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HomeMy WebLinkAboutMinutes - City Council - 1978-05-01114 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California May 1, 1978 7:00 P.M. The Pledge of Allegiance to the Flag was led by Airports Manager McCall. The invocation was offered by Lt. Frankhauser of the Salvation Army. 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 City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness, Electric Director Simpson, Housing and Redevelopment Administrator Henson, Senior Associate Planner Perry, Airports Manager McCall, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the minutes of the regular meeting of April 17, 1978, and the adjourned regular meeting of April 20, 1978, as mailed to each Councilman. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Redding Breakfast Lions Club - Request for Beer Concession at Rodeo Council Members Gard and Pugh abstained from discussion and voting on this item. Council reviewed a communication from James Walker, Concession Chair- man of the Redding Breakfast Lions Club, requesting permission to operate the Beer Booth Concession at the Shasta County Sheriff's Posse Rodeo on May 19 and 20, 1978. A memo to Council from Police Chief Whitmer indicates his approval of this request. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the aforestated request. Voting was as follows: Ayes: Councilmen - Fulton, Kirkpatrick and Demsher Noes: Councilmen - None Absent: Councilmen - None Abstain: Councilmen - Gard and Pugh D. C. Williamson - Placement of Residence at 1804 Chestnut Street in National Register In a communication to Council, D. C. Williamson requested that Council direct the Planning and Community Development Department to assist him in applying for placement of his residence at 1804 Chestnut Street, Redding, before the State Resources Agency for nomination to the National Register for Historical Places. i At its meeting of April 17, 1978, Council referred to the Planning Department the request for revival of the basic study re evaluating old residences in Redding for consideration of listing in the National Register. Senior Associate Planner Perry said this evaluation of old residences is accomplished on a time -available basis and,there- fore, moves ahead rather slowly. He said Mr. Williamson has discussed with his neighbors the placement of their homes in this Register and there are several others who have shown interest. Mayor Demsher referred this item to staff for study and recommendation. 1 1 115 DEPARTMENT OF ENERGY - Possible Funding for Lake Red Bluff Power Project City Clerk Brayton reviewed this communication from the Department of Energy advising that Redding's Proposal No. 2 (Lake Red Bluff Power Project) under the Program Research and Development Announce- �. ment has been selected for possible funding. Future funding will uJ depend upon the successful completion of negotiations with the U.S. Department of Energy. City Attorney Murphy said the City of Redding should be proud of the fact that Redding's project was one out of three chosen for possible funding for the entire State of California. PROCLAMATION - Firemen's Week in Redding r City Attorney Murphy read the proposed Proclamation to Council members j d� honoring professional firemen and welcoming the visiting firemen from Frankfurt, Germany. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the Proclamation for Firemen's Week in Redding for the dates June 4 - 10, 1978. The Vote: Unanimous Ayes REAPPOINTMENT - Economic Development Corporation of Shasta County l MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving J the reappointment of Dorothy B. Hamilton as a member of the Economic -7 Development Corporation of Shasta County for a. 2 -year term of office C ` ending May 1, 1980. The Vote: Unanimous Ayes APPOINTMENTS - Senior Citizens Facility Advisory Commission C, MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving ( the appointment of Glada Buel, Paul Fuchs, Christine Purcell, Margaret 1 �`7 Balma, Eugene Michelson, and the reappointment of Marjorie Shuman to the Senior Citizens Facility Advisory Commission for a 2 -year term of office ending May 1, 1980. 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. 21, check nos. 57057 to 57362, inclusive, in the amount of $2,622,322.68 be approved and paid, and that Payroll Register No. 21, check nos. 99416 to 99904, inclusive, salaries in the amount of $250,226.74 for the period April 2, 1978 through April 15, 1978 be approved. Total $2,872,549.42 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 March 31, 1978 which }<I l showed the Treasurer's Accountability to be $17,446,645.95. I CLAIMS FOR DAMAGE - lst hearing John R. Cooker - Claim filed 4/18/78 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick 3 that the Claim for Damage filed by John R. Cooker on April 18, 1978 I3 be approved in the amount of $22.00, based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes Droscher Equipment - Claim filed 4/20/78 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard 1� that the Claim for Damage filed by Droscher Equipment on April 20, 1978 be referred to the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of June 5, 1978. The Vote: Unanimous Ayes 116 \ P CLAIMS FOR DAMAGE - 2nd hearing Peggy Coonradt - Claim filed 3/27/78 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Peggy Coonradt on March 27, 1978 be approved in the amount of $47.92, based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes SETTLEMENT OF CLAIMS FOR DAMAGE - C.C. LeClair and Gwynn L. Giddings City Attorney Murphy advised by the following persons have in the amounts listed. Council that the Claims for Damage filed been settled by the City Insurance Carrier C. C. LeClair - Claim filed 3/27/78 - $121.00 Gwynn L. Giddings - Claim filed 3/9/78 - $255.90 ORDINANCE - Conflict of Interest MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1377 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1377 be adopted, 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. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1377 is on file in the office of the City Clerk. ORDINANCE - Conflict of Interest Code for Members of City Council and the City Manager MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1378 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Ordinance No. 1378 be adopted, 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. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1378 is on file in the office of the City Clerk. ORDINANCE - Conflict of Interest Code for Designated Officers and Employees of the City MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1379 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1379 be adopted, 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. e 1 117 Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1379 is on file in the office of the City Clerk. ORDINANCE - Dedications of Real Property within Subdivisions MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1380 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Ordinance No. 1380 be adopted, 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. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1380 is on file in the office of the City Clerk. C)d' ORDINANCE - Reservations of Land for Public Uses within Subdivisions MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1381 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes / L MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Ordinance No. 1381 be adopted, 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. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1381 is on file in the office of the City Clerk. ORDINANCE - Curb, Gutter and Sidewalk Requirements MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1382 be waived, and that the City Attorney � J / be instructed to scan same. The Vote: Unanimous Ayes / MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Ordinance No. 1382 be adopted, an ordinance of the City Council of the City of Redding amending Title 16 of the Redding Municipal Code, per- taining to buildings and construction, by adding thereto a new Chapter 16.06, entitled "Curb, Gutter and Sidewalk Requirements." Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1382 is on file in the office of the City Clerk. In relation to passage of this ordinance pertaining to curb, gutter and sidewalk requirements, Mayor Demsher requested consideration of an ordinance governing the use of tree wells. City Attorney Murphy said there are appropriate and inappropriate places for tree wells. 118 Senior Associate Planner Perry said the Planning Department recommends usage of tree wells in commercial areas only. Mayor Demsher said that main arterials into subdivisions might be an appropri- ate location for their use. City Attorney Murphy offered to review the City's present policy on the use of tree wells and report back to Council. RESOLUTION - Replacement of Police Vehicle City Manager Brickwood reported to Council that Police Patrol Unit No. 12 was damaged in a collision while chasing a suspect. The estimate of repairs exceeds 750 of the vehicle's current value. Mr. Brickwood requested adoption of a resolution authorizing replacement of this unit at a cost of $5,749.00. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 78-59 be adopted, a resolution of the City Council of the City of Redding authorizing the Department of General Services of the State of California to purchase one 1978 Police -type vehicle for the City of Redding. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-59 is on file in the office of the City Clerk. IMPROVEMENT BOND FINANCING - For Development of Subdivisions The public hearing was opened and closed on this matter at the April 3, 1978 Council meeting and discussion and action deferred to the April 17 Council meeting. At the April 17 meeting, Council members expressed a desire for additional information from Redding's Assessment District Bond Counsel re El Dorado County's policy with regard to its screening process for determining eligible projects for bonding. Assistant City Manager Courtney agreed to obtain said information. Assistant City Manager Courtney reviewed his memo to Council dated April 25, 1978, which memo is made a part of these minutes by reference. He said the proposed use of special assessment district bonds for the financing of new subdivisions will permit the developer to borrow money at a much lower rate than the prevailing market interest rate. He said the fundamental purposes for the use of the special assessment district procedures are as follows: 1) To enable property owners in an area to cause the construction of public improvements which particularly benefit the property in that area; 2) To enable the owners of a majority of the area benefited to compel the reluctant property owners of a minority area of benefit to pay their fair share of the total cost of the construction of the improvements. Mr. Courtney said an assessment district is an area of special benefit; it has no legal life and it cannot be sued. It has no ability to act by itself. He said it is an instrumentality of the governing body of the local political subdivision which controls the area in which the improvements are to be made or the property to be acquired. Mr. Courtney said the question before Council is whether the City of Redding should authorize the use of special assessment district bond financing for new subdivisions; and if so, what conditions or limitations should be imposed. He said the staff recommendations are as follows: 1 1 1 119 1) The use of this financial procedure should be limited to small developments of 50 lots or less in order to reduce the impact on administrative costs, and a bond service fee should be levied in an amount no less than $7.50 per bond per year. 2) Assessment district bonds should be used to finance only those improvements which will become the property of the City of Redding and the maintenance responsibility of the City. 3) Assessment district financing should not be used to reimburse the developer for the value of land or rights of way which have been required to be dedicated to the City as part of the subdivision procedure. 4) The assessment against any parcel in the subdivision should be limited to no more than one-third of the estimated market value of the parcel after the improve- ments are installed. Mr. Courtney added that he felt City government exists for the purpose of providing municipal services to its inhabitants. In theory, the cost of government can be reduced through the avoidance or elimination of non- essential complexities. Councilman Pugh asked Mr. Courtney if he could see any problems with the financing policy provided for in the El Dorado County program requiring that the written guarantee by the owner and subdivider be secured by a surety bond or letter of credit and in a satisfactory amount. Is the guarantee adequate? Mr. Courtney answered that it might provide some theoretical protection for the City, but limited protection on a practical basis. Councilman Pugh asked if there is anyway to guarantee bond payments of unpaid assessments by the subdivider during the period he owns the property? Bond Counsel Sam Sperry said yes, but that it should be done with great caution so that the agreement entered into does not become the security, which requires a registration process. Mr. Sperry said the practice is outlined more thoroughly in the E1 Dorado plan. He said a de facto reserve amount is established which will cover unpaid assessments. Councilman Fulton said he was in favor of the staff recommendations. Councilmen Pugh and Kirkpatrick did not feel the size of the development should be limited to 50 lots, as proposed. Mr. Pugh said it may preclude the developer who desires to develop an entire subdivision at one time. He said the developer would have to perform the work in stages in order to qualify for the bonds. Mr. Courtney said one of the reasons staff recommends limitation of bond financing to small developments of 50 lots or less is an attempt to hold down the total number of bonds issued. He said that at one time, the City had approximately 4000 outstanding 1911 bonds. He does not encourage this volume of activity in the future. Councilman Pugh said it appears to him, after reviewing the information received, that subjective criteria is used by these counties. Mayor Demsher and Councilwoman Gard both said they did not desire that Council be in the position of being the screening body for each request. 120 It is felt that Council might be ill prepared to make this decision again and again, but the lending institutions are in the business of performing this function. Councilwoman Gard also felt Improvement Bond financing is growth inducing. Mayor Demsher concurred. Mayor Demsher noted that as the financial conditions of the United States change, Council will be making different decisions accordingly. City Attorney Murphy pointed out that prior to the area being saturated with apartments, lending institutions were willing to lend money for construction. After saturation of the area with apartment complexes, the banks were not as willing to loan money for their construction. Mr. Murphy said the Council would have to use similar restraints as banks. Councilman Pugh said if Council restricts evaluation to public improvements and not to private improvements, it will give the City protection. Councilman Pugh asked if 1911 Act Bond servicing is offered by paying agents:, Mr. Courtney said this type of servicing is hypothetically possible, but that it doesn't exist on a practical basis. Sam Sperry, Bond Counsel, said it is available under very limited circum- stances. He said new entities have been created to perform financial con- sulting, paying agent and bond counsel services. Councilman Pugh asked if it is practical to consider an average subdivision construction increment as containing over 50 units or under 50 units. Senior Associate Planner Perry replied that the average appears to be about 35 units per phase. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh approving the staff recommendation as hereinbefore stated. In discussing this motion, Councilman Pugh asked if the $7.50 per bond per year service fee could be changed in the future. City Attorney Murphy said it could be modified subsequently. Voting was as follows: Ayes: Councilmen - Fulton, Kirkpatrick and Pugh Noes: Councilmen - Gard and Demsher Absent: Councilmen - None RED BANKS SUBDIVISION - Determination re Assessment District Councilman Pugh abstained from discussion and voting on this item. At the April 17, 1978, Council meeting, Council deferred action on this C\ matter pending a decision re policy for use of improvement bonds. 'J Paul Jones, PACE Engineering, appeared before Council with the request that Council make a decision on the use of improvement bonds for Red Banks Subdivision. Mr. Jones said this subdivision contains 43 lots and meets all of the criteria set forth in the staff recommendation adopted as policy by Council. Mr. Jones said that construction is underway. Bond Counsel Sam Sperry said there is on file with the City Clerk a fully executed Petition and Waiver signed by the record owner of the property, Antonio Rodriguez. Mr. Sperry said before Council takes action on this 121 item, a supplemental Petition and Waiver for signatures by various deed of trust beneficiaries will be formally filed by Jack Reese, representing the heirs of an estate. Mr. Sperry asked that Mr. Jones proceed with getting that petition signed and returned to Council and then the matter can be scheduled for consideration. Mayor Demsher advised Mr. Jones that it was the general consensus of Council that PACE Engineering proceed as suggested by Bond Counsel. PUBLIC HEARING - 3 -Year Community Development Plan The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the 3 -Year Community Development Plan. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning and Community Development Recommendations dated 4/28/78 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. Mr. Henson said yes. Housing and Redevelopment Administrator Henson reviewed the memo to Council from the Planning and Community Development Department dated �r April 28, 1978. Mr. Henson said that the Department of Housing and �C1 ( Urban Development has announced that limits for comprehensive Small Cities Community Development Grants have been established at $1,250,000 for the Three -Year Community Development Program. This is in addition to entitlement grants of $796,000 for fiscal year 1978-79 and $398,000 for fiscal year 1979-80, the combined total of all three being $2,444,000. Mr. Henson said the Council previously adopted the Three -Year Comprehen- sive Community Development Plan in the amount of $6,874,332, but since the total amount of funds available to finance such a program will be a maximum of $2,444,000, it is necessary that the Three -Year Plan be revised to conform with the grant limitation. He said that the Community Development Board and Citizens Advisory Committee met on April 19 and made the recommendation that available funds be programmed into two neighborhood strategy areas, Cascade and Enterprise, and that the current Rehabilitation Loan Policy be confined to the two defined neighborhood strategy areas and the Linden area. Mr. Henson said that it is the staff recommendation that at the con- clusion of the Public Hearing, Council adopt the resolution prepared by the City Attorney and authorize the City Manager to file a pre - application for a Three -Year Comprehensive Small Cities Discretionary Grant in the amount of $1,250,000; file an amendment to the Entitlement Application of $796,000 to revise activities in conformance with the revised Three -Year Community Development Program, and amend the Three - Year Housing Assistance Plan to conform with the revised Three -Year Community Development Program. It is also recommended that the EIR certified by the Planning Commission be approved and that the City Council find, under the California Environmental Quality Act, that changes have been incorporated into the project that mitigate the significant environmental effects identified in the EIR. Councilwoman Gard asked if the funds have to go into the designated areas. Mr. Henson said yes. 122 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the EIR certified by the Planning Commission be approved and that the UCity Council find, under the California Environmental Quality Act, that changes have been incorporated into the project that mitigate the signifi- cant environmental effects identified in the EIR. The Vote: Unanimous Ayes. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 78-60 be adopted, a resolution of the City Council of the City of Redding approving a revised Three -Year Comprehensive Community Development Plan, and authorizing the City Manager to file with the Department of Housing and Urban Development a revised Housing Assistance Plan, and amendments to the City's applications for funds, and provide all necessary assurances in connection herewith. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-60 is on file in the office of the City Clerk. APPEAL - Use Permit UP -52-77 - Pop Shoppe (Foos & Co.) \ Senior Associate Planner Perry reviewed the Planning Department memo to Council dated April 27, 1978. He said that at its regular meeting of April 25, 1978, the Planning Commission reviewed the Council recommendation that the Use Permit of Marcus and Rod Martin (Pop Shoppe) be approved subject to a later hour of opening. Mr. Perry also submitted letters the Commission received after the Council's action. Mr. Perry said that after extensive discussion, the Commission reaffirmed its previous action, by a vote of three to two, in recommending denial of the permit. The Commission sub- sequently moved, by a unanimous vote that, should Council uphold the appeal and approve the permit, the following conditions be imposed: 1) Game room not to be opened to the public until 1:00 p.m. on school days; 2) Permit to expire in six months and be subject to further review at that time. Councilwoman Gard said that since Mr. Martin has indicated in a memo to Council dated May 1, 1978, that operation of the Pop Shoppe with the proposed time restrictions appears impractical, she was in favor of upholding the recommendation of the Planning Commission that the permit be denied. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick uphold- ing the recommendation of the Planning Commission that Use Permit UP -52-77 be denied. Voting was as follows: Ayes: Councilmen - Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - Fulton Absent: Councilmen - None STREET CLOSURES - Eugenia, Roanoke, and Milo Streets Senior Associate Planner Perry advised Council that at the close of the Public Hearing on April 25, 1978, the Planning Commission unanimously recommended closure of Eugenia, Roanoke and Milo Streets as part of the Linden Avenue Improvement Program. A Vu Graph depicting this area was shown. 1 1 In a discussion re the proposed street closures, Councilwoman Gard said that since the residents on Milo were less than enthusiastic about the cul de sac on said street, perhaps Henry Street could be closed and a cul de sac placed there where an intrusion of commercial development already exists. Housing Administrator Henson advised Council that the Vu Graph does not indicate that West Street is undeveloped to Henry Avenue. It was agreed that this matter could be addressed in more depth at the Public Hearing. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick setting the public hearing for 7:30 P.M., Monday, June 5, 1978, to consider the proposed closure of Eugenia, Roanoke and Milo Streets. The Vote: Unanimous Ayes REQUEST FOR ANNEXATION - Mrs. Ruth Kuykendall Senior Associate Planner Perry said that Mrs. Ruth Kuykendall requests annexation of fifteen acres to the City of Redding. The area is located north of Branstetter Lane and Grant Line Drive. A Vu Graph was shown depicting the area. He said that Mr. & Mrs. Kuykendall own contiguous property within the City that fronts on Branstetter Lane. The staff recommends that Council commence annexation proceedings and authorize the staff to prepare the necessary petition to LAFCO. 123 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the staff recommendation. The Vote: Unanimous Ayes REQUEST FOR ANNEXATION - Bill Webb Senior Associate Planner Perry reported that Bill Webb requests annexation of 1.88 acres located on the south side of Goodwater Avenue, between Rain- bow Lane and Velia Street. Mr. Perry said staff recommends that two additional parcels be included in this annexation as shown on the Vu Graph, and that Council commence annexation proceedings and authorize the staff to prepare the necessary petitions. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the staff recommendation. The Vote: Unanimous Ayes ENTERPRISE ANNEX NO. 78-1 Senior Associate Planner Perry advised Council that, at its regular meeting of April 12, 1978, the Local Agency Formation Commission approved the request by Robert Roesner for annexation to the City of Redding of 2.63 acres located at the southeast corner of Goodwater Avenue and Shasta View Drive. Staff recommends the annexation be approved and that the prepared ordinance be offered for first reading. Councilman Pugh offered Ordinance No. 1383 for first reading, an ordinance of the City Council of the City of Redding approving the annexation of certain uninhabited territory designated "Enterprise Annex No. 78-1" to the City of Redding. ENTERPRISE ANNEX NO. 78-2 Senior Associate Planner Perry noted that at its regular meeting of April 12, 1978, the Local Agency Formation Commission approved the proposal to annex the unincorporated island on both sides of Highway 44, just east of Inter- state 5, consisting of 35 acres. The area was shown on the Vu Graph. Because all of the property owners did not sign the petition to LAFCO requesting annexation, a protest hearing is required. It is the staff recommendation that Council adopt a resolution setting the protest hearing for 7:30 P.M., June 19, 1978. 124 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-61 be adopted, a resolution of the City Council of the City of Redding giving notice of proposed annexation to the City of Redding of uninhabited territory described herein and designated "Enterprise Annex No. 78-2" and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-61 is on file in the office of the City Clerk. OASIS ROAD ANNEX NO. 2 Senior Associate Planner Perry said that at its regular meeting of April 12, 1978, the Local Agency Formation Commission approved the request of Mt. Lassen Machinery Company to annex 281 acres located generally north of the Mountain Lake Industrial Park and south of Oasis Road. Mr. Perry noted that at the LAFCO hearing, concern was expressed with regard to detaching this area from the Buckeye Fire District as a result of the annexation. He said staff is meeting with representatives of the district to evaluate the feasibility of a fire -service agreement with the City. The City has budgeted Community Development funds to construct a fire station at the intersection of Oasis and Old Beltline Roads. Mr. Perry said it is the recommendation of staff that the Council annex the property, as requested, and offer the prepared ordinance for first reading. Councilman Pugh offered Ordinance No. 1384 for first reading, an ordinance of the City Council of the City of Redding approving the annexation of certain uninhabited territory designated "Oasis Road Annex No. 2" to the City of Redding. TEEN CENTER REQUEST - Designation of June 12-17 as "Youth Week" In a communication to Council, Richard Riis, Chairman of the Parks and �\ Recreation Commission, requests Council approval of its recommendation to designate June 12 - 17 as "Youth Week" in the City of Redding, as proposed �Q by The Center. \> 0 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request. The Vote: Unanimous Ayes REQUEST BY FARMER'S MARKET - Sale of Beer at Alta Mesa Softball Park The following letter dated April 27, 1978, was submitted to Council members from the Parks and Recreation Commission: Mayor Donald Demsher and Honorable Members Redding City Council Dear Mayor Demsher and Honorable Members: The Parks and Recreation Commission received a request by Farmers Food Stores to sell beer at the Alta Mesa Softball Park during a tournament on May 27-28-29. The continued development of the Alta Mesa Softball Park was discussed very thoroughly last year by this Commission. During the discussion with the Softball Board of Directors, this Commission was reassured by league officials that beer drinking was not a part of their activity and the league con- tinually makes serious attempts to control beer drinking as much as possible. They realize its seriousness and problems it could have with the surrounding residential area. 1 1 125 The Commission recommended the continued development of the softball park because of the cooperation and the softball league's attempts to coordinate programs that would not create unnecessary hardship to existing neighborhoods. It is because of this contradiction of the original arrangements with the Slow Pitch Softball Association regarding the develop- ment and use of the facility that this Commission recommends the request to sell beer at their tournament be denied. Sincerely, /s/ Dick Richard A. Riis, Chairman Parks and Recreation Commission Councilwoman Gard said it is her personal feeling that Council is going to have to make a decision with respect to the sale of beer in the parks. If the City develops school parks jointly with the schools, Council will be forced to make a decision. Mrs. Gard said she was in agreement with the letter from Mr. Riis that when a softball Park is located in the center of a residential area, such as the Alta Mesa Softball park, that beer should not be sold. Councilman Pugh said the Alta Mesa Softball Park is not conducive to beer drinking and didn't think beer drinking should be associated with the school grounds. Mayor Demsher noted that schools, which are not necessarily doubling as parks, are having increasing problems with adults drinking beer while using the facilities. He felt the question of liability is raised because of the potential hazards to children in unsupervised situations. Councilman Pugh said he wished to go on record that he believes that persons associated with organizations utilizing the park facilities should be made aware of the fact that even though they are allowed to drink beer, but not sell it, beer drinking may have to cease entirely because of the mess of broken beer bottles and clutter left behind after events. He said they must police themselves. Mayor Demsher stated that because of the park's proximity to the residences in this neighborhood, Council may want to discontinue use of all beer in this area. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the recommendation of the Parks and Recreation Commission that the request to sell beer at the Alta Mesa Softball Park during a tournament May 27-28-29 be denied. The Vote: Unanimous Ayes REQUEST TO PUC FOR AIR SERVICE TO AND FROM REDDING AREA - Swift Aire Lines and Eureka Aero Airports Manager McCall reviewed his memo to Council dated April 28, 1978, which memo is made a part of these minutes by reference, stating that at its adjourned regular meeting held on April 28, 1978, the Airports Com- mission recommended by a vote of five to two that Council approve Eureka Aero's application to furnish air transportation to the City of Redding at the PUC May 15, 1978 hearing. City Attorney Murphy said that Jim Carr of Frontier Airlines had orally advised him this date that it would be making its application before the PUC by May 19, 1978. 126 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the recommendation of the Airports Commission as hereinbefore stated. The Vote: Unanimous Ayes Mr. Arness noted that a copy of the Preliminary Design Report of the Water Treatment Facility had been provided to members of Council. ACCEPTANCE OF AGREEMENT - Lot Split No. LS -17-78 Public Works Director Arness reviewed Lot Split No. LS -17-78 granted to John M. Frank. A Vu Graph was shown depicting the location on the northerly end of Dogwood Lane south of Lake Boulevard. One of the conditions of approval was the construction of the street improvements along the frontage of all parcels. Mr. Arness said the developer has submitted the required Subdivision Agreement, an improvement bond in the amount of $15,000 guaran- teeing completion of the improvements, and certificates of insurance. No occupancy permits will be granted for the buildings until the improvements are completed. The Department recommends itsapproval, the City Clerk be instructed to file the map with the Shasta County Recorder, and the Mayor be authorized to sign the Subdivision Agreement. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes ELLIS STREET - Acceptance of Improvements and Street Public Works Director Arness said that Ben Armstrong Construction has completed all major items of work on this project. The original bid price was increased from $82,617.00 to $84,514.37 resulting from costs incurred to found the center pier at a greater depth than anticipated due to unsuitable material encountered. The contractor has been requested by the Department of Public Works to delay completion of contract work, amounting to $500, at the \\ convenience of the City, and has agreed to the City withholding this amount from the final payment due him until the work is completed. The Department recommends that this project be accepted as being substantially complete and the City Clerk be authorized to file a Notice of Completion. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated recommendation. The Vote: Unanimous Ayes \ PARKING STRUCTURE II - Acceptance of Improvements Public Works Director Arness reported that Ladd Construction Company has completed all items of work on the Parking Structure II as of April 12, 1978. He said the original bid price was $734,895 and the final contract price was $761,049.59. It is the recommendation of the Department of Public Works that this project be accepted as being completed satisfactorily and the City Clerk be authorized to file a Notice of Completion. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation. The Vote: Unanimous Ayes ORDINANCE - Angle Parking Councilman Pugh offered Ordinance No. 1385 for first reading, an Ordinance of the City Council of the City of Redding amending Chapter 11.24 of the Redding Municipal Code by repealing Section 11.24.060 and substituting there- for a new Section 11.24.060, pertaining to angle parking. PUBLIC WORKS PLANNING REPORT Public Works Director Arness submitted the Public Works Planning Report for May, 1978. Mr. Arness said that this is the time of the year when requests are made / of his Department to do road grading in various areas. He said the Department policy is to not grade or gravel roads that were not existing in the County Road System when the areas were annexed to the City. Mr. Arness noted that a copy of the Preliminary Design Report of the Water Treatment Facility had been provided to members of Council. ACCEPTANCE OF AGREEMENT - Lot Split No. LS -17-78 Public Works Director Arness reviewed Lot Split No. LS -17-78 granted to John M. Frank. A Vu Graph was shown depicting the location on the northerly end of Dogwood Lane south of Lake Boulevard. One of the conditions of approval was the construction of the street improvements along the frontage of all parcels. Mr. Arness said the developer has submitted the required Subdivision Agreement, an improvement bond in the amount of $15,000 guaran- teeing completion of the improvements, and certificates of insurance. No occupancy permits will be granted for the buildings until the improvements are completed. The Department recommends itsapproval, the City Clerk be instructed to file the map with the Shasta County Recorder, and the Mayor be authorized to sign the Subdivision Agreement. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated recommendation. The Vote: Unanimous Ayes ELLIS STREET - Acceptance of Improvements and Street Public Works Director Arness said that Ben Armstrong Construction has completed all major items of work on this project. The original bid price was increased from $82,617.00 to $84,514.37 resulting from costs incurred to found the center pier at a greater depth than anticipated due to unsuitable material encountered. The contractor has been requested by the Department of Public Works to delay completion of contract work, amounting to $500, at the \\ convenience of the City, and has agreed to the City withholding this amount from the final payment due him until the work is completed. The Department recommends that this project be accepted as being substantially complete and the City Clerk be authorized to file a Notice of Completion. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated recommendation. The Vote: Unanimous Ayes \ PARKING STRUCTURE II - Acceptance of Improvements Public Works Director Arness reported that Ladd Construction Company has completed all items of work on the Parking Structure II as of April 12, 1978. He said the original bid price was $734,895 and the final contract price was $761,049.59. It is the recommendation of the Department of Public Works that this project be accepted as being completed satisfactorily and the City Clerk be authorized to file a Notice of Completion. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation. The Vote: Unanimous Ayes ORDINANCE - Angle Parking Councilman Pugh offered Ordinance No. 1385 for first reading, an Ordinance of the City Council of the City of Redding amending Chapter 11.24 of the Redding Municipal Code by repealing Section 11.24.060 and substituting there- for a new Section 11.24.060, pertaining to angle parking. RESOLUTION - Rescinding Resolution No. 74-3 - Abatement on Property at 1044 Butte Street (owned by Lucille Murray) MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-62 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 74-3, which declared intention to begin legal proceedings of abatement on property at 1044 Butte Street (owned by Lucille Murray). Voting was as follows: Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Councilmen - None Absent: Councilmen - None Resolution No. 78-62 is on file in the office of the City Clerk. 127 LETTER AGREEMENT - North Bonnyview Sewer Assessment District - Paul Benson 61 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the agreement between the City of Redding and Paul Benson for appraisal of easements for the North Bonnyview Sewer Assessment District sewer line, and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes LETTER AGREEMENT - North Bonnyview Sewer Assessment District - Wiley D. Davis MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving ' the agreement between the City of Redding and Wiley D. Davis for acquisition of easements for the North Bonnyview Sewer Assessment District sewer line, and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes CONTRACT AMENDMENT - Department of Energy Contract No. 14-06-200-887A MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ratifying approval of Amendment No. 8 to the Department of Energy Contract No. 14-06- 200-887A which approval was obtained in a telephone poll of Council Members. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Shasta -Cascade Wonderland Association Publicity ' I C Application for Alcoholic Beverage License I Circle K Store #1001, 2245 Hartnell Avenue ADJOURNMENT There being no further business, at the hour of 8:30 P.M., Mayor Demsher declared the meeting adjourned. APPROVED: ATTEST: City Clerk