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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-07-15 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California July l5, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Retired Pastor Charles Mellor of the 7th Day Adventist Church. The meeting was called to order by Mayor Kirkpatrick with the follow- ing Council Members present: Demsher, Fulton, Gard, Pugh, and Kirkpatrick Also present were City Manager Courtney, City Attorney Hays, Director of Electric Utility Lindley, Planning and Community Development Director Perry, Director of Finance Downing, Recreation and Parks Director Riley, Assistant City Engineer Lang, Senior Planner Keaney, Director of Personnel Services Bristow, Director of Data Processing Kelley, Housing Administrator Maurer, City Clerk Nichols, and Secre- tary to the City Council Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of July l, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. 0l, check nos. l06574 through l06847 inclusive, in the amount of $1,353,806.18 be approved and paid; and, Payroll Register No. 26, check nos. 209589 through 2l0274 inclusive, in the amount of $535,532.06, for the period June l6, l985 through June 29, l985, be approved. TOTAL: $1,889,338.24 Treasurer's Report - June 30, l985 (B-l30-l50) Total Treasurer's Accountability - $24,6l7,338.89 Total City of Redding Funds, Funds Held in Trust and Funds of Related Entities - $4l,262,945.42 Claims for Damage and Personal Injury - lst Hearing Glinda Fay Fugate - Claim for Personal Injury filed 6/28/85 Recommend denial and refer to Insurance Carrier (C-090-020) David Eugene & Laura Winters, Guardians Ad Litem for Dennis Winters - Claim for Personal Injury filed 6/28/85 Recommend denial and refer to Insurance Carrier (C-090-050) Gwila Leigh Gross - Claim for Personal Injury filed 7/l/85 Recommend denial and refer to Insurance Carrier (C-090-050) Sandra Myers & Roy Laws - Claim for Personal Injuries filed 7/5/85 Recommend denial and refer to Insurance Carrier (C-090-050) William Gilbert - Claim for Damages filed 7/8/85 Recommend denial and refer to Insurance Carrier (C-090-020) Award of Bid - Three Phase Pad Type Distribution Transformers (B-050-l00) City Manager recommends that Bid Schedule No. l659, three phase pad type distribution transformers, be awarded to Westinghouse Electric Supply Company in the amount of $37,002.48, sales tax included. Resolution - re Contract for Professional Services with Resource Management, International (230 kV Transmission Tie Line) (E-090-l60) Electric Director recommends that Resolution No. 85-l34 be adopted, a resolution of the City Council of the City of Redding approving the contract between the City of Redding and Resource Management interna- tional, Inc. for professional services to develop a 230 kV trans- mission tie line, and authorizing the Mayor to sign same. Resolution - re Contract for Professional Services with Resource Management, International (Common Forecasting Methodology Data Fil- ings) (E-l20) Electric Director recommends that Resolution No. 85-l35 be adopted, a resolution of the City Council of the City of Redding approving the contract between the City of Redding and Resource Management Interna- tional, Inc. for technical assistance with the California Energy Commission (Common Forecasting Methodology Data Filings), and author- izing the Mayor to sign same. Set Public Hearing - Appeal of Use Permit UP-32-82, by Dick Shrock (L-0l0-390) Planning Director recommends that a public hearing be set for 7:00 P.M., August 5, l985, to consider the appeal by Dick Shrock of Use Permit UP-32-82. Resolution of Intention - re Abandonment Application A-6-85, by City of Redding Planning Director recommends adoption of Resolution No. 85-l36, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a street right of way on Canby Road south of Dana Drive and north of State Highway 44 and on Dana Drive east and west of the Churn Creek Overpass and north of State Highway 44 (A-6-85), and setting the public hearing for 7:00 P.M., August 5, l985. Amendment to CDBG Citizen Participation Plan (G-l00-030) Planning Director recommends approval of an amendment to the Community Development Block Grant Citizen Participation Plan, which changes portions of the text referring to pre-application requirements and public hearings to certain portions of the program which are no longer required, and brings it into conformance with HUD guidelines. Resolution - re Tax Allocation Notes by the Redding Redevelopment Agency (R-030-050) Planning Director recommends adoption of Resolution No. 85-l37, a resolution of the City Council of the City of Redding approving the issuance and sale of the Redding Redevelopment Agency Canby/Hilltop/- Cypress Redevelopment Project Tax Allocation Bonds, Series A. Resolution Accepting Streets and Acceptance of Improvements - Parkwood Estates Subdivision, Unit No. 4 (*S-070-230 and S-l00-583) Public Works Director recommends that improvements in Parkwood Estates Subdivision, Unit No. 4, be accepted as satisfactorily completed and that the City Clerk be instructed to return the securities to the developer. It is further recommended that Resolution No. 85-l38 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation portions of Oakmont Drive and Edgewood Drive in the Parkwood Estates Subdivision, Unit No. 4. Acceptance of Final Map - Sunset Terrace Subdivision, Unit No. 7A (S-l00-720) Public Works Director recommends that the Final Map for Sunset Terrace Subdivision, Unit No. 7A, be approved, the Mayor to authorized to sign the Subdivision Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. Award of Bid - l985-86 Slurry Seal Program (B-020-050 and S-060-200) Public Works Director recommends that Bid Schedule No. l667, l985-86 slurry seal program, be awarded to Valley Seal Company in the amount of $82,230. Award of Bid - l985 Surface Recycling and Asphalt Concrete Overlay Program (B-020-050 and S-070-200) Public Works Director recommends that Bid Schedule No. l668, l985 surface recycling and asphalt concrete overlay program, be awarded to Redding Constructors, Inc. in the amount of $4l8,044.26. Notice of Completion - Rehabilitation of Enterprise Well No. 7 (B-020-050 and W-030-750-l00) Public Works Director recommends that Bid Schedule No. l6l3, reha- bilitation of Enterprise Well No. 7, be accepted as satisfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - l984-85 Slurry Seal Program (B-020-050 and S-070-200) Public Works Director recommends that Bid Schedule No. l634, l984-85 Slurry Seal Program, be accepted as satisfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. Award of Bid - Landfill/Gun Club Access Road Improvements (B-020-050 and S-070-l00) Public Works Director recommends that Bid Schedule No. l67l, Land- fill/Gun Club Access Road, be awarded to Russ Howington in the amount of $l9,795. Award of Bid - Municipal Airport Runway l6/34 Turn Off and Holding Apron (B-020-050 and A-090-l00) Public Works Director recommends that Bid Schedule No. l660, construc- tion of Municipal Airport Runway l6/34 turn off and holding apron, AIP Project No. 3-06-0l94-04 (Job Nos. 9543 and 9544), be awarded to J. F. Shea Co., Inc., in the amount of $290,065.50, subject to receiving FAA approval. Resolution - Ratifying Recommendation of M-S-R for Advance Refunding of San Juan Project Bond Anticipation Notes (E-l20-500) City Attorney recommends that Resolution No. 85-l39 be adopted, a resolution of the City Council of the City of Redding ratifying the advance refunding of the $220,600,000 9% San Juan Project bond antici- pation notes, Series B. Resolution - re Public Hearing Times (A-050-060) City Attorney recommends that Resolution No. 85-l40 be adopted, a resolution of the City Council of the City of Redding establishing public hearing times for 7:00 P.M. - - - - 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, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Pugh and Gard Resolution Numbers 85-l34, 85-l35, 85-l36, 85-l37, 85-l38, 85-l39, and 85-l40, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Rufus Knapp - re Bright Light Problem at the Soft Ball Park (P-050-600-200) A letter was received from Rufus Knapp, 3425 Hillcrest Street, appeal- ing the decision of the Recreation and Parks Commission not to rectify the bright light problem at the softball park. Council Member Gard noted that the problem has already been referred to staff but apparently has not been resolved. She emphasized that the homes in the Hillcrest Street area have been there for many years and it is only the new lights at the softball park that are causing the problem. In response to an inquiry from Council Member Pugh, Recreation and Parks Director Riley replied that shields have been installed on some of the light fixtures to improve the glare. Mr. Riley pointed out that there is a long history to this problem and the Recreation and Parks Commission and himself have been to Mr. Knapp's residence. He said the Commission has been very sympathetic to the situation. Mr. Riley advised that the lights were redirected at one time; however, the ball players complained that there were reflections on the field. He said shields were then installed but this has caused a problem for Mr. Knapp. In response to a question from Ms. Gard, Mr. Riley advised that the lights at the softball park stay on until ll:30 P.M., or Midnight at the latest; whereas, the lights at Alta Mesa Park are turned off at l0:00 P.M. Council Member Demsher stressed that there is a problem which needs to be resolved. He felt either the field lights should be shielded or the hours reduced. Mr. Pugh noted that the hours of operation are not the problem, but the glare in the residents' backyards. He suggested that a lighting expert be consulted to see what can be done to resolve the problem for the residents and still get adequate light on the field. Mr. Pugh felt the lights should be relocated if possible before considering different lights. With the concurrence of Council, Mr. Riley was instructed to report back to Council at its next regular meeting with the results of his meeting with a lighting expert. ORDINANCE - Adding Chapter l8.47 to Municipal Code re "FP" Flood Plain Combining District (L-0l0-050) Council Member Gard abstained from voting on this matter. Bob Spaid, 200l Park Marina Drive, protested the enactment of the ordinance in its present state. He felt it is unnecessarily restric- tive, especially in the Park Marina area. He submitted a letter to Council indicating his objections to the proposed ordinance. His letter, dated July l5, l985, is hereby made a part of these records by reference. Russ Reiner, attorney for Mr. Spaid, said he spoke at the public hearing concerning the Flood Plain District and did not feel that the Council addressed his concerns or those of other speakers. He said the Council did not address the question of why the ordinance is being as restrictive as it is. Mr. Reiner stated that FEMA's purpose is to have decent construction standards and if they are followed, develop- ment is allowed to occur in the flood plain. He said most communities fight FEMA standards as too restrictive. Mr. Reiner felt that a future amendment to the ordinance would be subject to FEMA's approval and may not be approved. He supported adoption of FEMA's sample ordinance. He asked that, if this ordinance is adopted this evening, all properties in the flood fringe be deleted from the ordinance. In response to an inquiry from Council Member Demsher, Mr. Perry advised that, as far as he knows, FEMA can enforce the minimal stan- dards and whatever exceeds those standards. He said, in some cases, FEMA encourages cities to adopt standards in excess of the minimum. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that full reading of Ordinance No. l734 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Member Gard abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Ordinance No. l734 be adopted, an ordinance of the City Council of the City of Redding adding Chapter l8.47 to the Redding Municipal Code, pertaining to "FP" Flood Plain Combining District. Voting was as follows: Ayes: Council Members - Demsher, Pugh, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Gard Ordinance No. l734 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-l3-85, by Mt. Lassen Machinery (L-0l0-230) Council Members Gard and Pugh abstained from voting on this matter. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that full reading of Ordinance No. l736 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes with Council Members Gard and Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Ordinance No. l736 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-l3-85). Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Gard and Pugh Ordinance No. l736 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-8-85, by Ron Thomas (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-8-85, by Ron Thomas. 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 July ll, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July ll, l985. He stated that the Planning Commission has unanimously recommended rezoning of property located at 2697 Victor Avenue from "R-l" Single-Family Residential District to "CO-l5-Bl0-F" Office District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of both the Commission and staff that RZ-8-85 be approved, that the negative declaration be ratified, and an ordi- nance, with site-plan-review criteria, be offered for first reading. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Council make the following findings relative to Rezoning Applica- tion RZ-8-85, by Ron Thomas: 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, ratifies the Negative Declaration approved by the Board of Adminis-trative Review on May 29, l985. The Vote: Unanimous Ayes Council Member Pugh offered Ordinance No. l737 for first reading, 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-8-85). PUBLIC HEARING - re Rezoning Application RZ-l4-85, by City of Redding (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-l4-85, 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 July ll, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July ll, l985. He stated that the Planning Commission recommended rezoning of the Vista Del Sol Subdivision from "U" Unclassified District to "R3-20" and "R3-25" Multiple-Family Residential District. The subdivision consists of 20 multiple-family lots fronting Del Sol Place and Churn Creek Road immediately north of the Enterprise High School. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Commission and staff that the property be zoned as outlined, that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings re Rezoning Applica- tion RZ-l4-85: 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, ratifies the Negative Declaration approved by the Board of Adminis-trative Review on May l5, l985. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. l738 for first reading, 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-l4-85). PUBLIC HEARING - re Planned Development Application PD-l-85, Meadow Wood Estates, Phase IV, by Bob Fisher (L-0l0-2l0-465) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Planned Development Application PD-l-85, Meadow Wood Estates, Phase IV, by Bob Fisher. 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 July ll, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July ll, l985. He stated that the Planning Commission has unanimously recommended rezoning of l0.5 acres located north of Girvan Road at the end of Hemlock Street and west of Olney Creek from "U" Unclassified District to "PD" Planned Development District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration, and the recommended conditions of approval. It is the recommendation of both the Planning Commission and staff that the Planned Development be approved as recommended, that an ordinance be offered for first reading, and that certain findings be made in accordance with the Government Code of the State of California. It is further recommended that the in-lieu park fees be waived for lots backing onto the area dedicated along Olney Creek and that a reduction in the amount of required common open space be granted in accordance with Section l8.36.00 of the Planned Development Ordinance. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings re PD-l-85: 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, ratifies the Negative Declaration approved by the Board of Adminis-trative Review on May l, l985. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Gard that, in accordance with the Government Code of the State of California, the City Council find and declare that, as set forth in Government Code Section 66474, none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans. And, that, in accordance with Section l8.36.050 of the Redding City Code, Council makes the following findings: l. That the number of units and the improvements proposed will not overburden the capacity of drainage channels, utility lines, or streets. 2. That the density and design of the project is compatible with adjoining development. 3. That there are no unmitigated substantial adverse environmental impacts. 4. That the development shall conform with the goals and objectives of the General Plan. 5. That the development accomplishes the objectives of the "PD" District. and, approving the recommendation of the Planning Commission and staff dated July ll, l985. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. l739 for first reading, 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 property in the City of Redding (PD-l-85). PUBLIC HEARING - re Public Hearing re Abandonment Application A-5-85, by Michael Oden (A-0l0-040) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Abandonment Application A-5-85, by Michael Oden. 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 July ll, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July ll, l985. He stated that the Planning Commission has unanimously recommended abandonment of a ten-foot-wide pedestrian easement along the east property line at 960 Springer Drive (Lot l0l of Unit l of the Quail Ridge Subdivision). A map of the area was shown on the Vu Graph. It is the recommendation of the Planning Commission and staff that Council abandon the easement as described, and that a resolution be adopted. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher seconded by Council Member Fulton that Resolution No. 85-l4l be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of an unused ten-foot wide pedestrian easement along the east property line at 960 Springer Drive (A-5-85), and ratifying the negative declaration. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 85-l4l is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Use Permit UP-69-85 L-0l0-390) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re the appeal by Ernie Loveless of Use Permit UP-69-85, Charles Sheffield. 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 July ll, 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 July ll, l985. He stated that the Planning Commission, by a vote of 5 to 2, approved Use Permit UP-69-85 granting permission to construct an ll-unit apartment complex on property located at ll28 Layton Road, in an "RM-9" Multiple-Family Residential District. He advised that since that approval, an adjacent property owner has submitted a letter appealing approval of the project. Mr. Perry explained that the zoning was established in l983 and prior to the Enterprise annexation, the property was zoned "R-4" by the County. He stated that land use surrounding the project is multi-- family except for single-family homes to the north fronting Layton Road. He added that the intervening parcel between the property and Layton Road is developed with a single-family home which is owned by the appellant. Mr. Perry pointed out that the split vote by the Planning Commission focused on the relative importance of the existing zoning and land use in the area versus the limited private easement access to the pro- perty. It is the recommendation of staff that multiple family is an appropri- ate use of the property. Chuck Sheffield, 20l5 Quartz Way, referred to the date of the letter of appeal. He said the appeal was received one day beyond the ten-day appeal period. City Attorney Hays replied that the ten-day appeal period begins on the day following the Planning Commission's decision and, therefore, the appeal is timely filed. Council Member Demsher concurred and stressed that the merits of the appeal are more important. Mr. Sheffield referred to Page 2 of the staff report concerning the easement access to the property. He said he assumed that the easement was created in l94l as indicated in the report; however, their title company has determined that this easement was created March 3, l962. Mr. Sheffield reported that at the time this easement was created, the area was zoned "R-4." He said the easement was created when the area was multi-family to serve multi-family development. Mr. Sheffield contended that from l962 to l976 this area was zoned "R-4," and Mr. Loveless' home was built in l974. He emphasized that Mr. Loveless should accept the responsibility for purchasing the property in a multi-family zone. Mr. Sheffield pointed out that this was a legitimate lot in the County and met the code of the County. He agreed that the lot is not perfect but added that FHA will insure a project with an easement access and lending institutions will give mortgages on a house with easement access. Mr. Sheffield maintained that the Planning Commission felt there was no negative impact on the environment, and, given the surrounding development, that ll units should be allowed on the property. Ernie Loveless, lll2 Layton Road, asked if Council had seen a copy of his letter to the Planning Commission dated June ll, l985. He said his appeal is based on the information contained in that letter. Mr. Loveless complained that Mr. Sheffield is asking Council to ignore a City ordinance on easement access. Mr. Hays explained that prior non-conforming lots that do exist are viable lots and cannot be eliminated. He said the City does not allow the creation of lots with easement access, but legal non-conforming lots are viable lots and are "grandfathered" in from the County. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Gard, Mr. Perry advised that the recommendation for ll units is based on the traffic impact. He said it is also based on the quality of the driveway and the total relationship of the area to single--family next door. Council Members concurred that easement access is not ideal but this situation was created in the County prior to annexation to the City. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the appeal of Use Permit UP-69-85 be denied, and the recom- mendation of the Planning Commission be upheld. Voting was as follows: Ayes: Council Members - Demsher, Gard, Pugh, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None RESOLUTION - Amending Administrative Leave Policy (P-l00-200) Council Member Pugh, member of the Personnel Committee, advised that after many hours of study, the Personnel Committee would like to recommend a change in the administrative leave policy to include positions that require the employee to be available on a standby basis or work extra hours, or act as Department Head Pro Tem. He added that some conditions are proposed to be placed on the use of administrative leave, in order to ensure that it is used properly. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Resolution No. 85-l42 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 84-260 pertain- ing to Administrative Leave for designated management positions of the City of Redding. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l42 is on file in the office of the City Clerk. APPEAL OF DENIAL OF AMENDMENT REQUEST - Amendment Request for Tenta- tive Subdivision Map S-ll-84, Quail Ridge Units 2 - ll (S-l00-607) Council Member Kirkpatrick abstained from voting and discussion on this matter. Planning and Community Development Director Perry advised that he has been advised by letter that Jack Baker, applicant, would be unable to attend this evenings meeting due to unforeseen eye surgery and asked that the matter be continued to August 5, l985. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the appeal of denial of amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge Units 2 - ll, be continued to August 5, l985. The Vote: Unanimous Ayes with Council Member Kirkpatrick abstaining RESOLUTIONS COMMENCING ANNEXATION PROCEEDINGS AND APPROVING EXCHANGE OF PROPERTY TAXES FOR ANNEXATION REQUEST NO. 85-4 - Rancho Road (A-l50-l72) MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Resolution No. 85-l43 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexa- tion proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 85-4 (Rancho Road Area). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l43 is on file in the office of the City Clerk. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Resolution No. 84-l44 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 85-4 to the City of Redding (Rancho Road Area). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-l44 is on file in the office of the City Clerk. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Council make the following findings re Annexation No. 85-4 (Rancho Road): 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, ratifies the Negative Declaration approved by the Board of Adminis-trative Review on July 3, l985. The Vote: Unanimous Ayes EXPANSION OF ANNEXATION NO. 85-8 - Wilshire Drive (A-l50-l76) Planning and Community Development Director Perry reviewed his memo- randum to Council dated July ll, l985. He stated that a request was submitted to commence annexation proceedings for a parcel consisting of 8.03 acres owned by Gene Rother. This property is a portion of an existing County island within the City limits. Mr. Perry advised that the property is classified as "Residential, 6.0 units per acre," "Retail" and "Office." Mr. Perry reported that annexation of this parcel alone would create two smaller islands where one currently exists today. He explained that LAFCO legal counsel has determined that this annexation as proposed does not comply with State law and that additional property would need to be included in order for it to be considered. Also, Council has previously determined that there was no point in commenc- ing annexation proceedings at this time. Since then, Mr. Perry explained that Mr. Rother has explored other possible alternatives to accomplish annexation and to meet his imme- diate need of water service. Council Member Gard felt it would be foolish to expend any further staff time on this annexation request. She felt that if Mr. Rother is interested in getting the property owners along Lowden Lane to join in the annexation request, he should do that himself. Council Member Demsher concurred that Mr. Rother should decide if he wishes to pursue expanding the annexation and determine the level of interest. He said the City has expended an inordinate amount of time working on annexation of this area in the past. He felt that if this area is annexed, it should be done in one package. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the expansion of Annexation Request No. 85-5, Wilshire Drive, be denied. The Vote: Unanimous Ayes RESOLUTION - School Overcrowding at Shasta Union High School District (L-0l0-l70) Council Members Demsher and Gard abstained from voting on this matter. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick that Resolution No. 85-l45 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Shasta Union High School District, as follows: l. Dwelling units with three or more bedrooms $369.94 per unit 2. Dwelling units with two bedrooms $l84.97 per unit 3. Dwelling units with one bedroom or studio $ 92.49 per unit Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Pugh Absent: Council Members - None Abstain: Council Members - Demsher and Gard Resolution No. 85-l45 is on file in the office of the City Clerk. DECISION RE GENERAL PLAN AMENDMENT APPLICATION GPA-5-85 - by Jim Graves (L-0l0-0l0) Planning and Community Development Director Perry reviewed his memo- randum to Council dated July l2, l985, which is incorporated herein by reference. It is the recommendation of staff that the General Plan be amended as recommended by the Planning Commission, that staff be directed to prepare a resolution for consideration in August. Mr. Perry advised that Harley Eakins' son has concurred with the "Highway Commercial" designation. Council Member Fulton expressed concern that the requested "Commercial Service" designation is being recommended for denial. He felt that there is potential business which could locate there today, to provide potential employment to the community. He disagreed with the recom- mendation that is based on what will happen in 20 years. Mr. Perry pointed out that there are areas already designated and zoned as "Highway Commercial" for this type of use. He noted that they do have a higher property value. MOTION: Made by Council Member Demsher, seconded by Council Member Kirkpatrick that General Plan Amendment Application GPA-5-85, by Jim Graves, be approved as recommended by the Planning Commission; and, that EIR-4-79, with the traffic-analysis addendum, adequately ad- dresses the environmental impacts of the amendment. Voting was as follows: Ayes: Council Members - Demsher and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Gard and Pugh HOUSING ASSISTANCE PLAN AMENDMENT (G-l00-030-200) Council Member Gard pointed out some corrections that needed to be made in the narrative of the Plan Amendment. MOTION: Made by Council Member Gard, seconded by Council Member Pugh that the Housing Assistance Plan Amendment, with the noted correc- tions, be approved, which increases the number of elderly housing units from 60 to ll5. The Vote: Unanimous Ayes REQUEST TO SELL BEER - Chamber of Commerce (P-050-600-200) Recreation and Parks Director Riley advised that, following Council's referral of this request back to the Recreation and Parks Commission, the Commission members were polled by telephone and made a recommenda- tion to deny the sale of beer during the Chamber/Media Annual Softball game at the Redding Softball Park on August 4, l985. It was found that this organization is listed under the nonprofit corporations of the Federal and State level, IRS Code Section 50lC6. MOTION: Made by Council Member Gard that the request of the Chamber of Commerce to sell beer at the Redding Softball Park on August 4, l985, be denied. This motion died for lack of a second. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the request of the Chamber of Commerce to sell beer at the Redding Softball Park on August 4, l985, be approved. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None NOTICE OF COMPLETION - Upper Churn Creek Sewer Assessment District (B-020-050 and A-l70-l00-850) MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Bid Schedule No. l408 (Job No. 7924), Upper Churn Creek Sewer Assessment District No. l980-7, be accepted as satisfactorily completed in the amount of $l,626,756.59, and that the City Clerk be authorized to file a Notice of Completion. SUMMONS AND COMPLAINT (C-090-l00) City Attorney Hays advised that the following Summons and Complaint has been received by the City: Peter P. Bollinger Investment Company vs. City of Redding ROUTINE REPORTS AND COMMUNICATIONS Public Utilities Commission: (S-050-350) Notice of Amendment to Application of Pacific Bell for General Rate Increase Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity Alcoholic Beverage License Applications: (A-ll0-l40) Mansoor Aly Gowani 5l50 Churn Creek Road Holiday Inn (Sturgell Hotels, Inc.) l900 Hilltop Drive Stevens (Paula L. Harper) 6l0 N. Market Street CLOSSED SESSION (C-090-l00 and A-l50-ll4) City Attorney requested a closed session to discuss pending litiga- tion. At the hour of 8:50 P.M., Council adjourned to closed session. At the hour of 9:02 P.M., Council reconvened to regular session. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Council authorize the City Attorney to initiate litiga- tion to acquire the electrical facilities in the Westwood Manor annexation. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 9:05 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: __________________________________ City Clerk