Loading...
HomeMy WebLinkAboutMinutes - City Council - 1983-10-03 261 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California October 3, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The meeting was called to order by Vice Mayor Pugh with the following Council Members present: Demsher, Fulton, Kirkpatrick, and Pugh. Members Absent: Mayor Gard Also present were City Attorney Hays, Public Works Director Arness, Plan- ning and Community Development Director Perry, Electric Director Lindley, Public Works Superintendent Galusha, Housing and Dedevelopment Administra- tor Henson, Finance Director Downing, Senior Associate Planner Keaney, Accountant Masingale, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent 1 Calendar: Approval of Minutes - Regular Meeting of September 19, 1983 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable No. 7, check nos. 93567 through 93868 inclusive, in the amount of $2,289,094.45, be approved and paid; and Payroll Register No. 7, check nos. 181197 through 181769 inclusive, in the amount of $444,755.28,for the period September 11 , 1983, through September 24, 1983, be approved. Total : $2 ,733,849.73 Claims for Damage and Personal Injury - 1st Hearing John Minoletti , Attorney on Behalf of Don Woolley - Claim for Damages filed 9/23/83 Recommend denial and refer to Insurance Carrier (C-090-020) Roger Cowling, Attorney on behalf of Shirley Boone - Claim for Personal Injury filed 9/16/83 Recommend denial and refer to Insurance Carrier (C-090-050) Award of Bid - One 3/4 Ton Pickup Truck, Four Wheel Drive (B-050-100) City Manager recommends that Bid Schedule No. 1478, one (1 ) 3/4 ton pickup truck, four wheel drive, be awarded to the sole bidder, Crown Motors, in the amount of $11 ,912.91 , sales tax included. Award of Bid - Overhead Bare Stranded Aluminum Conductor (B-050-100) City Manager recommends that Bid Schedule No. 1480, overhead, bare stranded aluminum conductor, be awarded to King Wire and Cable Corpo- ration, on its low bid in the amount of $33,750.61 , sales tax included. Award of Bid - Additions and Modifications to Electric Dept. Building (B-050-020 and C-050-200) Electric Director recommends that Bid Schedule No. 1477, additions and modifications to the Electric Department Building, be awarded to Duane Foster Construction on its low bid in the amount of $55,955. 10/3/83 262 Annexation Request No. 83-5 - Rancheria Road (A-150-163) Planning Director recommends that Annexation Request No. 83-5, Rancheria Road, be referred to Electric Department and Public Works Department staff for the preparation of cost estimates for water and electric assessment districts. Following the preparation of these estimates, a recommendation will be made to Council . • Set Public Hearings - Rezoning Applications RZ-17-83, RZ_-18-83 , and RZ-19-83 (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , October 17, 1983, to consider Rezoning Application RZ-17-83, by the City of Redding; and, that a public hearing be set for 7:30 P.M. , October 17, 1983, to consider Rezoning Application RZ-18-83, by City of Redding; and, that a public hearing be set for 7:30 P.M. , November 7 , 1983, to consider Rezoning Application RZ-19-83, by City of Redding. Set Public Hearing - Appeal of Use Permit Application UP-162-83, by Rodway Chevrolet (L-010-030) Planning Director recommends that a public hearing be set for 7:30 P.M. , October 17, 1983, to consider the appeal of the denial of Use Permit Application UP-162-83 , by Rodway Chevrolet. Resolutions - re Maintenance Agreements with Caltrans/City of Redding for State Highways, and Cost Sharing of Utilities Public Works Director recommends that two resolutions be adopted authorizing the Mayor to sign agreements with Caltrans for maintenance of State highways in the City of Redding by the City's Street Divi- sion, and the handling of encroachment permits on State highways by the City' s Engineering Division. Resolution No. 83-198 is a resolution of the City Council of the City of Redding approving an agreement for maintenance of the State Highway in the City of Redding. (S-070-200 and S-050-100) Resolution No. 83-199 is a resolution of the City Council of the City of Redding approving an agreement for utility cost sharing of the State Highway in the City of Redding. (T-080-700 and S-050-100) Notice of Completion - South City Park Tennis Court (B-050-020 and P-050-800) Public Works Director recommends that Bid Schedule No. 1464, awarded to B & J Construction (final contract price $35 ,803.77) , be accepted as satisfactorily completed and that the Deputy City Clerk be in- structed to file a Notice of Completion. Resolutions - re Division of Land and Bond for Assessments in Dana Drive an Victor Avenue Assessment District No. 1977-1 (A-170-150-125) City Attorney recommends that resolutions be adopted confirming the division of land and bond for two assessments in the Dana Drive and Victor Avenue Assessment District No. 1977-1 . III Resolution No. 83-200 is a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 77-1-77 in Dana Drive and Victor Avenue Assessment District, 1977-1 . 10/3/83 263 Resolution No. 83-201 is a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 77-1-78 in Dana Drive and Victor Avenue Assessment District, 1977-1 . A reement - Redding Dragstrip Association C-070-100 and A-090-100) City Attorney recommends approval of a one-year extension to an agreement with the Redding Dragstrip Association to continue to use a taxiway located east of the runways at Redding Municipal Airport as a "dragstrip" . MOTION: Made by Council Member Demsher, seconded by Council Member Kirkpatrick, 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, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution Numbers 83-198, 83-199, 83-200, and 83-201 , are on file in the 1 office of the City Clerk. X WRITTEN COMMUNICATIONS Communication from Patcon, Inc. - re Name Change from Redding Ambu- lance (T.- 1'00-300) A letter was received from Conrad Anderson, Vice-President of Patcon, Inc. , advising that following the close of escrow for the sale of Redding Ambulance to Patcon, Inc. , they intend to change the name to Patcon, Inc. , dba North Valley Ambulance Service. This was an information item and no action was required. Petition Opposing the Establishment of an Ultralight Center (A-090-010) A petition containing approximately 30 signatures was received oppos- ing a proposed Ultralight Flying Center in the Park Marina area. Councilman Demsher noted that this matter was discussed briefly at a previous Council Meeting when similar petitions were received and referred to the Planning Commission. He said until a proposal is submitted to the City for such an establishment, it is not an issue for the Council to consider. The City Attorney stated that the Planning Commission is studying the matter now and a report will be forthcoming. Mr. Demsher noted that the Airport Commission will also probably be looking at this issue at some point in time. Mr. Hays concurred. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that the petition opposing the establishment of a proposed Ultralight flying center in the Park Marina area be referred to the Planning Commission. The Vote: Unanimous Ayes Petition for Assessment District Proceedings - Witch Way and Other Streets Sewer Assessment District (A-170-100-920) A petition was submitted from property owners fronting on Witch Way and other streets, requesting that assessment district proceedings be initiated for sanitary sewer improvements. 10/3/83 I t 264 % MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the petition from property owners on Witch Way and other streets, requesting the formation of an sewer assessment dis- t trict, be referred to the Public Works Director. The Vote: Unanimous Ayes L L Request from John Hoeflich, Redding Transit - re Change of Bus Stop (T-100-070) A letter was received from John Hoeflich, owner and operator of Redding Transit bus system, requesting approval to move his central downtown terminal bus stop from its present location on Butte Street to a point approximately 100 feet towards the intersection of Butte and Pine Streets parallel to what was formerly D'Amato' s Restaurant. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that this request be referred to the Redding Area Bus Authority for consideration. The Vote: Unanimous Ayes It was noted that possibly this matter should also be considered by the Traffic and Parking Commission at some point in time. ORDINANCE - re Planned Development PD-1-83, North of Hawley Road, by Don Duryee et al (L-010-210) MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1652 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher ithat Ordinance No. 1652 be adopted, 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-1-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard III Ordinance No. 1652 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-14-83, 1439-1465 Riverside Drive, by G. Lenser and the City of Redding (L-010-230) MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1653 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ordinance No. 1653 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (RZ-14-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard III Ordinance No. 1653 is on file in the office of the City Clerk. ORDINANCE - re Amendment to "AA" Combining District Accessory Apartments (L-010-500-075) MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick 1 10/3/83 - 265 that the full reading of Ordinance No. 1654 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1654 be adopted, an ordinance of the City Council of the City of Redding amending Title 18 of the Redding Municipal Code by adding thereto Chapter 18.45, pertaining to "AA" Combining District--Accessory Apartments. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard • Ordinance No. 1654 is on file in the office of the City Clerk. ORDINANCE - Pertaining to Water Rates (W-030-400) MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1655 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes t MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1655 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 14.08 of the Redding Municipal Code by repealing Sections 14.08.010, 14.08.040, 14.08.070, 14.08.075, 14.08.130, 14.08.230, 14.08.310 and 14.08.370, and substituting therefor new Sections 14.08.010, 14.08.040, 14.08.070, 14.08.075, 14.08.130, 14.08.230, 14.08.310 and 14.08.370, pertaining to water. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Ordinance No. 1655 is on file in the office of the City Clerk. ORDINANCE - Pertaining to Sewer Rates (W-010-590) MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1656 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Ordinance No. 1656 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 14.16 of the Redding Municipal Code by repealing Section 14.16.015 in its entirety and substituting therefor a new Section 14.16.015, pertaining to sewer. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Ordinance No. 1656 is on file in the office of the City Clerk. ORDINANCE - Pertaining to Wild Animals (A-130-150) Vice Mayor Pugh abstained from voting and discussion on this matter and Mayor Pro Tem Demsher presided. City Attorney Hays reviewed his memorandum to Council dated September 29, 1983, which is incorporated herein by reference. He suggested an amendment to Ordinance No. 1657, introduced at the last Council meeting, which would 10/3/83 266 clarify the extent of the proposed regulations with regard to the keeping of wild animals. Mr. Hays stated that a definition as to what constitutes a wild animal has been inserted as well as adding some specific exemptions. Mr. Hays also submitted a letter from Mr. Tom Little, Executive Director of the Haven Humane Society, and a letter from Mr. Stankus, with several attachments. Mr. Hays emphasized that these proposed amendments reflect that the ordi- nance is basically designed to prohibit private individuals from maintain- ing those types of animals which are commonly regarded as wild in circum- ; stances within the community which potentially represents some danger to not only the citizens of the community but to other animals which are normally designated as pets. It also suggests appropriate exemptions to the regulations and thereby prohibits access to the types of animals which are inappropriately maintained by individuals. It is the recommendation of the City Attorney that Ordinance No. 1657 be re-offered for first reading at this time. Adolph Stankus, 2596 Saturn Skyway, addressed Council at this time. He said there are enough State and Federal regulations pertaining to this issue that the City of Redding does not need to get involved in any way. • Councilman Demsher said Mr. Stankus called him at home one evening and Mr. Demsher indicated to Mr. Stankus that he was as concerned about the welfare of the animal as he was the method of confinement. Pam Haler, P. 0. Box 794 Central Valley, emphasized that the type of animal which Mr. Stankus wishes to keep is raised in captivity and the pen he plans to build is very elaborate and much larger than is required by State and Federal regulations. LeRoy Woodruff, 1945 8th Street, stated he owns various reptiles and is concerned about how this ordinance will affect him. He concurred with Mr. Stankus that there is no point in passing laws when the keeping of wild animals is already regulated by State and Federal laws. City Attorney Hays stated that unless they are poisonous, the ordinance does not prohibit the keeping of reptiles. Arlene Stankus, 2596 Saturn Skyway, clarified that they are not planning to keep the tiger in their backyard but in a specially designed pen in their garage. She pointed out that there is also an educational value involved. Ms. Stankus stated the tiger would be loaned free of charge to nonprofit organizations in a pen, with a trainer, and could be an important educa- tional value, since some people in this area have never seen a tiger. Bob Blankenship, 3360 Pioneer Lane, asked for clarification about keeping animals such as antelope and other bovine-type animals which would be considered wild in their natural state. He indicated that he has some Barbados sheep and some exotic birds on his three acres and said the sheep are wild in their natural state on the Barbados Islands in the West Indies. He wondered who will decide whether or not an animal is considered "wild." Mr. Demsher advised that the City must list a general set of categories in the ordinance, but ultimately, if the answer could not be determined, it would be determined by the courts. Mr. Hays advised that the proposed ordinance would not prohibit exotic birds or bovine-type animals such as the ones described by Mr. Blankenship. • 10/3/83 267 Mr. Stankus , returned to the podium and stated that Bengal tigers are virtually extinct in the wild and are raised in captivity. He added that the Department of Fish and Game and the U.S. Government have resources and reports which specifically dictate how to cage such animals and have already listed all the requirements. He reiterated that he did not feel it is necessary for the City to get involved. Joann St. Louis , 16392 Craig Lane, Anderson, said she is in agreement with the people who have spoken and asked about zoos and other such institu- tions. The City Attorney advised that zoos and similar institutions are exempt from the ordinance. Councilman Fulton asked about the City' s liability. Mr. Hays advised that `. he does not believe the City would be liable since the Council will have addressed the situation and made a legislative decision one way or the • other. Councilman Fulton offered Ordinance No. 1657 for first reading as amended, an ordinance of the City Council of the City of Redding amending Chapter 7.04 of the Redding Municipal Code by amending Section 7.04.010 and repeal- ing Section 7.04.090 of said Chapter and substituting therefor a new Section 7.04.090 of Chapter 7.04, pertaining to wild animals. Councilman Kirkpatrick pointed out that this amended ordinance is being offered for first reading this evening and will be voted on at the next regular Council meeting. PAYOFF TRANSACTIONS FOR 1915 ACT IMPROVEMENT BOND ASSESSMENT - Special Request by Gary G. Stokes (A-170-050-200) City Attorney Hays reviewed the City Manager's memorandum to Council dated • September 27, 1983, which is incorporated herein by reference. He stated that when the Hartnell Avenue Assessment District was formed, Mr. Stokes represented the ownership of most of the real property included within this assessment district. Mr. Hays said Mr. Stokes has initiated proceedings with the City Treasurer to pay off a portion of his special assessment liability. Mr. Hays advised that Special Bond Counsel Sperry has stated that the City may waive the requirement of depositing the amount of the anticipated refund from the interest portion of the payoff. Mr. Hays said the City Manager's office has ascertained that the practice of the City to require that the interest portion of the payoff be de- posited, has been totally appropriate for relatively small assessments. However, in the case where a property owner with a large assessment initi- ates a payoff transaction, it is appropriate that the amount of the deposit be pre-calculated; and, if it is possible to complete the necessary bond calls without extending into future interest periods , it would be inequi- table to require the property owner to deposit the interest increment of the payoff. It is the recommendation of the City Manager's office that Mr. Stokes not be required to deposit the $52,068.41 interest increment previously re- quested by the City Treasurer. The City Treasurer concurs that such action would be appropriate in cases where the amount of the deposit has been "pre-calculated" to include the principal increment of the payoff, all transaction costs, and the net credit from the reserve fund. 10/3/83 268 r L Mr. Hays said with reference to the diversion of the interest on the principal portion of the deposit, there is no specific legal authority for this action and it is strongly recommended that the statutory provisions be If followed. r The City Manager' s memorandum also addressed the issue of delinquent assessments and the City' s obligation to advance funds to pay bond coupon III liability in excess of assessment district reserves. He said the present 1915 Act Improvement Bond liability in excess of $9 million is approaching the upper limit that the City should permit. The City Manager recommended that the total 1915 Act Improvement Bond liability not be permitted to exceed around $10 million. i Vice Mayor Pugh noted that any additional applications for 1915 Act Im- provement Bonds would have to be looked at closely relative to the City' s ability to meet its demands. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the City Manager that Mr. Stokes not be required to deposit the $52,068.41 interest increment previously requested, relative to the Hartnell Avenue Assessment District improvement bond payoff transaction. The Vote: Unanimous Ayes Some discussion ensued regarding the limit the City should permit for 1915 Act Improvement Bonds. Vice Mayor Pugh suggested that the Council could ask staff to set an appropriate limit based on the current totals of outstanding bonds. Council could then consider any new requests to see if it wants to exceed the established limits. Council Members concurred that this should be referred back to the City Manager' s office to see if this would be an appropriate policy, and what problems the City would have if it set such a limit. PUBLIC HEARING - re Amendment to Development Agreement, Sunshine Homes (L-010-100-030 and S-100-725) Vice Mayor Pugh abstained from voting and discussion on this matter and Mayor Pro Tem Demsher presided over the hearing. The hour of 7:30 P.M. , having arrived, Mayor Pro Tem Demsher opened the public hearing re an amendment to the development agreement between Marshall and Carol Worley, for Sunshine Homes Subdivision. 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 The Deputy City Clerk advised that no written protests have been received and the Mayor Pro Tem ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 29, 1983, which is incorporated herein by reference. He stated that the Planning Commission has recommended approval of an amendment to the development agreement between Marshall and Carol Worley, developers of Sunshine Homes Subdivision, and the City of Redding. A map of the area was shown onIII the Vu Graph and Council was given a copy of the approved agreement, the amended agreement, and the conditions of approval for the subdivi- sion. 10/3/83 i 269 ; Mr. Perry explained the proposed changes in the agreement. First, the Victor Avenue construction has been changed to connect north to the planned bridge over Churn Creek rather than south to Churn Creek Road. Second, the completion date for the Victor Avenue construction has been moved forward from 1985 to August 31 , 1984. Finally, Paragraph 4(c) , which prohibited occupancy of homes in Phases 2 , 3, and 4 of Sunshine Homes until Victor was completed, has been deleted. Mr. Perry advised that the proposed amendments would allow Mr. Worley to proceed with selling homes in Phases 2, 3, and 4 of Sunshine Homes during the spring of 1984, regardless of whether or not Victor Avenue has been completed. He added that pursuant to this agreement, Mr. Worley will be building two lanes on his property and from his pro- perty to the south approach of the bridge across Churn Creek beginning next week. Mr. Perry stated that in recommending approval of the amended develop- ment agreement, the Planning Commission recertified the negative declaration for the subdivision, which incorporated as a mitigation measure the requirement that a development agreement be prepared for the subdivision. The Commission also made certain findings in accor- dance with Section 301 of the City's regulations pertaining to devel- opment agreements. It is the recommendation of the Planning Commission and staff that the City Council approve the amended development agreement subject to receipt of an executed copy of the agreement from the Worleys and also subject to receipt of an executed copy of the development agreement for Woodhaven Homes Subdivision, ratify the negative declaration, offer an ordinance for first reading, and ratify the findings made by the Planning Commission with respect to general plan consistency and land-use regulations. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton ratifying the findings of the Planning Commission in accordance with Section 301 of the City' s regulations pertaining to development agreements as follows: 1 . The development is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan; 2. The development is compatible with the uses authorized in, and the regulations prescribed for, the land-use district in which the real property is located; 3. The development is in conformity with public convenience, general welfare and good land-use practice; 4. The development will not be detrimental to the health, safety and general welfare; and 5. The development will not adversely affect the orderly development of property or the preservation of property values. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining 10/3/83 270 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings re amendment to Development Agreement for Sunshine Homes Subdivision: 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 predicated upon the application of the following traffic mitigative measure to the project: a. The conditions of approval incorporate the requirement for development agreements , or other equivalent commit- ments, to establish the timetable for the construction of Victor Avenue and a timetable for development of the project prior to full occupancy and adequate access to the project. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Planning Commission on March 8, 1983. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the Amended Development Agreement between the City of Redding and Marshall and Carol Worley, developers of Sunshine Homes Subdivision, subject to receipt of an executed copy of the agreement from the Worleys and also subject to receipt of an executed copy of the development agreement between Hoisington/Mygrant (Woodhaven Homes) and the City of Redding. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining Councilman Kirkpatrick offered Ordinance No. 1658 for first reading, an ordinance of the City Council of the City of Redding adopting amendment to the Worley Development Agreement pursuant to the proce- dures and requirements established in Resolution No. 81-87. PUBLIC HEARING - re Development Agreement, Woodhaven Homes Subdivision (L-010-100-030 and S-100-808) Vice Mayor Pugh abstained from voting and discussion on this matter and Mayor Pro Tem Demsher presided over the hearing. The hour of 7:30 P.M. , having arrived, Mayor Pro Tem Demsher opened the public hearing re a Development Agreement between Charles Hoisington and Ron Mygrant, developers of Woodhaven Homes Subdivision, and the 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 The Deputy City Clerk advised that no written protests have been received and the Mayor Pro Tem ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 29, 1983, which is incorporated herein by reference. He stated that the Planning Commission has recommended approval of a development agreement between Charles Hoisington and Ron Mygrant, developers of Woodhaven Homes Subdivision, and the City of Redding. A map of the area was shown on the Vu Graph 10/3/83 A - - - - r 271 and Council was given copies of the draft development agreement and the conditions of approval for the subdivision. Mr. Perry advised that, in this case, the developers are using this agreement to assure that they will not be obligated to future assess- ment districts or contributions for construction of Victor Avenue beyond that required as a condition of Subdivision S-12-83. In exchange, Mr. Hoisington and Mr. Mygrant commit to completion of the bridge across Churn Creek prior to August 31 , 1984. He noted that construction of the bridge has already started. Mr. Perry explained that the Planning Commission recertified the negative declaration for the subdivision and made the appropriate findings in accordance with the City' s regulations pertaining to development agreements. It is the recommendation of the Planning Commission and staff that Council approve the development agreement subject to receipt of an executed copy of the agreement from the developers, and an executed copy of the amended development agreement for Sunshine Homes, that the negative declaration be ratified, that an ordinance be offered for first reading, and that Council ratify the findings made by the Planning Commission with respect to general plan consistency and land-use regulations. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton ratifying the findings of the Planning Commission in accordance with Section 301 of the City' s regulations pertaining to development agreements as follows: 1 . The development is consistent with the objectives , policies, general land uses and programs specified in the General Plan and any applicable specific plan; 2. The development is compatible with the uses authorized in, and the regulations prescribed for, the land-use district in which the real property is located; 3. The development is in conformity with public convenience, general welfare and good land-use practice; 4. The development will not be detrimental to the health, safety and general welfare; and 5. The development will not adversely affect the orderly development of property or the preservation of property values. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings re amendment to Development Agreement for Sunshine Homes Subdivision: 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. 10/3/83 272 and, ratifies the Negative Declaration approved by the Board of Administrative Review on July 6, 1983. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the Development Agreement between Charles Hoisington and Ron Mygrant, developers of Woodhaven Homes Subdivision, and the City of Redding, subject to receipt of an executed copy of the agreement from Mr. Hoisington and Mr. Mygrant, and also subject to receipt of an executed copy of the amended Development Agreement between Marshall and Carol Worley and the City of Redding. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining Councilman Kirkpatrick offered Ordinance No. 1659 for first reading, an ordinance of the City Council of the City of Redding adopting Development Agreement with Charles Hoisington and Ron Mygrant pursuant to the procedures and requirements established in Resolution No. 81-87. PUBLIC HEARING - re Rezoning Application RZ-15-83, by City of Redding L-010-230) The hour of 7:30 P.M. , having arrived, Vice Mayor Pugh opened the public hearing re Rezoning Application RZ-15-83, by City of Redding. The following documents are on file in the office of the City Clerk: r Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing • Planning Commission Recommendation dated September 29, 1983 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 29, 1983, which is incorporated herein by reference. He stated that the Planning Commission has recommended approval of rezoning property located in the Woodside Meadows Subdivision, Unit No. 3, from "U" Unclassified District to "R-1" Single-Family Residential 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 the Planning Commission and staff that the area be rezoned as depicted on the Proposed Zoning map dated August 3, 1983, that the negative declaration be ratified, and an ordinance be offered for first reading. Mr. Wallace Maso, 1251 Dusty Lane, stated he is opposed to this rezoning because it will further increase drainage problems in the Dusty Lane area. He submitted some pictures of the drainage ditch showing mud and debris washing down the ditch after a recent light rain. Mr. Maso felt the gunite surface of the ditch upstream is useless and a futile effort. Mr. Maso said he spoke with one of the workers who was installing the gunite surface and the worker also felt that it was no solution to the problem. INVOCATION Pastor Vic Carter of the Beacon Missionary Baptist Church entered the meeting at this time. Pastor Carter explained that he was counselling with a member of his church when this meeting began and could not get away. He apologized for being late and offered the invocation at this time. 10/3/83 273 A Vice Mayor Pugh noted that it should be pointed out that the use of the subject property will not change by this rezoning but will make it consistent with the General Plan. J MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-15-83, 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 August 3, 1983. The Vote: Unanimous Ayes Councilman Demsher offered Ordinance No. 1660 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-15-83) . PUBLIC HEARING - re Amendment of the "A" Special Agricultural Combining District (L-010-500-050) The hour of 7:30 P.M. , having arrived, Vice Mayor Pugh opened the public hearing re Amendment of the "A" Special Agricultural Combining District. 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 The Deputy 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 September 29, 1983, which is incorporated herein by reference. He stated that staff was directed by Council to amend the "A" District to allow reduction of the minimum area to ten acres subject to certain provisions; and, to restructure the defini- tion of "animals" and amend the "uses permitted" section to provide for the temporary keeping of some animals. He noted that the Planning Commission had reviewed the proposed changes. Mr. Perry pointed out that there was some concern expressed by the Commission that swine were being included as a medium-sized animal . It is staff' s opinion that adequate protection is provided to adjoin- ing neighbors as Section 18.37. 1006 requires a minimum setback of 500 feet from the swine to any dwelling. It is the recommendation of both the Planning Commission and staff that the draft ordinance be offered for first reading. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes 10/3/83 • 274 i Councilman Kirkpatrick offered Ordinance No. 1661 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 18.37 of the Redding Municipal Code by repealing Sections 18.37.030, 18.37.040 and 18.37.050 in their entirety and substituting therefor new Sections 18.37.030, 18.37.040 and 18.37.050, pertaining to Special Agricultural (A) Combining District. PROPOSAL BY RESOURCE MANAGEMENT INTERNATIONAL INC. - re Northwest Trans- III mission Joint Venture (E-120) Electric Director Lindley reviewed the proposal from Resource Management ' International , Inc. (RMI) and a Memorandum of Understanding regarding the participation by various Northern California public power agencies in a joint venture to develop electrical transmission facilities between Northern California and the Pacific Northwest. He said the basic concept of the proposal is to provide coordination and to perform the tasks neces- sary to meet the goal of obtaining that transmission. It is the recommendation of the Electric Director that Council approve the expenditure of funds for Redding' s participation in the joint venture for the proposed studies in an amount not to exceed 15% ($12,750) of the total amount of the proposal ($85,000) , and that the City Manager be authorized to execute the Memorandum of Understanding. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Electric Director as hereinabove stated. The Vote: Unanimous Ayes SURRENDER OF F.E.R.C. PRELIMINARY PERMIT - Soeltzer Dam Power Project (E-120-070-650) Electric Director Lindley advised that CH2M Hill has recently completed the feasibility reconnaissance of the Soeltzer Dam Power Project. He statedIII that the Electric Department has reviewed the findings and has determined that the project should not be developed by the City of Redding. Mr. Lindley indicated that the feasibility reconnaissance clearly demonstrates that the Soeltzer Dam Power Project is not economically feasible for the City to develop unless water releases through Whiskeytown Dam are in- creased. He said even with increased releases, which is very uncertain at this time, the project would be marginally feasible. Mr. Lindley stated that it is possible that another entity may pursue the development of the Soeltzer Dam Power Project after the City of Redding has surrendered its Preliminary Permit, and if so, the Electric Department will consider the possibility of purchasing the power output. Mr. Lindley also stated that the Electric Department will re-examine the project feasibility, if at some future date it appears that increased releases through Whiskeytown Dam have become highly probable, and no entity has a FERC preference for the development of the project. It is the recommendation of the Electric Director that the City Council approve the surrendering of the Preliminary Permit for the Soeltzer Dam Power Project, FERC #3624, and authorize the City Manager to sign a Letter of Surrender to the Federal Energy Regulatory Commission. Councilman Demsher emphasized that the City was very enthusiastic about this project initially and it was one which was close to home. He said heIII is confident that the City has done everything it could have done, however, several factors have made the project economically infeasible. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the surrender of the Preliminary Permit for the Soeltzer Dam 10/3/83 I -- - - -- -- __ - -- - - _ - . .3 275 Power Project, FERC #3624, and authorizing the City Manager to sign a Letter of Surrender to the Federal Energy Regulatory Commission. PROPERTY MANAGEMENT REVIEW - Appointment of Council Representative i (B-080-650) Planning and Community Development Director Perry advised that staff is proposing to do a review of City-owned lands. He said prior to commencing the project, staff would like the concurrence of Council in the undertaking of the study. Also, it is requested that one member of the Council be designated to act with staff in reviewing which properties should be included in the study and preliminary land use concepts. Vice Mayor Pugh suggested that Councilman Demsher be appointed to the study project if it meets with the approval of Council . Council concurred that the project should be undertaken and that Mr. Demsher be designated as the Council representative. CATV COMMITTEE - Resignation of Dean Middleton (B-080-600-030) Planning and Community Development Director Perry advised that Dean Middleton has resigned from the CATV Committee due to time conflicts. Mr. Perry said Mr. Middleton has recommended that Victor Hogstrom be named as a replacement. It is the recommendation of staff that Mr. Middleton's resignation be accepted and that Mr. Hogstrom be appointed to the Committee. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting the resignation of Dean Middleton from the CATV Committee and appointing Victor Hogstrom as his replacement. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - October 1983 (A-050-300) Public Works Director Arness submitted the Public Works Planning Reports for October, 1983. In response to an inquiry from Councilman Fulton, Mr. Arness advised that the People of Progress' recycling program at the landfill seems to be working very well . He said the City is no worse off, money-wise, than it was before, and the amount of material they are recovering is considerable. Councilman Fulton said he has heard some comments that logistically, there is a problem with sorting materials resulting in some inconvenience and cars lined up. Mr. Arness said he has not received that type of complaint and said in some cases , the P.O.P. will save people money by directing them where to take their debris. Mr. Arness said a meaningful report will be forthcoming in the near future about the types of materials that are being recovered. Councilman Demsher noted that much of the delay at the landfill is caused because each driver must show his or her driver's license and be iden- tified. He suggested that some other method of identification such as a plastic card be instituted to improve the system. Mr. Arness indicated that he will try to get a report to Council on November 7, 1983. DUSTY LANE DRAINAGE FACILITIES (S-100-820 and S-070-300) Public Works Director Arness reviewed his memorandum to Council dated September 30, 1983, which is incorporated herein by reference. He stated that subsequent to the last Council meeting, staff attempted to define an amount of money property owners on Dusty Lane should pay towards the construction of the cooperative drainage project. He outlined the proposal 10/3/83 1 276 which was orally presented to Wally Maso and Peggy Holst for consideration by the affected property owners, as follows: The developer of Woodside Meadows Subdivision had a bid of $12,000 to complete the placement of a ditch with a concrete bottom section and some corner protection from Woodside Meadows Drive to the south property line of the subdivision. This $12,000 cost is being spread among the 43 lots in this unit of the subdivision, ($12,000 divided by III 43 = $280/lot) . In addition, each new lot is responsible for the storm drainage construction tax estimated to be an average of $170. Therefore, the Public Works Director recommended to the property owners who are influenced by the transverse drainage crossing of Dusty Lane that each pay $450, ($280 + $170) , as his share of the drainage construction costs, (the rationale being that if the influenced property owners had been a part of the subdivision their costs of channel work and construction tax charges would have been $450) . Mr. Arness advised that an informational meeting was tentatively scheduled to describe the proposal to the neighborhood. Prior to the proposed evening meeting, a resident of the neighborhood called and indicated that two residents were unable to fund any part of it and believed the City was already taking something from them; two property owners were agreeable to the funding package as recommended by the Department; one property owner was not at all interested and would probably go through legal means to see something accomplished; and the sixth property owner was out of town and not available for comments. Mr. Arness noted that there are no Community Development funds earmarked for this type of project. It is the recommendation of the Public Works Director that all affected property owners should participate in a cost sharing program as stated above, and upon agreement by all affected property owners, the City will proceed with the project. III Mr. Arness noted that there are many similar situations in the City and the effect of the City accepting the responsibility for the Dusty Lane area should be considered. Councilman Kirkpatrick contended that the other areas referred to by Mr. Arness are not the same type of situation as Dusty Lane. He emphasized that Dusty Lane is not like other situations in town and and action would not be precedent-setting. Mr. Kirkpatrick said the unmanageable drainage problem on Dusty Lane has been caused by the construction of the Woodside Meadows Subdivision. Prior to that time, he said, the problem was manageable. Councilman Demsher said it was he who brought up the precedent issue. He said it is apparent that this drainage problem has existed since 1958 and he felt the proposal of staff seems reasonable and equitable. Mr. Demsher said the problem is solvable. He added that the City is willing to share in the cost even though the problem existed prior to annexation. He said it is not necessarily precedent-setting. Councilman Fulton asked Councilman Kirkpatrick what he suggested as an equitable arrangement. Mr. Kirkpatrick said he feels the $450 is reason- able for the residents to help clear up the total problem; however, one property owner has not been contacted, two are very reluctant to partici- pate, and two cannot afford it. He said he does not disagree with Mr. III Demsher that the problem has existed for several years but it has gotten worse since the construction of Woodside Meadows Subdivision. Vice Mayor Pugh stated that to his knowledge, the area has been inundated by more rainfall than normal for the last two years which has probably 10/3/83 277 contributed to the problem even without the subdivision. He felt the cost-sharing formula is reasonable and equitable. Mr. Kirkpatrick indicated that he will vote for the issue but he still feels the City is responsible for the excess water coming down the channel and that the City should pay for the entire project. IIIMOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the cost sharing formula as recommended by the Public Works Director and that the City proceed with the project subject to an agreement by all affected property owners. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Water Systems Improvements on Wisconsin Avenue, South Market Street, and Eureka Way (B-050-020) Vice Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1456, water system improvements on Wisconsin Avenue, South Market Street, and Eureka Way, awarded to Drumm Construction, Inc. ($86,916) , be accepted as satisfactorily completed and that the City Clerk a be instructed to file a Notice of Completion. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining NOTICE OF COMPLETION - Mary Lake Excavation (B-050-020) Vice Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1476, Mary Lake excavation, awarded to Cox & Cox Construction, Inc. (final contract price $27 ,805) , and that the City Clerk be instructed to file a Notice of Completion. The Vote: Unanimous Ayes III with Vice Mayor Pugh abstaining AWARD OF BID - Tehama Street Reconstruction and Storm Drain Project (B-050-020, S-070-100 and S-070-300) Vice Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Council makes the following findings re Bid Schedule No. 1484, Tehama Street Reconstruction and Storm Drain Project: 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 iscompatible with the Code of the City of Redding, , California. and, ratifies the Negative Declaration approved by the Board of Administra- tive Review on July 27, 1983. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1484, Tehama Street Reconstruction and Storm Drain Project, be awarded to Cox & Cox Construction, Inc. , on its low bid in the amount of $117,357. The Vote: Unanimous Ayes with Vice Mayor Pugh ab- staining ORDINANCE - re Building Security Alternative Construction Methods (C-110-200) City Attorney Hays advised that the City Council adopted Ordinance No. 1476 in 1980 regarding building construction methods dealing with construction of structures in a manner that they presented some resistance to unlawful entry. He said this particular action by the City was prompted by regu- lations adopted by the State regarding building security. Mr. Hays 10/3/83 - _ -- - - - - - - -- - --- _.. - 278 indicated that the City' s provisions provide that approved alternate materials may be substituted for other more commonly used materials. The ordinance proposed at this time provides for alternate materials in window installations and has been approved by the Police Department and the Building Department. It is the recommendation of the City Attorney that the ordinance be offered III for first reading. Councilman Kirkpatrick offered Ordinance No. 1662 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16.09 of the Redding Municipal Code by amending Section 16.09.040 of said Chapter 16.09, pertaining to alternate materials for building security. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-110-140) Le Chamois (Rayona & William Langdon) 630 North Market Street Pacific Gas and Electric Company: (S-050-350) Notice of Request to Recover Through Rates the Cost to Retire and Recommission Humboldt Bay Power Plant, No. 3 Shasta-Cascade Wonderland Association: (B-130-030-700) Publicity 1 "One Can Feed Families" Program sponsored by the Soroptimist III (M-050) International House of Pancakes ADJOURNMENT There being no further business , at the hour of 8:33 P.M. , Vice Mayor Pugh declared the meeting adjourned. APPROVED: i '-rice,,, ATTEST: , g.,?• /-e_e_., .40 'l , ' !--,--g-,,' vi 2 Deputy City C erk / 10/3/83