HomeMy WebLinkAboutMinutes - City Council - 1978-05-15128
City Council, Regular Meeting
Police Dept. & Council Chambers Bldg.
Redding,,California
May 15, 1978 7:00 P.M.
The Pledge of Allegiance to the Flag was led by Assistant City Manager
Courtney.
The invocation was offered by the Reverend Charles Mellor of the Seventh
Day Adventist Church.
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.
Absent: None
Also present were Assistant City Manager Courtney, City Attorney Murphy,
Director of Public Works Arness, Director of Electric Simpson, Associate
Civil Engineer Hastings, Senior Associate Planner Perry, Traffic Engineer
Hamilton, and City Clerk Brayton.
APPROVAL OF MINUTES
MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving
the minutes of the regular meeting of May 1, 1978, as mailed to each Council-
man. The Vote: Unanimous Ayes
WRITTEN COMMUNICATIONS
Shasta County Ambulance Society - Review of Ambulance Rates
Todd Fineberg, Attorney, representing the Shasta County Ambulance
Society, appeared before Council requesting Council review of
(�) Ordinance No. 77-82, which establishes ambulance rates, and
`Y referral of this matter to the Shasta County Ambulance Committee
for consideration. In particular,he desires review of the rate
for transporting patients to the scanner.
MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick
approving the request that Resolution No. 77-82 be referred to the
City -County Ambulance Committee for review of ambulance rates. The
Vote: Unanimous Ayes
Sheriff's Posse of Shasta County, Inc. - Request to Sublease Rodeo
Grounds
In a communication to Council, Lloyd Mickey, Captain of the Shasta
County Sheriff's Posse, requested permission to rent the Shasta County
Sheriff's Posse Grounds to Vargas Productions, Inc. on June 29 & 30
L\� and July 1 & 2, 1978, for a big -top type circus. Mr. Mickey submitted
Vargas Productions' insurance certificate indicating sufficient cover-
age.
City Clerk Brayton said she had contacted the Auditorium Director,
Roy Montgomery, to determine if there were events booked there that
might create traffic problems. Mr. Montgomery has advised that to
date, he has booked a rock concert for the night of June 29 and this
could cause a conflict of parking.
Councilwoman Gard suggested use of cadets from the Redding Police
Department to direct parking on June 29. She indicated it was the
fiscal responsibility of the promoter to pay for these services and
also for the business license fee of $50.00 per day.
MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick
approving the request of the Sheriff's Posse of Shasta County, Inc.
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to rent the Posse Grounds to Vargas Productions, Inc. on June 29 &
30 and July 1 & 2, 1978, for a big -top type circus subject to the
following conditions: (1) At its own expense, Vargas Productions,
Inc. to utilize Police cadets,or other Police personnel recommended
by the Redding Police Department, for parking and traffic control
on June 29; (2) Vargas Productions, Inc. to obtain a City business
license at a cost of $50.00 per day. The Vote: Unanimous Ayes
PROTEST PETITION - Proposed Oregon Gulch Sanitary Landfill Project
Council reviewed the petition protesting the joint City and County proposal
to construct sanitary landfill projects, Sites 5 and 6, in the Oregon Gulch -
Kenyon Drive -Riviera Drive area in South Redding. Signers of the petition
object to the fact that a public hearing haslnot been held. Q
Mr. Pugh requested that a copy of the list be sent to the Shasta County '
Board of Supervisors so that petitioners could be notified prior to any
joint City -County public hearings on this matter.
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard accepting the
petition and requesting that a typed copy be sent to the Shasta County Board
of Supervisors with the request that all petitioners should receive a written
notice of any public hearing(s) on the EIR pertaining to the construction of
the sanitary landfill projects, Sites 5 and 6, in the Oregon Gulch -Kenyon
Drive -Riviera Drive area in South Redding. The Vote: Unanimous Ayes
"YOUTH WEEK" PROCLAMATION - June 11-17, 1978
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving l ��
the Proclamation for "Youth Week" June 11-17 ,I 1978, as proposed by The Center.
The Vote: Unanimous Ayes
"ARCHITECTURAL BARRIERS AWARENESS WEEK" PROCLAMATION - May 14-20, 1978
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving / \
the Proclamation for "Architectural Barriers,Awareness Week" May 14-20, 1978. J
The Vote: Unanimous Ayes
APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS
MOTION: Made by Councilman Pugh, seconded bylCouncilman Kirkpatrick that
Accounts Payable Register No. 22, check nos.157363 to 57540, inclusive,
in the amount of $951,231.66 be approved and paid, and that Payroll /!
Register No. 22, check nos. 99905 to 100423, inclusive, salaries in the
amount of $257,839.60 for the period of April 16, 1978 through April 29,
1978 be approved. Total $1,209,071.26
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
CLAIMS FOR DAMAGE AND PERSONAL INJURY - lst'hearing
Redding Seventh Day Adventist School - Claim filed 4/27/78
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick 3
that the Claim for Damage filed by the Redding Seventh Day Adventist I
School on April 27, 1978, be denied, based on the recommendation of
the City Insurance Committee, and that the claimant be so advised.
The Vote: Unanimous Ayes
Teresa Bell Sharp - Claim filed 5/10/78
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick
that the Claim for Damage and Personal Injury filed by Teresa Bell -3
Sharp on May 10, 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 19, 1978. The Vlote: Unanimous Ayes
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SETTLEMENT OF CLAIM FOR PERSONAL INJURY - Gladys Caufield
City Attorney Murphy advised Council that the Claim for Personal Injury
filed by Gladys Caufield on January 3, 1978, has been settled by the City
Insurance Carrier in the amount of $672.94.
SUMMONS AND COMPLAINTS
City Attorney Murphy advised Council that the City has been served with
the following Summons and Complaints:
�3 1) Clineschmidt vs. McLaughlin Plumbing and Heating Co., City of
�,7 Redding, Redding Redevelopment Agency, DOE I through DOE X
2) Temple Lounge vs. Clineschmidt, and DOES I through XX,
Cross Complainant - Clineschmidt vs. McLaughlin Plumbing and
Heating Co., City of Redding, Redding Redevelopment Agency,
DOES I through X
These matters have been referred to the City Insurance Carrier.
ORDINANCE - Enterprise Annex No. 78-1
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
full reading of Ordinance No. 1383 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. 1383 be adopted, 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.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Ordinance No. 1383 is on file in the office of the City Clerk.
ORDINANCE - Oasis Road Annex No. 2
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick
-`� that full reading of Ordinance No. 1384 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. 1384 be adopted, 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.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Ordinance No. 1384 is on file in the office of the City Clerk.
ORDINANCE - Angle Parking
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick
that full reading of Ordinance No. 1385 be waived, and that the City
2 Attorney be instructed to scan same. The Vote: Unanimous Ayes
\J MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick
that Ordinance No. 1385 be adopted, 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 therefor a new Section
11.24.060 pertaining to Angle Parking.
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Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Ordinance No. 1385 is on file in the office of the City Clerk.
APPEAL - Shasta County Use Permit UP -278-78, Gold Hills Golf Course (Wentz)
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ratifying
appeal of the issuance of Shasta County Use Permit UP -278-78 for Gold Hills
Golf Course which approval for appeal was obtained in a telephone poll of
Council Members. The Vote: Unanimous Ayes /,—A
City Attorney Murphy advised Council that subsequent to the City appealing
the Shasta County Planning Commission decision to grant the Use Permit, a
copy of a letter dated May 12, 1978, was received by the City written to the
Shasta County Planning Department from W. Leonard Wingate, Attorney for
Wentz, Inc., which letter reads as follows:
Shasta County Planning Department
1855 Placer Street
Redding, California 96001
Attention: Mr. Robert Wall
Dear Mr. Wall:
The purpose of this letter is to assure the County and the
City that Wentz, Inc., is not relying upon any statements or
representations of the County or City concerning the actual
density which may ultimately be approved by the appropriate public
agency. The use permit application for a golf course is intended
to be without reference to future residential development and the
developer understands that no specific densities for residential
development on adjacent property owned by him are available, and
the developer is relying on none in going forward with the golf
course.
Wentz, Inc.'s present concept is to develop the remainder of
its property in some manner. It is anticipated that a Planned
Development (PD zone) will be proposed but engineering will take
approximately six months before a plan can be presented to the County
and City. At that time a draft EIR will also be presented.
Very truly yours,
WELLS, WINGATE & SMALL
/s/ W. Leonard Wingate
W. Leonard Wingate
Approved:
WENTZ, INC.
By /s/ Walter Wentz
Walter Wentz
WLW:dcr
cc: City of Redding
Mr. Murphy said that thereafter the following letter dated May 15, 1978,
was written to the Shasta County Board of Supervisors withdrawing the
appeal.
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Honorable Board of Supervisors
of Shasta County
Shasta County Courthouse
Redding, California 96001
Re: Gold Hills Golf Course
Use Permit Application UP -278-78
Gentlemen:
In view of the letter W. Leonard Wingate, Esq., attorney
for Wentz, Inc., has filed with the County Planning Director and
with the City of Redding, the City of Redding is willing to and
does hereby withdraw its appeal from the issuance of the use permit.
With this letter, it is clear that the developer intends
the golf course to stand upon its own, and the density of any subse-
quent residential development to be determined without regard to the
existence of the golf course. Under these circumstances, the City
does not feel that an EIR is essential at this time, particularly
since representation by both the developer and the County Planning
Director indicate that at the time of residential development both
an EIR and a master plan for the residential development are contem-
plated by both the County and the developer.
Sincerely yours,
/s/ Earl D. Murphy
Earl D. Murphy
City Attorney
Councilman Pugh said Council's primary concern was that adequate time was
not allowed for the City to meet with the developer to study the depth of
the issue and the effect it would have on the City. Mr. Pugh said that
often developers will come back to Council and assert that they were allowed
to spend "X" number of dollars on a project and now cannot get permission
to complete the development as planned. Mr. Pugh said Council did not want
that to happen in this case; that Council desires to be certain of what the
developer has in mind at the outset.
Councilman Pugh and Councilwoman Gard concurred that it is important to
have joint City and County planning efforts in the fringe areas of Redding.
AWARD OF BID - Station Class Lightning Arrestors
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
1�1 the recommendation of the City Manager that Bid Schedule No. 1008, Station
Class Lightning Arrestors, be awarded to Graybar Electric Co., in the amount
of $24,239.02, sales tax included, inasmuch as the low bidder did not meet
the specifications.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
AWARD OF BID - Insulators
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
the recommendation of the City Manager that Bid Schedule No. 1009, Insulators,
be awarded to Westinghouse Electric Supply on their initial bid in the amount
of $78,819.69, sales tax included, inasmuch as Joslyn Mfg. submitted a bid
on Item 1 only, and Allied Insulators, Ltd. neglected to enclose the required
bid bond.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
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REVENUE SHARING COMMITTEE - Hearing
Assistant City Manager Courtney reviewed his memo to Council dated May 11,
1978, advising that at 10:00 A.M., May 31, 1978, the Revenue Sharing
Committee will hold a hearing in the City of Redding Electric Utility
Headquarters Building at 2556 Heather Lane, Redding, to hear oral suggestions
and receive written comments re possible uses of Revenue Sharing funds.
ABANDONMENT APPLICATION A-4-78 - Grant Street
Senior Associate Planner Perry advised Council that at its regular meeting
of May 9, 1978, the Planning Commission unanimously recommended abandonment l/
of 250 feet of Grant Street, east of West Street, for the purpose of expand-
ing the Martin Luther King Park. The area was shown on the Vu Graph.
Mr. Perry said it is the recommendation of staff that Council ratify the
Negative Declaration and adopt the prepared resolution setting a Public
Hearing for 7:30 P.M., June 19, 1978, to consider the request.
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ratifying
the decision of the Negative Declaration re Abandonment Application A-4-78
by the City of Redding. The Vote: Unanimous Ayes
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
Resolution No. 78-63 be adopted, a resolution of the City Council of the
City of Redding declaring its intention to vacate and abandon a portion of
Grant Street east of West Street.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-63 is on file in the office of the City Clerk.
The Public Hearing was set for 7:30 P.M., June 19, 1978.
REZONING APPLICATION RZ-5-78 - Barbara Boyer
Senior Associate Planner Perry advised Council that at its regular meeting
of May 9, 1978, the Planning Commission unanimously recommended approval of
Rezoning Application RZ-5-78 by Barbara Boyer requesting rezoning of property
located at 2024 Waldon Street from C-2 to C-3. The area was depicted on the I�
Vu Graph. Mr. Perry said it is the staff recommendation that City Council l
ratify the Negative Declaration and that a Public Hearing be set for 7:30
P.M., June 5, 1978, to consider the application.
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick ratifying
the decision of the Negative Declaration re Rezoning Application RZ-5-78,
by Barbara Boyer, and setting a Public Hearing for 7:30 P.M., June 5, 1978,
to consider said application. The Vote: Unanimous Ayes
ACQUISITION OF NOB HILL, UNIT NO. 3
In the Planning Department memo to Council dated May 12, 1978, Council was
advised that the Planning Commission, at its meeting of June 22, 1976, approved
the tentative map for Nob Hill Subdivision, Unit No. 3, granting the developer
permission to create seven single-family lots, subject to eleven conditions.
The area was depicted on the Vu Graph. The Planning Department is concerned
with the subdivision's relationship to Benton Airpark and its incompatibility JS --L)
with the Redding General Plan, In September, 1976, the City obtained
Community Noise Equivalent Level Contours for Benton Airpark which show the
entire Nob Hill Subdivision currently within a 60 dBA CNEL contour and projects
that by 1995, the bulk of the subdivision will be within a CNEL contour level
of 65 dBA. Title 4 of the California Administrative Code limits noise from
airports on new residential properties to 70 dBA until December of 1985, and
65 dBA thereafter.
The Planning Department memo states that the property is shown as Greenway
on the Redding General Plan and falls entirely within the 100 dBA perceived
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noise -level contour as depicted on the General Plan. Current zoning is
R-1 which has been in effect since 1956. The General Plan Greenway
designation is incompatible with the R-1 zoning and, at the present time,
the General Plan prevails.
Based on the relationship of Nob Hill, Unit No. 3, to Benton Airpark, it
is the opinion of the staff that the City should acquire this property for
an airport approach and noise -control area. It is the further recommendation
of staff that Council authorize an appraisal of Unit No. 3 for that purpose.
City Attorney Murphy said further authorization is needed to employ a
second noise consultant to double check the previous study on the dBA CNEL
contour line done in 1976 to ascertain that this is precisely the property
that is necessary for acquisition. This noise abatement survey would be
accomplished jointly with the property owner at a cost of about $500 each,
for a total of $1000. Mr. Murphy said this survey is needed to protect the
legitimate boundary of the airport.
Councilman Pugh said the survey is being requested to determine the finite
line of the curve, or if it is off a few feet one way or the other. Presently
it splits several lots and a new survey might show that lots could be saved
on the east side.
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard authorizing
appraisal of Nob Hill, Unit No. 3, and approving the joint agreement between
the City of Redding and Por. Farley to conduct a contour line and noise abate-
ment update of Benton Airpark, said survey not to exceed $1000. The Vote:
Unanimous Ayes
Vi Klaseen, 595 Mary Street, asked for clarification on the need for
expenditure of the $500.
City Attorney Murphy replied that the study was to accurately determine
where the line runs with regards to noise level. He said that needless
acquisition of 5 lots would make the expenditure of $500 a reasonable
premium to pay rather than condemnation costs for 4-5 potential lots.
Dave Woodruff, 2501 Shasta Street, appeared before Council asking if there
is a cloud on the title to this property or what is the reason for the
appraisal.
City Attorney Murphy replied that the recommendation was for confirmation
of the original decibel appraisal which could be in error.
Gary Albin, 2685 Shasta Street, said the curve established in September,
1976, was, in his opinion, in error.
Mel Frost, 2747 Shasta Street, said the noise pollution appears to be non-
existent as far as he is concerned.
City Attorney Murphy said the present noise is not great enough to constitute
a problem. As the use of the airport increases, it could definitely be a
problem at some future date.
PUBLIC HEARING - Ridgeview Subdivision Trunk Sewer Extension
Councilman Pugh advised Council of his intention to abstain from discussion
and voting on this item.
The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public
Hearing on Ridgeview Subdivision Trunk Sewer Extension.
The following document is on file in the office of the City Clerk.
Affidavit of Mailing - Notice of Hearing
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The City Clerk advised Council that letters had been received from
the following persons requesting to be heard at the Public Hearing:
R.V. Christian - on behalf of himself and Franklin S. Cibula
Roger and Eunice Whipp
In addition, Mr. Cibula submitted a letter this evening, dated May 15,
1978, which letter was read to Council. �) 11
Project Engineer Hastings reviewed the project noting that, using the
proposed route, the sewer extension would run from the existing 15"
sewer trunk in Westside Road in the vicinity of South Farmer's Market
up Canyon Hollow and northerly through the Blue Gravel Mine area into
what was formerly Southern Pacific land. He said staff's objection to
Alternate #1 is that it would place the sewer line in the bottom of
Canyon Creek and, because the creek floods, it would make it impossible
to maintain the line in bad weather. He further noted that a suggested
alternate would place the sewer line to the south of Pray Road where a
gas line and water line already exist. If another trench is dug between
the existing lines, there is a real danger of cave-ins. Therefore,
staff recommends the use of the proposed route, which will require that
eminent domain proceedings be initiated to acquire two parcels of right-
of-way.
Roger Whipp, 1570 Canyon Creek, appeared before Council and asked
Councilwoman Gard if there are pioneer graves in the canyon as stated
by Judge Eaton and if the exact location of said graves has been
determined.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
that the Public Hearing be closed. The Vote: Unanimous Ayes
Mrs. Gard answered in the affirmative.
Mr. Whipp submitted a photograph of the corner of his property proposed
to be taken and said he didn't feel that the maps clearly illustrated
just how much of his property is to be taken. He said the land is
suitable for development, noting that he has walnut trees planted on
part of the property. Mr. Whipp said he doesn't see how this is for
public benefit; it is his belief that it is for a private developer.
He noted that there is not a house up there, just brush and trees. He
further stated that if this is to be a sealed system, there is no reason
why it can't go through the creek.
Paul Jones, representing PACE Engineering, the engineer for Dempsey
Construction, stated that if the line is placed outside the property
of Mr. Whipp, it would be subject to erosion. Mr. Jones feels the
trunk sewer extension will serve interests other than the subdivision
and believes the proposed approach is proper.
Franklin S. Cibula, Attorney representing Robert Christian, reviewed)
his letter to Council dated May 15, 1978, in which he outlined seven
objections to the eminent domain for Ridge View Subdivision, which
letter is made a part of these minutes by reference. Mr. Cibula said
that since the project could be built along public property without
disturbing private land, the dollar considerations should be somewhat
secondary. He believes -the data presented substantiating the fact that
land cost acquisition is minimal, is unrealistic and unjustified. He
felt that the City should make an effort not to involve itself in
using the power of eminent domain. In his opinion, the alternatives
are clear and if there is cost to the developer, this is simply one of
the expenses required of development. He felt the alternative routes
would benefit the public more than the proposed route.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
that the Public Hearing be closed. The Vote: Unanimous Ayes
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Councilwoman Gard said they own land on both sides of the proposed
development, and asked the City Attorney if she should abstain from
voting.
City Attorney Murphy replied that four affirmative votes are required
\� in order for the resolution to pass. The law provides that Council
persons can declare their economic interest and go ahead and vote in
J order to attain the required votes.
Councilman Pugh said on the basis of the advice of the City Attorney,
he was advising Council that he is the Attorney for the engineer for
this development and up to this point, had withheld any comment
regarding this item. However, in order for him to vote, he needed to
ask a couple of questions.
Councilman Pugh asked if it is anticipated that the line on the
Christian property will serve other properties.
Public Works Director Arness replied that the line would also serve
other properties to the south.
Councilman Pugh asked the width of Pray Road.
Mr. Hastings replied that the paved section is about 25-30 ft. wide.
It was noted, at this point, that the County Health Department recommends
a certain distance between water and sewer lines that are placed side by
side. This would be the case if the sewer line were placed in the
southerly half of Pray Road which already contains a gas and a water line.
Staff has opposed the sewer line in this location because of problems
with maintenance of the three utility lines in such close proximity.
^ City Attorney Murphy pointed out that costs in either Alternate #1 or
\/ \ Alternate #2 are substantial, without inclusion of land costs.
Councilman Fulton asked Mr. Cibula to reiterate Mr. Christian's objec-
tions to the proposed route. Mr. Cibula repeated the basic objections.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that
Resolution No. 78-64 be adopted, a resolution of the City Council of the
City of Redding rescinding Resolution No. 78-12, and finding that the
public convenience and necessity require the acquisition of certain
easements for a public improvement, to wit, for the construction and
maintenance of the Ridgeview Subdivision Trunk sewer extension.
Voting was as follows:
Ayes: Councilmen - Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - Fulton
Absent: Councilmen - None
Resolution No. 78-64 is on file in the office of the City Clerk.
Councilwoman Gard said she felt this was something that had to be done.
She cast an affirmative vote reluctantly. She felt this yes vote was
growth inducing and stated her concern with the fact that so much of
the work was already accomplished prior to approval of the E.I.R.
Mayor Demsher said he shared Mrs. Gard's feelings.
PUBLIC HEARING - Mac's Road Assessment District
The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public
Hearing on Mac's Road Assessment District.
The following documents are on file in the office of the City Clerk:
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Certificate of filing boundary map with City Clerk
Certificate of mailing Notice of Improvement
Certificate of posting Notice of Improvement
Affidavit of publication - Notice of Improvement
Affidavit of publication - Notice Inviting Sealed Bids
The City Clerk advised Council that a written protest has been
received from Mr. Howard Warren.
At this point in the meeting, letters of protest were submitted
to the City Clerk from:
Reginald W. and Joyce D. Covey
Catherine L. Balkovek
Said letters were read to Council by City Clerk Brayton.
Associate Civil Engineer Hastings advised Council that the proposal
is to construct and install water distribution facilities in and along
Mac's Road and vicinity for fire protection and to increase the volume
of water to the area. Mr. Hastings said the amount of assessment per
parcel is based on the following:
40% of the total construction costs were spread by assigning
a cost per basic benefit unit. The basic benefit units are
spelled out in Exhibit D of the Engineer's Report;
30% of the total construction costs were spread by assigning a
cost of $246.12 per acre, or proportional part thereof;
30% of the total construction costs were spread on an equal cost
of $791.65 per parcel, regardless of size or frontage.
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Mr. Hastings said the final assessment will be determined after completion
of the proposed improvement. The project will be offered to the lowest
bidder. He said that 61% of the property owners within the assessment
district boundary signed the petition to install a larger water line in
the vicinity of Mac's Road.
Councilwoman Gard asked how many large parcels exist within the boundaries.
Mr. Hastings replied that there are 34 parcels ranging in size from 2� to
5 acres.
Sam Sperry, Bond Counsel, said that one of the protest letters suggested
putting this work out to bid. He assured Council that competitive bids
have been received ranging from $79,500 to $84,000. It appears that the
Engineer's estimate is in excess of the lowest bid; therefore, the assess-
ment will be adjusted downward reducing the anticipated costs.
Mr. Sperry said that because the outcome of the Jarvis -Gann Initiative
(Proposition 13) will not be known until after the June 6 election and
the use of Bond Act financing is uncertain, he suggests closing the
hearing and then holding the matter over for definitive action at the
Council meeting of June 19.
Reginald Covey, 3391 Mac's Road, said there are 9 parcels out of the
34 that contain more than 5 acres. He said he did not feel water to
his property should be any more valuable than to his neighbors property
regardless of the size of the parcel. Mr. Covey asked how much property
he would be required to give for the right-of-way.
City Attorney Murphy advised Mr. Covey that it appears the line will
be built on existing public right-of-way along Mac's Road with the
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exception of where the County has acquired right-of-way from Todd
Fineberg to straighten the hairpin turn (shown on the Vu Graph).
Mr. Covey said he was concerned with the stakes placed on his property.
Mr. Hastings said that in developing the new alignment to straighten
the hairpin curve, the survey crew may have placed off -set stakes on
his property. He assured Mr. Covey that the proposal will not require
any right-of-way from his parcel. Mr. Hastings will meet with Mr.
Covey to clarify the matter.
Mrs. Warren, 3400 Mac's Road, appeared before Council protesting the
proposed new water line on Mac's Road. Mrs. Warren said their water
is obtained from a water line on Irish Road and they were advised they
would not be hooked on the new water line. She felt their only benefit
for the $3,088.32 assessment cost would be a fire plug and the assess-
ment would increase their water bill to $65.00 a month which she felt
excessive.
Muriel Weissburg, 3355 Mac's Road, said Council was hearing protests
from property owners at lower elevations where water appears to be
adequate. She said the present 2" water line is not sufficient to
supply water to the houses at higher elevations, where she resides,
and some homes do not always have sufficient water. Mrs. Weissburg
said she had passed the petition around in an attempt to do something
about the inadequate water supply. She said if the City denies the
request, she felt future development should cease because of the water
problem. Mrs. Weissburg said the costs, as outlined, were okay with
them because they need the water.
MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that
the Public Hearing be closed. The Vote: Unanimous Ayes
Mayor Demsher and Councilman Pugh asked for a breakdown of the costs
and the distribution to assure that no inequities exist. It was felt
this should be considered carefully. Council also desires some
information on the potential for lot splits and what the sewer require-
ments would be in the event of lot splits.
In a comment from Council questioning whether the 8" line was needed,
Public Works Director Arness replied that the hydraulic flow line for
fire protection requires installation of an 8" water line.
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard deferring
definitive action on this matter until 7:30 P.M., June 19, 1978. The
Vote: Unanimous Ayes
PUBLIC HEARING - Abandonment Application A-5-78
The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public
Hearing on Abandonment Application A-5-78.
The following documents are on file in the office of the City Clerk:
Affidavit of Mailing - Notice of Public Hearing - Res. No. 78-55
Affidavit of Publication - " " " "
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Affidavit of Posting - if if 11"
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The City Clerk advised Council that no written protests had been
received, and the Mayor ascertained that there were no protests from
the floor.
The area under consideration for abandonment was shown on the Vu Graph.
Senior Associate Planner Perry said that at its regular meeting on
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April 11, 1978, the Commission recommended approval of Abandonment
Application A-5-78, by Charles Denny, requesting abandonment of
100 feet of an alley located east of Magnolia Avenue. Mr. Perry
said it is the opinion of staff and the Planning Commission that the
alley is not needed for immediate or future alley purposes, it could
be better utilized as part of the adjoining parcels owned by the
applicant, and therefore, recommends that Council abandon the alley
by adopting the prepared resolution.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh
that the Public Hearing be closed. The Vote: Unanimous Ayes
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick
that Resolution No. 78-65 be adopted, a resolution of the City Council
of the City of Redding ordering the vacation and abandonment of 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. 78-65 is on file in the office of the City Clerk.
TEN-HOUR METERS - California and Shasta Streets
At the April 17, 1978, Council meeting the Traffic and Parking Commission
recommended that Council consider changing the two-hour metered zones to
ten-hour metered zones at the following locations:
The south side of Shasta Street from California Street eastward G
to the alley;.
The west side of California Street between Shasta and Tehama Streets; aD
The west side of California Street from Tehama Street north to
the Police Department driveway.
Council referred this recommendation back to the Traffic and Parking Commission
for consideration of meter elimination.
Traffic Engineer Hamilton reported that on May 8, 1978, the Parking and
Traffic Commission reconsidered the subject and, after discussion, voted
unanimously to uphold its prior recommendation for ten-hour meters for the
following reasons:
1. In the opinion of Captain Welch, meters are desirable in
this area to prevent the long-term parking of local residents'
cars and "junkers".
2. There is a lack of ten-hour metered spaces available on City
parking lots for holders of permits. The provision of more
ten-hour on -street meters, along with a modification of the
permit regulations to permit use of on -street ten-hour meters,
would improve this situation.
3. To remove meters altogether would establish a precedent for
meter removal in other areas which may be undesirable.
It is also recommended that a 30 -minute unmetered zone be established on
California Street north from the Police Department driveway to Shasta Street.
Councilman Pugh questioned the cost for installation of the ten-hour meters
and someone to service them versus eliminating them altogether.
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Councilwoman Gard said that meters exert some control over the parking
spaces.
Vi Klaseen, 595 Mary Street, said she has had some difficulty finding
parking close to the Council Chambers.
MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick
approving the recommendation of the Traffic and Parking Commission, as
hereinbefore stated; the City Attorney to prepare the necessary document.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, and Demsher
Noes: Councilmen - Pugh
Absent: Councilmen - None
CORE AREA PARKING - Amendment to Code re Ten -Hour Meters
Traffic Engineer Hamilton said at the regular meeting of the Traffic and
�\ Parking Commission on May 8, 1978, the Commission considered the problem
of insufficient ten-hour meters in the City of Redding parking lots to
meet the need of the permit holders. It was the unanimous vote of the
Commission to recommend to Council that Section 11.28.070 of the Code be
modified to make on -street ten-hour meters also available to permit holders.
Councilman Pugh asked if a person who has a permit is assured a parking
space.
City Clerk Brayton said there are more parking spaces than permits issued;
however, persons other than permit holders are utilizing the ten-hour meters.
City Attorney Murphy said he would like to research this issue prior to
Council action.
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard deferring
action on this matter until such time as the City Attorney reports his
findings. The Vote: Unanimous Ayes
PARKING LOT RATES
Traffic Engineer Hamilton said at its regular session on May 8, 1978, the
Traffic and Parking Commission considered the inconsistency in parking meter
�\I rates in the various City lots. Lots 1, 2, and 6 charge 5� for 2 hours and
contain a total of 124 ten-hour meters. Lots 3, 4, 5, and 11 are metered
at 5� an hour and contain 154 ten-hour meters. The Commission voted
unanimously to recommend to Council that rates in Lots 1, 2, and 6 be
increased to 5� per hour. This action would also make provision for
additional ten-hour meters for permit holders.
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the
aforestated recommendation and instructing the City Attorney to prepare the
necessary document. The Vote: Unanimous Ayes
AWARD OF BID - Garden-Verda Alley II Assessment District
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
the recommendation of the Public Works Department that Bid Schedule No. 1011,
i Construction of Garden-Verda Alley II Assessment District, be awarded to
Hayward Construction, Inc. of Redding on their low bid in the amount of
$7,108.60.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
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AWARD OF BID - East Palisades and View Avenue Sanitary Sewer Assessment
District
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
the recommendation of the Public Works Department that Bid Schedule No. 1010, I
Construction of East Palisades and View Avenue Sanitary Sewer Assessment JJ 1
District, be awarded to Shasta -Sierra Corporation of Redding on their low bid
in the amount of $17,580.00.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
NOTICE OF COMPLETION - Telephone System at Police Department -Council Chambers
Public Works Director Arness reported to Council that Gaynor Telephone Systems,
Inc. has completed all items of work on this project with the exception of
the installation of two small component parts which are still on back order �(G�
and will not be delivered for approximately 30 days. When the components
arrive, there is no labor involved in installing them other than plugging
them into the main console. Mr, Arness said the contractor has agreed to
the City retaining $1000, after the expiration of the statutory lien period,
to guarantee the installation of these two parts. It is the recommendation
of the Public Works Department that this project be accepted as being com-
pleted satisfactorily and that the City Clerk be authorized to file a Notice
of Completion. (Bid Schedule No. 933)
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
the aforestated recommendation. The Vote: Unanimous Ayes
ACCEPTANCE OF FINAL MAP - Lakewood Estates Subdivision
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
the Final Map, Lakewood Estates Subdivision, be approved and that all parcels v
of land offered for dedication for public use, with the exception of streets, L?
be accepted in conformity with the terms of the offer of dedication, 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
ACCEPTANCE OF FINAL MAP - Indian Hills Subdivision, Unit No. 2
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
the Final Map, Indian Hills Subdivision, Unit No. 2, be approved and that all
parcels of land offered for dedication for public use, with the exception of f U
streets, be accepted in conformity with the terms of the offer of dedication,
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
RECORDING OF FINAL SUBDIVISION MAPS
In a memo to Council dated May 11, 1978, Public Works Director Arness out- Y
lined procedures for recording of Final Subdivision Maps. In an ensuing 0
discussion of this matter, Council determined that additional information
is needed and concurred that the item should be held over until a complete
report is submitted.
NOTICE OF COMPLETION - Martin Luther King Park Improvement
MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick
accepting the Martin Luther King Park Improvement, Bid Schedule No. 979,
as being completed satisfactorily, and instructing the City Clerk to file
a Notice of Completion. The Vote: Unanimous Ayes
RESOLUTION - Opposing A.B. 2224 re Consolidation of Elections
MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that I
Resolution No. 78-66 be adopted, a resolution of the City Council of the l
City of Redding opposing A.B. 2224, which would consolidate general law
city and school district elections and provide for such consolidated
elections to be conducted by the county.
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Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-66 is on file in the office of the City Clerk.
AGREEMENT - City of Redding and P.G. & E.
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving
the agreement between the City of Redding and Pacific Gas and Electric
Company pertaining to the installation of street lights in the Enterprise
area and authorizing the City Manager to execute same. The Vote: Unanimous
Ayes
RESOLUTION - Agreement with Bureau of Reclamation providing for installation
of 115-kv electric transmission line
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
C�Resolution No. 78-67 be adopted, a resolution of the City Council of the
UCity of Redding accepting a permit for use of Reclamation land from the
United States of America, and authorizing the Mayor to execute said acceptance
1 for and in behalf of the City.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-67 is on file in the office of the City Clerk.
RESOLUTION - Relocation of P.G. & E. lines in Vicinity of Sunnyhill Lane
Pumping Station
(0MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
- Resolution No. 78-68 be adopted, a resolution of the City Council of the
City of Redding approving a right-of-way for the relocation of P.G. & E.
�7 electric lines in the vicinity of the Sunnyhill Lane Pumping Station,
as a part of the Redding Regional Wastewater System, and authorizing the
Mayor to execute said right-of-way on behalf of the City.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-68 is on file in the office of the City Clerk.
RESOLUTION - Redding Municipal Airport Grant Agreement, Amendment No. 1
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
Resolution No. 78-69 be adopted, a resolution of the City Council of the
City of Redding accepting Amendment No. 1 to Grant Agreement for ADAP No.
8-06-0194-01, and authorizing the Mayor to execute same.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-69 is on file in the office of the City Clerk.
LEASE AGREEMENT
- City of Redding and
Shasta County Chapter of American Red
Cross
MOTION: Made by
Councilman Pugh, seconded
by Councilman Kirkpatrick approving
the annual lease
agreement between the
City of Redding and the Shasta County
Chapter of the American Red Cross for
a period of one year commencing June 1,
1978. The Vote:
Unanimous Ayes
RESOLUTION - Relocation of P.G. & E. lines in Vicinity of Sunnyhill Lane
Pumping Station
(0MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
- Resolution No. 78-68 be adopted, a resolution of the City Council of the
City of Redding approving a right-of-way for the relocation of P.G. & E.
�7 electric lines in the vicinity of the Sunnyhill Lane Pumping Station,
as a part of the Redding Regional Wastewater System, and authorizing the
Mayor to execute said right-of-way on behalf of the City.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-68 is on file in the office of the City Clerk.
RESOLUTION - Redding Municipal Airport Grant Agreement, Amendment No. 1
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
Resolution No. 78-69 be adopted, a resolution of the City Council of the
City of Redding accepting Amendment No. 1 to Grant Agreement for ADAP No.
8-06-0194-01, and authorizing the Mayor to execute same.
Voting was as follows:
Ayes: Councilmen - Fulton, Gard, Kirkpatrick, Pugh, and Demsher
Noes: Councilmen - None
Absent: Councilmen - None
Resolution No. 78-69 is on file in the office of the City Clerk.
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ORDINANCE - Providing Protection for Emergency Organizations and Functions
Councilman Kirkpatrick offered Ordinance No. 1386 for first reading, an
ordinance of the City Council of the City of Redding amending Title 9 of the
Redding Municipal Code by repealing Chapter 9.12, entitled "Civil Defense
and Disaster," and substituting therefor a new Chapter 9.12, entitled j
"Emergency Organization and Functions."
ORDINANCE - Uniform Fire Code
Councilman Fulton offered Ordinance No. 1387 for first reading, an ordinance I•� �/
of the City Council of the City of Redding amending Chapter 9 of the Redding l
Municipal Code by repealing Section 9.20.010 and substituting therefor a
new Section 9.20.010, adopting Uniform Fire Code.
EXCHANGE AGREEMENT - Oak Ridge Association
Councilman Pugh abstained from discussion and voting on this item. 3
MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving 3
the exchange agreement between the City of Redding and Oak Ridge Associates
and authorizing the Mayor to execute same. The Vote: Unanimous Ayes with
Councilman Pugh abstaining.
ROUTINE COMMUNICATIONS
Public Utility Commission Communications
a) Notice of Hearing to consider request by Greyhound Lines,
Inc. for passenger fare and express rate increases
b) Notice of Pacific Gas and Electric Company application
for revised gas rates
c) Notice of Pacific Gas and Electric Company application
re electric rates
Applications for Alcoholic Beverage Licenses
Quik Stop Food Market
Lanai Sandwich Shop
ORAL COMMUNICATIONS
Vi Klaseen, 595 Mary Street, appeared before Council and stated that she
felt very critical of the Council tonight which is a reaction to what
happened in the Lake Redding Estates Subdivision decision which she feels
is unfair. She said at that hearing citizens with absolutely nothing at (>
stake, except a desire for a good quality of life, opposed land developers^l/ '
with huge tax write-offs available to them. She said the citizens still
have an outstanding bill of $300 for hiring someone to represent them
at that hearing. She said she felt the citizens need an ombudsman to
speak out for them.
Councilman Pugh said he believes it is his position to represent the
people of Redding. He said the input from staff may be in contradiction
with what he believes or what the developer maintains, but the input must
be considered. He said in the Lake Redding Estates hearing, two groups
were directly opposed. On one side was the group who had no economic
interest and on the other side, was the group who had purchased some
property and wanted to develop it. He said the five -member Council is
looking out for the total City of Redding and he didn't feel it was
advocating one position.
Councilwoman Gard said if the citizens feel they have to hire a lawyer to
present their case, then the Council is not doing itsljob. She said she
hopes Council is working for the people of today and those in the future.
She said all Council members are accessible by phone and do not want to
polarize themselves. Even though Council members disagree on issues,
hopefully it is making the right decisions for the people of Redding.
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Mayor Demsher said he could share Mrs. Klaseen's frustrations because the
citizens are up against some very experienced people in the field of
land developing. He said the people feel powerless and not represented
and the resources of the City became advantageous to the developers. He
said Council has to be very careful in weighing everything that comes
before it.
ADJOURNMENT
There being no further business, at the hour of 9:55 P.M., Mayor Demsher
declared the meeting adjourned.
APPROVED:
ATTEST: Mayor
City Clerk
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