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HomeMy WebLinkAboutMinutes - City Council - 1977-08-15W. City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California August 15, 1977 7:00 P.M. The Pledge of Allegiance to the Flag was led by Electric Department Superintendent Mix. The invocation was offered by the .Reverend Bill Moore, Pastor of First Southern Baptist Church. The meeting was called to order at 7:00 P.M. by Mayor Fulton with the following Councilmen present: Anderson, Demsher, Gard, Pugh, and Fulton. Absent: None Also present were Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness, Planning and Community Development Director Harris, Electric Director Simpson, Housing Administrator Henson, Associate Civil Engineers Hamilton, Hasting, and Mathis, Associate Planner Perry, Airports, Manager McCall, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilman Anderson, seconded by Councilman Demsher approving the minutes of the regular meeting of August 1, 1977 as mailed to each Councilman. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Redding Peace Officers Association MOTION: Made by Councilman Anderson, seconded by Councilman Pugh approving the request of the Redding Peace Officers Association for permission to sell beer at its baseball tournament to be held at Redding Softball �. Park on Sunday, August 28, 1977. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Pugh, and Fulton Noes: Councilwoman - Gard Absent: Councilmen - None Redding Men's Softball Association MOTION: Made by Councilman Anderson, seconded by S Councilman Demsher ratifying the action taken by Council in a telephone poll wherein the request of the Redding Men's Softball Association for permission to sell beer during a benefit softball game at Redding Softball Park on Friday, August 12, 1977 was approved. Voting was as follows: Ayes: Councilmen. - Anderson, Demsher, Pugh, and Fulton Noes: Councilwoman - Gard Absent: Councilmen - None DELEGATES TO LEAGUE CONFERENCE MOTION: Made by Councilman Demsher, seconded by Councilman ^� Anderson approving the designation of Councilman Pugh as a Voting I Delegate and City Attorney Murphy as Alternate Voting Delegate at the Annual League of California Cities Conference to be held in San Francisco on September 26-28, 1977. The Vote: Unanimous Ayes 1 1 C APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS MOTION: Made by Councilman Anderson, seconded by Councilman Demsher that Accounts Payable Register No. 4, check nos. 52228 to 52540, inclusive, in the amount of $490, 719.45 be approved and paid, and that Payroll Register No. 3, check nos. 90592 to 91112, inclusive, salaries in the amount of $249, 106. 50 for the period July 24, 1977 through August 6, 1977 be approved. Total $739,825.95 Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Jack Shelton, M.D. - Claim filed 7/28/77 MOTION:, Made by Councilman Demsher, seconded by Councilman Pugh that the Claim for Damages and Personal Injury filed by Jack Shelton, M.D., on July 28, 1977 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the claim on the agenda for the meeting of September 19, 1977. The Vote: Unanimous Ayes H. & V. Coles and F. & M. Shuman - Claim filed 8/10/77 MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that the Claim for Damages filed by H. & V. Coles and F. & M. Shuman on August 10, 1977 be re- ferred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the claim on the agenda for the meeting of September 19, 1977. The Vote: Unanimous Ayes (a- 3 E • SETTLEMENT OF CLAIM i 3 Council was advised that the claim of Christine Lewis has been settled by the City Insurance Carrier in the amount of $280.68. ORDINANCE - re PD -1-73 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1342 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Anderson, seconded by Councilman Pugh that Ordinance No. 1342 be adopted, an ordinance of the City I �/ Council of the City of Redding amending Section 18.06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (Amending PD -1-73) Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1342 is on file in the office of the City Clerk. AGREEMENT - R. E. Hobbs and Associates Electric Department Director Simpson recommended Council approval of an agreement between the City of Redding and R. E. Hobbs and Associates, Inc. , for the survey of the transmission line from the City `%,- of Redding to Keswick Dam Substation. This is a professional contract and is on a per hour basis not to exceed $8, 000. 00. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the agreement between the City of Redding and R. E. Hobbs and Associates, Inc. , and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes 210 SUNSET TERRACE SUBDIVISION - Unit No. 6 Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Sunset Terrace, Unit No. 6, subject to nineteen conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. LAKEWOOD ESTATES SUBDIVISION Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Lakewood Estates Subdivision, subject C� to thirteen conditions. Council was provided a list of the conditions. 1 The location of the subdivision was shown on the Vu Graph. In reply to Councilman Pugh's inquiry as to how much area is to be dedicated for park purposes, Planning and Community Development Director Harris stated it is about half an acre. SACRAMENTO RIVER SUBDIVISION - Unit No. 2 Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Sacramento River Subdivision, Unit No. 2, subject to nineteen conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. SHASTA ENTERPRISES SUBDIVISION Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Shasta Enterprises, by Rod Rodriguez, subject to nineteen conditions. Council was provided a list of the conditions. The -location of the subdivision was shown on the Vu Graph. Planning and Community Development Director Harris stated that sub- sequent to the Commission's action, the property owner has filed a letter appealing the conditions of approval as recommended by the Planning Commission. It is suggested that Council set a public hearing for September 6, 1977 to consider the appeal. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that a Public Hearing be set for 7:30 P.M. on September 6, 1977 to con- sider the Appeal of Rod Rodriguez re conditions of approval of Tentative Subdivision Map for Shasta Enterprises. The Vote: Unanimous Ayes GENERAL PLAN AMENDMENT AND ANNEXATION REQUEST - GPA -1-77 MOTION: Made by Councilman Anderson, seconded by Councilman Pugh that a Public Hearing be set for 7:30 P.M. on September 6, 1977 re General Plan Amendment Application GPA -1-77 and Annexation Request by Humboldt Financial Services, Inc. The Vote: Unanimous Ayes REZONING APPLICATION - PD -3-77 MOTION: Made by Councilman Demsher, seconded by Councilman I Anderson that a Public Hearing be set for 7:30 P.M. on September 1� 6, 1977 to consider Rezoning Application PD -3-77, ''Park Marina Village'', by Modus Operandi Development Company. The Vote: Unanimous Ayes ENTERPRISE ANNEX - No. 77-17 C` Vfiicilman Pugh abstained from discussion and voting on this item. i �� MOTION: Made by Councilman Anderson, seconded by Councilwoman Gard approving the commencement of annexation proceedings for O Enterprise Annex No. 77-17 and authorizing staff to prepare the necessary application to the Local Agency Formation Commission. The Vote: Unanimous Ayes with Councilman Pugh abstaining. S ENTERPRISE ANNEX - No. 77-18 ,)AVMOTION: Made by Councilman Anderson, seconded by Councilwoman 1 1 1 1 Gard approving the commencement of annexation proceedings for Enterprise Annex No. 77- 18 and authorizing staff to prepare the necessary application to the Local Agency Formation Commission. The Vote: Unanimous Ayes ENTERPRISE ANNEX - No. 77-19 - Councilman Pugh abstained from discussion and voting on this item. Planning and Community Development Director Harris reported that Mr. Ron Largent and Mr. John Sabanovich have requested commence- ment of annexation proceedings for 50 acres located on the south side of Hartnell Avenue and west of Argyle Estates to the City of Redding. Since the subject property would be contiguous to the City only on the north side, it is recommended that this application be referred to the Planning Commission for report and recommendation. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher referring the annexation request for Enterprise Annex No. 77-19 to the Planning Commission for report and recommendation. The Vote: Unanimous Ayes with Councilman Pugh abstaining. 211 ENTERPRISE ANNEX - No. 77-7 Planning and Community Development Director Harris advised Council that on July 13, 1977, the Local Agency Formation Commission approved Enterprise Annex No. 77-77, an inhabited annexation of 71 acres. The next step in the procedure is the requirement that the proponents publish a notice of intention to circulate a formal petition. Once this has been accomplished, Council will be requested to adopt a resolution acknowledging receipt of the notice and authorizing circulation. AGREEMENT - re Police Patrol Boat MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving an Agreement between the City of Redding and County of J Shasta re use of a police patrol boat, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes TRAFFIC AND PARKING COMMISSION RECOMMENDATIONS Conversion of Metered Zones from One to Two Hours MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving the recommendation of the Traffic and Parking Commission re conversion of metered zones from one to two hours in the following areas, in the interest of maintenance and uniform monitoring: Both sides of Yuba Street from the S. P.R. R. to California, and from the Mall to Pine Street; the north side of Butte Street from the Mall to Pine Street; both sides of Placer Street from the S. P. R. R. to East Street; both sides of Sacramento Street from Market Street. to Pine Street; both sides of Market Street from the Mall to Sacramento Street; both sides of Pine Street from Placer Street to Sacramento Street. The Vote: Unanimous Ayes J/ Yield Sign on Hilltop Drive at Long's Drug Store MOTION: Made by Councilman Anderson, seconded by Councilman Pugh authorizing a yield sign to require north- / / 36 bound traffic on Hilltop Drive to yield to traffic entering or / I exiting the driveway to Long's Drug Store. The Vote: Unanimous Ayes 212 3� Loading Zone MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Traffic and Parking Commission re installation of a one -space yellow loading zone on the north side of Sacramento Street just west of the door to Motor Supply Company. The Vote: Unanimous Ayes REDDING MUNICIPAL AIRPORT - Dean Murray Agreement Councilman Pugh abstained from discussion and voting on this item. Airports Manager McCall reported that Mr. Dean Murray has re- quested a four year lease extension for farming at Redding Municipal Airport in order to qualify for an FHA Disaster Loan. His present lease expires December 31, 1978. It is the recommendation of the Airports Commission that the lease be extended for four years to expire on December 31, 1982, under the same conditions with the following changes: 1. Lease area increased to 300 acres 2. Sometime during the four year lease Mr. Murray will \� clear 40 acres of heavy manzanita in exchange for the right to farm same at no extra charge. 3. Two acres designated by the Airports Manager for bin storage of grain and hay. Storage area to be restored at end of lease. Charge to be $50 per year for storage area. 4. Area in Master Plan for future taxiways and terminal parking area. Can be removed from lease at the option of the -City of Redding if required for future development. MOTION: Made by Councilman Demsher, seconded by Councilman Anderson approving the recommendation of the Airports Commission re extension of Dean Murray Agreement. The Vote: Unanimous Ayes with Councilman Pugh abstaining. REDDING MUNICIPAL AIRPORT AND BENTON AIRPARK - Landing Fees It is the recommendation of the Airports Commission that landing fees at Redding Municipal Airport and Benton Airpark be revised as set forth in Ordinance No. 1344. Airports Manager McCall noted that the ordinance includes a provision for charging landing fees for aircraft under special contract with the Federal, State, or County government. Mr. McCall stated that this is 1`D a change from our present practice but it is being done at other airports. Councilman Pugh offered Ordinance No. 1344 for first reading, an \✓ ordinance of the City Council of the City of Redding amending Chapter 3.04 of the Redding Municipal Code by repealing Section 3.04. 030 and substituting therefor a new Section 3.04.030, pertaining to landing fees at Redding Municipal Airport and Benton Airpark. PUBLIC HEARING - St. Nicholas;Ward; Mira Vista Street A.D. 1977-3 The hour of 7:30 P.M. having arrived, Mayor Fulton opened the Public Hearing on St. Nicholas; Ward; Mira Vista Street W Assessment District 1977-3 J 1 1 The following documents are on file in the office of the City Clerk: Certificate of Publication of Notice of Improvement Certificate of Publication of Notice Inviting Construction Bids Certificate of Publication of Notice Inviting Bids on Improve- ment Bonds Certificate of Mailing Copies of Notice of Improvement Certificate of Mailing Additional Copies of Notice of Improvement Certificate of Posting Notice of Improvement Quartercards The City Clerk advised Council that written protests have been received from the following persons: Mr s. Emily J Mr. and Mr s. J. F. Coryell Dwain Harty Enstrom J. H. Harty The Mayor ascertained that there were no protests from the floor. Project Engineer Hastings advised Council that the Assessment District includes improvements in three different geographic locations within the City. The locations were shown on the Vu Graph. Requests for such improvements were received almost simultaneously and it was determined that savings to property owners could be effected by combining all three in one assess- ment district. The assessments are basically for street im- provements except for a water line to be installed in July Way. Bond Counsel Sam Sperry stated that the written protests com- prise approximately 7% of the total acres involved. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the Public Hearing be closed. The Vote: Unanimous Ayes Resolution - Overruling Protests MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-149 be adopted, a resolution overruling protests , St. Nicholas; Ward; Mira Vista Street Assessment District 1977-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-149 is on file in the office of the City Clerk. Resolution - And Order Approving Engineer's Report, etc. MOTION: . Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-150 be adopted, a resolution and order approving Engineer's Report, ordering construction of improvements and acquisitions and confirming assessment in St. Nicholas; Ward; Mira Vista Street Assessment District 1977-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-150 is on file in the office of the City Clerk. 213 S (0 S�/ 214 Resolution - Authorizing Changes in Work �I MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-151 be adopted, a resolution authorizing changes in the work to be made by the Engineer of Work of St. Nicholas; Ward; Mira Vista Street Assessment District 1977-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-151 is on file in the office of the City Clerk. Award of Bid MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving the recommendation of the Department of Public Works that Bid Schedule No. 955, St. Nicholas, July, August, Ward, and Mira Vista Street Improvements, be awarded to John M. Frank, Inc., on his low bid in the amount of $170,901.15. �1n� Voting was as follows: w Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution - Award of Contract MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-152 be adopted, a resolution of award of contract, St. Nicholas; Ward; Mira Vista Street Assess- ment District 1977-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-152 is on file in the office of the City Clerk. Notice of Award of Contract Resolution - Authorizing Sale of Bonds MOTION: Made by Councilman Pugh, seconded by Councilman I Anderson that Resolution No. 77-153 be adopted, a resolution 4 �`� authorizing sale of bonds, St. Nicholas; Ward; Mira Vista Street Assessment District 1977-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-153 is on file in the office of the City Clerk. PUBLIC HEARING - Acquisition of Easements - Interceptor Sewer Line The hour of 7:30 P.M. having arrived, Mayor Fulton opened the Public Hearing re Acquisition of Easements - Interceptor Sewer �( Line, Redding Regional Wastewater Project. The following documents are on file in the office of the City Clerk: Affidavits of Mailing - Notice of Public Hearing 1 1 1 The City Clerk advised Council that communications have been received from the following persons requesting to be heard or protesting the acquisition of easements- W. asements: W. E. & W. J. Baker Elmer and Evelyn Mason William A. Moore A. E. Handerson (P.G. &E. ) H. & B. Shervan W. C. Sullivan C. & B. Troxclair Edgar L. Webb Dorothy Fountain Lowell J. Simons J. & L. Dunn J. W. Reese, Jr. (Western Land & Title Co.) Gayland W. Bristow Robert & Nadine Emerald William Farnhem Charles & Helen Hanson Fred C. Haynes Samir Khayat Norman & Virginia Ward J. M. Wells, Jr. O' Hair Construction Go. T. J. Johnston Mr. & Mrs. L. Goddard Gorman Boen Public Works Director Arness noted that Project Engineer Mathis has contacted many of the persons who submitted letters. He referred to his memorandum to Council dated August 15, 1977 which indicates that the concerns of about half of the protestors were resolved by explanations pro- vided and/or by the location of the line being modified. Mr. Mathis reviewed the project, stating that the total estimated cost of the interceptor portion of the Regional Wastewater Project is approximately $3 million and the interceptor sewer line is 9.14 miles long. The City is acquiring 20 foot permanent easements (some are 25') and 20 foot working easements (temporary in nature). The work on the interceptor sewer line is expected to take a year or less, depending on the weather. The people will be compensated for the use of the temporary easement as well as for the permanent easement. - Mr. Mathis said,that they have endeavored to place the interceptor sewer line where it is most economical. The basic restriction on the perma- nent easement is that the property owner cannot build a permanent structure on it. The permanent easement can be used for running livestock or for a road. Mr. Mathis said that the protest from Dorothy Fountain has been solved by shifting the line. With respect to the Haynes protest, Mr. Mathis said there are trees on all of his property and that some of them will have to be removed. However, they will attempt to work around the trees on the temporary easement. John Dunn appeared before Council in opposition to Item (b) of the letter regarding the public hearing; i.e. ''Whether or not the project is planned or located in a manner that will be most compatible with the greatest public good and the lease private injury.'' Mr. Dunn's main objection to the sewer line is that it will destroy riparian habitat on his property. He also fears that it will increase his taxes with no benefit. He stated that he does not intend to hook up to the sewer line for several years. Because of anticipated higher taxes and a sewer assessment, he requests that, in addition to the $460 offered for the easement, he be guaranteed the following: 1. No increase in property taxes until hookup to said line. 2. No sewer assessment until hookup to sewer line or for 10 years, whichever comes first. 3. One free hookup for one dwelling, if and when he hooks up. Mr. Dunn has 15 acres. 215 316'q - 33� 3 J&/� 216 William Farhhem expressed concern about ingress and egress to his business property during construction of the sewer line. He was advised that construction should take only four to six hours for the section affecting his property and that the con- tractor will provide access. MOTION: Made by Councilman Anderson, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes In a discussion of this matter, Mr. Arness said he does not favor the exchange proposals of Mr. Dunn. He mentioned that the appraisals for the easements were made by a professional, appraiser. .3 Mr. Dunn's property and the route of the proposed sewer line was shown on the Vu Graph. In reply to a question as to why the route does not follow the property line, Mr. Mathis stated that it is an elevation problem. Mr. Wilson, an Engineer from Gelonek & Affiliates, added that the additional trenching required would add many thousands of dollars to the project. Mr. Arness suggested that Mr. Mathis conduct a field trip for interested persons to try to resolve problem areas. Mr. Murphy recommended the adoption of Resolution No. 77-154, noting that the rights of the written protestors to object are pre- served. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 77-154 be adopted, a resolution of the City Council of the City of Redding finding that the public conven- ` idence and necessity require the acquisition of certain easements �lp for a public improvement, to wit, for the construction and main- tenance of the eastside interceptor sewer pipeline. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-154 is on file in the office of the City Clerk. PUBLIC HEARING - Enterprise Annex No. 77-5 The hour of 7:30 P. M. having arrived, Mayor Fulton opened the Public Hearing on Enterprise Annex No. 77-5. The following documents are on file in the office of the City Clerk: X Affidavit of Mailing - Notice of Public Hearing Resolution No. 77-97 1 Affidavit of Publication - " " it c/ The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. The area proposed for annexation was shown on the Vu Graph. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that the Public Hearing be closed. The Vote: Unanimous Ayes 1 1 1 MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution Nc . 77- 155 be adopted, a resolution of the City Council of the City of Redding determining that protests have not been made by the owners of one half of the value of the territory within Enterprise Annex No. 77-5. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-155 is on file in the office of the City Clerk. Councilman Pugh offered Ordinance No. 1345 for first reading, an ordinance of the City Council of the City of Redding approving the annexation of certain uninhabited territory designated "Enterprise Annex No. 77-5" to the City of Redding. PUBLIC HEARING - Rezoning Application RZ-12-77 The hour of 7:30 P.M. having arrived, Mayor Fulton opened the Public Hearing on Rezoning Application RZ-12-77 by Elmer Roesner. 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 8/11/77 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. The property proposed for rezoning is located north of Hilltop Drive and west of Interstate 5, and was shown on the Vu Graph. Planning and Community Development Director Harris reviewed the recommendation of the Planning Commission as contained in his memorandum to Council dated August 11, 1977. It is the recommendation of the Commission that the property be rezoned from "R1 -ST" Single Family Residential District and "U -F" Unclassified District to "R-1" and "U -F" with the site plan review criteria to stipulate that the "area is not to be developed and is to be retained in open space.'' MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Anderson, seconded by Council- man Pugh approving the recommendation of the Planning Com- mission and staff, and instructing the City Attorney to prepare the necessary ordinance. The Vote: Unanimous Ayes PUBLIC HEARING - Rezoning Application RZ-14-_77 217 / ct `/ The hour of 7:30 P.M. having arrived, Mayor Fulton opened (yy the Public Hearing on Rezoning Application RZ-14-77 by the Economic Development Corporation. 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 8/11/77 218 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. The area under consideration for rezoning is the new addition to the Mountain Lakes Industrial Park. It was shown on the Vu Graph. Planning and Community Development Director Harris -eviewed the recommendation of the Planning Commission as set forth in his memorandum to Council dated August 11, 1977, which memorandum is made a part of these minutes by reference. It is the recommendation of the Commission and staff that the area be rezoned from "U" Unclassified District to "M -2-F". The site - plan -review criteria is outlined in the above referenced memoran- dum. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Anderson approving the recommendation of the Planning Commission and staff. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1346 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-14-77) PUBLIC HEARING - re Abandonment Application A-4-77 The hour of 7:30 P.M. having arrived, Mayor Fulton opened the Public Hearing on Abandonment Application A-4-77. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Resolution No. 77-134 �I Affidavit of Posting " it " Affidavit of Mailing if It " Planning Commission Recommendation dated 8/11/77 The City Clerk advised Council that no written protests have been received. The location of the proposed abandonment was shown on the Vu Graph. Planning and Community Development Director Harris stated that the Planning Commission and staff recommend the abandonment of 20 feet of right of way on either side of Yuba Street, between Mesa and Pleasant Streets. Mr. Harris noted that, initially, the applicants requested abandonment of the entire right of way; however, due to concerns expressed by adjoining property owners , the applicants modified their request to provide for the retention of a 20 -foot -wide right of way. The applicants have agreed to grade and gravel this portion, and the Public Works Department has indicated they would then asphalt the 20 -foot -wide alley. Robert Torrey, 1535 Pleasant Street, spoke in opposition to the abandonment. It is his belief that the full street should be developed, noting that there is a need for access to the alley by service trucks and others. He does not feel it is fair that the property owners should take back the property. Mayor Fulton askedvhy the street had never been developed. Public Works Director Arness stated that the property owners evidently felt it was not worth the cost. Mr. Arness thinks the proposal under consideration offers a satisfactory alternate development. Stan Roe, 1555 Pleasant Street, feels that what has been pro- posed will be a definite improvement for the area. He noted that the easements have existed since 1901 and no street has been constructed. The owners can improve easements if the abandonment is approved. MOTION: Made by Councilman Anderson, seconded by Council- woman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes Councilwoman Gard said she feels the compromise is a good solution. Councilman Demsher said he believes it is unlikely that there will every be a full street there. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard approving the recommendation of the Planning Commission and staff re abandonment of 20 feet on either side of Yuba Street between Pleasant and Mesa Streets to the adjoin- ing property owners upon completion. of the improvements pre- viously discussed. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that Resolution No. 77-156 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Yuba Street between Pleasant and Mesa Streets. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-156 is on file in,the office of the City Clerk. AWARD OF BID - Extension of Underground Utilities MOTION: Made by Councilman Anderson, seconded by Councilman Pugh approving the recommendation of the Department of Public Works and the Electric Department that Bid Schedule No. 958, Extension of Underground Utilities to serve Redding Oil Company Facilities on Hilltop Drive and East Palisades, be awarded to Communications Construction and Exca- vating Company on their low bid in the amount of $11,766. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None AWARD OF BID - 1977-78 Slurry Seal Program MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Department of Public Works that Bid Schedule No. 962, City of Redding 1977-78 Slurry Seal Program, be awarded to Asphalt Maintenance International on their low bid in the amount of $50,000. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None 219 220 G1 J NOTICE OF COMPLETION - Waldon Street Substation Site Development J MOTION: Made by Councilman Anderson, seconded by Councilman Pugh accepting the Waldon Street Substation Site Development Project, Bid Schedule No. 910, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - re Waldon Street Substation MOTION: Made by Councilman Anderson, seconded by Councilman Demsher J\ accepting the Technical Specifications for Assembly and Test of Two 0 115/69-12.5KV Transformers at Waldon Street Substation, Bid Schedule No. 922, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes RESOLUTION - Approving State Permit re Outfall Diffuser MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-157 be adopted, a resolution of the City Council of the City of Redding approving a General Permit for construction and main- jtenance of a treated sewage discharge diffuser in the Sacramento River, and authorizing the Mayor to execute same on behalf of the City. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-157 is on file in the office of the City Clerk. AGREEMENT - re Engineering for Cross Town Force Main Public Works Director Arness advised Council that the City's grant application under the Community Drought Relief Act of 1977 for the construction of a cross town force main, the rehabilitation of three Enterprise Public Utility District wells, and the construction of an emergency intertie between Cascade and Redding, has been approved. Under the Drought Relief Act, all projects approved have to be com- pleted by April 30, 1978. In order to meet the requirements of the Drought Relief Act, it is recommended that the City enter into a contract with PACE Engineering for the engineering for the Cross Town Force Main with the following conditions: � rl 1. Lump sum fee of $84, 150 to design the cross town line. 2. Authorize the special engineering services consisting of mapping control survey in an amount not to exceed $5, 470. 3. The remaining item shown on page 2 of Exhibit A of the Agreement to be conditionally approved. Should the City of Redding have personnel available to perform this work at the time of award, we could use our people or a combina- tion thereof. 4. Approval of the contract by the City Attorney. Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving the Agreement between the City of Redding and PACE Engineering, subject to the conditions listed above, and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes with Councilman Pugh abstaining. AGREEMENT - with Shasta County and CHZM Hill Public Works Director Arness requested Council approval of a contract 1 between the City of Redding, Shasta County, and CHZM Hill re geotechnical exploration at Site No. 5, the Oregon Gulch Landfill Site. The estimated 221 cost is $38,000, and the City's share would be $19,000, as the fee is shared on a 50-50 basis with the County. This is not a budgeted item and will require a supplemental appropriation. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the Agreement between the City of Redding, Shasta County, and CH2M Hill, authorizing the payment of $19,000 as its share of the fee, and authorizing the Mayor to execute said Agreement on behalf of the City. The Vote: Unanimous Ayes HILLTOP DRIVE SEWER ASSESSMENT DISTRICT Public Works Director Arness advised Council that a petition has been received requesting that assessment district proceedings be 73 initiated for sewer improvements in the area of Hilltop Drive from Dana Drive to Hilltop Drive I-5 overcrossing. The area was shown on the Vu Graph. The petition contains signatures indicating an excess of 60% of the area signed. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson authorizing the retention of special bond counsel for the Hilltop Drive Sewer Assessment District. The Vote: Unanimous Ayes RIVIERA DRIVE Public Works Director Arness advised Council that '.taff has investigated the complaint of the blind intersection on Riviera Drive reported in Mr. Tartaglia's letter of July 2, 1977 and has determined that a satisfactory () 3H improvement, consisting of pavement widening on the curve with the marking of a sheltered left turn lane, can be constructed within the existing right of way. The Traffic and Parking Commission concurs with this proposal. The work will be performed by City forces at an estimated cost of $1,500, and such funds are budgeted within the Public Works Department budget and will not require any special fund authorization. No action was required of Council. TEAL COURT SUBDIVISION MOTION: Made by Councilman Anderson, seconded by Councilman OS' Demsher accepting the Final Map of Teal Court Subdivision, instructing the City Clerk to file said map with the County Recorder, and authorizing the Mayor to sign the Agreement re Subdivision Improvements. The Vote: Unanimous Ayes MELODY MANOR SUBDIVISION - Unit No. 5 n Councilman Anderson abstained from discussion and voting on this item. / vy MOTION: Made by Councilman Pugh, seconded by Councilman Demsher accepting the Final Map of Melody Manor Subdivision - Unit No. 5, instructing the City Clerk to file said map with the County Recorder, and authorizing the Mayor to sign the Agreement re Subdivision Improvements. The Vote: Unanimous Ayes with Councilman Anderson abstaining. AGREEMENT - Enterprise Eagles Youth Football MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving'the Agreement between the City of Redding and Enterprise Eagles Youth Football, and authorizing the Mayor to execute said Agree- ment on. behalf of the City. The Vote: Unanimous Ayes AGREEMENT - Redding Colts Youth Football MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving the Agreement between the City of Redding and Redding Colts Youth Football, and authorizing the Mayor to execute said Agreement on behalf of the City. The Vote: Unanimous Ayes 222 ADDENDUM TO AGREEMENT - Benson-Stathem-Shaw MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving the Addendum to Agreement for Appraisal Services with Benson -Stathem-Shaw, and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes AGREEMENT - Shasta County Safety Council MOTION: Made by Councilman Demsher, seconded by Councilman Pugh �I approving the Agreement between the City of Redding and the Shasta County Safety Council, and authorizing the Mayor to execute same on \ behalf of the City. The Vote: Unanimous Ayes ORDINANCE - Pertaining to Building and Mechanical Codes j Councilman Anderson offered Ordinance No. 1347 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16 r of the Redding Municipal Code by repealing Section 16. 08. 020 and sub- stituting therefor a new Section 16.08.020, pertaining to building and mechanical codes. ORDINANCE - Pertaining to Uniform Fire Code Councilman Anderson offered Ordinance No. 1348 for first reading, I an ordinance of the City Council of the City of Redding amending Chapter 1� 9 of the Redding Municipal Code by repealing Section 9.20.010 and sub- stituting therefor a new Section 9.20.010, pertaining to uniform fire code. JOINT POWERS AGREEMENT - with Buckeye Fire Protection District MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the Joint Powers Agreement between the Redding Fire Depart- ment and the Buckeye Fire Protection District, and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes RESOLUTION - re West Street Abandonment MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 77-158 be adopted, a resolution of the City Council Li of the City of Redding amending Resolution No. 76-97 to correct a clerical error in the legal description of a portion of West Street to be abandoned. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77- 158 is on file in the office of ,the City Clerk. RESOLUTION - Calling Special Revenue Bond Election for Water Improvements City Attorney Murphy submitted, for Council consideration, Resolution 1 No. 77-159, a resolution calling a special revenue bond election for water improvements. Councilman Pugh noted that this bond election has been under considera- tion for some time and stated that the water rate increase recently approved was to provide increased revenue to fund the bond issue. Mr. Pugh stated that this initial bond issue is only part of the total program. He said that if we are fortunate enough to get all of the Federal grants and loans anticipated, we will be able to eliminate this bond. However, this would not prevent the need for a bond issue some time in 1978 tocon- struc.t: the water filtration systemand other capital improvements. 1 1 CITY OF REDDING RESOLUTION NO. 77-15 9 RESOLUTION CALLING A SPECIAL REVENUE BOND ELECTION IN THE CITY OF REDDING FOR THE PURPOSE OF SUBMITTING TO THE QUALI- FIED VOTERS OF SAID CITY THE MEASURE OF ISSUING REVENUE BONDS IN THE PRINCIPAL AMOUNT OF $3,850,000 TO PROVIDE FUNDS FOR THE IMPROVEMENT OF THE MUNICIPAL WATER SYSTEM; DECLARING THE ESTIMATED COST OF SAID IMPROVEMENT, THE PRINCIPAL AMOUNT OF THE REVENUE BONDS TO BE ISSUED THERE- FOR, AND THE MAXIMUM RATE OF INTEREST TO BE PAID ON SUCH REVENUE BONDS; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING THE SAME AND THE MANNER OF VOTING FOR OR AGAINST THE ISSUANCE OF SAID REVENUE BONDS; CONSOLIDAT- ING SAID SPECIAL REVENUE BOND ELECTION WITH THE URBAN TRANSPORTATION SERVICE AREA NO. 4 ESTABLISHMENT ELECTION TO BE HELD ON NOVEMBER 8, 1977; AND PROVIDING FOR NOTICE OF SAID ELECTION. WHEREAS, the City Council (the "City Council") of the City of Redding (the "City") has heretofore duly issued. revenue bonds (comprising the City of Redding 1959 Water Revenue Bonds, Series A and Series B) under the Revenue Bonds Law of 1941 for the improvement of the municipal water system of the City, and the unmatured portion of said bonds is now outstanding; and WHEREAS, the City Council has duly determined that the public interest and necessity demand the further improve- ment of said municipal water system, and has further duly it determined that such improvement should be financed by the issuance of revenue bonds under the Revenue Bond Law of 1941; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding, as follows: Section 1. A special revenue bond election shall be and is hereby ordered and will be held in the City on Tuesday, November 8, 1977, at which election there shall be submitted to the qualified voters of the City the measure of issuing revenue bonds under the Revenue Bond Law of 1941 of the State of California for the purpose of providing funds for the improvement of the municipal water of the City, as set forth in the following measure, to wit: MEASURE ( ): Shall the City of Redding (Water System issue revenue bonds in the Improvements- principal amount of $3,850,000 Revenue Bonds) pursuant to the Revenue Bond Law of 1941 to provide funds for the improvement of the municipal water system, comprising water transmission mains, storage reservoirs and pump station improvements, to- gether with necessary pumps, valves, control facilities and machinery and lands and ease- ments therefor, and other works, property or structures necessary or convenient for the improvement of the municipal water system of the City of Redding? Section 2. (a) The estimated cost of said improve- ment is $3,850,000 and the principal amount of revenue bonds proposed to be issued therefor is $3,850,000. (b) Said estimated cost includes all costs and estimated costs incidental to or connected with said improve- ment,together with all engineering, appraisal, inspection, legaland fiscal agent's fees, costs of the bond election and of the issuance of said revenue bonds, and bond reserve funds and working capital and bond interest estimated to accrue during the period of construction and for a period of not to exceed twelve months after completion of construction. The enterprise for the improvement of which said revenue bonds shall be issued under the Revenue Bond Law of 1941 of the State of California is hereby defined to be the whole and each and every part of the municipal water system M �1 1� L'1 of the City and all facilities hereafter acquired or con- structed for said water system, and all additions, exten- sions, betterments and improvements to said water system or any part thereof hereafter made or acquired or con- structed by contract, purchase, condemnation or otherwise for said purpose. It is hereby found and determined that the City now owns and operates a municipal water system, that the public interest and necessity require that the City improve said water system, that the improvement set forth in said measure will constitute an integral part of said water system and the same shall be operated as a single unified and integrated water system, that the City has no means of financing the cost of said improvement except by the issuance and sale of said $3,850,000 principal amount of revenue bonds, that the revenues from said water system shall be pledged to the payment of said outstanding revenue bonds and said revenue bonds proposed to be issued for the foregoing purpose, and that said water system, and each and every part thereof, when improved as aforesaid, will consti- tute a complete municipal water system for the City. It is hereby found and determined that the improvement of said water system is necessary to enable the City to exercise its public powers and functions, namely, to furnish sufficient water service for any present or future beneficial use of the City. Section 3. The City Council proposes to issue and sell revenue bonds in not to exceed the amount and for the object and purpose specified in said measure if a majority of all of the electors voting on said measure at said special revenue bond election shall vote in favor of said measure. The rate of interest to be paid on said revenue bonds shall not exceed eight per cent (8%) per annum, 3. payable semiannually (except that the City Council,in its discretion, may provide that interest for the first year shall be payable annually in one installment at the end of such year), and said issue of revenue bonds shall be revenue bonds payable exclusively from the revenues of said enterprise which are legally available for such pur- pose and are not to be and shall not be secured by the taxing power of the City, and shall be issued under the Revenue Bond Law of 1941. The principal of and interest on said revenue bonds, and any premiums upon the redemption of any thereof, are not and shall not constitute a debt of the City, nor a legal or equitable pledge, charge, lien or encumbrance upon any of its property or upon any of its income, receipts or revenues, except the revenues of said enterprise legally available for such purpose. No taxes shall every be levied or collected by the City for the pay- ment of any of said revenue bonds or the interest thereon, nor shall any property of the City be subject to forfeiture therefor; but all revenues of said enterprise legally avail- able for the payment of said revenue bonds shall be applied to such payment. Said issue of revenue bonds, if authorized, shall (together with said outstanding revenue bonds) be special obligations of the City and shall be secured by a pledge of and shall be a charge upon and shall be payable, as to the principal thereof, interest thereon and any premiums upon the redemption of any thereof, solely from and secured by a lien upon the gross revenues of said enterprise, and all of the gross revenues of said enterprise, including the revenues of additions, extensions, improvements and better- ments thereto hereafter acquired or constructed, shall be pledged and assigned as security for all of said revenue bonds, including said outstanding revenue bonds and 4. said revenue bonds herein proposed to be issued; provided that, if the interest on and principal of all of said revenue bonds and all charges to protect or secure them are paid when due (including such sums for sinking funds, redemption funds, reserve funds or other funds created for the better securing of all of said revenue bonds as may have been or may be provided for in the discretion of the City Council in the resolutions of the City Council providing for the issuance of any of said revenue bonds), then an amount for the necessary and reasonable maintenance and operation costs of said enterprise (which costs include the reason- able expenses of management, repair and other expenses necessary to maintain and preserve said enterprise in good repair and working order) may be apportioned from said revenues, and,subject to any limiting covenants in the resolutions of the City Council providing for the issuance of any of said revenue bonds, the remaining surplus may be used for any lawful purpose of the City, so long as the principal of and interest on said revenue bonds and all sums for security funds which may be established by the City Council in said reso- lution are paid from such revenues prior to the paying of maintenance and operation costs of said enterprise. The City Council may, subject to the provisions of the Revenue Bond Law of 1941, provide for the issuance of additional revenue bonds for the purpose of further improving said enterprise, or making any extensions or additions thereto, on a parity with any of said revenue bonds, subject to such limitations as the City Council may specify at the time of the issuance of any of said revenue bonds herein proposed to be authorized for the improvement of said enterprise. Section 4. The City Council does hereby submit to the qualified voters of the City at said special revenue 5. bond election said measure set forth in Section 1 of this resolution, and designates and refers to said measure in the form of ballot hereinafter prescribed for use at said election. (a) Said special revenue bond election shall be held and conducted, and the votes thereat canvassed and the returns thereof made, and the result thereof ascertained and determined as herein provided; and in all particulars not prescribed by this resolution said special revenue bond election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of general elections in the City. (b) All persons qualified to vote at elections in the City upon the date of the election herein provided for shall be qualified to vote upon the measure submitted at said special revenue bond election. (c) The polls at the polling places hereinafter designated shall be opened at 7:00 o'clock A.M. of said day of election and shall be kept open continuously there- after until 8:00 o'clock P.M. of said day of election, when the polls shall be closed (except as provided in Section 14301 of the Elections Code), and the election officers shall there- upon proceed to canvass the ballots cast thereat. (d) Said special revenue bond election hereby called shall be and is hereby consolidated with the Urban_'Trans- portation Service Area No. 4 establishment election to be held in the City on November 8, 1977, all as required by and pursuant to law; and the election precincts, polling places and officers of election within the City for said special revenue bond election hereby called shall be the same as those selected and designated by the Board of Supervisors of Al Shasta County for said establishment election and set forth or to be set forth in the notice of election officers and polling places for said establishment election to be published by the County Clerk of said County, as required by law, to which notice reference is hereby specifically made for a designation of the precincts, polling places, and election officers of the special revenue bond election hereby called. Only qualified voters of the City shall be permitted to vote at said special revenue bond election. The Board of Supervisors of said County is authorized to canvass, or cause to be can- vassed, the returns of said special revenue bond election with respect to the votes cast in the City and to certify the results of the City Council. (e) On the ballots to be used at said establishment election and said special revenue bond election hereby consol- idated herewith, in addition to all other matters required by law to be printed thereon, shall appear the measure set forth in Section 1 hereof. Each voter to vote for the measure hereby submitted and for issuing said revenue bonds shall stamp a cross (+) in the blank space opposite the word "YES" on the ballot to the right of said measure, and to vote against said measure and against issuing said revenue bonds shall stamp a cross (+) in the blank space opposite the word "NO" on the ballot to the right of said measure, except that on absent voter ballots the cross (+) may be marked with pen or pencil; provided, however, that if and to the extent that ballot cards are used at said election, each voter to vote for the measure hereby submitted and for issuing said revenue bonds shall punch the ballot card in the hole after the word "YES" to the right of said measure, and to vote against the measure and against issuing said revenue bonds shall punch the ballot card in the hole 7. 1 after the word "NO" to the right of said measure. Absent voter ballots setting forth said measure shall be issued to qualified electors residing within the City entitled thereto, in the manner provided by law, and such absent voter ballots shall likewise be canvassed, or caused to be canvassed, by the Board of Supervisors of said County. (f) At the next regular meeting of the City Council occurring after the returns of said special revenue bond election have been canvassed, or caused to be canvassed, by the Board of Supervisors of said County, and the certifi- cation of the results thereof to the City Council, or at a special meeting called thereafter for such purpose, the City Council shall cause to be spread upon its minutes a state- ment of the results of said special revenue bond election as ascertained by said canvass. Section 5. The City Clerk of the City is hereby directed upon the passage and adoption of this resolution to publish the same once a day for at least seven days in the Redding Record -Searchlight, a newspaper of general circulation pub- lished at least six days a week in the City. No other notice of the election hereby called need be given. Section 6. This resolution shall be forthwith entered upon the minutes of the City Council and shall take effect 8. immediately upon adoption. PASSED AND ADOPTED August 15, 1977, by the following vote: r /s/ Lee D. Fulton, M.D. Mayor of the City of Redding [SEAL] ATTEST: /s/ Mildred L. Brayton City Clerk of the City of Redding 0 AYES: Councilmen Anderson, Demsher, Gard, Pugh, and Fulton NOES: Councilmen None ABSENT: Councilmen None r /s/ Lee D. Fulton, M.D. Mayor of the City of Redding [SEAL] ATTEST: /s/ Mildred L. Brayton City Clerk of the City of Redding 0 1 1 223 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 77-159 be adopted, a resolution calling a Special Revenue Bond Election in the City of Redding for the purpose of sub- mitting to the qualified voters of said City the measure of issuing revenue bonds in the principal amount of $3, 850, 000 to provide funds for the improvement of the municipal water system; declaring the estimated cost of said improvement, the principal amount of the revenue bonds to be issued therefor, and the maximum rate of interest to be paid on such revenue bonds; fixing the date of said election, the manner of holding the same and the manner of voting for or against the issuance of said revenue bonds; consolidating said Special Revenue Bond Election with the Urban Transportation Service Area No. 4 Establishment Election to be held on November 8, 1977; and providing for notice of said election. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent, Councilmen - None This Resolution No. 77-159 is attached hereto and incorporated herein by reference as though set forth at this point in full upon these minutes. RESOLUTION - re Consolidation of Special Revenue Bond Election MOTION: Made by Councilman Pugh, seconded by Councilman Anderson that Resolution No. 77-160 be adopted, a resolution requesting the Board of Supervisors of Shasta County to provide for the consolidation of a 3��,V Special Revenue Bond Election with the Urban Transportation Service Area No. 4 Establishment Election to be held on November 8,.1977. Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-160 is on file in the office of the City Clerk. URGENCY ORDINANCE - Establishing a Four Month Moratorium on Use Permits, Rezonings; Subdivisions, and Lot Splits, and Requiring a Four Fifths Vote to Carry Planning and Community Development Director reviewed his memorandum to Council dated August 12, 1977 concerning development within the City of Redding, which memorandum is made a part of these minutes by refer- ence. Mr. Harris showed a chart on the Vu Graph which illustrated t:he increased activity in the development applications and building permits from 1973 through August 10, 1977. The -Planning Commission has asked that an ordinance establishing a moratorium on residential -subdivision development be adopted to allow time for staff to develop, a management plan for consideration by the Commission and Council. The Commission and staff are concerned with the increased growth as it relates to sewage treatment capacity, water supply, schools, other City services, and the impact this development has on the City's ability to meet these needs financially. In addition, it is felt that the increased development has had an impact and will continue to impact the quality of life within the City, which is one of the reasons that many residents chose Redding as a place to live. Councilman Anderson voiced his opposition to the proposed moratorium, noting that he had gone on record at the time of the Magnolia Neighborhood moratorium that he does not favor government control of this nature. Mr. Anderson believes the ordinance is premature; that supply and demand will resolve the increased activity problem. He feels that this is a natural occurence as the result of the Enterprise Annexation. He also believes that the adoption of such an ordinance could involve the City in inverse condemnation proceedings which could affect the City's insurance rates. 224 Councilman Demsher acknowledged that much of what Mr. Anderson says is true; however, he feels that if the City doesn't impose some sort of a moratorium for 120 days immediately, there would be a rush Gl of applications that would further inundate the Planning Department ;U and Planning Commission. Such a moratorium will give staff and Council time to analyze the City's facilities and determine how to handle the additional' load. Mr. Demsher noted that this is not a permanent sort of thing. He stated that he has had many people ask him when Council is going to consider some type of growth management. Councilwoman Gard expressed concern about the financial situation of the City. As an example she referred to the Regional Sewer Project that is still on the drawing board, noting that its capacity allows for only 3200 additional hookups and there are already 2800 units in process now. She asked the City Attorney if it would be possible to have a 60 day moratorium in lieu of 120 days, noting that it might be possible for staff to put something together in a shorter length of time. Mr. Murphy replied that the State statute provides for 120 days and he feels it would be safer to adopt an ordinance for that period of time and then repeal the ordinance if staff were able to accomplish what is necessary in a shorter length of time. Councilman Pugh stated that he can see problems that are arising. }CC/ He spoke of the possibility of subdividers completing subdivisions ` and then learning that services are not available. He noted that the 1 load on Planning and Public Works has not allowed time for planning. Mr. Pugh said one of the questions that continues to arise is, who should pay for `the additional services required, old residents or new residents. He stated that although he does not favor moratoriums of this type, he feels it is imperative to get facts together on power, sewer, and water costs so we can tell developers how much it is going to cost. The City must determine who is going to foot the bill. Mike Wells, 3829 Loustalot Way, is opposed to the concept of a moratorium. He favors the hiring of additional people to relieve the work pressure in the Planning Department. Mr. Wells said he favors planned growth but thinks people will be aggrieved if the pro- posed ordinance is adopted. John Fitzpatrick, who is a member of the Planning Commission, said he doesn't think the moratorium is the pat answer to the problem but it will assist existing residents by not burdening them with costs brought on by new developments. He said that perhaps there is another way of achieving the goal; i.e. , perhaps the first item on the agenda at Planning Commission meetings could be devoted to growth, and limit the number of other items. Mr. Fitzpatrick said he does not believe the City is going to limit growth but thinks there is a danger of things getting out of hand. Randy Smith, 955 Sierra Vista Drive, feels the issues have not been addressed; is e. , air pollution, and sewer and water needs. He urges favorable consideration of the ordinance. Mr. Martin, 3235 Stratford Drive, mentioned that the large increase in use permit applications was caused by the Enterprise Annexation. Jim Bauman, a realtor, reported that the sale of houses has slowed down substantially since the middle of June and the listingsof new houses have increased. He fears that the moratorium may stimulate an artificial market and start a speculative type of purchasing. 1 u 1 MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Urgency Ordinance No. 1349 be adopted, an urgency ordinance of the City Council of the City of Redding prohibiting certain residential uses throughout the City for a period of four months, which may be in conflict with contemplated zoning proposals which the Planning Com- mission is considering or intends to consider within a short time. In further discussion of this matter, Councilman Demsher acknowledged that Mr. Bauman's statement is a real issue; however, he feels that if we continue as we are, we are going to destroy the quality of life that we now have. Councilman Anderson said he agrees with Mr. Demsher but thinks we are assuming that this is the only way to accomplish it. He thinks there are other possibilities, such as appointing a committee to work with a member of Planning staff. Mr. Fitzpatrick was not in accord with this suggestion. He feels that members of the Planning Commission and the Planning Director should work on this issue. Councilwoman Gard was in agreement, noting that additional bodies is not the answer. She added that she does not favor a slowdown in processing applications; she thinks that would be worse than a mora- torium. ora- torium. Councilman Pugh said he thinks the moratorium concept has great benefits -- staff, the Commission, and Council would have an oppor- tunity to put a program together. In his opinion the slow -down process could go from six months to a year. Mr. Pugh suggested it might be well to call a special meeting of Council a week from today to work out a better schedule. He said he feels the need for additional input and is not ready to vote on the issue this evening. Mayor Fulton called for a vote on the motion. Voting was as follows: Ayes: Councilmen - Demsher, Gard, and Fulton Noes: Councilmen - Anderson and Pugh Absent: Councilmen - None The Motion failed for lack of a four-fifths vote. 225 RESOLUTION - Accepting Offer of Loan and Grant Mayor Fulton declared this an urgency item. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher Cl 7 that Resolution No. 77-161 be adopted, a resolution of the City Council / of the City of Redding accepting Offer of Loan and Grant under Community Emergency Drought Relief Act of 1977 (Project No. 07-81-00074) Voting was as follows: Ayes-, Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None Resolution No. 77-161 is on file in the office of the City Clerk. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard authorizing the City Manager to sign documents in connection with the Drought Relief- Grant where Federal regulations permit execution of such documents by City officials other than the Mayor. The Vote: Unanimous Ayes 226 ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses The Dugout, 2181 Hilltop Drive �C� Pat Paulson's Restaurant, 2750 Eureka Way Circle K Food Store #¢1091, 2245 Hartnell'Avenue Shasta -Cascade Wonderland Publicity PUC Documents Pacific Telephone and Telegraph Notice of Filing Application for increases in Directory Advertising Fees Letter from Hughes Airwest requesting Commission not to entertain A56971 at this time P. G. & E. Letter to State, County, and City Officials re its Application No. 57481 re gas service tariff Application of Eureka Aero Industries to increase its intrastate freight rates Objections of Nor -Cal Aviation, Inc. re Eureka-Aero's application to permit Eureka -Aero to carry passengers between Redding and other airports Letter from PUC re Exempt Crossing Signs' BUSINESS FROM THE FLOOR Vi Klaseen appeared before Council and stated that she regretted that she had not spoken on the issue of the moratorium ordinance before the vote. Mrs. Klaseen asked what Council is going to do now about planned growth. She said that when the people who are dealing with this rapid growth say they need this much time to put a"program to- gether and Council says ''No'', then there has to be another alternative. Mrs. Klaseen doesn't think this time computes with any other time we have ever lived in. She thinks whatever the negative impact would have been, it is nothing as to what will happen now. Councilman Pugh said he thinks what Council will have to do is go to staff and work out a program where we can fit this into the schedule. Councilman Demsher said he doesn't think the group before Council this evening represents the entire community; they are taking ad- vantage of a situation and he can't blame them. He said he will be interested to see what effect Council's lack of decision will have on subsequent activities in the Planning Department. The City Attorney stated that a slowdown in activity would create a greater public relations problem than a four-month moratorium. Public W,.pr,ks Director Arness said his instructions to his staff will be to load those benefits the developer's should pay, if so warranted. Councilman Anderson said he doesn't want staff to take a negative attitude regarding this matter. ADJOURNMENT There being no further business, at the hour of 10:30 P.'M., Mayor Fulton declared the meeting adjourned. ATTEST: (/J :LL- cls ��^f\1/tw . -I City Clerk A PPR ED: Mayor 1