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HomeMy WebLinkAboutMinutes - City Council - 1978-08-21242 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California August 21, 1978 The Pledge of Allegiance to the Flag was led by Fire Chief Erichsrud. The invocation was offered by the Reverend John Larson, Pastor of the Redding Pilgrim Congregational Church. The meeting was called to order at 7:00 P.M. by Mayor Demsher with the following Councilmen present: Fulton, Gard, and Demsher. Absent: Pugh and Kirkpatrick. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Director of Public Works Arness, Director of Planning and Community Development Harris, Director of Personnel and Labor Relations Reynolds, Fire Chief Erichsrud, Public Works Superintendent Galusha, Assistant City Engineer Lang, Associate Civil Engineer Hastings, Traffic Engineer Hamilton, Airports Manager McCall, Assistant Fire Chief Henrich, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the minutes of the regular meeting of August 7, 1978, as mailed to each Council Member. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Mayor Demsher approving the minutes of the adjourned regular meeting of August 14, 1978, as mailed to each Council Member. The Vote: Unanimous Ayes with Councilwoman Gard abstaining. WRITTEN COMMUNICATIONS California State Firemen's Association In a communication to Council dated August 9, 1978, Gerald B. Matthews, Administrative Assistant of the California State Fire- men's Association, representing the Redding Fire Fighters Local 1934, expressed his desire to be heard at the August 21, 1978 Council meeting relative to negotiations with the City of Redding. In a memorandum to Council dated August 21, 1978, City Manager Brickwood acknowledged that the meet and confer process with the fire fighters' bargaining unit has been long and difficult and 1 /�•� that, because some issues are unresolved, the union declared an impasse and a conciliator from the State Department of Industrial Relations was appointed to act as a mediator in regard to the remaining issues. Mr. Brickwood noted that the report and recommended settlement of Mr. Peter A. Lujan, the appointed conciliator, dated August 17, 1978, was received by staff only this morning and there has not been sufficient time for staff to evaluate the report and take any position. It is the recom- mendation of the City Manager that the item be referred back to staff for evaluation and then for return to the bargaining table to allow the meet and confer and mediation process to function in the manner provided for by state law. Mayor Demsher indicated that Council is aware of the unresolved issues; however, he noted that there are procedures for resolving issues and Council does not want to violate these procedures. He requested Mr. Matthews to be succinct in his statements. 243 Mr. Matthews replied that the five-month negotiation process has been one of the longest sessions they have encountered where issues have not been resolved. It is his belief that the procedures are being followed. He referred to Peter A. Lujan's letter for the four areas in dispute as follows: 1. The term of the agreement should be four years as proposed by the City. While agreements of this duration are unusual, the City's willingness to make adjustments to the wage structure coupled with the CPI make it acceptable to the Union. 2. The Fair Labor Standards Act lawsuit should be dropped by the Union. There has already been a tentative agreement on this issue by the parties. 3. The Enterprise sick leave question, which has been a contributing factor in delaying agreement, should be resolved through negoti- ation. In the absence of a negotiated settlement at the table, I suggest that the fire fighters accept the 12 -hour accumulation rate offered by the City or work through the proper channels and provide the documentation to justify the 23 -hour request. 4. The usual means of dealing with management's rights versus those of the employee organization is to include a provision of the following type: The management of the City's operation and the direction of its work force are vested exclusively with the City, subject only to the terms and provisions of this memorandum of understanding. Management exercises its apparent right of administrative initi- ative and the employee organization may, if it wishes, challenge through the grievance procedure. The City has stated that they are not in fact attempting to reduce the rights of the employee organization to work through the grievance procedure. For this reason, Mr. Lujan asks that the City consider one of the following modifications to the existing language. "...subject to the terms and the conditions of this memorandum of understanding. "...The City and the International Association of Fire- fighters agree that both have obligations and responsi- bilities to see that the provisions of this memorandum of understanding are followed in accordance with the State law or Code. Mr. Matthews mentioned that issue No. 3 was not within his power to negotiate, but indicated that he would be happy to represent the affected fire fighters if empowered by the local Union. Mr. Matthews said he met with the Union and they ratified the contract at that time, subject to working out the disputed issues with Council. Mr. Matthews said there are six options, from the fire fighters' point of view, that can resolve issue No. 4 (referring to two options submitted by Mr. Lujan in his letter dated August 17, 1978, and four alternate proposals from Mr. Matthews handed to Council this evening). Mayor Demsher expressed Council's desire to adhere to the procedure set down by state law as recommended by the City Manager. With the concurrence of Council, Mayor Demsher referred the item back to staff for study and determination of its position and for return to the bargaining table for anticipated settlement of the issues. Mr. Matthews was advised that the appropriate staff member would be contacting him. Tax Action Group - Representative at Council Meetings In a communication to Council dated August 4, 1978, Shirley Ambrosini, President of the Tax Action Group of Shasta County, advised that Mr. 13:� Carroll Hammar will be attending all of the Council meetings as a representative of said group. 244 Department of Water Resources - Notice of Public Meetings for Sacramento River and Tributaries Council received notice of initial public meetings to be held on September 7, 1978, at the Elks Lodge in Red Bluff, and on September 12, 1978, at the Department of Transportation in Sacramento, California, to hear Corps of Engineers personnel describe erosion problems and work to be performed along some 312 miles of the Sacramento River from Collinsville to Shasta Dam and along the lower reaches of the principal tributary streams. Councilwoman Gard stressed the importance of formulating some succinct, well thought out comments for presentation at the hearing and for submission in writing. She recommended that other agencies be requested to do likewise. Mrs. Gard pointed out that agencies such as the Shasta -Cascade Wonderland Association, the Chamber of Commerce, and others, may wish to make a joint effort to make the position of the City of Redding evident. She believes that anyone familiar with the work done by the Corps of Engineers understands that what is being proposed could be very detrimental to the Sacramento River within the boundaries of the City of Redding. Mayor Demsher agreed that Council needs to go on record at the hearings as being concerned with erosion, etc., however, protecting the integrity of the Sacramento River is also vital. He pointed out that if the River is made a flume, it will be hazardous to the fishery. He felt that other cities in the Sacramento Valley Division of the League of California Cities need to be made aware of this pro- posal. City Manager Brickwood said the Sierra Club might be interested in this proposal. Councilman Fulton questioned why Mayor Demsher and Councilwoman Gard felt so strongly about this project. Mayor Demsher replied that he is familiar with other projects accomplished by the Corps which have had an adverse effect on the River, referring to an area between Sacramento and Antioch. Council- woman Gard agreed that work accomplished by the Corps has been detrimental to riparian habitat. Mayor Demsher directed staff to write letters to the Board of Super- visors, the Chamber of Commerce, the Sacramento Valley Division of the League of California Cities, Shasta -Cascade Wonderland Association, the League of Women Voters, and the Department of Fish and Game apprising them of these public hearings and urging verbal and written participation. Council Members agreed that representation from Council would be arranged prior to the hearing dates. NORTH BONNYVIEW SEWER ASSESSMENT DISTRICT Mr. Samuel Sperry of Sturgis, Ness and Brunsell, City of Redding Bond Counsel, submitted the following document for adoption re North Bonny - view Sewer Assessment District: Resolution - Approving Official Statement MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-138 be adopted, a resolution approving the L2 Official Statement, North Bonnyview Area Sewer Assessment District 1, No. 1978-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-138 is on file in the office of the City Clerk. The hour of 2:00 P.M., September 18, 1978, in the office of the City Clerk is the time and place for the receipt of bids for the purchase of improvement bonds in North Bonnyview Area Sewer Assessment District No. 1978-1. 1 1 1 1 1 245 PETITION - Requesting Sewer Assessment District Proceedings for Wilsey Drive and other Streets Public Works Director Arness submitted a copy of an informal petition from S_.� the property owners in the proposed Wilsey Drive and other streets area requesting formation of a sewer assessment district. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton referring said petition to the Public Works Department for study and appropriate action. The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Accounts Payable Register No. 4, check nos. 58968 to 59139, inclusive, in the amount of $494,215.80 for the period ending August 18, 1978, be approved and paid, and that Payroll Register No. 3, check nos. 103547 to 104090, inclusive, salaries in the amount of $261,274.88 for the period July 23, 1978, through August 5, 1978, be approved. Total $755,490.68 Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh CLAIMS FOR DAMAGE - lst hearing I o�-- John A. Moody - Claim filed 8/15/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by John A. Moody on August 15, 1978 '� 3 be referred to the City Insurance Committee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 18, 1978. The Vote: Unanimous Ayes Arlene Lawrence - Claim filed 8/15/78 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Claim for Damage filed by Arlene Lawrence on August 15, I 1978 be approved in the amount of $142.13 on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes Frank Sanders - Claim filed 8/2/78 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Claim for Damage filed by Frank Sanders on August 2, 1978 be denied, based on the recommendation of the City Insurance Committee, and that the claimant be -so advised. The Vote: Unanimous Ayes Dale's T.V. and Radio, Inc. - Claim filed 8/7/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by Dale's T.V. and Radio, Inc. on August 7, 1978 be referred to the City Attorney and the City 3 Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 18, 1978. The Vote: Unanimous Ayes Melody G. Scheffel - Claim filed 8/15/78 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Claim for Damage filed by Melody G. Scheffel on August 15, 1978 be referred to the City Attorney and the City Insurance Z 3 Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 18, 1978. The Vote: Unanimous Ayes David D. Beauchamp - Claim filed 7/26/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by David D. Beauchamp on July 26, 1978 be referred to the City Insurance Committee, and that the la City Clerk be instructed to place the Claim on the agenda for the meeting of September 18, 1978. The Vote: Unanimous Ayes 246 RESOLUTION - Establishing "Stop" Sign on Huntington Drive MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-139 be adopted, a resolution of the City Council of the City of Redding amending the "Traffic Control Map" by establishing a "stop" sign on Huntington Drive at Churn Creek Road. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-139 is on file in the office of the City Clerk. ORDINANCE - Amending Municipal Code Pertaining to Vehicles for Hire MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1400 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Ordinance No. 1400 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.32 of the Redding Municipal Code by repealing Section 6.32.150, and substituting therefor a new Section 6.32.150 pertaining to vehicles for hire. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Ordinance No. 1400 is on file in the office of the City Clerk. REZONING APPLICATION RZ-8-78 - Robert Miller MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton setting a public hearing for 7:30 P.M., September 5, 1978, for consideration of Rezoning Application RZ-8-78 by Robert Miller. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP - E1 Verano Estates Council was advised that the Planning Commission has approved the Tentative �\ Subdivision Map for E1 Verano Estates, subject to nineteen conditions. Council was provided a list of the conditions. The location of the sub- division was shown on the Vu Graph. TENTATIVE SUBDIVISION MAP - Woodside Meadows Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Woodside Meadows, subject to sixteen conditions. Council was provided a list of the conditions. The location of the sub- division was shown on the Vu Graph. TENTATIVE...SUBDIVISION MAP - Ridge Crest Subdivision, Unit No. 1 Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Ridge Crest Subdivision, Unit No. 1, subject to seven- teen conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. LIMITED PARKING ZONE - North side of Tehama Street East of Court Street Traffic Engineer Hamilton reported that at its regular meeting on August 14, 1978, the Traffic and Parking Commission considered the request of Ed Thacker of the YMCA Youth and Family Counseling Service for a 30 -minute limited parking zone to facilitate access to their facility on Tehama Street by police and sheriff's vehicles. The location was shown on the Vu Graph. Mr. Hamilton said that after considering various alternatives, the Commission voted unanimously to recommend to Council the establishment of a 30 -minute limited parking zone in the first parking space on the north side of Tehama Street, east of Court Street. 1 7 1 247 Councilwoman Gard asked if it would be more advantageous to mark the spot "Police and Sheriff Vehicles Only?" She felt enforcement of the parking zone would be easier. Mr. Thacker said that their facility is busy with community activity and a lot of parents stop by. He felt it would be preferable to provide for constant rotation of the public and law enforcement agencies using the parking space. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the recommendation of the Traffic and Parking Commission and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes PARKING PROHIBITION - North side of Placer Street adjacent to Jay Street Traffic Engineer Hamilton reported that at its regular session on August 14, 1978, the Traffic and Parking Commission considered the request of Com- missioner Arnold to prohibit parking on Placer Street in order to provide safe sight distance for cars entering from Jay Street. Mr. Arnold has contacted the property owners on both sides whose frontage would be affected, and they approve of the prohibition. The Commission unanimously voted to recommend that parking be prohibited at all times on the north side of Placer Street for 100 feet each side of the centerline of Jay Street. The area was depicted on the Vu Graph. Mayor Demsher said the east corner of Olive and Placer is another difficult one to see around. He said if there is a truck parked there, it is risky business trying to get out on to Placer Street. He suggested that perhaps this corner should be looked at also. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the aforestated recommendation of the Traffic and Parking Commission and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes PARKING PROHIBITION - Yuba Street West of Pine Street Traffic Engineer Hamilton reported that it has been brought to his attention that a serious problem exists in the 1300 block of Yuba Street, where youths congregate on Friday and Saturday evenings. Shoppers utilizing the Mall are uncomfortable with the presence of the young people and this entrance to the mall is used less and less by customers. The area is littered with broken glass and debris. Mr. Hamilton said, as an aid to the Police Department in controlling this situation, it has been suggested that parking be prohibited between 7:00 P.M. and 6:00 A.M. at this location. The Police Chief is in agreement with the proposed hours. Mr. Hamilton said it is his understanding that the businesses in the area have been contacted and are in accord with this action. It is, therefore, recommended that parking be prohibited between 7:00 P.M. and 6:00 A.M. in the 1300 block of Yuba //3 i' Street. Councilwoman Gard desired assurance that the occupants of the Crocker Bank building are aware of the proposal. City Manager Brickwood said that Bob Chatfield has discussed this problem with him and indicated that the occupants of the building had been contacted and agreed that they would rather have the minimum parking zone because this would offer greater protection to their customers. Mr. Brickwood said that people are not using that entrance or exit to the Mall because of the abuse they receive and because of the litter of broken glass and debris. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the aforestated recommendation that parking be prohibited between 7:00 P.M. and 6:00 A.M. in the 1300 block of Yuba Street and instructing the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes AR] PUBLIC HEARING - Abandonment Application A-7-78, by Robert Miller The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Abandonment Application A-7-78, by Robert Miller. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 8/14/78 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. The area under consideration for abandonment was shown on the Vu Graph. Planning and Community Development Director Harris reviewed the recommendation of the Planning Commission as set forth in his memorandum to Council dated August 14, 1978. It is the unanimous recommendation of the Planning Commission that 140 feet of Sacramento Street, east of Pleasant Street, be abandoned. Council may recall that Sacramento Street, east of this property, was abandoned in 1976. At that time, this section was not included since the two adjoining property owners were opposed. Both property owners now agree to the abandonment. The street is presently a "paper" street, never having been improved. It is the opinion of both the Planning Commission and staff that the street is not necessary to be retained as public right of way and could be better used as part of the adjoining properties. If the abandonment is approved, the right of way will revert to the adjoining property owners, 30 feet to the north and 30 feet to the south. It is the recommendation of both the Planning Commission and the staff that the City Council abandon the right of way. If Council concurs, the City Attorney has prepared a resolution for adoption. It is also recommended that Council ratify the Negative Declaration. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton concurring with the following findings contained in the Negative Declaration approved by the Planning Commission concerning Abandon- ment Application A-7-78, by Robert Miller: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-140 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Sacramento Street, from Pleasant Street easterly for a distance of 140 feet. (A-7-78) Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-140 is on file in the office of the City Clerk. u 1 1 249 PUBLIC HEARING - Variance Application V-6-78, by Randall R6iswig The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Variance Application V-6-78, by Randall Reiswig. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 8/16/78 The City Clerk advised Council that no written protests had been received. Planning and Community Development Director Harris reviewed the Department memo to Council stating that at its regular meeting of June 13, 1978, the Planning Commission unanimously denied the variance requested by Randall Reiswig to construct a three -vehicle carport encroaching into the required street sideyard. The property % is located at 3909 Mercury Drive in a "U" Unclassified District. The location was shown on the Vu Graph. The applicant's property is an 8300 square -foot corner lot located in an area previously zoned R-1 in the County. The County street side -yard setback in an R-1 District is ten feet. The street side -yard setback required in the City is 7.5 feet. Mr. Harris noted that in order to approve the variance, the State law requires the decision-making body to find the criteria listed below to be in evidence: 1. That because of special circumstances applicable to the subject property, including shape, size, topography, location of surroundings, the strict application of the zoning ordinance would deprive the subject property of privileges enjoyed by other properties in the vicinity or under identical zone classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application will not, under the circumstances of the particular case, adversely affect to a material degree the health or safety of persons residing or working in the neighborhood of the subject property and will not be materially detrimental to the public welfare or materially injurious to property or improvements in the neighborhood of the subject property. Mr. Harris pointed out that it is the opinion of both the Planning Commission and the staff that there is no hardship or special circumstance such as slope, width, or lot shape that makes the applicant's property different from any other corner lot in this neighborhood and, thus, the criteria for granting a variance are not in evidence. Street side -yard requirements are designed to provide for light and air around buildings, to prevent over- crowding, to provide better visibility on corner lots and for safety in case of fire. Unless new evidence is submitted that would meet the criteria for a variance, it is the recommendation of the staff that the appeal be denied and the action of the Commission upheld. City Attorney Murphy said that the criteria set forth in State law must be met and up to this point, no evidence has been submitted 250 which would justify Council granting the appeal. He noted that unless new evidence is presented at the hearing, as a matter of law, Council is precluded from granting the variance. Randall Reiswig, 3909 Mercury Drive, said that in driving around Redding, they have noticed various areas where carports abut the property line. He questioned why he isn't allowed to do the same thing and feels that he is being discriminated against. He maintained that the construction of the three -vehicle carport would improve his property and it would be more useful to him. Councilwoman Gard asked Mr. Reiswig if he had a copy of the findings necessary for granting a variance. Mr. Reiswig answered in the affirmative. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes Mayor Demsher noted that he felt this is a matter of law rather than discrimination against the applicant. City Attorney Murphy said that Council must make all three findings from the State Planning Act. He reemphasized that on the evidence submitted to the Planning Commission and up to the hearing this evening, there wasn't anything presented that would make it legally possible for Council to approve this variance request. He pointed out that State law makes it very difficult to grant a variance. Councilwoman Gard observed that she could see a real problem, particularly with Finding 3. She felt that construction of this carport would adversely affect the safety of those in the neighbor- hood because it would create a blind intersection. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Variance Application V-6-78 by Randall Reiswig be denied. The Vote: Unanimous Ayes PUBLIC HEARING - East Palisades and View Avenue Sewer Assessment District The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the East Palisades and View Avenue Sewer Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Mailing and Posting - Notice of Public Hearing Report of the Superintendent of Streets dated 7/31/78 The City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. Associate Civil Engineer Hastings noted that this hearing was being held to hear protests, if any, on the final costs for subject sewer assessment district. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-141 be adopted, a resolution of the City Council of the City of Redding confirming the report of the Super- intendent of Streets on the cost of construction of certain 251 improvements in certain designated locations in the City of Redding, and making assessments to pay the cost thereof. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-141 is on file in the office of the City Clerk. PUBLIC HEARING - Acquisition of Easements for North Bonnyview Sewer Assessment District The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing re acquisition of easements for the North Bonnyview Sewer Assessment District. The following document is on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing The City Clerk advised Council that one written protest has been received from Kenneth C. and Phyllis Jordan, 2920 North Bonnyview, Redding. Associate Civil Engineer Hastings noted that this public hearing was being held to hear protests, if any, with regard to acquisition of easements for subject sewer assessment district. Councilwoman Gard asked if anyone had talked with the Jordans? Mr. Hastings replied that the Right of Way Agent and Appraiser had talked with them. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard concurring with the following findings contained in the Negative Declaration approved by the Planning Commission concerning the formation of an assessment district for installation of sanitary sewers for North Bonnyview Sewer Assessment District: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding. California. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-142 be adopted, a resolution of the City Council of the City of Redding 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 a sewer line for the North Bonnyview Sewer Assessment District. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-142 is on file in the office of the City Clerk. 252 AWARD OF BID - Construction of Aircraft Parking Area at Redding Municipal Airport MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Public Works Director that Bid Schedule No. 1038, Construction of Aircraft Parking Area at Redding Municipal Airport, be awarded to North Valley Construction Company, Inc. on their low bid in \� the amount of $17,917.03. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh AWARD OF BID - Pavement Markers MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Public Works Director that Bid Schedule No. 1035, Pavement Markers on Various Streets in the City of Redding, be awarded to J. F. Hourigan Co. on their low bid in the amount of $54,583.50. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh PLACER HILLS WEST SUBDIVISION - Acceptance of Improvements and Streets Public Works Director Arness reviewed his memorandum to Council dated August 16, 1978, stating that the developer, State Wide Developers, Inc. has completed satisfactorily the installation of all improvements in the Placer Hills West Subdivision as of July 21, 1978. He advised Council that the developer chose to construct the homes in the subdivision prior to acceptance of the improvements. Most of the lots have been developed and the developer now desires to have the City accept the public improve- ments for maintenance and operation. Mr. Arness noted that in order to provide sewer service for this subdi- vision, the developer was to install a sanitary sewer through an improved recorded utility easement on a lot in the adjacent subdivision. The developer was to return the property to as close to pre -construction condition as possible; however, they have been unable to resolve construction differences with the person who owns the land having the recorded utility easement. The matter was finally placed in the hands of the City Attorney and the developer's attorney for final disposition. On July 21 the City Attorney sent a letter to the property owner indicating that the City considers the matter closed. Mr. Arness said it is the recommendation of the Public Works Department that Council accept the improvements in Placer Hills West Subdivision for maintenance and operation and direct the City Clerk to return the security to the developer. The City Attorney has prepared the necessary resolution in order for the City to accept the streets in the subdivision for maintenance. Councilwoman Gard asked the City Attorney if the legal matter was settled to his satisfaction. City Attorney Murphy replied in the affirmative. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting the improvements in Placer Hills West Subdivision for maintenance and operation and directing the City Clerk to return the security to the developer. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 78-143 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Winchester Place, Remington Drive, Jasper Way, Slate Court, and Wisconsin Avenue within Placer Hills West Subdivision. 1 1 1 N 1 Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-143 is on file in the office of the City Clerk. INDIAN HILLS SUBDIVISION, UNIT NO. 2 - Acceptance of Improvements and Streets MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard accepting the improvements in the Indian Hills Subdivision, Unit No. 2, as being completed satisfactorily and instructing the City Clerk to return the securities to the developer. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 78-144 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Navaho Court and the 4200 foot extension of Starlight Boulevard within Indian Hills Subdivision. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-144 is on file in the office of the City Clerk. 253 loy PARKSIDE MANOR SUBDIVISION, UNIT No. 2 - Acceptance of Final Map MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Final Map, Parkside Manor Subdivision, Unit No. 2, be accepted, that the City Clerk be instructed to record the map with the Shasta County Recorder, U and that the Mayor be authorized to sign the Subdivision Agreement. The Vote: Unanimous Ayes MATTHEW GARDENS SUBDIVISION - Acceptance of Final Map MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Final Map, Matthew Garden Subdivision, be accepted, that the City Clerk /O be instructed to record the map with the Shasta County Recorder, and that the Mayor be authorized to sign the Subdivision Agreement. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Lake Boulevard 12 -Inch Transmission Main Public Works Director Arness stated that Gary H. Drumm has completed all items of work on this project as of May 16, 1978. The original bid price for this project was $78,864.50, and the final contract price is $87,350.54. The difference between the original bid and the final contract price is due to the City inadvertently leaving out the fire hydrant connections to the n new line when the initial application for Federal funds for this project was J j made. Mr. Arness said it is the recommendation of the Department of Public Works that the construction of the 12 -inch transmission main, Bid Schedule (y No. 977, be accepted as being completed satisfactorily and that the City Clerk be authorized to file a Notice of Completion. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the aforestated recommendation. The Vote: Unanimous Ayes CARDBOARD RECYCLING Request of Robert L. Walden Public Works -Director Arness advised Council that Robert L. Walden has requested that the City furnish him cardboard for a recycling venture. He indicated that the City has not reviewed the total pros and cons of a recycling program; however, he feels that recycling of various components of the solid waste stream where the recycling is energy efficient, should _ n be pursued. Mr. Arness reviewed his recommendation to Council dated =� /1 254 August 15, 1978, consisting of seven conditions, which memo is made a part of these minutes by reference. Mr. Arness noted that the final negotiated trial period conditions will be reviewed by the City Attorney and himself with final approval of the City Manager. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Public Works Director pertaining to cardboard recycling with the understanding that the final negotiations will be subject to the approval of the City Attorney and the City Manager. The Vote: Unanimous Ayes HILLTOP DRIVE EXTENSION Public Works Director Arness stated that the City had recently responded to a lot split proposed in the County in the vicinity of Hilltop Drive and Lake Boulevard east. As a result of comments made by the City staff, the County imposed a condition on the lot split requiring dedication of right of way for a future realignment of Hilltop Drive north of Doc's Hilltop Restaurant. This condition has been appealed to the Board of Supervisors. Mr. Arness noted that the City has subsequently met with a representative of the property owner and Shasta County officials to discuss the situation. It is the opinion of both City and County staff that the two agencies should jointly undertake a plan line study to resolve the ultimate realignment of Hilltop Drive. Based on that dis- cussion, Mr. Arness said it is respectfully requested that Council, along with the Shasta County Board of Supervisors, initiate a plan line study for the extension of Hilltop Drive to its ultimate connection with Lake Boulevard. Various connection proposals of Hilltop Drive with Lake Boulevard were depicted on the Vu Graph. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council, in conjunction with the Shasta County Board of Supervisors, initiate a plan line study for the extension of Hilltop Drive to its ultimate connection with Lake Boulevard. The Vote: Unanimous Ayes ORDINANCE - Establishing Speed Limits on Certain Streets Councilwoman Gard offered Ordinance No. 1401 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11.12 of the Redding Municipal Code by repealing Section 11.12.010 and substituting therefor a new Section 11.12.010, establishing speed limits on certain streets. MUNICIPAL FINANCING CONSULTANT - Proposal for 1978 Water Revenue Bond Authorization and Sale City Attorney Murphy gave an oral report on the proposal of John G. Vande Pol, Municipal Financing Consultant, for the 1978 Water Revenue Bond Authorization and Sale. Mr. Murphy said it is his recommendation that the City contract for the services of Mr. Vande Pol with respect to the Bond Measure. His proposal provides for services to be rendered up to November 7, 1978, election day, at a maximum expenditure not to cJ� exceed $4500. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the aforestated recommendation. The Vote: Unanimous Ayes RESOLUTION - Ordering Abatement of Building at 2100 El Reno Lane MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 78-145 be adopted, a resolution of the City Council of the City of Redding approving the Report and Findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building on property at 2100 El Reno (Liza A. Smith property). Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-145 is on file in the office of the City Clerk. 1 N 1 RESOLUTION - Establishing Tax Rate MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Resolution No. 78-146 be adopted, a resolution of the City Council of the City of Redding setting the tax rate for the fiscal year 1978-79. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Councilmen - None Absent: Councilmen - Kirkpatrick and Pugh Resolution No. 78-146 is on file in the office of the City Clerk. REQUEST FOR CARD ROOM PERMIT - 2427 Athens Avenue Coucil was advised that the City Clerk's office has received an appli- cation for a card room permit from Walter Clifford Martin. The Police Department has completed its investigation of Mr. Martin and has determined that there is no valid reason for not issuing the permit. The City Clerk advised Council that Mr. Martin has paid for his business license, and it has been cleared by the Building Department, the Planning Department and Fire Department. The authority for granting or refusing to grant a card room permit lies with the City Council. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the request for a card room permit for operation at 2427 Athens Avenue. The Vote: Unanimous Ayes EXECUTIVE SESSION - Re Pending Litigation At the hour of 8:30 P.M., the Mayor declared an Executive Session re pending litigation. At the hour of 8:35 P.M., the Mayor reconvened the meeting. City Attorney Murphy recommended settlement of litigation involving the City of Redding as follows: 1. City of Redding vs. Harold Baugh et al (John and Dorothy Clayborne and Tri -County Bail Agency), in the amount of $1,750.00; 2. City of Redding vs. Leo Coleman et al in the amount of $9,000.00. 255 lk MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the City Attorney. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses: Omar's, 1250 Hartnell Avenue 7 -Eleven Store, 3400 Bechelli Lane Enterprise Produce, 1380 Hartnell Avenue Shasta -Cascade Wonderland Association Publicity Notice of Hearing before t: ADJOURNMENT There being no further business declared the meeting adjourned. ATTEST: 7 ty- Clerk PUC re Streetlighting at the hour of 8:40 P.M., Mayor Demsher APPROVED: Mayor �)qo4 09