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HomeMy WebLinkAboutMinutes - City Council - 1983-04-18t r, Q < 109 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California . April 18, 1983 7:00 P.M. III The Pledge of Allegiance to the Flag was led by City Attorney Hays. 1 The invocation was offered by Elder Charles Mellor of the Seventh Day Adventist Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Kirkpatrick, Pugh, and Gard. Also present were City Manager Courtney, City Attorney Hays, Public Works ' Director Arness, Planning Director Perry, Electrical . Engineering Manager 7 Ryan, Superintendent of Public Works Galusha, Parks and Recreation Director Riley, Housing and Redevelopment Director Henson , Associate Civil Engineers Hastings and Aasen, Finance Director Downing, Airports Manager Woodrum, Senior Assistant Housing Counselor Maurer, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. ; CONSENT CALENDAR The following matters were considered inclusively under the Consent Calen- dar: J I { J Approval of Minutes - Regular Meeting of April 4, 1983 i 7 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 20, check nos. 90364 through 90595III inclusive, in the amount of $787,010.06, be approved and paid, and Payroll Register No. 21 , check nos. 173763 through 174345 inclusive, in the amount of $432,095.04, for the period March 27, 1983, through April 9, 1983 , be approved. Total : $1 ,2.19,105. 10 1 1 Treasurer's Report - February 28, 1983 Total Treasurer's Accountability $13,873,847.52 Claims for Damage and Personal Injury - 1st Hearing Alice Elizabeth Gerard - Application to File Late Claim for Personal /.;•a 11 Injury filed 4/8/83 Insurance Committee recommends denial 1 1 Michael Dennis Cassells - Claim for Personal Injury filed 4/4/83 a Insurance Committee recommends referral to Insurance carrier and set / 2 ,2 1 j for second hearing on May 16, 1983 1 John Parson - Claim for Personal Injury filed 4/7/83 ' Insurance Committee recommends denial and referral to Insurance /) Carrier i Gary Wayne Sharrah - Claim for Personal Injury filed 3/29/83 j Insurance Committee recommends denial and referral to Insurance /A d j, Carrier i III Fred Williams - Claim for Damages filed 3/29/83 �> i Insurance Committee recommends denial A Edward Tatom & James Quesenberry - Claim for Damages filed 4/5/83 Insurance Committee recommends denial / ...3 i Richard L. Anderson - Claim for Damages filed 4/4/83 1 Insurance Committee recommends denial /a1.3 i I i i 1 4/18/83 • r. 110 Thomas Edwards - Claim for Damages filed 4/6/83 Insurance Committee recommends referral to Insurance Carrier and set for second hearing May 16, 1983 E Resolution - re Purchase of Eight Police Vehicles City Manager recommends that Resolution No. 83-69 be adopted, a resolution of the City Council of the City of Redding authorizing the III Department of General Services of the State of California to purchase a (-86' eight (8) 1983 police type vehicles for the City of Redding. 1. Resolution - re CATV Legislation Planning Director recommends that Resolution No. 83-70 be adopted, a resolution of the City Council of the City of Redding expressing its 1/ opposition to Senate Bill 66, Television Cable Deregulation Bill . Set Public Hearing - Development Agreement for Sunshine Homes Subdivi- t sion P Planning Director recommends that a public hearing be set for 7:30 r 1p4 ,, P.M. , May 2, 1983, to consider a development agreement between �cbd Marshall Worley, developer of Sunshine Homes Subdivision, and the City 1 of Redding. Set Public Hearing - re Adult Entertainment Activities PlanningDirector recommends that ahearing public be set for 7:30 P.M. , May 2 , 1983, to consider amendment to the Municipal Code per- taining to findings, the extent of discretionary review, and sign E c(32 control for adult uses. Resolution - re Lot Line Adjustment LS-14-83, by James Bustabade Planning Director recommends that Resolution No. 83-71 be adopted, a resolution of the City Council of the City of Redding waiving the r OA requirement of a parcel map for Lot Split Application No. LS-14-83. III t Resolution - re Removal of Parking Lot No. 6 from Traffic Control Map r Public Works Director recommends that Resolution No. 83-72 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by modifying Parking Lot No. 6 by the removal of i 1D the ten-hour parking meters and thereby providing free parking. Resolution - re Federal Emergency Management Agency Disaster Incidence Public Works Director recommends that Resolution No. 83-73 be adopted, E a resolution of the City Council of the City of Redding establishing J 5 / an agent authorized to obtain Federal financial assistance under the Disaster Relief Act or otherwise available from the President's Disaster Relief Fund. t Lease Agreement - Arcata Flying Service, Inc. dba AFS Airlines City Attorney and Airports Manager recommend approval of an airport jii) lease agreement with Arcata Flying Service, Inc. , dba AFS Airlines. all Sublease - KVIP Radio for Police Radio Transmitting Equipment i City Attorney recommends approval of a sublease with the Northern 1 California Communications Corporation, for a two-year period ending March, 1985, to allow the City to locate a police radio transmitter on v D South Fork Mountain, in facilities operated by the Northern California [- Communications Corporation. IIIAgreement - People of Progress Community Garden Lease t City Attorney recommends approval of a one year lease agreement with f the People of Progress for the use of a portion of City-owned property F (214 next to the Sacramento River for a community garden. t k 4/18/83 111 1 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, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 83-69, 83-70, 83-71 , 83-72, and 83-73 , are on file in the office of the City Clerk. CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Councilman Pugh abstained from voting on this matter. /)-3 Richard J. Paulson - Claim for Damages filed 3/30/83 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Claim for Damages filed by Richard J. Paulson on 3/30/83 , be denied and referred to the City Insurance Carrier. The Vote: Unanimous Ayes with Councilman Pugh abstaining 1 WRITTEN COMMUNICATIONS Communication from E. J. Brown - re National Day of Prayer A letter was received from E. J. Brown, Associate Pastor of Bethel Church, asking that the City Council declare a Day of Prayer in conjunction with President Reagan's formally proclaimed National Day /',5-1-/ of Prayer, May 5 , 1983. Also submitted was a proclamation for ap- proval by the Council and a petition containing 508 signatures in favor of the proclamation. A A Councilman Pugh stated that he believes this request falls within the policy set forth by the City Council that it will take formal action only on issues which strictly affect the City of Redding. However, he emphasized that this is a very important task to be undertaken by the community and he strongly urged the community to take part in this activity. Councilman Pugh said he is personally in favor of this and hopes it will help the world situation. ti Mayor Gard concurred that while individual Council Members may support these activities, it is very important to point out that this is a long-standing policy of the Council which applies to all such re- quests. She stressed that this does not represent a lack of support on the part of individual Council Members, and felt there would be no problem with the group gathering on the front lawn of City Hall at noon on May 5, 1983, for a time of prayer. 1 Petition - re Installation of Street Light in Waverly Manor A petition was submitted signed by property owners and residents of 1 the Waverly Manor Subdivision requesting the installation of a street light at the intersection of Eastside Road and Waverly Manor Avenue. 1/6 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the above petition be referred to the Electric Director. The Vote: Unanimous Ayes Petition - re Walkway Easement on North End of Robert Court 111 A petition was submitted from residents of Robert Court requesting 7 ; consideration of abandoning the walkway easement on the north end of i Robert Court. i 4/18/83 112 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the above petition be referred to the Planning Director. The Vote: Unanimous Ayes Petition - Opposing Federal Plan for Nuclear Crisis Relocation Sites A petition was submitted from the Alliance for Social Responsibility stating their opposition to the Federal plan which designates Shasta County as a crisis relocation site to be utilized in event of nuclear war. They ask that Council adopt a resolution stating its opposition 13 to the civil defense evacuation plan, and prepare an informational booklet for the citizens of Redding explaining the resolution and why it has been adopted. Comments were also submitted by the City' s Emergency Services Coordi- nator, Hank Woodrum, along with material which represents the opposite viewpoint from people who are in favor of such crisis relocation planning. Councilman Demsher felt the same council policy would apply in this matter as with the National Day of Prayer. He does believe, however, that this is an area which Council needs to keep up with and watch very closely since this is an issue which could affect the City at some future time. Mr. Demsher said there is a plethora of information on both sides of this subject and it is doubtful that the City would want to take a position on the issue. He encouraged Mr. Woodrum to keep the Council and staff informed on this subject as best he can since some day it could be something that would affect the City. r Mayor Gard emphasized that it is extremely important that disaster E planning be in place and that the City knows what it is going to do. She concurred with the Emergency Services Coordinator's memo which suggests that the City Council undertake a more active position with respect to Emergency Services or Civil Defense, by developing more complete plans to protect our resources from all threats. Petition - re Formation of Assessment District for Street Improvements on Greenback Lane A petition was submitted by property owners fronting on Greenback Lane, requesting the initiation of assessment district proceedings for street improvements. (/2/ MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the above petition be referred to the Public Works Director. The Vote: Unanimous Ayes Communication from Sheila Hurst - re Downtown Parking Councilman Pugh abstained from voting and discussion on this matter. A letter was received from Sheila Hurst, Manager of Redding Property Services, stating her concerns about parking problems in the downtown area. She questioned the 9-6 restrictions on Saturday when most government services, banking institutions, and related offices are closed. She felt there would be sufficient parking without the time limit imposed on Saturdays. Mrs. Hurst also questioned the need to enforce parking limits from five to six P.M. since many stores and businesses are closed at this time. Councilman Demsher said that Mrs. Hurst has some good points and suggested that the matter be referred to the Traffic and Parking Commission. 4/18/83 . -- Y r _ _ _ _ .-----. r v _ _ . . _ _ ..y. ' +' P A 113 i i i e c 1 Councilman Kirkpatrick stated he has had some discussions with Mrs. Hurst and concurs with Mr. Demsher that she has some valid concerns. 1 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the request from Sheila Hurst regarding parking i III problems in the downtown area be referred to the Traffic and Parking i Commission. The Vote: Unanimous Ayes with Councilman Pugh abstaining National League of Cities - Appointment of Mayor Gard to Community and i Economic Development Policy Committee 1 A letter was received from the National League of Cities announcing i its appointment of Mayor Gard to the Economic Development Policy Committee. The letter indicated that Mayor Gard would be expected to attend a meeting of the Committee at NLC' s Congress of Cities in New ,;2/26) j Orleans, Louisiana on November 27, 1983. 1 Mayor Gard stated that if it is agreeable with Council that she accept this appointment, she would also need authorization to attend the meeting in New Orleans as well as two other meetings. 7 Councilman Kirkpatrick said he certainly feels it is an honor that Mayor Gard has been selected to serve on this committee and whole- I heartedly supports the appointment. d MOTION: Made by Councilman Demsher, seconded by Councilman Fulton 1 approving Mayor Gard' s appointment to the Economic Development Policy A Committee of the National League of Cities, and authorizing her 1 attendance at the necessary committee meetings. The Vote: Unanimous Ayes with Mayor Gard abstaining III Petition - re Waiver re Victor Avenue Bridge Assessment District Councilman Pugh abstained from voting and discussion on this matter. 1 Public Works Director Arness submitted a petition from three property /�3 owners who propose to design and build a bridge on Victor Avenue at the Churn Creek crossing. He advised that they are proposing acquisi- tion of the bridge by assessment district after construction is I completed. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher accepting the petition and waiver for assessment district i proceedings to acquire the Victor Avenue Bridge following its com- pletion. The Vote: Unanimous Ayes with Councilman Pugh abstaining VICTOR AVENUE AND OTHER STREETS SEWER ASSESSMENT DISTRICT NO. 1982-5 Associate Civil Engineer Hastings advised that two additional parcels of 4 land have been included in this assessment district which results in turther reduction of assessments across the board. He noted that this is / the reason for the Second Amended Engineer' s Report. (2O City Manager Courtney reported that he spoke with Special Bond Counsel 1 Sperry' s office today regarding the bond bids for the project. He said he has been advised that the bonds have been sold to M.L. Stern & Co. and the , spread was very favorable. . - illThe following documents were submitted for filing and adoption: Petition and Waiver - Assessment Numbers 28 and 29 i Second Amended Engineer's Report 1 i 1 4/18/83 114 Resolution - Changing Proceedings MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 83-74 be adopted, a resolution of the City Council of the City of Redding changing proceedings in Victor Avenue and Other Streets a Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-74 is on file in the office of the City Clerk. Paid and Unpaid List Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 83-75 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-75 is on file in the office of the City Clerk. Resolution - Ordering Sale of Bonds MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 83-76 be adopted, a resolution of the City Council of the City of Redding ordering sale of bonds in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-76 is on file in the office of the City Clerk. Resolution - Appointing Paying Agent MOTION: Made byCouncilman Kirkpatrick, seconded by Councilman Pugh that My Resolution No. 83-77 be adopted, a resolution of the City Council of the City of Redding appointing paying agent in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-77 is on file in the office of the City Clerk. Negative Declaration MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Council makes the following findings re Victor Avenue and Other Streets Sewer Assessment District No. 1982-5: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administra- tive Review on November 10, 1982. The Vote: Unanimous Ayes 4/18/83 . _-_-. T _v -,r - - - .r Y_ S i 115 J S it jC 7 Resolution - Awarding Contract 11 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 83-78 be adopted, a resolution of the City Council of the City of Redding awarding contract in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. < 111 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None j Resolution No. 83-78 is on file in the office of the City Clerk. : Notice of Award of Contract APPOINTMENTS - Civic Arts Commission Mayor Gard submitted her recommendation that Jeff Bridges, Anne Peterson, and Marsha Wainio be appointed to serve on the Civic Arts Commission for 4 four-year terms ending May 1 , 1987. j S Councilman Fulton noted that he had not seen a complete resume on Jeff (P/ I Bridges and would like to hold Mr. Bridges' appointment over until he could review the resume. I MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving I the appointment of Anne Peterson and Marsha Wainio to the Civic Arts 1 Commission for four-year terms ending May 1 , 1987. The Vote: Unanimous 1 Ayes with Councilman Kirkpatrick abstaining The City Clerk was instructed to supply Councilman Fulton with a complete copy of the resume for Mr. Jeff Bridges so that his appointment could be considered at the next Council meeting. i III ORDINANCE - re Landmark and Heritage Trees MOTION: Made by Council Member Pugh, seconded by Council Member Demsher, that the full reading of Ordinance No. 1634 be waived and the City Attorney JJ be instructed to scan same. The Vote: Unanimous Ayes 11u MOTION: Made by Council Member Pugh , seconded by Council Member 1 Kirkpatrick that Ordinance No. 1634 be adopted, an ordinance of the City 1 Council of the City of Redding amending Chapter 13.40 of the Redding Municipal Code, pertaining to Landmark and Heritage Trees. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1634 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-3-83 MOTION: Made by Council Member Pugh, seconded by Council Member Demsher, that the full reading of Ordinance No. 1635 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes 1,/Y4 MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Ordinance No. 1635 be adopted, an ordinance of the City Council of the 11 City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-3-83). Voting was as follows: 1 Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None 4 4/18/83 116 Ordinance No. 1635 is on file in the office of the City Clerk. MAYOR GARD - Report on League of California Cities Meeting Mayor Gard reported on her recent Community Development Policy Committee, League of California Cities meeting in Los Angeles. She advised that a Housing Conference is being organized and set up in Sacramento. She stated that the Californians for Housing and the League of Women's Voters have to been asked to bring together all types of housing advocates to try to point 111 out common goals and resolve some problems regarding housing. Mayor Gard asked Council to alert anyone they know who may be interested in such a conference and extend an invitation to attend. In regard to redevelopment legislation, Mayor Gard advised that the new State Housing Policy will be in draft form in about six weeks and asked that Council Members review it when it becomes available. She said the Committee hopes to develop a "How to do it" manual for housing advocates. PROPOSED ZONING CHANGES - Redding Municipal Airport Planning and Community Development Director Perry submitted a draft letter to the Board of Supervisors regarding the Board's contemplation of amending the Airport Area Specific Plan to reclassify land located north of Rancho Road and east of Airport Road from "Industrial" to "Commercial Service" in order to permit retail uses in this area. He recommended that Council authorize the Mayor to sign the letter on behalf of the Council stating the City's opposition to this change. Mr. Perry further stated that the County Planning staff has recommended denial of this change and the County Planning Commission has also recom- mended denial of the plan. Councilman Kirkpatrick was in favor of sending the letter of opposition to the Board of Supervisors. He stated that the area is appropriate for industrial uses, and we have the opportunity to properly plan the area before development occurs. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher authorizing the Mayor to sign the letter on behalf of the full Council , to the Board of Supervisors expressing the City Council 's opposition to changing the Airport Area Specific Plan. The Vote: Unanimous Ayes PUBLIC HEARING - re Proposed and Objectives and Projected Use of Funds for the 1983 CDBG Entitlement Grant and the 1982-85 Housing Assistance Plan The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re proposed goals and objectives and projected use of funds for the 1983 CDBG Entitlement Grant and the 1982-85 Housing Assistance Plan. The following documents are on file in the office of the City Clerk: 5(; Affidavit of Publication - Notice of Public Hearing The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Housing and Redevelopment Administrator Henson advised that the City of Redding will be entitled to $485,000 of Community Development Funds for 1983-84. He said these funds are to be used in community develop- ment programs and programs to benefit low and moderate income people to the greatest extent possible. Mr. Henson submitted reports sum- marizing the programs recommended for funding. He advised that $300,000 is proposed for housing rehabilitation, $123,000 for project 4/18/83 117 i a 4 A 1 activities , and $62,000 for general administration. He noted that the Community Development Advisory Committee has recommended that $75,000 J of the project activity funds be set aside for the Women's Refuge Center to help fund the acquisition and rehabilitation of a facility. 4 It is hoped that this will provide an incentive for the Center to I secure the remainder of the money from within the community to com- plete their project. He said this money would be set aside for a period of six months and if it is not used within that time, an alternate project will be funded. Mr. Henson recommended that the 1 Parkview Ditch Storm Drain be an alternate project. In regard to the Housing Assistance Plan, Mr. Henson advised that a 1 three year program is being submitted, including 370 units. He said c these goals are realistic and recognize programs the City has to work with. 1 It is the recommendation the Community Development Citizens Advisory Committee and staff that Council approve the Proposed Goals and Objectives and Projected Use of Funds for the 1983 CDBG Entitlement Grant as the Final Statement of Goals and Objectives and Projected Use of Funds. It is further recommended that Council adopt a resolution 1 authorizing the City Manager to file the 1983 CDBG Entitlement Final Statement for $485 ,000 with the Department of Housing and Urban Development and to adopt the 1982 - 1985 Housing Assistance Plan. I MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that 7 the public hearing be closed. The Vote: Unanimous Ayes 41 Councilman Demsher asked that Council be kept aware of the status of the Women' s Refuge funds. 1 III MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of the Community Development Citizens i Advisory Committee and staff as hereinabove stated. The Vote: ) Unanimous Ayes 1 Resolution i MOTION: Made by Councilman Demsher, seconded by Councilman Fulton j that Resolution No. 83-79 be adopted, a resolution of the City Council of the City of Redding approving the 1982-1985 Housing Assistance Plan and authorizing the City Manager to file a final Statement of Goals i and Objectives and projected use of funds for $485 ,000 with the Department of Housing and Urban Development. Voting was as follows: , Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard ; Noes: Council Members - None Absent: Council Members - None Resolution No. 83-79 is on file in the office of the City Clerk. Councilman Demsher emphasized that the Community Development Advisory Committee and staff have done an outstanding job with this program and he has very positive feelings about the work they do. IIIMayor Gard concurred. 1 ill PUBLIC HEARING - re Rezoning Application PD-7-82, by William Huggitt The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public /VV I hearing re Rezoning Application PD-7-82 , by William Huggitt. d 1 s c I 1 1 1 a 4/18/83 118 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 April 14, 1983 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated April 14, 1983. He stated that the Planning Commission has unanimously recommended approval of PD-7-82, a proposal to create 129 residential lots on 65 acres generally located west of Sulphur Creek and north of Quartz Hill Road. A map of the area was shown on the Vu Graph. It is the recommendation of the Planning Commission and staff that the rezoning be approved as recommended, that EIR-5-79 be recertified for PD-7-82, and that an ordinance be offered for first reading. It is further recommended that Council make certain findings as set forth in Government Code Section 66474, and in accordance with the Redding City Code. Mr. Perry noted that the applicant is proposing joint use and mainte- nance of the 4.5 acre park in the approved subdivision across the Creek. He said that because of the amount of open-space dedication recreational facilities provided, the applicant has requested the deletion of the requirement to pay in-lieu park fees. Mr. Perry recommended that due to current litigation involving the adjoining subdivision, where the private park is located, any consideration of waiver of park fees be deferred until that litigation has been re- solved. In response to an inquiry from Councilman Pugh, Mr. Perry advised that the adjoining subdivision has only an approved tentative map. Mr. Pugh said he is concerned about providing for the RV parking in the adjoining subdivision if the adjoining property is sold, since the developer of this Planned Development is proposing a joint use of this area. the City Attorney advised that it would be very difficult to require a new owner to provide the same RV parking area. Mr. Perry stated that under the Planned Development process, the applicant has to submit a set of final plans to the Board of Administrative Review before it can be approved. He said they would have to provide for RV parking somewhere on the property and he did not feel there would be a prob- E lem. Mayor Gard said her main concern is for RV parking and she asked how it could be guaranteed. Mr. Perry advised that the City has to approve the final plans and the CC&R's for the development. E Henry Moore, 1025 Henry Moore Lane, was concerned about the street situation and spacing between homes. He felt that these conditions could be granted by the variance procedure under the existing zoning and that it was an over-kill to change the zoning. Mr. Moore said he does not object to residential development on the property but is concerned about the possibility of multiple family units. Mr. Perry explained that the P.D. zone is a form of housing that is owner occupied, one owner per lot, and may not be rental property. M s s ic 4/18/83 T a n ? — - __. 119 a Gerald Haughton, 1010 Ona Lane, agreed with Mr. Moore. He noted that a single family units could be condominiums and felt that the zoning a should allow only conventional single family homes. Other than that, 1 Mr. Haughton had no objection to the project. i Mr. Perry emphasized that the project is not a condominium project. 1 IIIHe added that owners would own the ground beneath each unit. Councilman Pugh asked about the zero-lot lines. Mr. Perry advised 4 that the major amount of grading required for the project would be for public street construction. He added that the amount of grading, cuts and fills, has been reduced considerably by allowing some common-wall i structures with zero lot lines. William Huggitt, developer for the project, stated it is his intention A to develop single family residences of a custom nature. He said they 1 only asked for zero lot lines in the event that two adjacent owners wish to build this type of home. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes a Mayor Gard noted that this is an area where the City is very concerned about topography and this seems to be a fairly good solution. i Councilman Pugh concurred and felt this project is a means of reducing ) cuts and fills and it would be beneficial to the City to approve the the project. , III MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that EIR-5-79 be recertified for PD-7-82, by William Huggitt. The j Vote: Unanimous Ayes 3 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that in accordance with the Government Code of the State of California, the City Council finds and declares that, as set forth in 1 Government Code Section 66474, none of the conditions as listed in (a) 1 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. Also, in accordance with Section 18.36.050 of the Redding City Code, Council makes the following findings: 1 . 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 3 impacts. J J 4. That the development shall conform with the goals and objectives IIIof the General Plan. 5. That the development accomplishes the objectives of the "PD" ., District. 1 The Vote: Unanimous Ayes i 1 I z 1 4 I 1 - 4/18/83 1 - - - — - ___ .. .- - -•- �. --- . _ i 120 Councilman Pugh offered Ordinance No. 1636 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-7-82) . PUBLIC HEARING - re Rezoning Application RZ-4-83 The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-4-83, 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 April 14, 1983 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 April 14, 1983, which is hereby made a part of these records by reference. He stated that the Planning Commission has recommended the rezoning of property located north of Mistletoe Lane, south of State Highway 44, east of Canby Road, and west of and including the properties on the east side of Shady Lane. It is the recommendation of the Planning Commission and staff that the zoning for the area be approved as depicted on the map entitled "Proposed Zoning" , that the negative declaration be ratified and that an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that Council makes the following findings re Rezoning Application RZ-4-83, by City of Redding: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administrative Review on March 2, 1983. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1637 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-4-83) . PUBLIC HEARING - re Rezoning Application RZ-5-83, by Brent Owen Councilman Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-5-83. r %J%/j The following documents are on file in the office of the City Clerk: `f I Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing 4/18/83 121 a 4 Planning Commission recommendation dated April 14, 1983 i 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 April 14, 1983, which is incorporated herein by reference. He stated that the Planning Commission recommended modification of one of the site-plan-review criteria affecting prop- ; erties located at 229 and 317 Lake Boulevard, in a "C-1-F" Neighbor- hood Commercial District. A map of the area was shown on the Vu Graph. Mr. Perry advised that the land was approved for subdivision in June, 1979, subject to 16 conditions. Condition No. 13 required dedication I of access rights to Lake Boulevard, except in two locations , as shown 1 on the tentative map. He stated that in October, 1980, the property was zoned "C-1-F" . Condition No. 2 of the site-plan review criteria a required waiver of access to Lake Boulevard. It is the recommendation of the Planning Commission and staff that 1 , Condition No. 2 of the site-plan review criteria be amended to read as follows: j. "City reserves the right to establish medians in Lake Boulevard ; when it determines traffic conditions warrant such installation." It is further recommended that the negative declaration be ratified and an ordinance be offered for first reading. III MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton amending Condition No. 2 of the site-plan review criteria as herein- above stated re Rezoning Application RZ-5-83, by Brent Owen. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council makes the following findings re Rezoning Applica- tion RZ-5-83: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administrative Review on March 16, 1983. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilman Fulton offered Ordinance No. 1638 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of 1 certain real property in the City of Redding (RZ-5-83) . i SPHERE OF INFLUENCE PROPOSALS BY LAFCO III Planning and Community Development Director Perry reviewed his memorandum to Council dated April 14, 1983, which is incorporated herein by reference. /( c�� '. He submitted a revised sphere-of-influence proposal for the City of Redding // by the staff of the Local Agency Formation Commission. He noted that a 4 public hearing has been scheduled by LAFCO to consider a sphere of influ- 1 ence for the City of Redding, Anderson, and Shasta County Fire Protection District No. 1 . J 1 1 i 4/18/83 122 Mr. Perry explained that as compared to the proposals submitted to LAFCO by the City, the current LAFCO proposal is a 40 percent reduction of the previous City proposals. He said the principal basis for the LAFCO staff proposal is the Land Use Element of the Draft County General Plan and no reference is made to City Planning efforts except to support the LAFCO staff proposal . IIIIt is suggested that staff be directed to seek adoption of the sphere of influence submitted by the City Council and that the proposal by LAFCO be referred to the Redding Planning Commission for comment. Mayor Gard stressed that LAFCO's decision on the sphere of influence is one of the most important decisions made regarding the City of Redding for the next 50 years. She said this determines the future size of the City of Redding and it is an extremely important decision. Ms. Gard advised that she did attend the LAFCO meeting and briefly reviewed the LAFCO proposals for the Cities of Redding and Anderson. Mr. Perry pointed out that public input at the public hearing will be very important. Councilman Pugh emphasized that the proposal is a "no growth" proposal for the County which creates urban development without adequate infrastructure to provide services. He said it is not economically feasible to continue to allow high density development outside the City without providing a means to service them. Mr. Pugh pointed out that with the way the County property tax rolls are set up, there is no way special districts can become a city and provide the needed services. He added that special districts can sometimes create real problems for the residents. He again emphasized that people need services and they must be planned for, and LAFCO needs to be aware of this. Mayor Gard pointed out that the City spent months of study at the Planning Commission and City Council levels, and took a great deal of time to make a good determination of what the City felt should be the ultimate boundary of the City of Redding and what it could serve. She emphasized that if this plan is adopted the City must accept a "no growth" policy for the City of Redding which will affect sewer issues , annexation policies, and service to areas outside the wastewater facility. Councilman Kirkpatrick stated that Enterprise looked into becoming a city before annexation to the City of Redding, and even prior to Proposition 13, it was not economically feasible to do so. If it had not been annexed to the City, he noted, it would have been very difficult to provide urban services. Councilman Demsher commented that it would have been much better econom- F ically and in other ways if Enterprise had been planned for urban develop- ment 30 years ago. He added that if the same opportunity had been avail- i able then as it is now to do the urban planning that is necessary and to extend the sphere of influence out to a logical area so that kind of planning can be done before you have to go back and provide the infrastructure that is necessary such as in Enterprise and south Redding. It is obvious that people are going to move here and as a practical matter, a "no growth" policy will not change that. For the City to be placed in a situation where it must accept the results of poor planning is possibly the most irresponsible thing anybody can do. LAFCO is the beginning of that series of irresponsible acts for which future generations will have to pay dearly. He expressed the hope that people will look at this very carefully and attend the hearings. 4/18/83 123 Mayor Gard said it may catch people by surprise when some county residents who have looked forward to being a part of the City of Redding, realize that they will be forever on the outside. A MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher i authorizing staff to seek adoption of the sphere of influence submitted by ' Illthe City Council and that the proposal by LAFCO be referred to the Redding Planning Commission for comment. The Vote: Unanimous Ayes RESOLUTION - re GPA-5-81 and GPA-1-83 { Mayor Gard and Councilman Pugh abstained from voting on this matter and Mayor Pro-Tem Demsher presided. i Planning and Community Development Director Perry submitted for consid- — 1 eration a resolution to implement amendments to the Redding General Plan 45 which were previously approved by Council for GPA-5-81 by Brent Owen and , the City of Redding and GPA-1-83, by W. Jaxon Baker and the City of Red- ding. f MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that i Resolution No. 83-80 be adopted, a resolution of the City Council of the 1 City of Redding amending the General Plan of the City of Redding by adopt- i ing General Plan Amendments GPA-5-81 and GPA-1-83. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh and Gard Resolution No. 83-80 is on file in the office of the City Clerk. III REGIONAL SEWAGE STUDY - Central Shasta County Area Public Works Director Arness presented the final report of the Regional Sewage Study of the Central Shasta County Area as prepared by Ott Water ' Engineers. He noted that the study was authorized by the County of Shasta, the Shasta Dam Area Public Utility District, and the City of Redding in .-.7.5 -3 ( p/9 1982. Mr. Arness introduced Associate Civil Engineer Jerry Aasen who was the coordinator from the City of Redding on this report. Gene Crook, Project Engineer for Ott Water Engineers , thanked Council for the opportunity to present this report. He said he worked very closely with the City' s very capable staff throughout entire preparation of the report. Mr. Crook pointed out that the views of the staffs from the three participating agencies are incorporated in the report. Harold Welbourn of Ott Water Engineers reviewed the plan and pointed out the four alternatives as recommended by the Committee as follows: Two major treatment plants, one at Clear Creek and one at Stillwater; the two major plants plus one remaining in the Shasta Dam Area P.U.D. ; the two major plants plus one at the base of Churn Creek; and the two major plants plus one in the Sunnyhill Lane area. Ted Ricci of Bartel Wells Associates , reported that their area of respon- sibility includes analysis of financing methods for the alternatives. They recommend that the City of Redding act as lead agency during the implemen- ,i tation process. He said the plan recommends the use of unitorm connection charges, service charges and operation and maintenance charges to finance the various alternatives. In the later stages , a separate joint powers agency is suggested. 4 1 S 1 i i 1 t 1 i 4/18/83 124 F Mayor Gard asked about the City of Anderson' s involvement since LAFCO' s proposed change of the sphere of influence extends Anderson's boundary across the River. k Mr. Ricci advised that adding the City of Anderson as a fourth member of a joint powers agency would change the bonding program. Councilman Pugh noted that until Anderson annexes that territory they have no authority to collect sewer charges in that area. He stated that this is a study stating the logical sequence of how to proceed. He said if the City determines that it should proceed, Council will be required to agree that the alternatives are feasible and that the committee should be reinstituted. Then it will be determined which agencies will be agreeable to become involved, he said. Mr. Pugh noted that all agencies have been notified and invited to attend the meetings. In response to an inquiry from Mayor Gard, Mr. Ricci advised that in the initial stages of the study, the City of Anderson did attend the meetings. He said the report is not concrete in its recommendation that the joint powers agency be limited to just the three agencies. Mr. Arness and Mr. Aasen concurred that all agencies were invited to attend the meetings and each agency was sent copies of everything that was given to the rest of the committee and staff. Mr. Aasen said Anderson provided substantial information in the initial stages. Councilman Fulton asked to hear staff' s opinion of the report. Mr. Arness said he is very comfortable with the report and not only the sponsoring agencies but the agencies mentioned by the consultant have all been active participants in the report. Mr. Arness added that staff has encouraged all adjoining special purpose districts to be participants in the study and will continue to invite them to work with the Committee. Mayor Gard commented that the report is very well written and compiled. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting the study as completed and authorizing the continuance of the study committee. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council Members Pugh and Kirkpatrick be retained on the Regional Sewage Study Committee, with Council Member Kirkpatrick as Chairman. The Vote: Unanimous Ayes Councilman Demsher noted that the study was very well done and represents a great deal of knowledge. Councilman Kirkpatrick thanked Ott Water Engi- neers and Bartel Wells for doing a fine job on the study and for putting up with the different political views. SETTLEMENT OF CLAIM City Attorney Hays advised that Claim for Damages filed by Barbara Vincelli has been settled by the Insurance Carrier in the amount of $2 ,750. RESOLUTION - re Support for AB1114 Pertaining to Steel-Jaw Traps City Attorney Hays reviewed his memorandum to Council dated April 6, 1983. He also submitted a letter from Tom Little, of the Haven Humane Society and lit a copy of the proposed legislation. Mr. Hays advised that Assembly Bili 1114 allows local jurisdictions to ban the use of steel-jaw traps within its jurisdiction if the local entity feels it is in the best interest of the community. 4/18/83 125 It is the recommendation of the City Attorney that Council adopt a resolu- tion in support of this bill and forward a copy of the resolution to Assemblyman Jim Costa, the Chairman of the Committee. Councilman Pugh said he favors the concept of home-rule and felt the City should be able to determine what is usable in its own area. ! MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 83-81 be adopted, a resolution of the City Council of the City of Redding supporting the adoption of Assembly Bill 1114 (Papan). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-81 is on file in the office of the City Clerk. URGENCY ITEM - Request to Sell Alcoholic Beverages Mayor Gard declared a request from the Elks Club to sell alcoholic bever- ages, as an urgency item. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ;3 z- ing a request from the Elks Club, Redding Lodge No. 1073, to sell alcoholic 1 beverages at the Senior Citizens Hall on April 23, 1983. The Vote: Unanimous Ayes CLOSED SESSION - Canby-Hilltop Redevelopment Project At the hour of 8:45 P.M. , Council adjourned to a closed session to discuss pending litigation. At the hour of 9:16 P.M. , Council reconvened to regular session. City Attorney Hays stated that the City has received a counter proposal from the County regarding the City' s recent proposal to settle the litiga- _c tion concerning the Canby-Hilltop Redevelopment Project. He advised that ' / this counter proposal will be communicated by telephone with the Settlement Conference Judge in Sacramento by County Counsel John Kenny on the after- noon of April 19, 1983. He added that Special Counsel for the City Dave Beatty and himself will also have a telephone conference with the Settlement Conference Judge on that date to advise him that the counter proposal is unacceptable to the City. It is the recommendation of the City Attorney that this meeting be ad- journed to 4:00 P.M. , April 19, 1983, in the City Council Chambers to discuss the nature of the actions taken at the settlement conferences. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that this meeting be adjourned to 4:00 P.M. , April 19, 1983, in the City Council Chambers. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: The Old Homestead (Frank & Linda Paulson) 3381 South Market Street 11/ Public Utilities Commission: Insurance, Safety, & Route Regulation of Round-Trip Sightseeing Tour Services Pacific Telephone: Mobile Telephone Service Rates 4/18/83 A 126 Pacific Gas & Electric Company: Notice of Filing Application to Increase Electric Rates ADJOURNMENT There being no further business , at the hour of 9:18 P.M. , Mayor Gard declared the meeting adjourned. } APPROVED: (-)Dajj}Cit'Aa•- (1384%.d P ayor ATTEST: City Clerk {f_ L 4/18/83