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HomeMy WebLinkAboutMinutes - City Council - 1984-08-06 213 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California August 6, 1984 The Pledge of Allegiance to the Flag was led by City Manager Courtney. The invocation was offered by Pastor Jim Sturges of the Lake Boulevard Church of the Nazarene. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Demsher, Fulton, Gard, Pugh, and Kirkpatrick Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Electric Director Lindley, Engineering Manager Ryan, Electrical Engineer Hurley, Associate Electrical Engineer Nichols, Parks and Recreation Director Riley, Housing & Redevelopment Administrator Henson, Director of Finance Downing, Director of Data Processing Kelley, Senior Associate Planner Keaney, Airports Director Homan, City Clerk Nichols, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of July 16, 1984 Approval of Payroll and Accounts Payable Registers B-130-110) Recommend that Accounts Payable Register No. 2, check nos. 99124 through 99638 inclusive, in the amount of $3,164,739.92, be approved and paid, and Payroll Register No. 1 , check nos. 193661 through 194343 inclusive, in the amount of $498,880.14, for the period July 1 , 1984 through July 14, 1984, be approved, and Payroll Register No. 2, check nos. 194344 through 195024 inclusive, in the amount of $498,401.05, for the period July 15, 1984, through July 28, 1984, be approved. Total : $4,162,021.11. Claims for Damage and Personal Injury - 1st Hearing Charles Adams - Claim for Damages filed 7/3/84 Recommend denial (C-090-020) Ernie Loveless - Claim for Damages filed 7/16/84 Recommend denial and refer to Insurance Carrier (C-090-020) Bill & Lisa Nixon - Claim for Damages filed 7/17/84 Recommend denial (C-090-020) Marilyn McCarthy - Claim for Damages filed 7/18/84 Recommend denial (C-090-020) Sandralee Henry by California State Auto Association - Claim for Damages filed 7/19/84 Recommend referral to Insurance Carrier and set for second hearing September 4, 1984 (C-090-020) 8/6/84 214 Anna Wong - Claim for Damages filed 7/24/84 Recommend payment in the amount of $50 (C-090-020) Victoria Martin by Attorney Larry Moss - Claim for Personal Injury filed 7/13/84 Recommend denial and refer to Insurance Carrier (C-090-050) Claims for Damage and Personal Injury - 2nd Hearing Pacific Telephone - Claim for Damages filed 6/12/84 Recommend payment in the amount of $171 .60 (C-090-020) Award of Bid - Aluminum Light Standards (B-050-100) City Manager recommends that Bid Schedule No. 1549, aluminum light standards, be awarded to Norcal Electric Supply, Inc. in the amount of $24,761 .60, sales tax included. Payment of PIC Invoice - Emergency PCB Cleanup (E-090-160) Electric Director recommends approval of an invoice from Petroleum Industrial Cleaning for the cleanup and disposal of contaminated materials from a leaking transformer located in front of a residence at 355 Rosemary Lane. He advised that the invoice was in the amount of $18,893.46; however, discussions with the contractor indicate that the City is due a substantial credit on this amount. Therefore, it is the recommendation of the Electric Director that Council approve payment of the final invoice in an amount not to exceed $18,893.46. Annexation Request No. 84-3 - Twin View Boulevard (A-150-068) Planning Director recommends that Annexation Request No. 84-3, Twin View Boulevard, be referred to the Board of Administrative Review for environmental review and to City departments for review and comment. Set Public Hearing - Rezoning Application RZ-8-84, by Quartz Hill Land Development Company (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , August 20, 1984, to consider Rezoning Application RZ-8-84, by Quartz Hill Land Development Company. Resolution - Setting Public Hearing re Abandonment Application A-7-84, by Boyce Muse (A-010-100) Planning Director recommends that Resolution No. 84-154 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of Twin View Boulevard adjacent to 1172 Twin View Boulevard (A-7-84) , and setting a public hearing for 7:30 P.M. , September 4, 1984. Resolution - re Application for Rental Rehabilitation Grant Program (G-100-030-760) Planning Director recommends that Resolution No. 84-155 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file an application for funding under the rental Rehabilitation Grant program in the amount of $200,000.00 with the Department of Housing and Urban Development. 8/6/84 215 Lease Agreement - re Archaeological-Site Protection (CA-SHA-47) (L-010-035) Planning Director recommends that the City Manager be authorized to enter into a lease agreement with the owner of Benton Ranch, for property located north of the Civic Auditorium across the river. He advised that leasing the 17-acre archaeological site would allow better enforcement of the "no trespassing" signs and hopefully will curb the vandalism which has been occurring on the site. Mr. Perry noted that the property is slated for dedication to the City at the time of development of the remaining portion of the Benton Ranch. Negative Declaration - Redding Tourist and Convention Bureau, Bid Schedule No. 1541 (B-050-020 and C-050-775) Planning Director recommends that Council make the following findings re Bid Schedule No. 1541 , Construction of the Redding Tourist and Convention Bureau: 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, ratify the negative declaration approved by the Board of Adminis- trative Review on February 29, 1984. Resolution - re CAAP Loan Application for Benton Airpark (G-100-170 and A-090-020) Airport Manager recommends that Resolution No. 84-156 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a loan application for the replacement of obsolete runway lights at Benton Airpark and authorizing the City Manager to execute the appropriate documents. Notice of Completion - Reconstruction of Placer Street from Highland Avenue to San Francisco Street (B-050-020 and S-070-100) Public Works Director recommends that Bid Schedule No. 1485 (Job No. 9328) , awarded to Tullis & Associates , Inc. for the reconstruction of Placer Street from Highland Avenue to San Francisco Street (final contract price, $91 ,011 .85) , be accepted as satisfactorily completed and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Dusty Lane Storm Drain Improvements (B-050-020 and S-070-300) Public Works Director recommends that Bid Schedule No. 1492 (Job No. 9402) , awarded to Tullis & Associates, Inc. for Dusty Lane Storm Drain improvements (final contract price $50,895) , be accepted as satis- factorily completed and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Rehabilitation of Old City Hall (B-050-020, G-100-170 and C-050-500) Public Works Director recommends that Bid Schedule No. 1524 (Job No. 9423) , awarded to Ken Behnke for the rehabilitation of Old City Hall (final contract price $96 ,227) , be accepted as satisfactorily com- pleted and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Lake Blvd. East/Boulder Drive Water Line Replacement (B-050-020 and W-030-725) Public Works Director recommends that Bid Schedule No. 1533 (Job No. 8/6/84 216 9453) , awarded to Marshall Worley Construction, Inc. for the Lake Blvd. East/Boulder Drive water line replacement (final contract price $45,052) , be accepted as satisfactorily completed and that the City Clerk be authorized to file a Notice of Completion. Resolution Accepting Streets and Acceptance of Final Map and Improve- ments - Gregory Estates Subdivision '77:U70-230 and S-100-255) Public Works Director recommends that Resolution No. 84-157 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Jessica Lane, Chelsa Circle and a portion of Jasmine Way in the Gregory Estates Subdivision. It is further recommended that improvements in Gregory Estates Subdi- vision be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution Accepting Streets and Acceptance of Final Map and Improve- ments - Lake Boulevard Center Subdivision 7'7-T70-230 and S-100-407) Public Works Director recommends that Resolution No. 84-158 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Via Veneto in the Lake Boule- vard Center Subdivision. It is further recommended that improvements in Lake Boulevard Subdivi- sion be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution Accepting Streets and Acceptance of Improvements - Parkwood Estates Subdivision, Unit No. 3 *(5-070-230 and S-100-583) Public Works Director recommends that Resolution No. 84-159 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Oakmont Drive and a portion of South Ridge Drive in the Parkwood Estates Subdivision, Unit No. 3. It is further recommended that improvements in the Parkwood Estates Subdivision, Unit No. 3 be accepted as satisfactorily completed and that the City Clerk be instructed to return the securities to the developer. Resolution Accepting Streets and Acceptance of Improvements - Woodside Meadows Subdivision, Unit No. 3 *(5-070-230 and S-100-820) Public Works Director recommends that Resolution No. 84-160 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Cedarwood Court, Cedarwood Drive and a portion of Woodside Meadows Drive in the Woodside Meadows Subdivision, Unit No. 3. It is further recommended that improvements in the Woodside Meadows Subdivision , Unit No. 3, be accepted as satisfactorily completed, and that the City Clerk be instructed to return the securities to the developer. Resolution - Ordering Abatement of Property at 1031 Bond Street (A-030-070) City Attorney recommends that Resolution No. 84-161 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement 8/6/84 217 of the unsafe and unsightly building and debris on the property at 1031 Bond Street (owned by Howard Steinbach) . Resolution - Ordering Abatement of Property at 2865 Henderson Road (A-030-070) City Attorney recommends that Resolution No. 84-162 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 2865 Henderson Road (owned by Donald Perry, et al ) . Resolution - Approving Issuance of Tax Allocation Notes by the Redding Redevelopment Agency (R-030-050) City Attorney recommends that Resolution No. 84-163 be adopted, a resolution of the City Council of the City of Redding approving the issuance of $2,135,000 principal amount of tax allocation notes of the Redevelopment Agency of the City of Redding to finance a portion of the cost of a redevelopment project in said city known as the Canby- Hilltop-Cypress Redevelopment Project. Lease Agreement - Redding Air Service ( A-090-100-722) City Attorney recommends approval of a five-year extension of a lease between the City of Redding and Redding Air Service for their opera- tion at the Redding Municipal Airport, commencing August 1 , 1984, and terminating July 31 , 1990. Purchase Agreement - Dana Drive Realignment (C-070-010 and S-070-100) City Attorney recommends approval of an agreement to purchase approxi- mately 1 .5 acres of property owned by the Santa Ana Valley Irrigation Company (portion of Assessor' s Parcel No. 71-150-10) , for the realign- ment of Dana Drive as part of the Churn Creek Road Overcrossing project. He advised that the agreement represents a negotiated price of $201 ,250.00. MOTION: Made by Council Member Gard, 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, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution Numbers 84-154, 84-155, 84-156, 84-157, 84-158, 84-159, 84-160, 84-161 , 84-162, 84-163, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request to Sell Liquor at Senior Citizens Hall - Anderson Union High School Class Reunion (A-110-100) A letter was received from Sharon Abersold requesting permission to sell alcoholic beverages at the Senior Citizens Hall for a Anderson Union High School Class Reunion, August 11 , 1984. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving the request to sell alcoholic beverages at the Senior Citizens Hall as stated above. The Vote: Unanimous Ayes Letter from John Hoeflich, Redding Transit - re Relocation of Bus Stop (T-100-070) John Hoeflich, owner and operator of the Redding Transit, requested 8/6/84 218 the City Council to allow him to move his central downtown terminal bus stop from its present location on Butte Street to a point approxi- mately 100 feet towards the intersection of Butte and Pine Streets. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the above request be referred to the Redding Area Bus Authority for determination of the request. The Vote: Unanimous Ayes Letter of Resignation from Richard Riis - Parks and Recreation Commis- sion (B-080-350) A letter of resignation was received from Richard Riis, member of the Parks and Recreation Commission. Mr. Riis pointed out that he has seen the Parks and Recreation Department grow from a one man operation with limited programs and facilities to an effective team of profes- sionals who offer a wide and varied range of programs. He said the many changes that have evolved over his twenty-six years as Commis- sioner are a credit to the many supportive and enlightened Council- persons, the numerous hard working and interested Park and Recreation Commissioners, a recreational minded citizenry desiring quality programs and good facilities , as well as an excellent professional staff. Mr. Riis pointed out some issues that require immediate and continued attention by the City, such as preserving riverfront pro- perty for public use. Mayor Kirkpatrick emphasized that the advise and support expressed in Mr. Riis' letter is typical of him and his past twenty-six years of dedicated service to the Parks and Recreation Commission. Council Member Demsher express his thanks to Mr. Riis for his long years of service to the City and pointed out that he has seen much progress and change in a department that has grown into an effective organization. Mr. Demsher concurred with Mr. Riis' recommendation that the City should continue to acquire riverfront land and make it available to all citizens whenever possible. Council Member Gard concurred and pointed out that she does not believe any other commissioner has served as long as Mr. Riis and said the letter of appreciation should be an exceptional one. MOTION: Made by Council Member Demsher, seconded by Council Member Gard accepting the resignation of Parks and Recreation Commissioner Riis. The Vote: Unanimous Ayes ORDINANCE - Residential Parking Permits (P-030-240 and C-110-100) MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that full reading of Ordinance No. 1694 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Ordinance No. 1694 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 11 .24 of the Redding Municipal Code by adding Sections 11 .24.330 and 11 .24.340, pertaining to residential parking permit areas. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. 1694 is on file in the office of the City Clerk. 8/6/84 219 COUNCIL MEMBER GARD - Report from National League of Cities (L-040-150-400) Council Member Gard reported on her recent meeting of the Housing and Community Development Steering Committee, of the National League of Cities. She emphasized the effect of the reenactment of the mortgage revenue bonds by Congress, but added that the decision to limit the use of industrial development bonds on a state-by-state basis of $150 per capita or $200,000,000 whichever is less, should adversely affect California. Ms. Gard referred to the so-called "flat tax" proposal which is an area of great concern and will have a large impact on housing availability. She reviewed the several other aspects of the meeting and emphasized the importance of Redding's direct membership with the National League of Cities. She said she will continue to persist for the improvement housing policies. LEAGUE OF CALIFORNIA CITIES - Designation of Voting Delegate for Annual Conference (L-040-150) MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the following persons be designated as voting delegates for the League of California Cities: Mayor Kirkpatrick - Voting Delegate Council Member Gard - Alternate City Attorney Hays - Alternate Planning Director Perry - Alternate The Vote: Unanimous Ayes 1984-85 BUDGET STUDY SESSIONS (B-130-070) City Manager Courtney requested that Council schedule a study session during the latter part of August to consider the preliminary 1984-85 City Budget. With the concurrence of Council , Mayor Kirkpatrick advised that a specific date for the budget study session will be decided later this month. RESOLUTION - re Foreclosure Proceedings on North Point Assessment District (A-170-050-360) Finance Director Downing advised that in an effort to reduce the amount of 1915 Special Assessment District delinquencies, the Finance Department has developed and instituted procedures to provide the timely follow up of past due special assessment district billings. She said every effort is made to arrange a payment program that is satisfactory to both the City and the property owner involved prior to any foreclosure action. It is the recommendation of the Finance Director that a resolution be adopted authorizing judicial proceedings to commence foreclosures on Assessment Numbers 1 , 2, and 3. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-164 be adopted, a resolution of the City Council of the City of Redding authorizing and directing judicial foreclosure proceed- "' to commence. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-164 is on file in the office of the City Clerk. 8/6/84 220 CITY OF REDDING PACKAGE INSURANCE PROGRAM (B-050-050) Finance Director Downing reviewed her memorandum to Council dated August 1 , 1984, which is incorporated herein by reference. She advised that the City insurance carrier has explored the marketplace and found no companies interested in quoting the City for fully insured programs. Therefore, it is the recommendation of the Finance Director, based on the past loss history record, that self insurance is not economical at the present time. It is further recommended that premium billings be authorized for payment and the insurance coverage be ratified as follows: Policy Period: July 1 , 1984 to June 30, 1985 Coverage Company Premium Comprehensive General Fireman's Fund $381 ,080 and Automobile Liability Insurance Company Excess Liability Industrial Underwriters/ $ 57,045 Difference in Condition First State $ 26,250 MOTION: Made by Council Member Pugh, seconded by Council Member Demsher ratifying the insurance coverage and authorizing payment of the premium billings as stated above. The Vote: Unanimous Ayes AGREEMENT FOR HOUSING SERVICES - Consumers Aid of Shasta County (G-100-030-015) Planning and Community Development Director Perry advised that in the 1984 program year, $2,050 in CDBG funds was set aside for housing services. He said these services will be provided by Consumers Aid of Shasta and are to be used to secure additional tenant/landlord counseling. This additional funding will help meet the increased demand CAOS has had for this type of assistance during the past year. It is the recommendation of staff that an agreement be approved to pay CAOS the sum of $2,050 over a 12-month period in consideration for providing consumer aid services in the form of tenant/landlord counseling. In response to an inquiry from Council Member Fulton, Mr. Perry advised that CAOS' expertise in this area is based primarily on practical experi- ence. Housing and Redevelopment Director Henson remarked that this is a program that does require special expertise. He said in many cases the landlords are reluctant to come to the City if they have a critical problem and the same is true of tenants. Mr. Henson emphasized that if the City hears of such a problem they can refer them to CAOS. He emphasized that the City does not have the staff or financial resources to develop such a program. He added that this program has been recommended by the Citizens Advisory Committee. MOTION: Made by Council Pugh, seconded by Council Member Gard approving and authorizing the Mayor to sign an agreement, whereby the City will pay CAOS the sum of $2,050 over a 12-month period in consideration for provid- ing tenant/landlord counseling. The Vote: Unanimous Ayes REQUEST TO SELL BEER - Redding Softball Park (A-110-100) Parks and Recreation Director Riley advised that the Northern California Athletic Club has requested permission to sell beer during the Women' s "B" Slow Pitch Regionals which will be held on August 17 - 19, 1984, at the 8/6/84 221 Softball Park. The Parks and Recreation Commission recommended approval of this request. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton approving the request of the Northern California Athletic Club to sell beer at the Redding Softball Park, on August 17 through 19, 1984, subject to the usual conditions. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None REQUEST TO SELL BEER - Asphalt Cowboys Annual Barbecue (A-110-100) Parks and Recreation Director Riley advised that the Asphalt Cowboys have requested permission to sell beer during their barbecue at Lake Redding Park on September 9, 1984. He stated that the Parks and Recreation Commis- sion recommended denial of this request. Mayor Kirkpatrick asked if they intended to impose the same security measures as they had last year. Mr. Leo Winter, spokesman from the Asphalt Cowboys, indicated that the same restrictions and control measures will be used as were used last year. He noted that no wine will be sold as orig- inally requested. Council Member Gard emphasized that the City has had problems with the use of alcohol in the parks and it seems inconsistent to her that the City should sanction the sale of alcoholic beverages. Mayor Kirkpatrick pointed out that the use of alcohol in City parks is controlled by permit. Council Member Demsher concurred and emphasized that this event was ap- proved last year with the understanding that if there were any problems , it would not be approved the following year. He felt the intention of the ordinance is being accomplished by allowing the controlled use of alcohol in City parks by permit. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving the request of the Asphalt Cowboys to sell beer at their annual barbecue at Lake Redding Park on September 9, 1984. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None PUBLIC HEARING - re Abandonment Application A-3-84, by Frank Wilson (A-010-040) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Abandonment Application A-3-84, by Frank Wilson. 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 August 3, 1984 The City Clerk advised that one letter of protest has been received from John Williams of the Park Marina Village Shopping Center. 8/6/84 222 Planning and Community Development Director Perry suggested that in light of the points brought out in the letter from Mr. Williams, the matter should be referred back to the Planning Commission, to allow staff to research the matter further. It was noted that staff was not aware that the subject property may be an access easement to the Park Marina Village Shopping Center. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Abandonment Application A-3-84, by Frank Wilson, be referred back to the Planning Commission for further review. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-11-84, by Frank Wilson (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-11-84, by Frank Wilson. 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 August 3, 1984 The City Clerk advised that no protests have been received; however, a letter was received from Cindy Rowland, President of the Downtown Mall Association, along with a petition containing the signatures of 15 business people in the Mall . The letter asks that the City encourage good development on the west side of Redding, particularly as it relates to commercial , office, and retail space that enhances the business climate of Redding. They asked for consistent standards for development and construction on the west side of Redding. Planning and Community Development Director Perry reviewed his memo- randum to Council dated August 3, 1984. He stated that the Planning Commission has denied the request to rezone property located at 2705 Park Marina Drive from "U" Unclassified District to "C-2" Central Commercial District. A map of the area was shown on the Vu Graph. Mr. Perry stated that during the initial environmental study, several issues were noted, such as General Plan consistency, consistency with Planning Commission policy, and consistency with the City's "Scenic Waterway" designation, and the Planning Commission rezoning study along the river. He said the Commission recommended denial of the application, thus, CEQA does not apply. Several slides were shown to demonstrate the appearance of the property from Park Marina Drive and from the river. In response to an inquiry from Council Member Fulton, Mr. Perry advised that the use permit for the project was denied by the Planning Commission. Mr. Mike Wells, Attorney for the applicant, explained that the appli- cation is not intended to request C-2 zoning on the greenway portion. He felt the greenway designation appears to be approximately 23 to 44 feet back from the edge of the river. Mr. Wells emphasized that the purpose of his letter dated August 3, 1984, is to state that this is not an issue and his client is agreeable to a setback from the river up to 50 feet. Mr. Wells said that the 1967 Planning Commission policy and "Scenic Waterway" study has not been implemented except that the General Plan 8/6/84 22.3 has been adopted. He said Mr. Wilson is entitled to have zoning on his property consistent with the General Plan and surrounding zoning. Mr. Wells pointed out that the "U" Unclassified District requires a use permit for everything and the recommendation to study this area came after the use permit application. He remarked that when the use permit was denied, they requested C-2 zoning which is consistent with the General Plan and with the surrounding zoning. Mr. Wells noted that requiring his client to wait a considerable length of time while this study is being prepared is a violation of his civil rights. Mr. Wells stated that the Planning Department is attempting to use the "U" zoning to control Mr. Wilson's property and prevent him from developing it. He emphasized that they feel the rezoning is approp- riate and asked that it be approved. Robert Franzen, who is a tenant in the Washington Plaza owned by Frank Wilson, expressed that Mr. Wilson' s buildings are well maintained and he felt the 50 foot greenway along the river would enhance the area. Mr. Franzen recommended approval of the application because he feels it would be consistent with the type of development that has been occurring on both sides of the river for quite some time. Mr. Frank Wilson, applicant, submitted a letter from Roter Investments in favor of the project. The letter was addressed to the City of Redding but was not received prior to this meeting. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Pugh , Mr. Perry advised that the potential for "site plan review" is available with the C-2F zoning category but not with the C-2 category. However, he noted that right of way dedication could not be required. Council Member Gard commented that the opportunity for development exists right now; it is just a matter of meeting certain criteria. She added that the problem is with the C-2 standards which are non- existent. Council Member Pugh emphasized that his main concern is going from a totally controlled district to a totally uncontrolled district. He said he not as concerned about the height as the flow-through view to the river. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Rezoning Application RZ-11-84, be referred back to the Planning Commission to review the C-2F District. The Vote: Unanimous Ayes PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, by Lowell J. Simons (S-100-7071 The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, by Lowell J. Simons. 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 8/6/84 224 Planning and Community Development Director Perry advised that the applicant has requested that the public hearing be continued for an additional four weeks and it is recommended that this additional time be granted. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing re appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, be continued to 7:30 P.M. , September 4, 1984. The Vote: Unanimous Ayes PUBLIC HEARING - re Draft Housing Element of the General Plan (G-030-070) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re the Draft Housing of the General Plan. 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 August 2, 1984 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 August 2, 1984. He advised that the Planning Commission has unanimously recommended adoption of the new Housing Element, which consists of standards and plans for the improvement of housing and for provision of adequate sites for housing. Mr. Perry stated that implementation of the Element will occur through the Land-Use Element and Zoning Ordinance changes and as financing becomes available for various programs. It is the recommendation of both the Commission and staff that Council adopt the revised element, that the negative declaration be ratified and a resolution be adopted. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing he closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Gard approving the revised Housing Element of the General Plan, and making the following findings: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. and, ratifies the Negative Declaration approved by the Planning Commission on May 22, 1984. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Resolution No. 84-165 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting a new Housing Element. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None 8/6/84 225 Resolution No. 84-165 is on file in the office of the City Clerk. PUBLIC WORKS PLANNING REPORTS - August 1984 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for August 1984. AGREEMENT - Northern California Emergency Medical Services, Inc. (C-175-825-100 and 1-100-030) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving an agreement with Northern California Emergency Medical Services, Inc. for the provision of emergency medical dispatching services for ambulances in the City of Redding and environs; said agreement is on an automatic renewal basis on July 1 of each year, unless written notice of change or termination shall be given by either party. The Vote: Unanimous Ayes with Council Member Pugh abstaining RESOLUTION - re Condemnation Action Involving Pinal Water Company (W-030-700-300) City Attorney Hays advised that some time ago, the City entered into a Purchase Agreement with the Pinal Water Company subsequent to the annexa- tion of the Westwood Manor area. He stated that the agreement requires that the Public Utilities Commission approve the sale, and to date they have failed to act on the application. Mr. Hays advised that Counsel for the Pinal Water Company and his office have been discussing methods by which the sale could be consummated and it was agreed that this could be accomplished through condemnation proceed- ings. It is the recommendation of the City Attorney that a resolution be adopted to commence eminent domain proceedings. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 84-166 be adopted, a resolution of the City Council of the City of Redding to commence eminent domain proceedings for the acquisi- tion of the Pinal Water Company. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-166 is on file in the office of the City Clerk. ORDINANCE - re Amending Redding Municipal Code re Uniform Plumbing Code (C-110-100 and C-110-400) City Attorney Hays submitted an ordinance which was prepared at the request of the Building Official and the Streets Superintendent in order to require more efficient grease traps so that problems with the sanitary sewer system are reduced. He noted that the basic problem stems from the Plumbing Code requiring at the outset an inadequate grease trap. It is the recommendation of the City Attorney that the proposed ordinance be offered for first reading. Council Member Fulton offered Ordinance No. 1695 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16.16 of the Redding Municipal Code by adding Section 16.16.030, pertaining to grease interceptors. 8/6/84 226 SUMMONS AND COMPLAINTS (C-090-100) City Attorney Hays advised that the following Summons and Complaints have been received by the City: Melvin Heyerly and Inga Heyerly by Attorney Daniel Haskins vs. City of Redding et al Aksel Damgaard by Attorney Robert Rehberg vs. City of Redding et al CLAIM SETTLEMENTS City Attorney Hays advised that the following claims have been settled by the City Insurance Carrier: Gary Rowe by Attorney Sean Rowe - Claim for Personal Injury filed 10/20/84 Settled in the amount of $4,000 (C-090-100) Betty J. Bailey - Claim for Damages filed 5/7/84 Settled in the amount of $1 ,800 (C-090-020) ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-110-140) Rico' s Pizza (Jac II , Inc. ) Hartnell Avenue Elks Lodge Elks Club Bldg. United States Bankruptcy Court: (A-050-135-600) Notice of Hearing re Bankruptcy Applications for Sambo' s Restaurants, Inc. Shasta-Cascade Wonderland Association: (B-130-120) Publicity REQUEST FOR CLOSED SESSION At the hour of 8:20 P.M. , the City Attorney requested that Council adjourn to a closed session to discuss pending litigation. With the concurrence of Council , Mayor Kirkpatrick declared the meeting adjourned to closed session. ADJOURNMENT There being no further business, at the hour of 8:45 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: /4-X/2a41:#eZeiel Mayor ATTEST: City C erk 8/6/84