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HomeMy WebLinkAboutMinutes - City Council - 1976-09-20 176 '. City Council, Regular Meeting '. , Redding Civic Auditorium I Redding, California September 20, 1976 7:00 P.M. � The Pledge of Allegiance to the Flag was led b�y Bill Short, Reporter for the Record Searchlight. The Invocation was offered b�y the Reverend Glenn Ratcliff, Associate Pastor of.Fir st.Churich of the Nazarene. f The meeting was called to order by Ma�yor Fulton at 7:00 P.M. with the following Councilmen Present: Anderson, Demsher , Gard, Pugh, and Fulton. A.lso present were City Manage,r Brickwood, Assistant City Manager , Courtney, City Attorney Murphy, Public Works Director Arness , Planning and Community Development Director Harris, Police Chief Whitmer, Personnel and Labor Relations Director Reynolds, Housing A.dministrator Henson, A.ssistant City Engineer Lang, Traffic Engineer Hamilton, A.ssociate Planner Perry, Airports Manager McCall, Assistant Planner King, and City Clerk Brayton. A.PPROVAL OF MINUTES MOTION: Made by Councilman Anderson, seconded by Councilman Demsher approving the minutes of the regular meeting of September 7 , 1976 as xnailed to �each Councilman. The Vote: Unanimous Ayes W RIT TEN C OMMUNICA.TIONS Beta Sigma Phi I� MOTION: Made by Councilman Demsher, seconded by Councilman (t , / �] Anderson approving the request of Beta Sigma Phi for permission -i `� � to serve liquor at a private dance to be held cn December 14, 1976 at the Senior Citizens Hall, The Vote: Unanimous A•yes Silver Strand A s=�sociation A communicatiori was received from the Silver Strand Association requesting the issuance of a Bingo permit whenever the City has `�L) � made provisions�for such issuance and said Association has been deemed to qualif,y. I With the approval of Council, Mayor Fulton referred this request � to the City Attori ey for a report at the meeting of October 18. PETITION - re Barrier in Panorama. Heights A. petition was received, signed by property owners in Panorama Heights, requesting the removal of a barrier at the end of Starlight Drive , blocking 2 the dirt road that the; residents of the subdivision have used as secondary �J � � access for over ten years. Public Works Direct�r A.rness advised Council that the barrier has been � 5�J removed and that the�Planning Commission has approved a tentative map for a new subdivision north of Starlight Drive, subject to the con- dition that the subdivider provide a temporary road over his property until such time as the property is full�y developed and Starlight Drive , is extended. The City will accept the temporary road for maintenance. Councilwoman Gard noted that the barrier was installed without the knowledge of the residents, the Planning Corr�nission, and the Traffic and Parking Commission, and with no public input. 5he asked for re- assurance that the barrier will not be re-installed. She was assured by the Cit�y Manager that the barrier will remain removed, 177 A.PPROVAL OF PA.YROLL A.ND A.CCOUNTS PA.YA.BLE REGISTERS MOTION: Made by Councilman Anderson, seconded by Councilman Pugh that A.ccounts Payable Register No. 6 , check nos. 45397 to 45591 , inclusive, in 'the amounf of $392, 004.08 be approved and paid, and that Payroll Register No. 6 , check nos. 80251 to 80641, inclusive, salaries in the amount of $183,688.29 for the period A.ugust 22, 1976 �U through September 4, 1976 be approved. Total $575 ,692:37 �(� Voting was as follows: Ayes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None Absent: Councilmen - None CLA.IM FOR DAMAGE - .2nd hearing Lee Allan Vanderpool.- Claim filed 7/19/76 MOTION: Made by Councilman Pugh, seconded by Councilman �� � Anderson that the Claim for Damage filed by Lee Allan Vanderpool on Jul�y 19, 1976 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes ` ORDINA.NCE � re PD- 1-76 MOTION: Made by Councilman Pugh, seconded by Councilma.n Anderson that full reading of Ordinance No. 1273 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. 1273 be adopted, an ordinance of the City Council ` y (/ of the City of Redding amending Section 30-3 of the Redding City Code, � 1959 , as amended, relating to the rezoning of certain real property in the City of Redding. (PD-1-76) Voting was as follows: A.yes: Councilmen - Anderson, Demsher , .Gard, Pugh,, and Fulton Noes: Cottncilmen - None A.bsent: Councilmen - None ' . _ .. Ordinance No. 1273 i;s ,on file in.the_office :of the City-Glerk. _ ., . _ . ,, ..._ . , . � .. , . _ . - ORDINA.NCE - re RZ-6-76 � �� MOTION: Made by Councilman Pugh, seconded by Councilman A.nderson that full reading of Ordinance No. 1274 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous A.yes MOTION: Made by Councilman Demsher, seconded by Councilman Pugh � �/C/ that Ordinance No. 1274.be adopted, ari ordinance of the City Council of the City of Redding amending Section 30-3 of the Redding City Code, 1959 , as amended, relating to the rezoning of certain real propert�y in the City of Redding. (Rz-6-76) Voting was as follows: � � Ayes: Councilmen - Anderson, Demsher , Gard, Pugh,- and Fulton Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 1274 is on file in the office of the City Clerk. A.WA.RD OF BID - Truck Ghassis, 34,000 lb. GVW - , - - MOTION: Made by Councilman Ander son, seconded by Councilman Demsher approving the recommendation of the City Manager that Bid ScHedule N.o. 893, Truck Chassis, 34, 000 lb. GVW, be awarded to l �� 5hasta Truck on their low bid in the amount of $25 ,874.63 , including sales tax. Voting was as follows: A.yes: Councilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen - None A.bsent: Councilmen - None 178 REZONING A.PPLICA.TION - RZ-7-76 MOTION: Made by C'ouncilman Anderson, seconded by Councilman (LI � Pugh that a Public Hearing be. set for 7:30 P.M. on October 4, 1976 � re Rezoning_A.pplication:RZ-7-76 by Winifred E. Woods and Pauline H, Blalock, et al. The Vote: Unanimous A.�yes REZONING AFPLICATION - RZ-8-76 r �� L� MOTION: Made by Councilman Anderson, seconded by Councilman 1 Pugh that a Public Hearing be set for 7:30 P,M. on October 4, 1976 re Rezoning Application RZ-8-76 by John Varga. �The_ Vote: cr Unanimous A�yes � RESOLUTION - re H'enderson Road Annex No. 1 MOTION: Made by Councilman Pugh, seconded by Councilma.n Anderson that Resolution No. 76-107 be adopted, a resolution of the �� � City Council of the City of Redding acknowledging the receipt of Notice of Intention to circulate a petition for the; annexation of territory desig- nated as "Henderson Road A.nnex No. 1" and an A.ffidavit of Publication thereof, and approving the circulation of the petition. Voting was as follows: A.yes: Councilmen - Ander son, Demsher , Gard, Pugh, and Fulton Noes� Councilmen - None , . . A.bsent: Councilmen - None Resolution No. 76-107 is on file in the office of the City Clerk. TR.A.FFIC A.ND PA.RKING COMMISSION Traffic Engineer Harriilton submitted the following recoxnYnendations of the Traffic and Parking Comrriission: Parking Prohibition It is recommended that parking be prohibited on 125' of frontage at 1530 Lake Boulevard to prevent parked cars froin encroaching � �J � on a through lane. The area was shown on the Vu. Graph. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson approving the recommendation and instructing the Cit�y A.ttorney to prepare the necessary resolution. The Vote: Unanimoits Ayes _ Loading Zone ' It is recommended that Council approve a request for a 70 ft. � yellow loading zone�on Center Street..at:the rear entrance to . ��,�(_, Angelo's Pizza Parlor in Foundry Square. i � :IVIOTION:: Made #by Councilman Demsher, secorided by Councilman Pugh approving the recommendation and instructing:the Gity; _ A.ttorne�y to prepare the necessary resolution. The Vote: - Unanimous A�y.esi Stop Sign � It is recommended that a Stop 5ign be installed at the exit driveway � (�� from Redding Ford onto Cypress Avenue, A verbal request for such installation was made to Tx�affic Engineer Hamilton pursuant to C.V.C . 21360. . , MOTION: Made by Councilman Pugh, seconded by Councilman Anderson approving the recommendation, and instructing the City Attorne�y to prepare the necessar�y resolution. The Vote: Unanimous Ayes I 179 Angle Parking � � ' It is recommended that angle parking be installed on the west side of Pine Street between Eureka Way and Trinity Street, a one-way northbound street, �� �� �J, MOTION: Made by Councilman Demsher, seconded by Council- man Pugh approving the recommendation, and instructing the City A.ttorney to prepare the necessary resolution. The Vote: Unanimous A.yes - REDDING 1VIiJNICIPA.L' AIRPORT 'Commuter Service - Eureka.-Redding In a memo to Council dated September 16, 1976 , A.irports Manager McCall submitted the recommendation of the A.irports Commission that Eureka A.ero , Inc. be authorized to instigate commuter airline service between Redding and Eureka. Ticketing; baggage , and freight would be handled by agreement between Eureka Aero and Nor-Cal //� Aviation, and aircraft parking would be at the terrnina'1 on the Nor-Cal ramp space area. � � MOTION: Made b�y Councilman Anderson, seconded b�y .Councilman Pugh approving the recommendation and instructing the City Attorne�y to prepare the necessary agreement. The Vote: Unanimous Ayes RESOLUTI'ON - Accepting a Portion of Magriolia A.venue for Maintenance Councilman Demsher abstained from discussion and voting on this item. MOTION: Made by Councilman Ander son, :seconded by Councilwoman Gard that Resolution No. 76- 108 be adopted , a resolution of the City ���J Council of the City of Redding accepting Magnolia A.venue between 8th Street and 9th Street for maintenance and operation by.the City. Voting was as follows: Ayes: Councilmen - Anderson, Gard, Pugh, and Fulton Noes: Councilmen - None - A.bsent: Co.uncilmen - None � Abstain: Councilmen - Demsher Resolution No. 76-108 is on file in the office of the City Clerk.`� THE BLUFFS SUBDIVISION - Unit No . 2 MOTION: Made b�y Councilman Pugh; seconded by Councilman Demsher approving the Final Map of theBluffs Subdivision, Unit No. 2 , / /�1 � and instructing the City Clerk to record same with the County Recorder , /� v!�- and accepting the utilities for.maintenance. The Vote: Unanimous Ayes NOTICE OF .COMPLETION - Santa Rosa and Lake Blvd. Storm Drain, etc. MOTION: IVlade by Councilman. Demsher , seconded by Councilwoman Gard accepting the project re.Santa� Rosa and Lake Boulevard Storm Drain, and � St. Marks and Lake Boulevard Va11ey.Gu'tter, Bid Schedule'No. 888, as `� � � � being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Urianimous Ayes GA.RDEN-VERDA A LLEY A5SESSMENT DISTRIC T MOTION: Made by 'Councilman Pugh, seconded by Councilman Anderson that the Public Hearing re Garderi-Verda Alley Assessment District ��_ / originally set for 7:30 P.M. on September 20, 1976 be rescheduled to � ' 7:30 P.M. on October 4, 1g76. The Vote: Unanimous A.yes AWA.R:D OF BIID - Mahan-Freebrid.ge Resurfacing MOTION: 1Vlade by Councilman Demsher, seconded by CounciTman Anderson approving the recommendation of the Department of Public Works that Bid Schedule No: 896, Mahan-Freebridge R:esurfacing, be �-S�% awarded to Cal Ore Constructors , on their low bid of $10,409.72. Voting was as follows: A.yes: Councilmen = Anderson, Demsher, Gard, Pugh; and Fuiton Noes: Councilmen - None Absent: Councilmen - None 180 QUIT CLA.IM DEED - Cassie H. White � MOTION: � IVlade by Councilman D.emslier , seconded .b:y. Councilman �� Anderson authorizing the Mayor to�execute a Quit Claim Deed to �J� Cassie H. White, owner of property fronting on Butte Street to convey back to her a;5 ft, slope easement which the City obtained to improve 'Butte Street and for which the Cit�y no longer has a need. The Vote: Unanimouls Ayes ' � I RESOLUTION - re A�bandonment of Storm Drainage Easement : MOTION: Made by Councilman Pugh, seconded b�y Councilman ���-` Anderson that� Resoliition No. 76=109 be adopted; a resolution of ` � the Cit�y Council of tlie City of Redding ordering tlie vacation and abandonment of a sto'rm drainage easement across property on Merchant Street west of Canby Road. ' . Voting was as follows: � � Ayes:_ � � Councilmem:= Anderson,:: Demsher , Gard, Pugh, and Fulton Noes: Counci'lmen�=' None � � - - - Absent: Councilmen - None � Resolution No. 76-log is on file in the office of the Cit�y Clerk. ORDINANCE - re Auction Sales , Councilman Demsher offered Ordinance No . 1275 for first reading, an ordinance of the. City Council of tlie City of Redding amending � c? Chapter 6 of the Redding"City Cbde, �1959 as amended, by repealing <��� � Sections 6-3 and 6-7, and substituting new Sections 6-3 and 6-7 , pertaining-bo Auction Sale s. • - � ORDINANCE = re Trailer Occupancy - Councilman Demsher," offered Ordinance-No: 1276 for first reading, an ordinance of the City Council of the City of Redding amending Cha;pter 7 of the Redding City! Code, 1959 as amended, by repealing Section 7-11 and substituting therefor a new Section 7-11 , pertaining to trailer occupancy outside of licensed trailer or mobile home parks. ORDINANCE - re CATV Franchise Fee Councilmari Demsher offered' 'Ordinance No. 1277' for first reading, an ordinance of the City Council of the City of Redding amending the Redding City Code, 1959 , as amended, by repealing 'Section 13: 1-4 and substituting therefor a new. Section 13. 1 -4, pertaining to CATV Fr,anchise Fee: I � � ORDINANCE - re Private DisposaL' of Garbage and Rubbish Councilman Demsher offered Ordinance No. 1278 for first reading, an ordinance of the City�Council of� tlie City of Redding amending Chapter 14 of the Redding Cit,y Code, 1959 , as amended, by repealing Section 14-6 and �ubstituting�therefor' a new Section 14-6 , pertaining to private . disposal of garba'ge and rubbish: .� Cou.ncilwoman Gard asked how-this ordinance would affect residents in the Cascade area,�which is largely agricultural. City Attorney Murphy�replied that the Planning Commission and staff are working on agricultural'zoning'classifications which will take care of that. ORDINA.NC E - r e Prohibition of C ertain Bu sin e s s e s Councilman-Demsher. offered Ordinance No. 1279 for first reading, an ordinanc_e of the :Cit�y,.Council of the:,City of Reddirig ainending Chapter 15 of the Re,dding -City Code, 1959; �as amended, by repealing Section 15-21 and substituting therefor a new Section 15-21 , pertaining to the prohibition of eertain businesses. The agricultural zoning classification ordinance will also address itself to this o rdinanc e. � r i 181 ORDINANCE - re Licensing of Peddlers or Solicitors Councilman Demsher offered Ordinance No. 1280 for first reading, an ordinance of the Cit�y Council of the City of Redding amending Chapter 17 of the Redding Cit�y Code, 1959 , as amended, by repealing Section 17-55 and substituting therefor a new Section 17-55 , pertaining to the licensing of peddlers or solicitors. ORDINANCE - re Miscellaneous Offenses Councilman Demsher offered Ordinance No. 1281 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 19 of the Redding Cit�y Code, 1.959, as amended, b�y repealing Sections 19-3.2 , 19-10, 19- 14, and 19-33, and substituting therefor new Sections 19-3.2, 19-10, 19-10. 1 , and 19-33., pertaining to miscellaneous offenses. ORDINANCE - re Maintenance and Removal of Trees Councilman Demsher offered Ordinance No. 1282 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 27 of the Redding City Code, 1959 , as amended, by repealing Sections 27-5 and 27-6 , and substituting therefor new Sections 25-5 .and 25-6 , pertaining to maintenance and removal of trees. ORDINANCE - re V"ehicles for Hire; . * Councilman Demsher offered Ordinance No. 1283 for first reading, an ordinance of the Cit•y Council of the City of Redding amending Chapter 28 of the Redding City Code, 1959, as amended, by repealing Section 28-1 and substituting a new Section 28-1 , pertaining to vehicles for hire. ORDINA.NCE - re Vehicles for Hire. Cou.ncilman Demsher offered Ordinance No. 1284 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 28 of the Redding Cit•y Code, 1959 , as amended, by repealing Section 28-28 and 28=86 and substituting therefor new Sections 28-28 and 28-86, pertaining to vehicles for hire.. PUBLIC HEARING - re Conflict of Interest Code The hour of 7:30 P.M. having,arrived, Mayor Fulton opened the Public Hearing on the Conflict of Interest Code for Members of the Redding City Council. The following document is on .file in the office of the City Clerk: Affidavit of Publication - Notice of Publication The City Clerk advised Council that no written protests had been filed, and the Mayor ascertained that there were no protests from the floor. City Attorney Murph�y advised Council that the proposed ordinance _ is a model ordinance prepared by staff counsel of the League of � � � California Cities . The ordinance is made necessary by the adoption of the Fair Political Practices Act (Proposition 9) b�y the State Legis- lature. It is mandatory that the ordinance be adopted, and October 10 is the deadline for its enactment for the Cit�y of Redding. . MOTION: Made by Councilman Demsher , seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes Councilman P.ugh offered Ordinance No. 1285 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 2 of the Redding Cit�y Code, 1959, as amended, by adding thereto Sections 2-43.2, 2-43.3, 2-43.4, 2-43. 5 and 2-43.6 , pertaining to the adoption of a conflict of interest code applicable to members of the City Council pursuant to the Political Reform Act of 1974. 182 PUBLIC HEARING - re Traffic Diverters - Magnolia Neighborhood Plan The hour �of 7:30 P.M. having ar.rived, Mayor Fulton opened the , � Public He'aring re Traffic Diverters - Magnolia Neighborhood Plan. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing ' - A.ffidavit of �Publication - Notice of Public Hearing 1Vlemorandum of Planning and Community Development Director dated September 17, 1976 The City Clerk advised Council that communications had been Sc�L� received from the following persons in opposition to the proposal for traffic diverters: ll�f� � � IVIr-: arid Mrs: Doyle Freirnann � Mr: Stewart Kett ' R. L. Kiel, Redding Postmaster John Reiner • Ethan and Arny Papineau Petition signed by 44 residents of Magnolia A.venue Letters were received from the following persons favoring diverte'r s: ` Mary Jane Nelson Richard and Dorlene Sauntlers Planning and Community Develop'ment Director Ha�rris advised Council that the proposal for the temporar•y traffic diverter.s evolved from the development of the Magnolia Neighborhood Plan, which is part of the Communit�y Development Program. During several meetings with Magnolia residents, a major problem identified was vehicular traffic which neither originated.nor terminated within the neighborhood. Lyle Stewart, Planning Consultant for the .City, explained that one of the greatest concerns was riot so much the quantity of traffic that penetrates the neighborhood, but the quality =- excessive speed on hilly streets where visibility is poor. The purpose of the d�verters is to discourage ithrough traffic. The locations of the proposed diver- ters were shown; on the Vu Graph. Mr. Stewart pointed out that con- struction would be such that emergency vehicles could push through the diverters if necessary. The following peirsons spoke .against the diverters on the basis that they would divert more traffic to Magnolia Avenue, that diverters are a hazard, arid that the�y would encourage the use of skateboards on the streets: ; - � . D. Davis, 3510 Bechelli L,arie W. Bell, 1431 Orange Ave. J. Wilson, .1416 Magnolia D. Baldwin, .1431 Olive Mrs. Nowell, 2331 Shasta D. Williams , 1456 Magnolia C. Barham, 1352 1Vlagnolia J. Bortoletto, 2.020 Carpenter Lane M. McMahan, 2900 Valentine Lane S. Boone , 2556 Shasta Street Honorable R:ichard B. Eaton R. Hester, 2349 Shasta i � Some of those opposed to the diverters indicated they would be agreeable if diverters were also provided on 1VIagnolia Avenue. � i � i j � � i 183 Persons favoring diverters or some alternate means of slowing traffic, such as four-way stop signs , dips , etc, , were as follows; Clyde Bentley, 2249 Butte Street Darline Saunders, 2408 Butte Street Kay Perry, 2354 North Street Marvin He s s George Keller , 1337 Olive Street Porter Jacobs , 1265 Olive Street � Henry Saunders, ;375 Chestnut Street Both Mrs. Saunders and Mrs. Perry noted that they had, submitted petitions requesting stop signs , and in each instance the Traffic and Parking Commissiori had rejected the requests. MOTION: Made by Council.man Demsher, seconded. by Councilma.n Pugh that the Public Hearing be closed. The Vote: Unanimous A.yes Councilwoman Gard asked Public Works Director Arness what type of temporar�y barriers would be used. She was advised that either 6x6 or 8x8 horizontal strips with 30" or 36" vertical plastic tubes would probably be used, and perhaps improved street lighting at such intersections. Couricilman Pugh said he noted that the theor�y behind the use of the diverters is that (1) only neighborhood residents will'use the streets , and (2) the diverters will slow down the flow of traffic. He asked if ,stop signs wouldn't accomplish the same thing and if there had been a study showing that people don'.t stop at stop.signs. Councilman Ander son commented that evidently mo st of the problem is speed and he doesn't feel that relocating traffic onto other streets is_going to correct the speed prablern..��He_,doesn!t believe't•hat diverters are the answer but is-willing to try them if the res�idents really want them, but he thinks the City should look for another solution. , � . � Councilman Demsher would like .to preserve the quality of the neighborhood and thinks there is a need to deal with the traffic problerns. ,He:favors trying�the �diverters o'r using four-way stop signs at intervals on the through streets from Eureka Way to Placer Street. � Councilwoman Gard would not want the diverters installed on a permanent basis, but does feel that they are worth trying. Councilman Pugh mentioned that if the diverters are installed, traffic would,be moved to Wiscons:in and Ridge Drive,;.;or to Court Street. He noted that the locations of the schools create a traffic problem and he is not convinced that diverters which divert traffic to other streets is the ;an�swer. . Councilwoman Gard asked Traffic Engineer Hamilton his thoughts on,:four-way stop s:igns. : � . , , . _ Mr. Hamilton stated that four-way stop signs work well when the traffi.c demands , but that when stop signs when there is little reason for thezn trafficwise, they are often ignored. He said they will.have no effect on speed, � � , � . , . , 184 MOTION:�°'Made by Council:man Pugh, seconded'by Councilman Demsher'Ireferring the matter back to Planning Staff for more detail stu�dy and alternate methods of eliminating the thorough- fare concept in the Magnolia Neighborhood area, including the use of four-way stop signs at 'appropriate location's . The Vote: Unanimous Ayes. � � I SEQUOIA STREET EXTENSION ASSESSMENT DISTRICT 197b-1 The hour of 7:30 P.M. having arxived, Mayor Fultom opened the Public Hearing re Sequoia Street Extension A.ssessment District 1976-1 . The following documents are ori file in the office of the City C1erk: A.ffidavit of�Publication - Notice of Improvernent - Affidavit of;Publication - Notice Inviting Sealed Bids Certificate of Mailing - Notice of Improvement �--5 1 Certificate of Posting -`1V`otice of Improvement � I The City Clerk advised Council that no written protests had been filed, and the Mayor ascertained that there were no protests from the floor. � Public Works Director Arness reviewed the project, noting that staff had been successful in obtaining negotiated bids $400 under the Engin.eer's _ Estimate for this project. (The Bid rejected by ' Council at the meeting of September 7 was approximately $11, 000 over the Engineer's Estimate). ,However, Mr. A.rness added, in the negotiation, the contractor was given the dirt to be removed and.the City is supplying 35 ft. of pipe. A.lso , the paving will be done with� a spreade•r box instead of a paving machine. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that� the Public Hearing be closed. The Vote: Unanimous A�yes ' ; RESOLUTION - A.pproving Engineer's Report MOTION: Madejby Councilman Pugh, seconded by Councilman Anderson�that Resolution No. 76- 110 be adopted , a resolution and order approving�Engineer's Report; ordering the improvements and acquisitions to be made and corifirming assessment, Sequoia Street Extension�A.ssessment District 1976-1 , City of Redding, Shasta County, California. , Voting was as fo!llows: A:yes: Councilmen - Anderson, Demsher, Gard , Pugh, and Fulton Noes: Council�men - None ' Absent: Council�men - None � Resolution No. I6=110 is on file in'the office of the City Clerk. RESOLUTION = A.uthorizing Changes in Work . MOTION: Made�by Councilman Ander�son, seconded.b�y�Councilman Pugh that Resolution No . 76-111 be adop'ted, a resolution authorizing changes in work to be made by the Director of Public Works of the City of Redding in Sequoia Street Extension Assessment District 1976-1 , City of Redding , Shasta County, California. Voting was as £ollows: Ayes: Counoilmen - Anderson, Demsher, Gard, Pugh, and Fulton Noes: Councilmen .- None Absent: Council�men - None � Resolution No. 76-111 is on file in the office of the City Clerk. � t � � i � � - _ _ _. . .. _ _ 185 Bond Counsel Robert Brunsell asked Council to authorize the acceptance of a negotiated.offer rather than go to competitive bid on the bonds for Sequoia Street Extension Assessment District. He said their_offiee has received a letter expressing interest from the office of a local bond broker. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson authorizing Bond Counsel to accept a negotiat,ed offer rather than go to competitive bid on the bonds for Sequoia Street Extension Assessment District 1976-1. The Vote: Unanimous A:ye s BUENA.VENTURA. BOULEVA.RD - Property Acquisition and, Relocation Councilman Pugh abstained from discussion and voting on this item, The hour of 8:30 P.M. having arrived, Mayor Fulton opened the Public.Hearing on the Buenaventura Boulevard project_- right-of-way acquisition and relocation. The following documents are on file in the office of the City Clerk: A.ffidav.it of Mailing - Notice of Public Hearing Memorandum to Council dated 9/16/76 from Director of --, -�,_, Planning and Community Development , � f�L�� The City Clerk advised Council that she had received communi- cations from the following persons asking to be heard on this matte r: Robert Borgnis Margaret Law , . Curtis Coleman Alma Lewis Olivia Foster Carl E. Mieske Mattie Ingram Serena Runnels . Chauncha :E.: ;Jame,s - . . . . _ Wi�ls�on�Selby�. -� . � �A.: M. Slo.cum� • � _ . . Williestine� Turner .. Mr.. and Mrs_.�. Kenneth Pickern . �Mr.�. and Mrs.�:E. J.Rodriguez .. . . Mr.. and Mrs.: P_urley_ B. Liggons Harri.son : Planning and Corrirriunity Development Director Harris reviewed his memorandum to Council:dated �September 16 , ��1976, pertaining to the=propos:e.d B.uenaventura •Right-of-W.ay A-cquisition and� Re- loca,tion .Project�, which,memorandum.is made a part� of�these rriinute:s by reference, . � • . . . . Housing Administrator Henson also spoke on the ,subject and showe:d the:property� lznder consideration on� the Vu Graph._ - ; ,, , The following persons appeared before Council requesting more detailed information as to when :they could expect to be paid for their property, and also expressed concern that the�y would not be able.to find and afford suitable housing in another location: John Clayborne W. Turner � Marshall Young Serena Runnels Mrs. Rodriguez � _. . A.. M. S1oc:um Mrs: Pickern Fraricine Brady Mrs. Purle�y Harrison C. James A. L. Thomas City A.ttor.ne,y. Murphy .explained� that the Cit,y has employed_an independent appraiser to appraise, the 38 parcels of property in the Linden Avenue area that are necessary to acquire for ,. � .. - . . - . -_ • . :, , .. . . . �;,. . , -- . 18'6 th'is project. If Council determines to proceed with the project, the appraiser will commence work. He will appraise each of the 38 properties to be purchased, When he completes his work, which he must do in 90 days, a second independent appraiser will review his appraisals and determine that he has computed the figures accurately and properly, When that has been com- pleted, each of t•he property owners will be offered the approved appraised price� That price is to be the.fair market value of the property -- what�a willing bu�yer would pay a willing seller. If the property o�wner feels the price is too low; he can refuse to sell. If so , the matter will go to court and the court will decide whether the price is fair or not. If the court decides that the price is too�low, a determination will be made by the court as to a fair price. _ . If the property owner is satisfied with the.price offered by the ' City, he can accept the price. Mr. Murphy explaine.d that in addition to the acquisition payment, there is a relocation plan which will provide an additional sum of money to assist the reside�t property owner in relocating in a new.neighborhood. This does not apply to an absentee property owner, but would apply to tenants living on property to be acquired.. Mr. Murphy was asked if the law doesn't require•three appraisers, and he replied that it does not, He was also asked if it were not true that the property.would be condemned if the owner does not agree to the price offered. Mr. Murphy stated that the Cit�y can compel the property owner to sell, but the City cannot insist that the owner accept the price offered. The matter would then be referred to the court. In reply to a que'stion as to how long before the, propert�y owners can expect to be. contacted, Mr. Murphy said that within three weeks o£ this meeting the City will send out a communication to all property owners and/or tenants of the 38 parcels .which will give more detailed information regarding the acquisition and re-. location. Within 90 days after z•eceipt of this communication, the City is compelled by law to make an offer for the property, and within six months from receipt of the communication if:the offer has not been accepted,,the City must commence action by law to acquire t�ie land. Mr.. Murphy stressed the fact that tenants and resident pro�perty owners will not be required to move immed- iatel�y upon acceptance of the offer. Time will be allowed to permit � finding a place to relocate. It is the City's obligation to rnake sure that each person� has a reasonable place to relocate in 5hasta County. The question wa's raised as to whether a person could be relocated in Louisiana. �IVIr. Henson eaid it is,not.possible.to g:ive a blanket answer, it would depend upon the facts involved. In reply to• an inquir�y, Ted Anderson stated that welfare and social security payments would not be affected by acquisition or relocation payments . i � MOTION: Made by Councilman Demsher, seconded.by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes 1 In a discussion of the time line involved, Mr. Murpliy,said he felt it was safe to say that if the offer is accepted by the property owner , within four months the City would be in a position to .proceed with the_payments for property acquisition. � • , r Mr. Murphy cautioned that if Council adopts the proposed resolutions tonight, it has only 10 da�ys to change its mind. Council cannot re- ' ve��se its decision after 10 days without incurring damages to the City. ' Councilman Demsher as sured Mr. Murphy that he would not expect Council to change its mind. 6 i � �� � � � � f 187 RESOLUTION. - re A.cquisitiori of Real Property MOTION: Made by Councilman Demsher , seconded by Gouncilman Anderson that�Resolution No. 76- 112 be adopted, a resolution of the City Couricil of the City of Redding finding that, the public con= venience and necessity require the acquisition of certain real ' property for a public improvement, to wit, Buenaventura Boulevard extension and improvement and relocation of Linden Avenue storm drainage channel. � Voting was as follows: � Ayes: Councilmen - Anderson, Demsher ; Gard, and Fulton Noes� Councilmen - None Absent; Councilmen - Norie � Abstain: Councilmen - Pugh _.: . � :. . �_ . . ._ . . . _ , `�-�. . Resolution No. 76-112 is on file in the office'of the Cit�y`Clerk. RESOLUTION - �Relocation Plan MOTION: Made by Councilman Demsher , seconded by Councilwoman Gard that Resolution No. 76-113 be adopted, a resolution of the Cit�y Council of the City of Redding adopting "Cit�y of Redding Relocation Plan for Buenaventura Right of Wa�y Acquisition". Voting was as follows: Ayes�. Councilmen - Anderson , Demsher , Gard, and Fulton Noes: Councilmen - None A.bsent: Councilmen - None Abstain: Councilmen - Pugh Resolution No. 76-113 is on file in the office of the �City Clerk. OPERATING LEA5E AGREEMENT - Martin Luther King Memorial Center IVIOTION: Made by Councilman Anderson, seconded by Councilman Pugh approving the Operating Lease Agreement between.the City of Redding and �/�J� the Martin Luther King, Jr, Memorial Center , and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous Ayes LETTER AGREEMENT - The. Center - Revenue Sharing Funding MOTION: Made by Counc'ilman Pugh, seconded by Councilman Anderson approving the Letter A.greement between the City of Redding and The � � �� Center , Inc. , re Revenue Sharing Funding, and authorizing the Mayor �/� -7 to execute same on behalf of the City. The Vote: Unanimous A.yes � A.GREEMENT FOR A.PPRAISA.L SERVICES - Buenaventura Blvd. Project Mayor Fulton declared this matter an urgency item. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the A.greement for Appraisal Services between the City of :� j�i -/-� Redding and Benson-5tathem-Shaw Associates , and authorizing the Mayor to execute same on behalf of the City. The Vote: Unanimous A�yes EXECUTIVE SESSION At the hour of 10:30 P.M. , Mayor Fulton declared an Executive�Session re acquisition of right-of-way. At the hour of 10:45 P.M. the meeting was reconvened, Mayor Fulton declarEd 'che following matters urgency items. MOTION: Made by Councilman Pugh, seconded by Councilman Anderson ��CJ' ''� authorizing the City Attorney to acquire the Ferrero property at the north end of Buenaventura Boulevard Project, Phase 1 , for $10 ,750 , as recommended b�y the City's appraiser. The Vote; Unanimous Ayes 188 i � i MOTION: Made b�y:Councilman Pugh, secondedtby Councilman Anderson autho�rizing the.�expenditure�of $7.00 for. s:urvey work ne`cessarily incidental �S(� to the acqtzisition of :certain parcels on the north side=of Hilltop Drive, and approving�.the:iacquisition;._of �such_parcels; at�a pric.e of.$1 , 900. :The Vote: Unariimou�s;.Ayes :: - . . . . �. , _ . .. ; _ ROUTINE COMMUNICA.TI.ONS.. : ._ _ � . � � � �� Application for Alcoholic Beverage License . . - �. � . I Per�ry'-s Piz�za.=,.-. �� c�. . � � , . , � . . ., � , . ,:�, i � j Publicity from Shasta-Cascade Wonderland A:ssociation P. G. & E. Notice re Application to PUC re Purchased Gas ���"� Adjustment Provis'ion , -. ADJOURNMENT , .. . . , • � There being no :further> busines.s , at.the hour of 1'0;50.,P.M. , the meeting was declared adjour:ned .byr�the :Ma.yor.. . ' , � . �: �; ., .. APPROVED; - � .�. .� - Mayo r ATTEST: . . , ; , ,. , , , , � . City Clerk � � . � . ; . .. . .... :. _.. _ . , , • _ t; ° . ; . ` . : _ . .�. � � . , . � . "' :�.;'_.. : � . , � , , �!� . . . . . _� , .. . • . I , " � (' '3; : ' �".. :' I . . . r � � � . �. . .. ,�... ., . ... .. .. . . , . � � . ' . � � . , � . .: . .. . .. . .. ..� ., ; . - ,. . , : . . �. � �. . . � . �' . �. . , ,. .. . ' . . � . ' ' . . �.�' � � � I i I { r {