that on November 19, 1979, Council referred to the Traffic and Parking Commission a petition from Wanda Williams requesting street lights and speed barriers on Star and Sacramento Drives. The Commission considered the matter at its meeting on December 10, 1979. The Traffic Engineer stated that staff advises against the use of bumps or grooves for speed control but that street lights should be installed where needed \,\.0 for safety. The Commission voted unanimously to recommend to Council that the Electric Department be instructed to determine the locations for installation of street lights. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the aforestated recommendation of the Traffic Engineer. The Vote: Unanimous Ayes PARKING PROHIBITION - Placer Street West of Chestnut Street Traffic Engineer Hamilton reviewed his memo to Council dated December 12 , 1979. He stated that in regular session on December 10, 1979, the Traffic and Parking Commission considered a request to prohibit parking at all times on the north side of Placer Street for a distance of 50 feet west of the west curb line of Chestnut Street, to improve visibility. The Commission voted unanimously to so recommend to Council. .;h A resolution has been prepared for Council consideration. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-253 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on the north side of Placer Street west of Chestnut Street. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-253 is on file in the office of the City Clerk. PARKING PROHIBITION - Churn Creek Road South of Loma Vista Drive Traffic Engineer Hamilton advised Council that in regular session on December 10, 1979, the Traffic and Parking Commission considered a staff recommendation to prohibit parking at all times on the west (�> side of Churn Creek Road for a distance of 50 feet south of the An- south curb line of Loma Vista Drive, to improve visibility. The Commission voted unanimously to so recommend to Council. A resolution has been prepared for Council consideration. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-254 be adopted, a resolution of the City 431 Council of the City of Redding prohibiting parking at all times on the west side of Churn Creek Road south of Loma Vista Drive. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-254 is on file in the office of the City Clerk. INSTALLATION OF STOP SIGN - Parkview at Freebridge Street Traffic Engineer Hamilton stated that in regular session on December 10, 1979, the Traffic and Parking Commission considered a staff recommendation to install a stop sign for eastbound traffic on the old Parkview Avenue at Freebridge Street, and voted unani- mously to so recommend to Council. A resolution has been prepared for Council consideration. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-255 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by establishing a "Stop" sign on old Parkview Avenue at Freebridge Street. Voting was as follows : Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-255 is on file in the office of the City Clerk. AWARD OF BID - Pavement Markers Public Works Director Arness reviewed his memo to Council dated December 11, 1979. He submitted a tabulation of bids received and opened on November 27, 1979, for placement of pavement markers on various streets in the City of Redding. The low bid in the amount of $24, 719. 41 was received from Rayalco, Inc. of Angwin, California. This project is included in the 1979-80 budget, and D C the expenditures are 100 percent refundable under the Highway Safety Act. Written approval has been received from Caltrans to award this bid to the low bidder. It is the staff recommendation that Council adopt the prepared resolution approving an agreement with the State Department of Transportation covering engineering services in connection with this program. It is further recommended that the project be awarded to Rayalco, Inc. , in the amount of $24 , 719 . 41. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 79-256 be adopted, a resolution of the City Council of the City of Redding approving an agreement with the State Department of Transportation covering engineering services in connection with City' s raised pavement marker program. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-256 is on file in the office of the City Clerk. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the recommendation of the Public Works Department that 432 Bid Schedule No. 1153, Pavement Markers on Various Streets in the City of Redding, be awarded to Rayalco, Inc. on their low bid in the amount of $24 , 719. 41. Voting was as follows : Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick AWARD OF BID - Bond Street 6-Inch Water Line Replacement MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the recommendation of the 'Public Works Department that Bid Schedule No. 1158 , Construction of Bond Street 6-Inch Water Line Replacement, be awarded to Drumm Construction Inc. on their low bid in the amount of $31, 916. 50. r)-V Voting was as follows : Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick RESOLUTION REJECTING BIDS - Enterprise High School Swimming Pool Electric Heating System Public Works Director Arness submitted a tabulation of bids received and opened on November 20, 1979 for installation of an electric boiler for heating the new swimming pool at Enter- prise High School. The low bid in the amount of $48 , 081 was received from Northern Industrial Electric; however, said bidder does not have the proper contractor' s license to perform the work, and did not list a subcontractor with a proper license. The second lowest bid was received from Ed Hart Plumbing in the amount of $56, 700. The engineer' s estimate was $35, 000. It is the staff recommendation that the following action be taken: 1. The low bidder be disqualified due to a defective bid; 2. Rejection of the second bid which is 62% over the engineer' s estimate; 3. Council, by a four fifths (4/5ths) vote, authorize the Director of Public Works to proceed by Force Account to do the project. Mr. Arness said he has requested Bill Clabaugh to re-evaluate the long-term cost effectiveness of solar heating versus the electric boiler plan. No work will be done until that anaylsis has been received and evaluated. Councilwoman Gard asked about the possibility of obtaining grant money for this project. City Manager Brickwood responded that grants appear to be limited to homes and not available for swimming pools . Electric Director Simpson said he isn' t aware of any available money at the State level; however, it is being investigated. He added that feelers put out to the State Energy Commission for funds have been negative. Councilman Pugh questioned if the City would be delaying use of this facility by looking for funding which doesn' t appear to be available. Mr. Simpson stated that it is difficult for solar heat to be cost effective because it produces heating that is off-peak for power 433 • demands, and the City would pay a peak-power charge to WAPA for any supplemental heat. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-257 be adopted, a resolution of the City of Redding rejecting all bids for installation of a heating system at the Enterprise swimming pool, and directing that said project be performed for a favorable price by force account. Voting was as follows : Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-257 is on file in the office of the City Clerk. NOTICE OF COMPLETION- Construction of Parkview Avenue Extension - ACID to Park Marina Drive MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting the construction of Parkview Avenue Extension - ACID to Park Marina Drive, Bid Schedule No. 1113, as being completed = � L satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Redding Regional Wastewater System - Sunnyhill Lane Pump Station and Shasta Meadows Injection Station, Project No. C-06-1086-130 Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting the Redding Regional Wastewater System, Sunnyhill 3 � Lane Pump Station and Shasta Meadows Injection Station, Project No. C-06-1086-130, Bid Schedule No. 985, as being completed 73 satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes with Councilman Pugh abstaining NOTICE OF COMPLETION - Juniper School and Manzanita School Neighborhood Park Improvements MOTION: Made by Councilman Pugh, seconded by Councilman Fulton 1?)� accepting Juniper School and Manzanita School Neighborhood Park Improvements, Bid Schedule No. 1037, as being completed satisfacto- rily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes FEDERAL AID URBAN PRIORITY LISTS Public Works Director Arness submitted the 1976 and 1978 Federal Aid Highway Act Priority Lists to Council for consideration. He stated that the Federal Aid Urban funds are intended to be spent in those urban sections which benefit the traveling public S_/c� in that urban area. The agency staffs of the City of Anderson, City of Redding, County of Shasta, and Caltrans have attempted 3�c to allocate the funds to solve traffic problems in relationship to their population. It is the staff recommendation that said project lists be approved. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Public Works Director. The Vote: Unanimous Ayes 434 IRRADIATION DEMONSTRATION PROGRAM - for Sewage Sludge Public Works Director Arness advised that on two occasions, Council- woman Gard, the Superintendent of Wastewater Treatment and he met with representatives of CH2M Hill to hear a brief presentation on the beneficial uses of cesium-137 to sterilize sewage sludge. The program is a demonstration project which would permit public use of digested sludge otherwise disposed of at our City landfill. The City of Redding is one of seven cities nationwide being considered for one of three demonstration projects. Mr. Arness said that if Council feels the project has merit, CH2M Hill will study and report on the following: 1. A market survey to determine if there are practical uses for sludge in the Redding area. 2 . The economic benefits and costs associated with the use . of sludge. lJ 3. Public acceptance and public relations backup. 4. Sludge management practices. 5. A complete environmental impact assessment of all phases of sludge management and use. Mr. Arness advised that subsequent to the consultants completing the above work, the City will be advised whether or not it will be considered for one of the three demonstration projects. At that time, the City will know what costs are involved and evaluate the economic and marketing study. Council will also be in a po- sition to determine whether or not to enter into a contract with the Department of Energy and Environmental Protection Agency to develop the program. Councilwoman Gard wanted it made clear that this is a low-energy type radiation as opposed to the high-energy type used in nuclear bombs. CONTRACT AMENDMENT - Patterson, Stewart & Associates MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the contract amendment with Patterson, Stewart & Associ- ���� ates for Technical and Professional Planning and Urban Design Services, and authorizing the City Manager to execute same. The Vote: Unanimous Ayes RESOLUTION - Purchase of Kutras Parcel 14 - Turtle Bay MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-258 be adopted, a resolution of the City Council of the City of Redding approving the purchase of Kutras Parcel 14 - Turtle Bay, and authorizing the execution by the Mayor of the necessary documents to accomplish such purchase. �� Voting was as follows : Ayes: Council Members - Fulton, Gard, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-258 is on file in the office of the City Clerk. EASEMENT - Edward M. Clendinen Councilman Pugh abstained from discussion and voting on this item iV MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the Grant of Easement for road purposes , between the City of Redding and Edward M. and Thelma B. Clendinen, and authori- zing the Mayor to execute same. The Vote: Unanimous Ayes with Councilman Pugh abstaining 435 RESOLUTION - Renaming Certain Street Quartz Hill Road MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-259 be adopted, a resolution of the City Council of the City of Redding renaming a certain street in the City of Redding "Quartz Hill Road. " Voting was as follows: L1:1c7 Ayes : Council Members - Fulton, Gard, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 79-259 is on file in the office of the City Clerk. BUSINESS FROM THE FLOOR Mrs . Helen Faye Generes requested that her communication to Council dated December 13, 1979 be discussed under "Business from the Floor. " Said memo discusses the use of corrugated metal pipe in the City' s Storm Drains as opposed to concrete, and is on file in the office of the City Clerk. Helen Faye Generes, 2538 Waldon Street, appeared before Council and presented pros for use of corrugated metal pipe some of which are as follows: life time appears to be the same, and it is less costly. Mrs. Generes requested that Council give her request serious consideration. Council took no action in this regard. ROUTINE COMMUNICATIONS PUC Order instituting investigation re priority list of railroad grade separation projects Applications for Alcoholic Beverage Licenses Pietro' s Redding, 995 Hilltop Drive Donald and Lavern Mays, 2680 Bechelli Lane ADJOURNMENT There being no further business, at the hour of 9 : 20 P.M. upon a Motion by Councilman Pugh, seconded by Councilwoman Gard, the meeting was adjourned to 12 : 00 Noon, Friday, December 28 , 1979. Approved: Mayor ATTEST: Mildred L. Brayton, ty Clerk By C Ethel A. Richter Deputy City Clerk