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HomeMy WebLinkAboutMinutes - City Council - 1978-04-17I City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California April 17, 1978 The Pledge of Allegiance to the Flag was led by City Attorney Murphy. The invocation was offered by the Reverend Don Palmer of the Redding Good News Rescue Mission. The meeting was called to order at 7:00 P.M. by Mayor Demsher with the following Councilmen present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness, Planning and Community Development Director Harris, Chief of Police Whitmer, Director of Electric Simpson, Director of Personnel and Labor Relations Reynolds, Housing and Redevelopment Administrator Henson, Director of Parks & Recreation Riley, Assistant Director of Recreation Chambers, Superintendent of General Services Townsend, Associate Civil Engineer Hastings, Senior Associate Planner Perry, Traffic Engineer Hamilton, Airports Manager McCall, City Clerk Brayton 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 April 3, 1978, as mailed to each Councilman. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Redding Branch of AAUW In a communication to Council, the Redding Branch of AAUW invited Council members to its April meeting to be held at Shasta High School on April 21. Mr. Frank Gray, Planning Development Director of the City of Petaluma will be the featured speaker and his subject will be how Petaluma has implemented their plan for controlled community ��.growth. \ 'r Mayor Demsher asked if staff was aware of this meeting. Planning and Community Development Director Harris said it was. PACE Engineering - Determination re Red Banks Subdivision Assessment District Council agreed to consider this item at a later point in the agenda after consideration of Improvement Bond Financing for the development of subdivisions. Please see Page 95. Shasta Trinity National Forest - Ski Shasta Corporation's Ski Proposal Council reviewed this information item from the Shasta Trinity National Forest office. At its March 6, 1978, meeting, Council adopted a resolution in support of the continuation of skiing on Mt. Shasta advising the Shasta Trinity National Forest of this action. Shasta Trinity National Forest advised that the area which the Ski Shasta ,0) Corporation proposes to use is a part of the Mt. Shasta Wilderness Study Area which cannot be considered for other use or development until the question of wilderness classification and associated boundary considerations have been made. At the time public hearings on the wilderness are underway, Council's action will be considered. Council was encouraged to submit supplemental information if it desires. State Department of Parks & Recreation - Old City Hall in National Register i\ \ In a communication to Council, the State Office of Historic Preser- vation advised that the consideration for listing the Old City Hall in the National Register of Historic Places will be considered by the State Historical Resources Commission at 10:00 a.m., May 10, 1978, in the City Council Chambers of City Hall in Alameda, California. 1 I I M Councilwoman Gard asked if the City should be represented at that meeting. Planning and Community Development Director Harris said that it was not necessary for anyone to attend. He advised that this was a routine matter and the State had all of the information for submittal of the request. Councilwoman Gard said many of the old private residences in the area that would qualify for listing are gone. She encouraged a study of those remaining to determine their qualifications. Mr. Harris advised that such a basic study had been done in the past. J Mayor Demsher requested that the study be revived and a determination made as to which residences qualify and the attitude of the property owners. Shasta County Fire Chief's Association - Activities for Firemen from Frankfurt, Germany City Clerk Brayton read the communication from Everett Speulda of the Shasta County Fire Chief's Association inviting Council members to the activities planned for the firemen visiting the Redding area from Frankfurt, Germany. Mr. Everett Speulda appeared before Council and advised that the Redding firemen wished to reciprocate, by means of planned activities, for the fine welcome they received on their visit to Frankfurt, Germany. Mr. Speulda requested that a proclamation be adopted declaring the week of June 4 as Redding Firemens' Week. Mayor Demsher asked the City Attorney to prepare such a proclamation for adoption at the May 1 Council meeting. Vern Gentry - Extension of Water Line Councilman Pugh abstained from discussion and voting on this item. In a communication to Council, Vern Gentry advised that some years ago, the Council gave him permission to extend the 6 -inch water line on Walker Mine Road. After arranging for financing of the 6 -inch line, he was advised that a water master plan has since been made and approved which now requires an 8 -inch extension. Mr. Gentry requested that the City participate in the amount of the oversizing from a 6 -inch line to an 8 -inch line. Associate Civil Engineer Hastings stated that the proposed extension is on Walker Mine Road off Lake Boulevard at the north end of the Old Buckeye County Water District. Mr. Hastings said Mr. Gentry has a unique request because normally extensions are made commencing at the City boundary, but that Mr. Gentry's request is for extension of a line lying 1000 feet from the City boundary within the Old Buckeye County Water District. He said the City has a length of old 6 -inch steel pipe that drops to 2 -inch which is badly worn and is causing maintenance problems. Mr. Hastings said that the City would gain by participating in the oversizing because it will do away with the old 2 -inch line and solve the maintenance problem of that length of pipe. As proposed, the City would pay the difference in the invoice price for labor and materials between the six-inch and 8 -inch pipe plus a factor of 15 percent to 20 percent handling fee. Financial arrange- ments for laying the line have been worked out by Mr. Gentry and another property owner. Mr. Hastings said that a reimbursement agree- ment is not viable for Mr. Gentry. City Attorney Murphy advised members of Council that an imposition has been placed on the City by LAFCO to give service to the remainder of the Old Buckeye Water District. The City is the only feasible source that can serve domestic water to the property where Mr. Gentry lives. Mr. Murphy said that if Council agrees with the staff re- commendation, he urges approving the request on the basis of the individual unique feature of this particular case and that it does not constitute a precedent in any existing City policy. 3 EI 3 Vern Gentry said that the cost for increasing the pipe from a 6 -inch line to an 8 -inch line is $3.00 per foot for a distance of 1000 feet plus the handling charge. Public Works Director Arness said the line lying outside the City might be the area for which we would desire a reimbursement agreement. City Attorney Murphy said a reimbursement agreement could be filed at a later date. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the City participate in the amount of the oversizing from a 6 -inch to an 8 -inch line for that area outside of the City but within the Buckeye County Water District, as requested by Mr. Gentry, plus 15 percent for handling fees. The Vote: Unanimous with Councilman Pugh abstaining PROCLAMATION - California's Forgotten Victims Week MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the Proclamation for California's Forgotten Victims Week, April 24-28, 1978. The Vote: Unanimous Ayes REAPPOINTMENTS A..list;of Commission members whose terms of office expire May 1, 1978, was submitted to Council.. Each of the persons listed has indicated a willingness to serve another term of office on the respective Commissions. Council con- sideration was requested. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the reappointment of the following Commission members: Airports Commission - 3 -year term Frank Wilson Donald R. Kennedy Parks & Recreation Commission - 3 -year term �j Marjorie Shuman J Eugene Toten Eugene Michelson Planning Commission - 4 -year term Paul Bodenhamer .J� Traffic & Parking Commission - 3 -year term Tom Arnold The Vote: Unanimous Ayes Councilwoman Gard suggested that Council consider expanding the Commissions so the workload could be shared more equally. Mayor Demsher appointed a Committee composed of Councilwoman Gard and Councilman Kirkpatrick to study the pros and cons of expanding the Commissions, with special emphasis on the Traffic and Parking Commission and the Parks and Recreation Com- mission. Because expansion of the Planning Commission involves State laws, it will not be considered. The Committee will report its findings back to Council at a later date. PUBLIC HEARING - Amendment of City Conflict of Interest Code The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the amendment of the Redding Municipal Code pertaining to: / a) Conflict of Interests b) Conflict of Interest Code for Members of the ! City Council and the City Manager c) Conflict of Interest Code for Designated Officers and Employees of the City of Redding M9 The following document is on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. City Attorney Murphy gave a brief summary of each proposed ordinance. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1377 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 2.04 of the Redding Municipal Code by repealing Sections 2.04.270, 2.04.280, 2.04.290, 2.04.300, and 2.04.310, pertaining to conflict of interest. Councilman Pugh offered Ordinance No. 1378 for first reading, an ordinance of the City Council of the City of Redding amending Title 2 of the Redding Municipal Code by adding thereto Chapter 2.89, a conflict of interest code for members of the City Council and the City Manager. Councilman Pugh offered Ordinance No. 1379 for first reading, an ordinance of the City Council of the City of Redding amending Title 2 of the Redding Municipal Code by adding thereto Chapter 2.90, a conflict of interest code for designated officers and employees of the City. PUBLIC HEARING - Appeal of Marcus and Rod Martin (Pop Shop) The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the appeal of Marcus and Rod Martin re revocation of Use Permit UP -52-77 by the Planning Commission. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing )� I Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 4-13-78 The City Clerk advised Council that no written protests had been received. Mrs. Brayton advised Council that one written communication had been received from Richard E. Haake of the Shasta Union High School District supporting the Planning Commission's denial of the Use Permit. Mr. Harris stated that the permit for the game room was first approved by the Planning Commission on March 8, 1977, subject to a three-month renewal period. On July 12, 1977, the Commission renewed the permit Planning and Community Development Director Harris reviewed his memo to Council dated April 13, 1978, which memorandum is made a part of these minutes by reference. He said that at the regular meeting of the Planning Commission on February 28, 1978, by a vote of five to one, it did not renew Use Permit UP -52-77, granting David Martin permission to operate a game room on property located at 2315 Eureka Way, in a "C-2" Central Commercial District. A map was submitted to Council depicting the location of the property, along with letters from the Shasta Union High School District officials, and the Planning Commission minute excerpts of February 28, 1978, July 12, 1977, and March 8, 1977. Mr. Harris said that subsequent to the Commission's action, the applicant has appealed to the City Council "on the grounds that the decision rendered was based on unwarranted and unfactual representations and that the use requested is compatible and desirable in view of the area and surrounding businesses." The letter of appeal from the applicant's attorney, John Dunlap, was submitted. Mr. Harris stated that the permit for the game room was first approved by the Planning Commission on March 8, 1977, subject to a three-month renewal period. On July 12, 1977, the Commission renewed the permit ON for a period ending December 31, 1977. At both the March 8 and July 12 meetings, the School District opposed the use. Mr. Harris said that at the outset, the applicant opened a retail pop shop and reopened the gas station that had formerly been the principal use of the property. At that time, two game machines were installed. He said the game room portion of the business now has two billiard tables, a Foosball table and nine pinball, or similar, machines. Mr. Harris said that in approving a use permit, the approval incorporates the following findings: �\ "That the establishment, maintenance or operation of the use \ of the building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property." Mr. Harris said it was the opinion of the Commission, based on the testimony presented, that the game room activity did not meet all the criteria necessary for the granting of a use permit and was not a suitable activity in the vicinity of a school. In the motion, the Commission allowed the applicant thirty days to cease operation of the game room function. Mr. Harris said it is the recommendation of the staff that the Council uphold the decision of the Planning Commis- sion and deny the appeal. The following persons appeared before Council requesting that it uphold the findings of the Planning Commission in denying the permit stating that the basic essential factors in making their decision for closure of the Pop Shop are: improper environment around a school; inducement for absenteeism from school; their business detracts from ability of those in charge to handle the situation; business is an attractive nuisance; jay walking endangers the lives of the students, and the business encourages truancy. Kenneth Kelly, 6912 Placer Road Frank Bernard, Central Valley Galen Lewis, 2056 Victor Avenue David Spainhower, Vice Principal, Shasta High School Marcus Martin, the applicant, made a lengthy presentation in defense of the Pop Shop. An outline of his comments was submitted to Council and is on file in the office of the City Clerk. Mr. Martin said that the students jaywalk across Eureka Way because of the location of the Nova High School driveway which is some distance from the pedestrian crossing. He stated that he has placed signs in his business asking the students not to jaywalk. He felt the student cooperation has been good. 1 \ In his presentation, Mr. Martin said that at the beginning of the \� school year, parents came to him and said they had been advised during registration of their students at Nova that if they didn't want their kids to get killed crossing Eureka Way, to write the City Planning Commission to get rid of the Pop Shop. Mayor Demsher countered that during the parent -teacher conferences held at Nova High School, parents asked what they could do about the Pop Shop as it appeared to be a bad influence on their children. The parents were advised that they could write the Planning Commission objecting to the renewal of their permit for operation. Mr. Martin said that when he opened his gas station business prior to 8:00 a.m. in the morning, the students were there. He advised Council that in order to illustrate his cooperation, for the past month he has voluntarily chosen to open his business at 9:30 a.m. so that the students would go on to school. Councilman Pugh asked Mr. Martin if there are students there and what they do prior to his opening for business. 1 F1 Mr. Martin replied that some parents drop their children off there, like a bus stop, but that he doesn't go to his place of business prior to opening, so doesn't know what they do. In defense of his position, Mr. Martin played a tape interview with Mr. Darrel Rumble, Manager of Safeway Market, and Ms. Charlene Hogue, Office Manager of Ralph I. Sharp & Son Insurance Company, which businesses are located in the Arcade Shopping Center. Persons inter- viewed stated that prior to opening of the Pop Shop, the students from the various schools would sit in the doorways of their business estab- lishments and harass the patrons, and that particularly at Safeway, shoplifting was a major problem and the Police Department was called regularly with regard to this problem. It was felt that the Pop Shop gives the students a place to go and something to do on their lunch hours and the problems at the Arcade Center have lessened by about 90 percent since the opening of the Pop Shop. Jack Savard of Business Men's Assurance Company, was also interviewed by tape. Mr. Savard said he had encountered some foul language and problems in the area prior to the Pop Shop, but that it seemed to be much better now with the Pop Shop in existence. Mr. Martin submitted letters from the following in defense of allowing the Pop Shop to operate: Ronald T. Lim, Lim's Arcade Family Pharmacy Ralph Fast W. E. Caster, 3520 Sunset Drive Patricia Wall James Neubert, M.D. The following persons appeared in defense of allowing the Pop Shop to operate: Kathy Newberg, 3306 Lyle Susan Capfer, Pioneer Drive Sharon Hogan, 2406 Eureka Way Kurt Reichel, 1333 Chestnut Street Bob Russell, Principal, Pioneer High School, stated that the establish- ment of smoking areas in each of the high schools resulted in elimination of the problems at the Arcade Center which occurred prior to opening of the Pop Shop. Joseph Gyves, resident of Olinda, commended Mr. Martin for the presentation he made in protecting his interests. Mr. Gyves questioned the propriety of a member of Council giving testimony also as the Principal of a school involved. City Attorney Murphy said it was legal and did not constitute a conflict of interest as there is no economic interest in the result of the hearing, and it will not benefit him economically one way or the other. Mayor Demsher said that a distinction must be drawn between the game room and the function of the Pop Shop and service station. The issue is whether or not the game room should be allowed to continue. Mr. Demsher said there was no question in his mind that the congregating l� I of students at the Pop Shop from all three schools has been a relief to the shopping center; however, that relief actually occurred before the game room began. The issue is whether the game room is compatible with the area. Councilman Pugh asked Mr. Martin what his interest in the property was. Mr. Martin replied that he rented on a month-to-month basis from Wing Chan. Mr. Pugh asked Mr. Martin if the taped material had been presented to the Planning Commission at its hearings. Mr. Martin said that it had not. 92 City Attorney Murphy stressed that the issue before the Council was to determine whether or not this particular use (game room) should continue in this location and whether its existence is detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes Councilwoman Gard said that regardless of the outcome of the hearing, she urged that Cal Trans be contacted with respect to striping the cross walk and that the speed limit be painted on the street. �\ In reply to Councilwoman Gard's question as to what options Council has with respect to this matter, Mr. Murphy stated that Council could vote to: 1. Uphold the decision of the Planning Commission. 2. Approve the appeal. 3. Approve the appeal subject to certain conditions and return the matter to the Planning Commission. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the item be returned to the Planning Commission with a recommenda- tion that the Use Permit be approved subject to a later hour of opening as recommended by Planning Commission. The Vote: Unanimous Ayes REDDING SOFTBALL LEAGUE - Request for sale of beer at Redding Softball Park Parks & Recreation Director Riley reviewed the letter to Council from the Parks and Recreation Commission re the request of the Redding Softball League to sell beer at four softball tournaments to be held at the Redding Softball Park on the following dates: May 26, 27, 28 June 16, 17, 18 June 30, July 1, 2 August 25, 26, 27 and September 1, 2, 3, 4 Mr. Riley said the Commission discussed at length the problem alcoholic beverages have created in the total park system. Because the Commission finds it difficult to justify the sale of beer at the Redding Softball Park when there are so many problems with alcoholic beverages at our other park sites such as Caldwell and Lake Redding Park, the Commission recommends the request of the Redding Softball League to sell beer at their tournament be denied. In a letter to Council, Mrs. Barbara Lapp, 2911 Anita Street, endorsed the stand of the Parks and Recreation Commission not to allow the sale of beer in the park and requested that Council support the recommendation. She felt the City should set the example and not be in a position of encouraging the sale of alcoholic beverages on their land, especially where many of the players and spectators are under 21. Mayor Demsher asked if there have been problems in the parks when beer is sold by an organization. Mr. Riley replied that there were only two instances that he could recall, but that it is difficult to determine if beer drinking caused the problems and, if so, whose beer, because some persons bring their own. Councilman Kirkpatrick questioned the City's liability. City Attorney Murphy said that the City carries insurance and that when beer is sold by an organization, it is required to supply the City with an insurance certificate indicating their coverage meets the City requirements. 93 Mayor Demsher said he feels that maybe the only liquor that should be utilized in the parks is that which is sold by an organization. He said the City can hold an organization liable for crowd control, etc. Councilwoman Gard said she does not approve of the sale of beer in the parks. Mrs. Gard said that there would be a lot of 18-21 year-olds attending the games, and she did not want it to appear that the City endorsed the sale of beer in anyway which might encourage its use. Mrs. Gard agreed with the letter submitted by Mrs. Lapp. Councilman Fulton said that he didn't see any problem with allowing beer at the softball events as has been done in years past. Councilman Pugh said he felt the Parks and Recreation Commission was combining this type of use of alcoholic beverages with all other types of uses, the latter being the principal cause of problems in the park system. He felt that the two issues should be considered individually. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the request of the Redding Softball League to sell beer at its tournaments to be held on the dates requested. Voting was as follows: Ayes: Councilmen - Fulton, Kirkpatrick, Pugh and Demsher Noes: Councilwoman - Gard Absent: Councilmen - None CALDWELL PARK AND LAKE REDDING PARK - Recommendation for vehicular traffic Parks and Recreation Director Riley reviewed the memo to Council from the Parks and Recreation Commission. The Commission made the following recommendations in hopes of eliminating some of the vehicular problems and other problems taking away a park -site atmosphere where families and group -type functions meet: 1. Block off two cul de sacs in Caldwell Park 2. Block off portion of road through Lake Redding Park i 3. Prohibit parking on Rio Drive throughout Lake Redding and l Caldwell Park 4. Parking be authorized only in designated parking lots 5. Expand parking lot across from Municipal Swimming Pool 6. Construct parking lot on city -owned parking property north of the Senior Citizens facility Mr. Riley said that at a later date, it may be feasible to eliminate the circular road around the swimming pool although presently, they would like to have it remain open on a trial basis. Mr. Riley stated that this plan is experimental and subject to modification, but it is hoped that it will return the availability of the parks to the people. i A Vu Graph depicting the proposal was displayed for Council. Mr. Riley stated that the proposal is the result of studies made by a Committee made up of Councilwoman Gard, Councilman Pugh, City Manager Brickwood, City Attorney Murphy, Planning & Community Development Director Harris, Chief of Police Whitmer, Parks & Recreation Commission Chairman Riis, and himself. i Police Chief Whitmer is optimistic that the new traffic flow plan can be en- forced as proposed, and it will be helpful in lessening some severe drinking problems. Chief Whitmer said that 61 citations had been issued for underage drinking in the park on one weekend. Councilwoman Gard felt it was important to be certain the traffic flow through the park did not impact the residential areas off the Diestelhorst Bridge and Benton Drive. 94 City Clerk Brayton questioned the safety of those persons having to cross Benton Drive to the park from the proposed parking area. She suggested proposing a parking lot to be located easterly of Benton Drive. Mrs. Gard also made the request that in implementing this new plan, no parking whatsoever be allowed on the mound next to the Museum. Mrs. Gard said she believed young people belong in the park and sincerely hoped Council wasn't exchanging one problem for another. She desires that all age groups utilize the park facilities. Mr. Riley said that expanding the parking lot adjacent to the pool will accommo- date 125 additional cars. For normal daily attendance at the park, the parking will be adequate. Mr. Riley said that the cost for improvements including labor and materials would be approximately $4500.00. Public Works Director Arness said that intense improvements such as oiling the lot, etc., were not proposed. Councilman Pugh said that concrete blocks and poles would be used as an exterior around the lots. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Parks & Recreation Commission as submitted. The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 20, check nos. 56871 to 57056, inclusive, in the amount of $535,700.93 be approved and paid, and that Payroll Register No. 20, check nos. 14 98908 to 99415, inclusive, salaries in the amount of $248,343.75 for the period March 19, 1978 through April 1, 1978 be approved. Total $784,044.68 Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None TREASURER'S REPORT Councilman Pugh submitted the Treasurer's Report as of February 28, 1978, which \L� showed the Treasurer's Accountability to be $16,567,016.23. CLAIMS FOR DAMAGE - lst hearing Gloria M. Aiken - Claim filed 4/7/78 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Gloria M. Aiken on April 7, 1978 be approved in the amount of $25.75, based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes Mildred E. Thompson - Claim filed 4/12/78 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Mildred E. Thompson on April 12, 1978 be referred to the City Insurance Committee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of May 15, 1978. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Rochelle Anne McGowan - Claim filed 3/6/78 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that \ v the Claim for Personal Injury filed by Rochelle Anne McGowan on March 6, 1978, be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Sandra S. Furry - Claim filed 3/9/78 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Sandra S. Furry on March 9, 1978 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes IMPROVEMENT BOND FINANCING - For Development of Subdivisions The public hearing was opened and closed on this matter at the April 3, 1978, Council meeting. Council discussion and action was held over for consideration at this meeting. The Staff report and recommendations dated March 10, 1978, 95 are on file in the office of the City Clerk. Councilman Pugh indicated that after careful consideration of all the material presented relative to Improvement Bond Financing, he felt Council should not make a blanket policy for 1911 bonds. They could be utilized in cases where the City acquires subdivisions already in the development stage; however, in other cases, where a proposed subdivision might be on shaky financial grounds, he did not feel bonds should be used as up -front money. Mr. Pugh said that each request should come before Council for consideration on its own merit. He did not desire to say yes or no as a blanket policy. Councilman Fulton felt that Council should consider adopting the guidelines of the Assistant City Manager so that Council could make a firm decision one way or the other. In consideration of the four staff recommendations, Councilman Kirkpatrick said if the City is going to go along with the use of bonds, he did not feel the size of the development should be limited to 50 lots as proposed; however, he is in agreement with the other three guidelines proposed by Mr. Courtney. Councilwoman Gard said she did not wish for Council to be in the position of being the screening body for each request. She felt lending institutions were in business to perform this function. She said she felt that there are many times when bonding encourages speculation of shaky projects. She also added that it had not been adequately shown to her that bonding truly lowers housing costs. Mayor Demsher asked if the criteria used by El Dorado County in screening projects has been received. Assistant City Manager Courtney said it had been requested, but had not yet been received. Council also noted that the Jarvis -Gann Bill, if passed, will affect bonding. Mayor Demsher referred the matter back to the Assistant City Manager for additional information from the Bond Counsel re El Dorado County's policy, and then to meet with the Growth Management Committee. RED BANKS SUBDIVISION - Determination re Assessment District Councilman Pugh abstained from discussion and voting on this item. In a discussion of the request of Red Banks Subdivision regarding use of improvement bonds for financing public improvements, Assistant City Manager Courtney reviewed two methods used for financing such improvements; i.e., in one instance the subdivider builds the improvements, following the same procedure as though he had regular financing. When the improvements are complete, such improvements would be acquired by the City through the assess- ment district bond process. An alternate procedure involves the 1913 Improve- ment Act with 1911 Act bonds and, under'the 1913 Improvement Act, the improvements [7 to be built in the subdivision are designed, a project estimate is developed, U J and the bonds are sold at the beginning and then the City administers the project like any other public works project. City Attorney Murphy advised Council that until it makes a firm decision on Improvement Bond Financing (previous item), Council should defer action on this request from Red Banks Subdivision. Mayor Demsher deferred action on this matter until a decision is made re policy for use of improvement bonds. AWARD OF BID - Aluminum URD Cable MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving )(/ the recommendation of the City Manager that Bid Schedule No. 1003, Aluminum J URD Cable, be awarded to Consolidated Electrical Distributors in the amount of $182,596.24, sales tax included. The two apparent low bidders did not meet the specifications. Voting was as follows: Ayes: Councilmen - Fulton, Noes: Councilmen - None Absent: Councilmen - None Gard, Kirkpatrick, Pugh and Demsher TEL MED - Request for Installation of Medical Information Phone in Downtown Mall Assistant City Manager Courtney reviewed Tel Med's request to install a medical information phone in the Downtown Mall. At the April 3, 1978, Council meeting, the request of Tel Med was referred to staff for investigation and recommenda- tion. Mr. Courtney advised that the proposed location is in Pioneer Plaza on the north wall of Chuck's Coins and the owner of the building has granted Tel Med permission to install the phone. It will be installed six feet above the floor level, which will be out of reach of small children. All costs of installation and maintenance will be borne by Tel Med and if the facility becomes a nuisance or creates other problems, they will agree to remove it. If Council approves the request, it is recommended the motion clearly state that each request would be considered individually and the granting in no way establishes a precedent for approval of similar requests. Councilman Fulton questioned the need for this service when this information is accessible to each home by phone. Mayor Demsher felt this was an opportunity for this organization to raise the level of consciousness of medical problems in the community. Jay Hudson, 3709 Victoire, appeared before Council and said the increased calls into the Tel Med Center have indicated an expanded awareness of the program in the community. Even though thousands of brochures have been delivered, there still remain thousands of persons unaware of the preventative program being offered. \� �- Housing and Redevelopment Administrator Henson requests that, should Council approve this request, that placement and signing be approved by the Design Review Committee of the Redding Redevelopment Agency. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the staff recommendations as hereinbefore stated. Voting was as follows: Ayes: Councilmen - Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - Fulton Absent: Councilmen - None PROPOSED "911" EMERGENCY TELEPHONE PLAN Assistant City Manager Courtney reviewed his memo to Council dated April 12, 1978, in which it was pointed out that the Emergency Telephone Number "911" Law requires that on or before July 1, 1978, all public agencies must submit final plans for the implementation of the "911" emergency telephone procedure to the State of California Communications Division for approval. Mr. Courtney said that on January 16, 1978, the Council authorized Assistant Fire Chief Hans Henrich to represent the City of Redding on the Shasta County "911" 1 ) Committee. The Committee has been working on the coordination of the Telephone �System Plan for this geographic area and the coordination process is now �(J complete. Mr. Courtney submitted the proposed City of Redding "911" Emergency Telephone System Plan which Plan has been signed by authorized representatives of the County of Shasta, the State of California Highway Patrol and Division of Forestry, Med Com, Whiskeytown National Recreation Area, Shasta Community Services District, Buckeye Fire Protection District, and the Central Valley Fire Department. Mr. Courtney said formal Council approval of the Plan is being requested so that it can be submitted to the State of California Communi- cations Division prior to July 1, 1978. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the "911"Emergency Telephone System Plan as submitted and authorizing the City Manager to execute same. The Vote: Unanimous Ayes ORDINANCE - Dedication of Real Property within Subdivision Planning and Community Development Director Harris reviewed his memo to Council dated April 12, 1978, and submitted a draft ordinance pertaining to nonpark dedication in subdivisions. The negative declaration and initial study check- list were submitted to Council. Mr. Harris said the Subdivision Map Act now requires that specific enabling legislation be adopted by the local agency in order to implement the requirements for the dedication of streets, alleys, i 1 i 1 1 97 public -utility easements, bicycle paths, public -transit facilities, school sites, and waiver of direct access. At its regular meeting of April 11, 1978, the Planning Commission unanimously recommended approval of the ordinance and accordingly requests Council adoption. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard ratifying the decision of the negative declaration re ordinance for dedication of real pro- perty within subdivisions. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1380 for first reading, an ordinance of the City Council of the City of Redding amending Title 17 of the Redding Municipal Code by adding thereto Chapter 17.41, pertaining to dedications of real property within subdivisions. ORDINANCE - Reservation of land for public use within subdivisions Planning and Community Development Director Harris reviewed his memo to Council dated April 12, 1978, and submitted a draft ordinance pertaining to reservation of real property within subdivisions. The negative declaration and initial study checklist were submitted to Council. Mr. Harris said the Subdivision Map Act provides a procedure whereby land may be required to be reserved for public uses such as parks, fire stations, schools, etc., for acquisition by a public agency. In order to avail itself of this provision, the City must adopt a specific enabling ordinance. At its meeting of April 11, 1978, the Planning Commission recommended that Council adopt said ordinance. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard ratifying the decision of the negative declaration re the ordinance for reservation of land for public use within subdivisions. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1381 for first reading, an ordinance of the City Council of the City of Redding amending Title 17 of the Redding Municipal Code by adding Chapter 17.43, pertaining to reservations of land for public uses within subdivisions. ORDINANCE - Curb, Gutter, and Sidewalk Requirements Planning and Community Development Director Harris reviewed his memo to Council dated April 12, 1978, and submitted a draft ordinance pertaining to the re- quirements of curb, gutter and sidewalks along the street frontages of all new construction prior to the issuance of a certificate of occupancy or a building permit. The negative declaration and initial study checklist were submitted to Council. Mr. Harris said the proposed ordinance will provide a deferment of such requirements if the Public Works Department is unable to set grade for the improvements and will waive the sidewalk requirement if the Planning Com- mission has waived the requirement when the tentative map is approved. The ordinance also provides a waiver of curb and gutter on lots in excess of 20,000 sq. ft. if compliance has also been waived at the tentative map stage. (D� Mr. Harris said presently a discrepancy exists between those uses that develop on newly approved lots or under a use permit and those uses that develop on established lots and do not require a use permit. Uniformly requiring these improvements for all permits will eliminate these separate standards. Mr. Harris said that since curb, gutter, and sidewalks are almost never waived for lot splits, use permits, and subdivisions and since these improvements are necessary for pedestrian safety, street drainage, and protection of the edge of the pave- ment, it is felt that the time has come to make them a general requirement for all new construction within the City. At its regular meeting of April 11, 1978, the Planning Commission recommended that Council adopt said ordinance. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard ratifying the decision of the negative declaration re the ordinance for requirements on curb, gutter and sidewalk along street frontages of all new construction. Councilman Pugh offered Ordinance No. 1382 for first reading, an ordinance of the City Council of the City of Redding amending Title 16 of the Redding Municipal Code, pertaining to buildings and construction, by adding thereto a new Chapter 16.06, entitled "Curb, Gutter and Sidewalk Requirements." rl ABANDONMENT APPLICATION A-5-78 Planning and Community Development Director Harris reviewed his memo to Council dated April 12, 1978, advising that at its meeting of April 11, 1978, the Planning Commission unanimously recommended abandonment of an unimproved alley east of Magnolia Avenue. A Vu Graph was shown depicting the area. Mr. Harris recommended that Council support the Planning Commission's finding in declaring a negative declaration for this abandonment, and adopt the resolution submitted to Council setting a public hearing for 7:30 p.m., May 15, 1978, to consider the application. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard ratifying the decision of the negative declaration re Abandonment Application A-5-78. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 78-55 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon certain alley right of way located generally east of 915 and 925 Magnolia Street. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-55 is on file in the office of the City Clerk. ABANDONMENT APPLICATION A-6-78 Planning and Community Development Director Harris reviewed his memo to Council dated April 12, 1978. A map depicting the location of the right of way of Abandonment Application A-6-78 was submitted to Council. One of the adjoining -� property owners objected to the abandonment, and it was the staff's recommenda- tion that the right of way should be retained for use in the event that a Court Street -West Street one-way couplet is implemented. The Planning Commission at its meeting of April 11, 1978, unanimously recommended denial of the request for abandonment of an unimproved right of way for Schley Street, between West and Court Streets. Mr. Harris said that it is the recommendation of staff that the abandonment not be pursued further. Council took no action on this item. PANORAMA HEIGHTS SUBDIVISION - Grading Planning and Community Development Director Harris advised that at its regular meeting of April 3, 1978, Council directed staff to determine if a violation of the grading ordinance occurred on Jim Westlake's property located south of Summit Drive. The area was shown on the Vu Graph. Mr. Harris reported that about the middle of April, 1977, staff became aware of the grading occurring on the property. The Public Works Department sent a letter to the property owner on April 28, 1977, ordering all grading to cease. Mr. Harris said the grading ordinance was adopted on April 25, 1977, and became effective on May 25, 1977. To the staff's knowledge, no grading occurred on this property after May 25, 1977. This was an information item only and required no action by Council. TEN-HOUR PARKING METERS Traffic Engineer Hamilton reviewed the communication from the Traffic and Parking Commission to Council dated April 12, 1978. He said that in the regular \0\ \ session of the Traffic and Parking Commission on April 10, 1978, it voted Nunanimously to recommend to Council that the two-hour metered zones be changed to ten-hour metered zones at the following locations: The south side of Shasta Street from California Street eastward to the alley; The west side of California Street between Shasta and Tehama Streets; The east side of California Street from Tehama Street north to the Police Department driveway. Mr. Hamilton said the Commission also recommended a 30 -minute limited parking zone (unmetered) be established on the east side of California Street from Shasta Street south to the Police Department driveway. 1 I], 1 W Councilman Pugh said the purpose of meters is to make motorists move after a specified time is up, and he questioned why meters were used at all. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that this item be referred back to the Parking and Traffic Commission for report and recommendation re the elimination of meters in the areas previously listed. The Vote: Unanimous Ayes PARKING PROHIBITION ON PARSONS DRIVE Councilman Pugh abstained from discussion and voting on this item. Traffic Engineer Hamilton reviewed the Traffic and Parking Commission memo to Council dated April 12, 1978. He said that in its regular session on April 10, 1978, the Traffic and Parking Commission voted unanimously to recommend to Council that parking be prohibited at all times on the south side of Parsons Drive westward from Churn Creek Road on Clifton Powell's frontage, a distance of approximately 398 feet. Donna Ellis, 918 Parsons Drive, appeared before Council and stated that parking 113 must be prohibited on Parsons in order for her to utilize her driveway. If / parking is allowed, it blocks the use of the driveway. Inasmuch as it could not be determined that Clifton Powell (whose property fronts on Parsons) had received notice that this item was being considered, action on this matter was deferred until the May 1 Council meeting. ANGLE PARKING - South Street Traffic Engineer Hamilton said the Traffic and Parking Commission, at its meeting on April 10, 1978, unanimously voted to recommend to Council that 600 1 angle parking be installed on the north side of South Street for a distance of 190 feet easterly from West Street. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation and instructing the City Attorney to prepare the necessary ordinance. The Vote: Unanimous Ayes EXCHANGE CLUB FLY -IN BREAKFAST - Benton Airpark Airports Manager McCall said the Exchange Club of Redding is requesting permission to hold their annual Fly -In Breakfast at Benton Airpark on June 11, 1978. Mr. McCall said the event will begin with breakfast at 6:00 a.m. followed by re- I� lated aircraft events and displays. Subject to FFA approval, permission is also requested for inclusion of aircraft aerobatics and sky -diving demonstrations. It is the recommendation of the Airports Commission that permission be granted for this event. The necessary insurance coverage will be filed with the City. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the aforestated recommendation. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Demolition of Structures in Linden Canyon Area Public Works Director Arness said it is the recommendation of the Public Works Department that Council accept the completion of demolition of structures in �dl� the Linden Canyon Area (Bid Schedule No. 972), as being satisfactorily completed _ and that the City Clerk be authorized to file a Notice of Completion. Mr. Arness J l� noted that because of the apparent violation of the contract, namely, the use of an unlisted subcontractor, he requests that he be authorized to deduct a $500 penalty from the 10 percent retention 'due the contractor. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes NOTICE OF COMPLETION- Pumping Plant No. 2 - Third Pump Addition MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting 3 the project re the City of Redding Pumping Plant No. 2 - Third Pump Addition, J Bid Schedule No. 9041 as being completed satisfactorily, and instructing the City Clerk to file alNotice of Completion. The Vote: Unanimous Ayes AWARD OF BID - Municipal Airport Runway and Taxiway Extension MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the I� recommendation of the Public Works Department that Bid Schedule No. 1004, Construction of Municipal Airport Runway and Taxiway Extension, be awarded to Cal -Ore Constructors of Redding on their low bid in the amount of $385,919.35. 100 Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the agreement between the City of Redding and Material Testing and Inspection of Redding, re Municipal Airport Runway and Taxiway Extension Project, and authoriz- ing the Mayor to execute same. The Vote: Unanimous Ayes mission Line MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving L� employment of Wiley D. Davis to negotiate for acquisition of rights of way for vthe Keswick -Redding electric transmission line and authorizing the Mayor to sign said agreement on behalf of the City of Redding. The Vote: Unanimous Ayes ACCEPTANCE OF FINAL MAP - Churn Creek Meadows Subdivision, Unit No. 2 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Final Map, Churn Creek Meadows Subdivision, Unit No. 2, be accepted, that the City Clerk be instructed to file the map with the Shasta County Recorder, and the Mayor be authorized to sign the Subdivision Agreement. The Vote: Unanimous Ayes AGREEMENT - Alton O. Chatham MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ratifying the decision of the negative declaration re lease of 15.4 acres of City pro- perty to Alton 0. Chatham. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the agreement between the City of Redding and Alton 0. Chatham, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes AGREEMENT - Louderback's Fiddlebackers MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard ratifying the decision of the negative declaration re the lease of the concession building of the Redding Plunge to the Louderback's Fiddlebackers. The Vote: Unanimous Ayes 7 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the agreement between the City of Redding and the Louderback's Fiddlebackers Black Powder Gun Club, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes RESOLUTION - Abatement of Property at 2630 Freebridge Avenue (Owned by Derrick) MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-56 be adopted, a resolution of the City Council of the City i of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on property at 2630 Freebridge Avenue (owned by C. A. Derrick and Rachel Derrick). Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-56 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 78-24 re Abatement at 3141 Churn Creek Road MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 78-57 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 78-24, which declared intention to begin legal pro- ceedings of abatement on property at 3141 Churn Creek Road (owned by Vern D. Camp). Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-56 is on file in the office of the City Clerk. EMPLOYMENT OF WILEY D. DAVIS - Acquisition of Keswick -Redding Electric Trans- mission Line MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving L� employment of Wiley D. Davis to negotiate for acquisition of rights of way for vthe Keswick -Redding electric transmission line and authorizing the Mayor to sign said agreement on behalf of the City of Redding. The Vote: Unanimous Ayes 101 AGREEMENT WITH CALIFORNIA HIGHWAY PATROL - City Police Training Program MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 78-58 be adopted, a resolution of the City Council of the City of Redding �(u approving an agreement with the California Highway Patrol pertaining to a training program for City police to be provided by the CHP, and authorizing the City Manager to execute the necessary documents. The Vote: Unanimous Ayes AMENDMENT CORRECTING LEGAL DESCRIPTION - Southern Pacific Transportation Company Easement I b MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving an amendment correcting a clerical error in the legal description of an easement granted Southern Pacific Transportation Company. The Vote: Unanimous Ayes AGREEMENT - Artic Aire MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving _30 (C) the agreement between the City of Redding and Artic Aire pertaining to main- tenance of the air conditioning equipment in the new Police Department and City Council Chambers. The Vote: Unanimous Ayes EXCHANGE AGREEMENT - Oak Ridge Association At the request of City Attorney Murphy, action on this item was deferred. NOTICE OF PUBLIC HEARING - Ridgeview Subdivision Trunk Sewer Extension MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick setting a(� public hearing for 7:30 P.M. Monday, May 15, 1978, to reconsider the adoption of a Resolution of Public Convenience and Necessity for the acquisition of easements for the Ridgeview Subdivision Trunk Sewer Extension. The Vote: Unanimous Ayes ACQUISITION OF ELECTRIC FACILITIES IN THE CASCADE AREA l City Attorney Murphy advised Council that favorable action by the Public Utili- ties Commission for acquisition of the Pacific Gas & Electric electric facilities pp in the Cascade Community Services District is forthcoming, and he recommends LI (U the authorization of funds to pay for said acquisition be declared an urgency matter. The balance of the sales price is $1,284,766.00 after a $142,751.00 deposit. Mayor Demsher declared this matter an urgency item. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the payment of the balance of $1,284,766.00 to complete purchase of PG&E electric facilities in former Cascade Community Service District. The Vote: Unanimous Ayes EXECUTIVE SESSION - Re Pending Litigation At the hour of 11:00 P.M., the Mayor declared an Executive Session re pending litigation. At the hour of 11:25 P.M., the Mayor reconvened the meeting. BUENAVENTURA EMINENT DOMAIN ACTION - Settlement of Litigation MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving O settlement in the amount of $740.00 with Mieske, one of the defendants in the Buenaventura eminent domain action. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Applications for Alcoholic Beverage Licenses Kins' Hofbrau Le Chamois The Pizza Kitchen Notice of Western Union Telegraph Company application to the California Public Utilities Commission re proposed tariff changes Notice from State of California Controller re Apportionment of Trailer Coach Fees 102 Notice of Greyhound Lines, Inc., application to the California Public Utilities Commission re proposed rate increase in passenger fares and express rates PUC Decision re determination of gas and electric utility rate structure ATI.TnTMTxTMPTTT There being no further business, at the hour of 11:30 P.M., Mayor Demsher declared the meeting adjourned, to 7:30 P.M., Thursday, April 20, 1978. APPROVED: ATTEST: <a7br 1 1