Loading...
HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-06-17 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California June l7, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. The meeting was called to order by Vice Mayor Gard with the following Council Members present: Demsher, Fulton, Pugh, and Gard. Council Members absent: Mayor Kirkpatrick Also present were City Manager Courtney, City Attorney Hays, Director of Public Works Arness, Planning and Community Development Director Perry, Engineering Manager Russell, Superinten-dent of Public Works Galusha, Director of Recreation and Parks Riley, Assistant City Engineer Lang, Senior Planner Keaney, Director of Finance Downing, Traffic Engineer/Planner Will, Director of Data Processing Kelley, Senior Associate Planner King, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of May 20, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. 23, check nos. l05899 through l06l60 inclusive, in the amount of $1,579,651.37, be approved and paid; and, Payroll Register No. 24, check nos. 208289 through 208938 inclusive, in the amount of $507,436.18, for the period May l9, l985, through June l, l985, be approved. TOTAL: $2,087,087.55 Treasurer's Report - May 3l, l985 (B-l30-l50) Total Treasurer's Accountability - $25,637,058.6l Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $42,485,936.67 Claims for Damage and Personal Injury - lst Hearing Beatrice Gulick, by Attorney Donald Anderson - Claim for Personal Injury filed 5/29/85 Recommend denial and refer to Insurance Carrier (C-090-050) Pacific Bell Security - Claim for Damages filed 5/29/85 Recommend denial and refer to Insurance Carrier (C-090-020) Gary Vanderpool - Claim for Damages filed 6/ll/85 Recommend denial (C-090-020) Keith's Towing - Claim for Damages filed 6/7/85 Recommend denial and refer to Insurance Carrier (C-090-020) Charles Swim, Jr. - Claim for Personal Injury filed 6/l0/85 Recommend denial and refer to Insurance Carrier (C-090-050) Resolution Rejecting Bids - Whiskeytown Generation Control System (B-050-l00 and E-l20-070-825) City Manager recommends that Resolution No. 85-l05 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for Whiskeytown generation control system, Bid Schedule No. l630, and declaring that such system may be acquired in the open market, and authorizing negotiation therefor by the City Manager. Award of Bid - Relay and Control Panels (B-050-l00) City Manager recommends that Bid Schedule No. l63l, relay and control panels, be awarded to Systems Control, on its low bid in the amount of $27,537.74, sales tax included. Award of Bid - One (l) l6.8/22.4/28.0 MVA, Power Transformer (B-050-l00) City Manager recommends that Bid Schedule No. l632, one (l) l6.8/22.4/28.0 MVA power transformers, be awarded to Federal Pacific Electric Company, on its evaluated low bid in the amount of $323,23l.l0, sales tax included. Award of Bid - Four (4) l4.4 KV Vacuum Circuit Breakers (B-050-l00) City Manager recommends that Bid Schedule No. l633, four (4) l4.4 KV vacuum circuit breakers, be awarded to Westinghouse Electric Supply in the amount of $94,089.28. Award of Bid - Liquid Chlorine (B-050-l00) City Manager recommends that Bid Schedule No. l638, liquid chlorine, be awarded to All Pure Chemical Company in the amount of $220 per ton for the contract period from July l, l985, through June 30, l986. Award of Bid - Liquid Sulfur Dioxide and One (l) Storage Tank (B-050-l00) City Manager recommends that Bid Schedule No. l639, liquid sulfur dioxide and one storage tank, be awarded to the sole bidder, Cominco American, in the amount of $500 for the storage tank, installation and $225 per ton for the sulfur dioxide for the contract period from July l, l985, through June 30, l986. Award of Bid - Douglas Fir Poles (B-050-l00) City Manager recommends that Bid Schedule No. l640, douglas fir poles, be awarded to the low bidder, McCormick and Baxter, for the contract period July l, l985, through June 30, l986. Award of Bid - Liquid Aluminum Sulfate (B-050-l00) City Manager recommends that Bid Schedule No. l64l, liquid aluminum sulfate, be awarded to the low bidder, Stauffer Chemical Company, in the amount of $l48.40 per ton for the contract period July l, l985, through June 30, l986. Award of Bid - ferric chloride (B-050-l00) City Manager recommends that Bid Schedule No. l642, ferric chloride, be awarded to the low bidder, Imperial West Chemical Company, in the amount of $242.86 per ton for the contract period July l, l985, through June 30, l986. Award of Bid - Lime (B-050-l00) City Manager recommends that Bid Schedule No. l643, lime, be awarded to the sole bidder, Genstar Cement and Lime Company, in the amount of $l40.05 per dry ton for the contract period July l, l985, through December 3l, l985. Award of Bid - Liquid Cationic Polymer (B-050-l00) City Manager recommends that Bid Schedule No. l646, liquid cationic polymer, be awarded to the low bidder, Nalco Chemical Company, in the amount of $.44 per pound for the contract period July l, l985, through June 30, l986. Award of Bid - Remove and Replace Roofing and Flashing at Fire Hall Number 3 (B-050-l00) City Manager recommends that Bid Schedule No. l647, remove and replace roofing and flashing at Fire Hall Number 3, be awarded to the sole bidder, Quality Roofing, in the amount of $8,848. Award of Bid - Water Meters (B-050-l00) City Manager recommends that Bid Schedule No. l653, water meters, be awarded to the overall low bidder, Neptune Water Meter Company, for the contract period July l, l985, through June 30, l986. Award of Bid - Electric Power Metering Equipment (B-050-l00) City Manager recommends that Bid Schedule No. l655, electric power metering equipment, be awarded to the evaluated low bidder, General Electric Supply Company, for the contract period July l, l985, through June 30, l986. Resolution - re Modification of Exhibit 2B of Supplement No. 2 to Contract Between City of Redding and Western Area Power Administration (E-l20-900) Electric Director recommends that Resolution No. 85-l06 be adopted, a resolution of the City Council of the City of Redding approving Exhibit 2B to Supplement No. 2 of the Power Sales Contract with Western Area Power Administration and authorizing the Mayor to sign same. Resolution - re Contract for Professional Services with Ott Water Engineers, Inc. for Preparation of FERC License Application (E-l20-070-655) Electric Director recommends that Resolution No. 85-l07 be adopted, a resolution of the City Council of the City of Redding approving the contract between the City of Redding and Ott Water Engineers for professional services, and authorizing the Mayor to sign same. Set Public Hearing - re Flood Plain Combining District (L-0l0-500-050 and L-0l0-050) Planning Director recommends that a public hearing be set for 7:30 P.M., July l, l985, to consider adoption of a flood-plain zoning district (Chapter l8.47 "FP"). Set Public Hearing - re General Plan Amendment Application GPA-5-85, by Jim Graves (G-030-0l0) Planning Director recommends that a public hearing be set for 7:30 P.M., July l, l985, to consider General Plan Amendment Application GPA-5-85, by Jim Graves. Set Public Hearing - re General Plan Amendment GPA-7-85, by Bonnyview Meadows Investors (G-030-0l0) Planning Director recommends that a public hearing be set for 7:30 P.M., August 5, l985, to consider General Plan Amendment application GPA-7-85, by Bonnyview Meadows Investors. Set Public Hearing - Rezoning Application RZ-8-85, by Ron Thomas (L-0l0-230) Planning Director recommends that a public hearing be set for 7:30 P.M., July l5, l985, to consider Rezoning Application RZ-8-85, by Ron Thomas. Set Public Hearing - Rezoning Application RZ-l3-85, by Mt. Lassen Machinery (L-0l0-230) Planning Director recommends that a public hearing be set for 7:30 P.M., July l, l985, to consider Rezoning Application RZ-l3-85, by Mt. Lassen Machinery. Set Public Hearing - Rezoning Application RZ-l4-85, by City of Redding (L-0l0-230) Planning Director recommends that a public hearing be set for 7:30 P.M., July l5, l985, to consider Rezoning Application RZ-l4-85, by City of Redding. Resolution - re Abandonment Application A-5-85, by Michael Oden and City of Redding (A-0l0-040) Planning Director recommends that Resolution No. 85-l08 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a ten-foot wide pedestrian easement along the east property line at 960 Springer Drive (A-5-85), and setting a public hearing for 7:30 P.M., July l5, l985. Resolution - Authorizing Grant Application for Soccer Field Night Lights (G-l00-l70 and P-050-l00) Planning Director recommends that Resolution No. 85-l09 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of an application with the Department of Parks and Recreation, State of California, United States of America, for a grant under the terms of the Roberti-Z-Berg Open Space and Recreation Program of l985-86 for the Installation of night lights for an existing sports field at Caldwell Park. Resolution - Accepting Grant and Award of Contract to Bi Trans Systems, Inc. for Phases I and II of Hilltop-East Cypress Traffic Signal Study (G-l00-l70 and T-080-700) Planning Director recommends that Resolution No. 85-ll0 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to sign a project agreement with BI-Tran System, Inc., on behalf of the City of Redding for Phases I and II of the Hilltop Drive/East Cypress Avenue Signal Operation Study Grant Program. Resolution - Lot Line Adjustment LS-33-85, by William Chamberlain (L-0l0-l50) Planning Director recommends that Resolution No. 85-lll be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-33-85. Resolution - Lot Line Adjustment LS-37-85, by Donald Owne, Jr. (L-0l0-l50) Planning Director recommends that Resolution No. 85-ll2 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-37-85. Resolution - re Density Increase Agreement with Sandpointe Investors (L-0l0-390) Planning Director recommends that Resolution No. 85-ll3 be adopted, a resolution of the City Council of the City of Redding approving the agreement between Sandpointe Investors and the City of Redding for Density Increase (Use Permit UP-2l4-84), and authorizing the Mayor to sign same. Request for Addition to Senior Citizens' Building (C-050-700) Recreation and Parks Director recommends that Council approve an addition to the Senior Citizens' building to include extending the northern part of the building, enclosing a portion for a meeting room, expanding the kitchen, and installing double doors to the front entrance; and, that the project be advertised for bids by the Public Works Department. Award of Bid - Digester Roof Repairs (B-050-020 and W-0l0-450) Public Works Director recommends that Bid Schedule No. l626 (Job No. 9587), digester roof repairs, be awarded to Saheed Kaleel Mittry on his low bid in the amount of $76,888.45. It was noted that an addi- tional budget appropriation will be required for this project. Award of Bid - Solarium-Greenhouse Addition to Carter House Science Museum (B-050-020 and C-050-450-030) Public Works Director recommends that Bid Schedule No. l645 (Job No. 9532), solarium-greenhouse addition to Carter House Science Museum, be awarded to Sundance Industries on its low bid in the amount of $l5,430.96. It was noted that this project will be funded by the Shasta Natural Science Association. Award of Bid - Sewer Treatment Plant Outfall Diffuser Replacement (B-050-020 and W-0l0-450) Public Works Director recommends that Bid Schedule No. l649 (Job No. 9586), Sewer Treatment Plant Outfall Diffuser Replacement, be awarded to Dive Tech International on its low bid in the amount of $40,000. Award of Bid - 6-Inch Water Line Replacement, Redwood Boulevard to Twin View Boulevard (B-050-020 and W-030-725) Public Works Director recommends that Bid Schedule No. l654 (Job No. 9575), 6-inch water line replacement, be awarded to Russ Howington, on his low bid in the amount of $9,600. Amendment to Lease Agreement - Wings West Airlines (A-090-l00-960 and C-070-l00) City Attorney recommends approval of an amendment to the Wings West Airlines lease which allows Wings West Airlines to occupy the space formerly occupied by AFS Airlines, at Redding Municipal Airport. Amendment to Lease Agreement - Fred Peri (C-070-l00 and A-090-l00) City Attorney recommends approval of an amendment to the Fred Peri lease at Redding Municipal Airport which results in an increase in ground rental fees to $3,000 per year. Extension of Permit - Shasta Kart Club (C-070-l00 and A-090-l00) City Attorney recommends approval of a one-year extension (to July l4, l986) of a permit which covers the activities of the Shasta Kart Club at the Redding Municipal Airport. Agreement - California Safety Company for City Alarms (A-070-020 and C-050) City Attorney recommends approval of an agreement which represents a three-year extension commencing April l, l985, and terminating March 3l, l988, of an ongoing lease with California Safety Company for various alarm systems in City-owned buildings Permit - Avis Rent-A-Car (A-090-l00 and C-070-l00) City Attorney recommends renewal of a permit issued to John N. Kilpatrick to operate the Avis Rent-A-Car service at the Redding Municipal Airport, commencing September l5, l984, and terminating September l4, l989, including space lease fees, storage space, and maintenance and security costs. Agreement - Redding Swim Club for Use of Redding Plunge (P-050-700-600) City Attorney recommends a one-year extension of the agreement with the Redding Swim Club for the use of the swimming pool facilities at the Redding Plunge in Lake Redding Park, commencing June l, l985, and terminating December 3l, l985. Agreement - Shasta Aquatic Swim Club for Use of Redding Plunge (P-050-700-600) City Attorney recommends approval of an agreement with the Shasta Aquatic Swim Club for the use of the pool facilities at Lake Redding Plunge, commencing June l8, l985, and terminating September l, l985. Resolution - re Transmission Agency of Northern California (TANC) Project Agreement for Short-Term Financing (E-l20-250) City Attorney recommends adoption of Resolution No. 85-ll4, a resolu- tion of the City Council of the City of Redding approving the TANC Project Agreement for the issuance and sale of a promissory note for short-term financing, and authorizing the Mayor to sign said agree- ment. Resolution - Authorizing Destruction of Records (A-050-055-750) City Clerk recommends adoption of Resolution No. 85-ll5, a resolution of the City Council of the City of Redding authorizing the destruction of certain records. - - - - MOTION: Made by Council Member Demsher, seconded by Council Member Pugh, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution Numbers 85-l06, 85-l07, 85-l08, 85-l09, 85-ll0, 85-lll, 85-ll2, 85-ll3, 85-ll4, and 85-ll5, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Property Owners in Vicinity of Chestnut and Willis Streets - re Formation of Assessment District to Pave Alley (A-l70-0l0) A letter was received from property owners in the vicinity of Chestnut and Willis Streets asking to form an assessment district to pave the alley between Chestnut and Willis from Butte to Placer. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the request be referred to staff for report and recommen- dation. The Vote: Unanimous Ayes RESOLUTION - Honoring Housing and Redevelopment Administrator Henson on His Retirement (A-050-250-070) Mayor Kirkpatrick recommended adoption of Resolution No. 85-l04, a resolution of the City Council of the City of Redding in appreciation of services rendered to the City and Community by Francis E. Henson, Housing and Redevelopment Administrator for the City of Redding. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 85-104 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-l0-85 (L-0l0-230) MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. l733 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Ordinance No. l733 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-l0-85). Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh Ordinance No. l733 is on file in the office of the City Clerk. TENTATIVE SUBDIVISION MAP - Ivy Hills Subdivision, by Don Matthews (S-l00-320) Council was advised that the Planning Commission has granted permis- sion to subdivide property located generally adjacent to and south of Goodwater Avenue and north of Wilson Avenue into 26 single-family lots, described as Tentative Subdivision Map S-6-85, Ivy Hills Subdi- vision. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval. This was an information item. RESOLUTION - Approving General Plan Amendments GPA-l-85, GPA-3-85, and GPA-6-85 (G-030-0l0) Council Member Pugh abstained from voting on this matter. Planning Director recommends that Resolution No. 85-ll6 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amend-ments GPA-l-85 (3l00 South Street, by Mt. Lassen Machinery), GPA-3-85 (2697 Victor Avenue, by Ron Thomas), and GPA-6-85 (266l Henderson Road, by Paul Ogden). Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Abstain: Council Members - Pugh Resolution No. 85-ll6 is on file in the office of the City Clerk. NOTICE OF COMPLETION - 24-Inch Water Line Replacement Churn Creek at Merchant (B-050-020 and W-030-725) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Bid Schedule No. l627 (Job No. 950l), 24-inch water line replacement, Churn Creek at Merchant, be accepted as completed satis- factorily by Cox & Cox Construction, Inc., for the final contract price of $45,384. The Vote: Unanimous Ayes with Council Member Pugh abstaining AWARD OF BID - Rock and Mineral Products (B-050-020) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Bid Schedule No. l644, rock and mineral products for fiscal year l985-86, be awarded as follows: Item Numbers l through 6 J. F. Shea Co., Inc. Item Numbers 7 and 8 B & S Gravel Co. Item Numbers 9 through l2 Morgan Paving Materials Co. Item Number l3 Shasta Redi-Mix The Vote: Unanimous Ayes with Council Member Pugh abstaining SUMMONS AND COMPLAINT City Attorney Hays advised that the following Summons and Complaint has been received by the City: Jannece A. Toney by Attorney H. Andre Blau vs. City of Redding et al (C-090-l00) SETTLEMENT OF CLAIM City Attorney Hays advised that the following claim has been settled by the City Insurance Carrier: Jerry Snyder - Claim for Personal Injury filed 8/ll/82 Settled in the amount of $l6l,650 (C-090-l00) ROUTINE REPORTS AND COMMUNICATIONS Department of Transportation: (S-050-l00) Essential Air Service at Santa Rosa Alcoholic Beverage License Applications: (A-ll0-l40) Pietro's of Redding (Pietro's Pizza Parlor, Inc.) 995 Hilltop Drive The Daisy Kitchen (Betty Dante, Fred Schoradt) 5200 Churn Creek Road, Suite K Straw Hat Pizza (Brenda & John Luntey) 2495 Athens Avenue Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity ORAL COMMUNICATIONS (A-050-060-555) Council Member Pugh discussed the City Attorney's suggestion that some consideration be given to scheduling public hearings for 7:00 P.M., rather than 7:30 P.M. He said, since the inception of the Consent Calendar, it has been necessary to recess the meeting until 7:30 P.M., on several occasions. A general discussion was held regarding the Consent Calendar and it was felt that steps could be taken to make it more understandable to the public. It was decided that a statement would be placed on the agendas and an announcement would be made explaining the Consent Calendar and under what circumstances items may be removed. In response to an inquiry from Vice Mayor Gard, City Attorney Hays said he would research the steps necessary to change the public hearing times to 7:00 P.M. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher instructing the City Attorney to research the possibility of changing public hearing times to 7:00 P.M., and to prepare the neces- sary document for the next regular meeting. The Vote: Unanimous Ayes PUBLIC HEARING - re Proposed Water Rate Increase (W-030-400) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re proposed water rate increase. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Public Works Director Arness reviewed his memorandum to Council dated June ll, l985, which is incorporated herein by reference. He stated that on September l9, l983, Council adopted a new water rate schedule and approved, in concept, a rate plan which when fully implemented will provide a uniform water rate for all users. Mr. Arness reported that the third and final rate adjustment is proposed for July l, l985, which will eliminate the current inequity between single family residential users on individual meters and multi-family residential and industrial users on large master meters. He reviewed the accounts which will be influenced by the recommended water rate change and pointed out the annual increases for these customers. It is the recommendation of staff that a resolution be adopted imple- menting the proposed water rate adjustment. Mr. Arness complimented Public Works Superintendent Galusha for compiling the information contained in the report to Council. Vice Mayor Gard noted that the report is very understandable and a very good report. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 85-ll7 be adopted, a resolution of the City Council of the City of Redding establishing water utility rates for service to customers within the corporate limits of the City of Redding and the Buckeye Service Area. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 85-ll7 is on file in the office of the City Clerk. PUBLIC HEARING - re Tentative Subdivision Map S-ll-84, Quail Ridge, Units 2 - ll, Appeal of Denial of Amendment Request (S-l00-607) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re the appeal of denial of amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge, Units 2 through ll. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l4, l985 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l4, l985. He stated that the Planning Commission has approved the subdivision of property located generally north of Lancers Lane, east of Canby Road, and west of Churn Creek. Units 2 through ll consist of 485 single-family residential lots on l60 acres, a school site, two park sites, and an open-space dedication along Churn Creek. Mr. Perry explained that in l983, the Planning Commission approved a request for the encroachment of a road and two lots into the l00-year flood plain of Churn Creek, but denied the request for five other lots. Subsequent to that decision, the applicant appealed that decision. He said the amendment request came about as a product of Condition No. 35, which required all lots to be outside of the flood plain. Mr. Perry pointed out that if all lots in the flood plain are relocated, there will be a loss of approximately six lots with a school site or no lots if the school district elects to not accept the dedication offer. Mr. Perry reviewed the issues involved with encroachment into flood plains. He said the applicant retained OTT Water Engineers to eval- uate the hydrologic impacts of the proposed encroachment. Mr. Perry outlined the choices available to Council at this time. He noted that if any encroachment is allowed, Council must either find there is no significant effect on the environment or require an environmental impact report. The negative declaration was issued for the project predicated on there not being any lots in the flood plain. It is the recommendation of staff that the appeal be denied and the action of the Commission be upheld. The opinion of staff is that stream channels should generally be left in their natural condition, that the City should not be party to raising flood levels on another's property, and that encroachment on one side must presume that equal encroachment will be afforded the property owner on the other side. Jack Baker, l5537 Prospect Drive, developer of the project, stated that at the time they prepared the tentative map, the engineer thought the l00-year flood line was located below the Churn Creek Sewer and they believed the project was out of the flood plain area. He said that when it was determined that there was encroachment in the flood plain, staff agreed that they should get a report from a recognized hydrologist. Dr. Humphrey prepared the data and Mr. Baker indicated that his report supports the construction of lots in the fringe area. Mr. Baker indicated that the road system is in and they are not going to change any construction costs. He said they have agreed to compen- sate the property owner on the east side of the creek for a l0 foot by 800 foot strip of his property. Mr. Baker reviewed the points listed in the staff report concerning the Ott Water Engineer report and noted that staff did not ask them to study several of the points listed. Mr. Baker said he believes they have met and mitigated most of the concerns of the project. He said they believe the data they have submitted together with the blessing of their neighbor on the east side of the creek, support the encroachment in the backwater area of approximately 60 feet. Mr. Baker asked that Council act favorably on their request. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. In response to an question from Vice Mayor Gard, Mr. Perry advised that the Planning Commission allowed the encroachment only in the swail area which would have a minimal impact on the area. Vice Mayor Gard expressed concern about setting a precedent for future developments and the negative declaration which was predicated on no encroachment in the flood plain. She said it would be difficult to make the finding for a negative declaration if this request is ap- proved. Mr. Perry explained that staff learned more about this project as it progressed and that more questions were raised as time went on. Council Member Demsher said he understands the position of the devel- oper but the flood plain does have some significance. He noted that encroachments such as this have caused some problems in the past. Mr. Demsher agreed that the appeal should be denied. Council Member Pugh said it appears to him that we are looking at the impacts of poten-tial encroachments on other properties. He said much more information is available now about what water does than there was a few years ago. Mr. Pugh noted that staff has agreed that there will be no impact on properties upstream or downstream from the project and the developer has a verbal agreement with the neighbors across the creek. He said it would appear to him that the City could allow the lots that would not impede the water flow or create problems upstream or down-stream, if a written document is filed with the City Attorney releas-ing the City from liability from the property owner on the east side of the creek, and if the environmental issue is resolved. Council Member Fulton agreed with Council Member Pugh that encroach- ment is allowable under some circumstances. MOTION: Made by Council Member Demsher, seconded by Vice Mayor Gard that the appeal the denial of an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge, be denied. Voting was as follows: Ayes: Council Members - Demsher and Gard Noes: Council Members - Fulton and Pugh Absent: Council Members - Kirkpatrick This motion died for lack of a majority. Council Member Pugh asked the City Attorney if there is a way to mitigate the environmental issues at this time. City Attorney Hays replied that the negative declaration was issued on the basis that there would be no encroachment in the flood plain and approval of the request would require that it be sent back to the Planning Commission to deal with a new negative declaration and the mitigation measures. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the appeal of denial of an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge Subdivision, Units 2 through ll, be approved, allowing encroachment as requested for six lots and the road, and referring the matter to the Planning Commission for environ- mental review. Voting was as follows: Ayes: Council Members - Fulton and Pugh Noes: Council Members - Demsher and Gard Absent: Council Members - Kirkpatrick This motion died for lack of a majority. Leonard Bandell, l330 West Street, attorney representing Mr. Baker, suggested that the matter be continued to a time when there is an odd number of Council Members present. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the appeal of denial of an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge Subdivision, Units 2 through ll, be continued to 7:30 P.M., July l, l985. The Vote: Unanimous Ayes Council Member Demsher left the meeting at this time. PUBLIC HEARING - re Abandonment Application A-3-85 by Nedra Soos (A-0l0-l00) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re Abandonment Application A-3-85 by Nedra Soos. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l2, l985 The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l2, l985. He stated that the Planning Commission has recommended abandonment of an unim-proved street right-- of-way adjacent to l845 Aspen Avenue. A map of the area was shown on the Vu Graph. It is the opinion of the Planning Commission and staff that the land is not needed for public street or other purposes. If Council con- curs, it is recommended that the City Attorney be authorized to dispose of the subject property which could then be acquired by the adjoining property owner for uses consistent with the General Plan. It is further recommended that the negative declaration be ratified. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Pugh approving Abandonment Application A-3-84, by Nedra Soos, and instructing the City Attorney to dispose of the property. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that Council make the following findings relative to Abandonment Application A-3-85, by Nedra Soos: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratify the Negative Declaration approved by the Board of Adminis- trative Review on March 27, l985. The Vote: Unanimous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-3-84, by E. W. Cook et al (G-030-0l0) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re General Plan Amendment Application GPA-3-84, by E. W. Cook et al. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l3, l985 The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Council Member Pugh advised that it will be necessary for him to abstain from voting and discussion on this matter. With only two Council Members to consider the matter, it was felt that the hearing should be continued to July l, l985. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the public hearing re General Plan Amendment Application GPA-3-84, by E. W. Cook, et al, be continued to 7:30 P.M., July l, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-ll-85, by City of Redding (L-0l0-230) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re Rezoning Application RZ-ll-85, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l3, l985 The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Council Member Pugh advised that it will be necessary for him to abstain from voting and discussion on this matter. With only two Council Members to consider the matter, it was felt that the hearing should be continued to July l, l985. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the public hearing re Rezoning Application RZ-ll-85, by City of Redding be continued to 7:30 P.M., July l, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Revised Noise Element of the Redding General Plan (G-030-070) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re Revised Noise Element of the Redding General Plan (GPA-8-85). The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l2, l985 The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l2, l985. He stated that the purpose of this public hearing is to obtain comments concern-ing the draft amend- ment to the Noise Element of the Redding General Plan. A copy of the draft negative declaration was submitted to Council. Mr. Perry advised that the Planning Commission recom-mended approval of the draft amendment. It is the recommendation of the Planning Commission and staff that Council adopt a resolution amending the General Plan of the City of Redding by adopting a new Noise Element. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Resolution No. 85-ll8 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting a new Noise Element, and ratifying the negative declaration. Voting was as follows: Ayes: Council Members - Fulton, Pugh, and Gard Noes: Council Members - None Absent: Council Members - Demsher, Kirkpatrick Resolution No. 85-ll8 is on file in the office of the City Clerk. PUBLIC HEARING - re General Plan Amendment Application GPA-4-85, and Rezoning Application RZ-9-85, by the Pilgrim Congregational Church *(G-030-0l0 and L-0l0-230) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re General Plan Amendment Application GPA-4-85, and Rezoning Application RZ-9-85, by the Pilgrim Congregational Church. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. City Attorney Hays advised that the Pilgrim Congregational Church has withdrawn both applications on this matter and no further action is required. CONTINUED PUBLIC HEARING - re Confirmation of School Site in Benton Ranch Subdivision, S-l6-84 (S-l00-040) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re confirmation of school site in Benton Ranch Subdivi- sion, S-l6-84. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l3, l985. He stated that the Planning Commission has approved the subdivision of the Benton Ranch property into ll parcels. A map of the area was shown on th Vu Graph. Mr. Perry explained that, involved with the project, is the dedication of a ten-acre parcel (Parcel 5) to the Redding Elemen-tary School District for a school site. Pursuant to State law and the City Code, the City Council must approve the school site location. It is the recommendation of staff that Council approve the dedication of a school site at the location as expressed in Condition No. 38 of the tentative map. In response to an inquiry from Vice Mayor Gard, Mr. Perry advised that the school district has agreed to the site but not on the price of the land as yet. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Fulton approving the dedication of a school site at the location as expressed in Condition No. 38 of Tentative Subdivision Map S-l6-84, Benton Ranch. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Acquisition of Sewer Easement in Sandpointe Development and North Canby Sewer Assessment District (C-070-0l0 and A-l70-l00-400) The hour of 7:30 P.M., having arrived, Vice Mayor Gard opened the public hearing re acquisition of sewer easement in Sandpointe Develop- ment and North Canby Sewer Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. City Attorney Hays advised that Mr. Bolster of Drake Homes indicated that they have reached an agreement with the parties involved and it is no longer necessary to deal with the public convenience and neces- sity for the easement. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 8:35 P.M., Vice Mayor declared the meeting adjourned. APPROVED: ___________________________________ Vice-Mayor ATTEST: ____________________________________ City Clerk