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HomeMy WebLinkAboutMinutes - City Council - 1980-07-07 239 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California July 7, 1980 7: 00 P.M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The meeting was called to order at 7 : 00 P.M. by Mayor Pugh with the following Council Members present: Fulton, Gard, Kirkpatrick, and Pugh. Council Members absent: Demsher Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Director of Electric Simpson, Director of Parks and Recreation Riley, Assistant City Engineer Lang, Traffic Engineer Hamilton, Airports Manager McCall, and City Clerk Brayton. Also present was Sam Sperry, Special Bond Counsel. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of June 16 , 1980 , as mailed to each Council Member. The Vote: Unanimous Ayes , with Mayor Pugh abstaining. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the adjourned regular meeting of June 20, 1980, as mailed to each Council Member. The Vote: Unanimous Ayes, with Mayor Pugh abstaining. WRITTEN COMMUNICATIONS Casino Club Card Room Permit - Transfer of Ownership An application for Card Room Permit was received from Wayne Harris, who is now a new partner in the business with Jim Westberg, one of the original owners . City Code requires any new owner/partner of a card room to apply for said permit and must be investigated and finger- printed by the Police Department. The Police Department has completed its investigation of Mr. Harris and has de- termined there is no valid reason for not approving this change in ownership. MOTION: Made by Councilman Fulton, seconded by Council- man Kirkpatrick approving a Card Room Permit for the part- nership of Mr. Jim Westberg and Mr. Wayne Harris , dba The Casino Club. The Vote: Unanimous Ayes Letter from Jim Westberg, part-owner of Casino Club A letter was received from Jim Westberg, part-owner of the Casino Club, requesting Council approval to expand the card room operation and add a restaurant. Mr. Westberg requests approval for up to twelve tables . It was noted that Council may, on recommendation of the Chief of Police, grant permission to operate card tables in excess of seven. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton referring the abovementioned request to the Chief of Police for recommendation. The Vote: Unanimous Ayes 7/7/80 Ir 240 Resignation of India Newton - Civic Arts Commission The City Clerk' s office was advised that India Newton , member of the Civic Arts Commission, did not wish to be reappointed. Her term of office expired in May. Councilwoman Gard expressed concern for the Civic Arts Commission and suggested a possible meeting between the �� �� Commission and the Museum Board to discuss ways in which , b) the Commission could take a more active part in the cultural activities of the community. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton accepting with regret the resignation of India Newton as a member of the Civic Arts Commission. The Vote: Unanimous Ayes Letter of Resignation from Sandy Kratovil, Parks and Recrea- tion Commission A letter of resignation was received from Sandy Kratovil, member of the Parks and Recreation Commission. ',U rt MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard accepting with regret the resignation of Sandy Kratovil as a member of the Parks and Recreation Commission. The Vote: Unanimous Ayes Mayor Pugh advised Council that names should be submitted to him for consideration to fill these two Commission vacancies. Redding Swim Club - Request to Serve Beer A request was received from Pat Mitchell , Secretary of the Redding Swim Club to serve beer at a swim meet held on July 4, 5, and 6 , at the Redding Plunge in Caldwell Park. City Clerk Brayton advised that a telephone poll was taken on this matter as it would take place prior to the Council meeting, and ascertained that four Council Members were in favor of the request and one Member against. It is in order for Council to ratify said telephone poll . MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton ratifying the telephone poll to approve the request of the Redding Swim Club as hereinbefore described. Voting was as follows : Ayes : Council Members - Fulton, Kirkpatrick, and Pugh Noes : Council Members - Gard Absent: Council Members - Demsher Mayor Pugh noted that the assistance from the City for this event was excellent as was the condition of the park follow- ing the meet. He stated there were 200 to 300 swimmers in attendance in addition to parents and friends. Mayor Pugh also noted that the beer was served only at the lunch break and following the meet, and further noted that no alcohol or tobacco was allowed in the plunge area during the meet. He commented that the event was handled very well and all facilities were left in excellent condition. He thanked the City for the assistance it gives each year for this event. WILSEY-WILLOWBRAE ASSESSMENT DISTRICT NO. 1979-2 31 The following documents were submitted by Special Bond Counsel 7/7/80 241 Sperry for filing and adoption relative to Wilsey-Willowbrae Assessment District No. 1979-2: RESOLUTION - Awarding Contract MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-147 be adopted, a resolu- tion of the City Council of the City of Redding awarding the construction contract to Glenn W. Shook, Inc. , on their low bid in the amount of $265, 946 . 00 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-147 is on file in the office of the City Clerk. Notice of Award of Contract Special Bond Counsel Sperry advised that bids for bonds have not yet been received and therefore the project is not yet funded. He noted that the time period for filing a suit challenging these proceedings lapsed last Thursday. Mr. Sperry felt it was prudent to award the contract at this time, thus saving two weeks of construction time. He advised that the bids for bonds would be received at the next City Council meeting. In response to an inquiry from Councilwoman Gard, Mr. Sperry advised that the City would advance funds for the project until the bonds are sold. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTERS MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Accounts Payable Register No. 24 , check nos . 71027 through 71335 inclusive, in the amount of $627 , 459 . 74 , ip�`' be approved and paid, Accounts Payable Register No. 01 , check nos. 71336 through 71401 inclusive, in the amount of $971, 769 . 39 , be approved and paid, and that Payroll Register No. 26 , check nos. 131560 through 132159 inclusive, in the amount of $349, 283. 22, for the period June 8 , 1980 through June 21, 1980 , be approved. Total $1, 948 , 512 . 35, Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Kenneth W. Brown - Claim filed 6/25/80 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard ratifying the action taken by staff 3 that payment be made to Mr. Brown in the amount of i � $50 for Claim for Damages filed June 25, 1980 . The Vote: Unanimous Ayes Jeanne Young - Claim filed 6/13/80 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damages filed by Jeanne Young on June 13, 1980, be referred to the City Insurance Committee, 23 and the City Clerk be instructed to place the claim on the Agenda for July 21, 1980. The Vote: Unanimous Ayes 7/7/80 242 O. K. Chenoweth - Claim filed 6/13/80 MOTION: Made by Councilman Fulton, seconded by Council- 3 woman Gard that Claim for Damages filed by O. K. Chenoweth on June 13, 1980, be approved for payment in the amount of $29 . 75. The Vote: Unanimous Ayes California State Automobile Association on behalf of their insured Eileen F. Bernard - Claim filed 6/30/80 MOTION: Made by Councilwoman Gard, seconded by Council- man Fulton that Claim for Damages filed by the California . State Automobile Association on behalf of their insured Eileen F. Bernard on June 30, 1980 , be referred to the City Attorney and City Insurance Carrier and the City Clerk be instructed to place the item on the Agenda for August 4, 1980. The Vote: Unanimous Ayes { SUMMONS AND COMPLAINTS City Attorney Hays advised Council that the City has been served with the following Summons and Complaints: 1) Goldstein, Barceloux & Goldstein, attorneys on behalf of Wayne W. Hansen vs. City of Redding et al i � 2) Robert A. Rehberg, attorney on behalf of George and Marcia Holiday vs . City of Redding et al The above Summons and Complaints have been referred to the City Insurance Carrier. ORDINANCE - Rezoning Application PD-9-79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the full reading of Ordinance No. 1496 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes 11_i MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Ordinance No. 1496 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 re- zoning of certain real property in the City of Redding (PD-9-79) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Ordinance No. 1496 is on file in the office of the City Clerk. ORDINANCE - re Board of Administrative Review MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the full reading of Ordinance No. 1497 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1497 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 18 . 60 of the Redding Municipal Code by repealing Section 18. 60 . 010 and substituting therefor a new Section 18. 60 . 010 , pertaining to the Board of Administrative Review. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None { Absent: Council Members - Demsher { 7/7/80 243 Ordinance No. 1497 is on file in the office of the City Clerk. Councilwoman Gard - re People of Progress Garden Site Councilwoman Gard requested that discussion pertaining to the People of Progress garden site be held over to the next regular 4) ,/Y1. Council meeting of July 21, 1980. She also stated that Council will be given a copy of the letter from the Department of Fish and Game advising the P .O.P. that they will no longer have the � r use of the site currently being used for the P.O.P. Community garden. CITY OF REDDING PACKAGE INSURANCE PROGRAM Assistant City Manager Courtney reviewed a report to Council dated July 2, 1980 , concerning the City ' s Package Insurance Program. He stated that proposals have been submitted by Insurance Associates , Huffaker Insurance Agency, Inc. , and Marsh and McLennan Insurance. Mr. Courtney advised Council of the quotations received for the Multi-Peril Package policy, the Blanket Excess Liability insur- ance and the "Difference in Conditions" or Errors and Omissions coverage, for the period July 1, 1980 through July 1, 1981. He noted that an alternative insurance program proposed by Marsh and McLennan proposes that the City would be self-insured up to $50, 000 on each claim with an aggregate limit in the amount of $300 , 000 . Although the cost of this program is considerably less, staff is not confident that there would be assured savings under a self-insurance program. Staff recommends that the follow- ing insurance contracts be authorized for the July 1, 1980 , to July 1, 1981, policy period: Multi-Peril Coverage Insurance Associates/Fireman' s Fund $285, 374 (Auditable premium) Blanket Excess Liability Coverage Huffaker Insurance Agency/Transcontinental $ 40 , 000 ($10, 000, 000 limit) Errors and Omissions Coverage Huffaker Insurance Agency/First State $ 18 , 782 . 40 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Assistant City Manager and authorizing insurance contracts as hereinabove described. The Vote: Unanimous Ayes GENERAL PLAN AMENDMENT APPLICATION GPA-1-80 - by Brent Owen Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980. He stated that at its regular meeting of June 24, 1980, the Planning Commission unan- 1� 5 imously recommended amendment of the General Plan for property located generally north of Lake Boulevard, east of Alder Street and West of Highway 273. A map depicting the location of the property was shown on the Vu Graph. It is recommended that Council set a public hearing for 7: 30 P.M. , July 21, 1980 to consider said amendment. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the aforestated recommendation to set a public hearing date. The Vote: Unanimous Ayes 7/7/80 244 REZONING APPLICATION RZ-2-80 - Mt. Lassen Machinery Company Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 . He stated that at its regular meeting of April 22, 1980, the Planning Commission amended its recommendation for rezoning 235 acres located north of Caterpillar Road, east of the Old Beltline Road, and south of l �� Oasis Road, from "U" Unclassified District to "PI-BIA-F" Planned 11Industrial District, "CO-BR-B20-F" Office District, and "U-F" Unclassified District. A map depicting the location of the property was shown on the Vu Graph. It is recommended that Council set a public hearing for 7 : 30 P .M. July 21, 1980 to consider said rezoning. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the aforestated recommendation to set a public hearing date. The Vote: Unanimous Ayes ABANDONMENT APPLICATION A-5-80 - by Robert Gustafson Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 . He stated that at its regular meeting of June 24 , 1980, the Planning Commission unanimously recommended abandonment of a portion of a sewer "� easement on property located at 3404 Cessna Drive. A map de- /� picting the location of the property was shown on the Vu Graph. It is the recommendation of staff that a public hearing be set for 7: 30 P .M. , August 4 , 1980, to consider the abandonment, by adoption of a resolution setting the public hearing. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Council- ; woman Gard that Resolution No. 80-148 be adopted, a resolution of the City Council of the City of Redding declaring its in- tention to vacate and abandon a portion of a sewer easement on Cessna Drive. Voting was as follows: Ayes: Council Members - Fulton Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-148 is on file in the office of the City Clerk. STREET NAME CHANGE - Portion of Bechelli Lane to South Bonnyview Rd. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980. He stated that at the GI conclusion of a public hearing on June 24 , 1980 , the Planning Commission unanimously recommended renaming the 4900 and 5000 blocks of Bechelli Lane to South Bonnyview Road. A map depicting the subject portion of Bechelli Lane was shown on the Vu Graph. Mr. Perry stated that with the construction of the South Bonny- view Bridge, South Bonnyview Road was extended across the Sacramento River to Interstate 5. Bechelli Lane was changed to a "T" intersection with the new road. It is the recommenda- tion of both the Commission and staff that subject portion of Bechelli Lane be renamed South Bonnyview Road, and that the City Attorney be asked to prepare the necessary resolution. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard approving the recommendation of the Planning Commis- sion and staff that a portion of Bechelli Lane be renamed as hereinbefore described, and that the City Attorney be instructed to prepare the necessary resolution. The Vote: Unanimous Ayes 7/7/80 245 Traffic Engineer Hamilton noted that this change will effect the signing of Interstate 5 and that Caltrans is aware of the situation. FINAL ENVIRONMENTAL IMPACT REPORT/STATEMENT - Cascade Sewer Trunks Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 . He stated that pre- viously submitted for Council' s review was the final environmental j impact report for the Cascade sewer trunks . The project is funded , 1 �, by the Community Development Program in the amount of $700 , 000 . Said project will extend trunk sewer lines to the west side of Highway 273 in the Cascade area. In order to award the bid for this project, it is requested that Council adjourn its regular meeting of July 21, 1980, to 12: 00 Noon, July 22, 1980, as this is the first day after the circu- lation period of an environmental impact statement that a bid can be awarded. Council acknowledged that it is their intention. to adjourn their regular meeting of July 21, 1980 to July 22 , 1980 at 12 : 00 Noon. TENTATIVE SUBDIVISION MAP OF MILLER HEIGHTS Council was advised that the Planning Commission has approved the Tentative Subdivision Map of Miller Heights, S-8-80 , sub- ject to twenty-four conditions of approval. Council was pro- vided a list of the conditions and a map depicting the location of the property was shown on the Vu Graph. W '�� Mr. .Perry.- noted that, atthe hearing; the Commission also recom- mended to Council that the City participate in the oversizing of the storm drain along Derby Lane in accordance with the formula outlined in Condition No. 22, as during periods of moderate to intense rain, flooding occurs along Derby Lane. The two solu- tions are to install new storm-drain pipe along Victor Avenue and Derby Lane, or to direct the majority of the flows from this property to the east by grading a larger portion of the property to drain to Churn Creek. This subdivision comprises approximately 23 percent of the watershed tributary to Derby Lane . It is the opinion of the Commission and staff that this is a good opportunity to remedy an existing problem that would con- tinue even if the property were graded to drain to the east. The estimated cost of the City ' s participation is approximately $10 , 000, which can come from the Public Works Drainage Channel Participation Fund in the 1980 budget. A portion of this ex- penditure could be recovered from formation of a special benefit district after adoption of a master storm-drain plan. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Planning Commission and staff to oversize the storm drain along Derby Lane as hereinbefore described. The Vote: Unanimous Ayes FINAL ENVIRONMENTAL IMPACT REPORT - South Bonnyview Substation and 115 KV Transmission Line Council was given copies of the final environmental impact report for the proposed South Bonnyview Substation next to the South Bonnyview Fire Hall. The report was certified adequate by the Planning Commission on June 24, 1980. Planning and Community Development Director Perry advised that the Commission recommended that Council seriously consider both the South Bonnyview site and 7/7/80 246 the Moore Road site. When Council determines to approve the project, specific findings will need to be made in accordance with the California Environmental Quality Act. Councilwoman Gard expressed concern about the primary site chosen for this project. She stated she would like Jim Simpson, Director of Electric, to take her and any other interested Council Members on a tour of the proposed sites . LAND DEVELOPMENT AGREEMENT - re City of Redding, Wiktorski , Kirkpatrick, and McCloskey Councilman Kirkpatrick abstained from discussion and voting on this item. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 . He stated that on February 13, 1980, the Planning Commission granted Ann Wiktorski permission to construct a fast-food restaurant on property lo- cated at 400 East Cypress Avenue. A map depicting the location of the property and the use permit was shown on the Vu Graph. Condition No. 19 required the combining of several parcels into one parcel by September 30, 1981. In accordance with that con- • dition, an agreement has been prepared and signed by the concerned parties. It is the recommendation of staff that Council authorize the Mayor to execute the agreement on behalf of the City. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the Land Development Agreement as hereinabove described and authorizing-•the Mayor to execute same. The Vote: Unanimous ayes with Councilman Kirkpatrick abstaining OFF-STREET PARKING AGREEMENT - John Miley Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 . He stated that at its regular meeting of April 8, 1980, the Planning Commission granted Dr. John Miley permission to develop a new office building on property located at 2355 Rosaline Avenue with less ,� �k1 than the required off-street parking. A map depicting the lo- cation of the property and the variance was shown on the Vu Graph. The variance was approved subject to the applicant' s providing the required off-street parking if a second dentist located in the building, the use changed, or a determination is made by the City that the spaces are needed. It is recommended by staff that Council authorize the Mayor to execute an agreement on behalf of the City to implement this proposal. In response to an inquiry from Mayor Pugh, Mr. Perry advised that the three additional parking spaces which may be required, could be gained by rearranging the landscaping. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard approving an off-street parking agreement with John Miley and authorizing the Mayor to execute same. The Vote: Unanimous Ayes REQUEST TO SERVE BEER - Shasta High School Class of 1970 Parks and Recreation Director Riley reviewed his memorandum to Council dated July 1, 1980. He stated that the Shasta High 1 ' .1-- School Class of 1970 would like to conduct a reunion in Lake Redding Park on August 3, 1980 which would include serving beer. 7/7/80 247 The Parks and Recreation Commission did not meet in June to review this request; however, Mr. Riley spoke to some members who recommended that the group post a $300 cleanup and damage deposit with the City Clerk, and that the function be super- vised so that minors do not have access to alcoholic beverages . MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the request from Shasta High School Class of 1970, as hereinbefore described subject to the conditions recommended by the Parks and Recreation Commission. The Vote: Unanimous Ayes PUBLIC HEARING - re Appeal of Use Permit, UP-92-80, by Applicant Joseph Cox The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re appeal of Use Permit, UP-92-80 , by the applicant Joseph Cox. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated July 2 , 1980 The City Clerk advised Council that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 2, 1980 . He stated that at its regular meeting of May 27, 1980 , the Planning Commission granted the applicant permission to establish a custom furniture shop on property located at 5831 Eastside Road in a "U" Unclassified District. Maps depicting the location of the property, the approved site plan, and the conditions of approval were shown on the Vu Graph. Subsequent to the Commission' s action, the applicant, Mr. Cox filed an appeal stating the reason was to clarify the City ' s intention re- garding improvements on Eastside Road. Mr. Cox indicated in his appeal that he does not want to both dedicate the right of way and build the street. He would like to have the issue resolved at this time rather than having the question raised again on future use permit or lot split appli- cations. The parcel is presently developed with a residence in the middle of the property and a shop building on the rear portion. In approving the application, the Commission deleted the staff recommendation that would have required the applicant to install curb, gutter, sidewalk and a parking lane adjacent to his property at the time of future development on the property. The Commission did not feel that condition should be imposed unless there was new construction occurring. The 111 Commission felt that in the future, the use of the property, due to its location and road frontage, would be intensified and that the right-of-way dedication should occur at this time. It is the recommendation of staff that Council deny the appeal but stipulate that the applicant is not responsible for any improvements outside of the dedicated area. It should be 7/7/80 248 noted that the City Code, as a condition of any building permit, requires the construction of curb, gutter, side- walk, and a parking lane along the street frontage of the area to be developed. The applicant is already obligated to install 153 feet of curb, gutter, and sidewalk along Eastside Road as his frontage now exists . What is being discussed is an additional 222 feet of frontage and the opportunities gained therefrom. Mr. Joseph Cox, 5831 Eastside Road, Redding, applicant in the appeal, spoke to Council at this time. Mr. Cox explained that he did not feel he should dedicate right of way as well as pay for improvements . It is his esti- mate that the value of the dedicated land is approximately $20, 000 and the improvements will be an additional $10 , 000 expense to him. He felt this would be a great financial burden to him as he is a small businessman and has invested everything in this piece of property. Mr. Cox stated that his only request is that he be given a use permit to move his business across the street from its previous location. Mayor Pugh ascertained that there were no further comments from the floor. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Mrs. Gard, Mr. Perry stated that the 153 feet of improvements for which Mr. Cox is now obligated will be installed on the new alignment of East- side Road. Mrs . Gard felt that exposure to the type of traffic flow which will result from the new alignment, contributes greatly to the value of the subject property. Mr. Perry stated the carrying capacity of the new street is uncertain as the usage of the property in that area would change and probably would generate more office and retail uses. Mr. Perry noted that Viacom was required to install curb, gutter and sidewalk, as well as dedicate right of way. Council Members concurred that this has been a condition required on all new development, and it is the City ' s desire to be consistent in its requirements . They felt the benefit to the property owner is that his property can be put to a much more valuable usage. Mr. Perry noted that as the Commission approved the Use Permit, they deleted the requirement for curb, gutter, and sidewalk at the present time. The property owner is now asked to dedicate only and at some future time he would be asked to install curb, gutter, and sidewalk. Councilman Kirkpatrick felt Council should deny the appeal but stipulate that the applicant is not responsible for any improvements outside the dedicated area. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton approving the staff recommendation to deny the 7/7/80 249 appeal of Use Permit UP-92-80 , and stipulate that the applicant is not responsible for any improvements outside the dedicated area. Voting was as follows : Ayes: Council Members - Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - Demsher PUBLIC HEARING - re Proposed Ordinance Regulating Home Occupations The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re proposed ordinance regulating home occupations. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing 'i-j Planning Commission recommendation dated July 1, 1980 1 ` The City Clerk advised Council that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 1, 1980 , He stated that at the conclusion of a public hearing on June 10 , 1980, the Planning Commission unanimously recommended adoption of a new ordinance regulating home occupations . A copy of the proposed ordinance and the draft negative declara- tion was submitted to Council. He explained that a home occupation is presently allowed in all residential districts subject to first obtaining a use permit. In 1979 , the City processed 143 new home occupations and renewed another 60 issued in previous years. Home occupations usually account for one-fourth to one-fifth of the Board of Administrative Review agenda. Occasionally, one will reach the Planning Commission on appeal or for interpretation. Mr. Perry stated the City ' s record with home occupations has been excellent under the present system; however, the volume of permits suggest consideration be given to an alternate procedure. The major advantages of the present system are a field review by a staff person and notification to both the applicant and his neighbors about the intended use. As an alternative procedure, the Commission and staff propose that the use permit requirement be deleted and that an applicant enter into a signed agreement with the City, whereby the applicant agrees to abide by certain minimum conditions . The principal features of the proposed ordinance are as follows: 1. The home occupation agreement, 2. Field review prior to issuance and annual inspection, 3. Right of appeal, 4. Revocation procedures. The proposed ordinance incorporates many of the policies that have been developed over the years in regard to home occupations, in order to prevent a change in the character of a residential area, to avoid creation of a nuisance to the neighbors, and to reduce code-enforcement problems . 7/7/80 250 The ordinance is based on performance rather than on a list of uses. The proposed ordinance attempts to reduce case-by- case judgment by being more precise in standards , since a use permit is no longer required. It is the recommendation of both the Planning Commission and staff that the negative declaration be ratified and that the ordinance be offered for first reading. Mayor Pugh inquired as to the notification of property owners within 300 feet of the applicant for a home occupa- tion. Mr. Perry advised that under the new procedure , neighbors would not be notified prior to the issuance of home occupation permits . He stated that if an applicant is denied a permit, he has the right to appeal; however, pro- perty owners in the area will not know about it. Council Members concurred that one of the reasons home occupations have worked so well in Redding is that neighbors as well as applicants, know what the requirements are in advance. Council feels that if neighbors are aware and con- cerned, home occupations are less likely to be abused. Council Members were concerned that the lines of communi- cations between staff and the public be kept open for the betterment of the community. Discussion ensued regarding notifying neighbors after a Y g permit has been issued, and advising them at that time of the rules and regulations and the procedure of appeal . It was determined that this would probably increase the appeal rate and would not really save staff time. Mr. Perry noted that the proposed new procedure for home occupations is really an effort to save staff time. Council Members agreed that the current procedures are working well and they feel it could create some real animosity in neighborhoods if the procedure to notify neighbors was eliminated. Mr. Luke Mutchie, 4371 Clay, Redding, spoke to Council at this time. He stated he expressed his opposition to this ordinance at the Planning Commission and is in agreement with Council ' s discussion thus far. He feels public notice is necessary. The Mayor ascertained that there were no further comments from the floor: MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the proposed ordinance regulating home occupations be referred back to staff for recon- sideration, to include a provision for public notice. I/ The Vote: Unanimous Ayes PUBLIC HEARING - re Amendment to the Municipal Code pertaining to signs and single-family residences 02 / The hour of 7: 30 P.M. having arrived, Mayor Pugh opened 7/7/80 251 the public hearing regarding amendment to the Municipal Code pertaining to signs and single-family residences . The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing i I Planning Commission recommendation dated July 1, 1980 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 memorandum to Council dated July 1, 1980. He stated that at its regular meeting of May 27 , 1980 , the Planning Commission unanimously recommended amendment of Chapters 16 and 18 of the Redding Municipal Code to permit certain signs as a permitted use in "C-2" , "C-4" , and "U" Dis- tricts and to permit certain single-family dwellings as a permitted use in the Unclassified District. Copies of the proposed ordinances , the draft negative declaration, and the existing sign regulations were submitted to Council . The amendment would essentially permit one detached sign on a parcel that meets certain minimum requirements . Signs other than the one defined "standard pole sign" would continue to have to obtain a use permit. The stand- ard pole sign would be defined in the Sign Code and referenced in the Zoning Ordinance. It is also proposed that the "U" Unclassified District be amended to allow the construction of one single-family dwelling on a subdivision lot where the general plan designates a density of six units per acre or less . This is in keeping with the development policies for "U" Un- classified areas adopted by the Commission and City Council in 1977. It is the recommendation of the Commission and the staff that Council amend Chapters 16 and 18 of the Municipal Code as outlined, that the negative declaration be ratified and that the ordinances be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Council- man Fulton that Council make the following findings re amendment to the Municipal Code pertaining to signs and single-family residences : 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. 252 and, ratifies the negative declaration approved by the Board of Administrative Review on May 15, 1980 . Councilman Fulton offered Ordinance No. 1498 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16. 32 of the Redding Municipal Code by adding to Section 16 . 32. 010 a definition for "Standard Pole Sign" , and by adding to Section 16 . 32 . 340 a subparagraph D relating to such standard pole signs . Councilman Fulton offered Ordinance No. 1499 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 18. 24 of the Redding Municipal Code by adding a subparagraph C to Section 18 . 24 . 020 and by substituting a new subparagraph C to Section 18 . 24 . 030 , and amending Chapter 18. 26 by substituting a new sub- ; paragraph C to Section 18. 26. 020 and adding a subparagraph E to Section 18. 26. 030 and amending Chapter 18 . 28 by sub- stituting a new subparagraph B to Section 18 . 28 . 020 and adding a subparagraph F to Section 18 . 28 . 030, and amending Chapter 18. 32 by substituting a new Section 18 . 32 . 020 , pertaining to sign regulations. PUBLIC HEARING - re Proposed Amendment of Municipal Code Pertaining to Planning Fees The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing regarding a proposed amendment to the Municipal Code pertaining to Planning Fees. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated July 1, 1980 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 memorandum to Council dated July 1, 1980. He stated that at the conclusion of a public hearing on June 10 , 1980 , the Planning Commission unanimously recommended amendment of the City Code to allow planning fees to be adopted by reso- lution rather than by ordinance. The Commission also recommended adoption of a new planning-permit fee schedule. The sections of the Code to be affected are use permits , variances, rezonings, general plan amendments , planned developments, and environmental impact reports . It is the recommendation of the Commission and staff that the negative declaration be ratified and the ordinance allow- ing fees to be established by resolution be offered for first reading. It is also recommended that a resolution be adopted setting new planning fees to become effective August 21, 1980 . MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes 7/7/80 253 Two letters were received in response to the information mailed by the Planning Department to interested parties . These letters were submitted to Council and Mrs. Gard requested comments on a letter from Mr. Murray. Mr. Murray is opposed to the fee charged for appeals . Mr. Perry commented that not all appeals have fees . He noted that appeals can be very costly, requiring public legal notice, mailing, etc. , and the fee proposed is to help pay for the staff time in processing the appeal . He did not feel the $25 fee would prevent anyone, who has a legitimate reason, from filing an appeal. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council make the following findings re amend- ment of the Municipal Code pertaining to Planning fees : 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 June 4 , 1980 . Councilwoman Gard offered Ordinance 1500 for first reading, an ordinance of the City Council of the City of Redding amending Title 18 of the Redding Municipal Code by repealing Sections 18. 36. 120, 18. 64. 030, 18 . 70 . 030, 18. 72 . 020, 18. 78. 020 , and 18. 78. 060 and substituting new Sections 18. 36 . 120 , 18. 64. 030, 18. 72. 020, 18. 78. 020, and 18. 78. 060 , pertaining to Planning Permit Fees. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Fulton that Resolution No. 80-149 be adopted, a resolu- tion of the City Council of the City of Redding establishing planning permit fees to be paid for rezoning applications , environmental impact reports, use permit applications , variance applications, amendments to the Zoning Code, amend- ments to the General Plan, and copying charges . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Demsher Resolution No. 80-149 is on file in the office of the City Clerk. PUBLIC WORKS PLANNING REPORT Public Works Director Arness submitted the Public Works Planning y ,, Reports for July, 1980 . TRAFFIC SIGNAL NEEDS - Placer and Market Street Public Works Director Arness reviewed his memorandum to Council dated July 1, 1980 . He stated that during construction of the 113 south end of the Mall and the closure of Market Street north of 7/7/80 254 Placer Street, it became necessary to relocate two traffic signal standards and the traffic controller. Excavation revealed that the conduits were badly rusted, and the antiquated hard- ware was not appropriate for reuse. It was decided at that time not to reinstall the fixed-time signal and to monitor the intersection since fixed-time warrants were not met. Since then, the City has received several calls concerning the uncontrolled intersection. Both vehicles and pedestrians have difficulty in finding a suitable gap in traffic to permit their entering or crossing Placer Street. A traffic study taken in June 1980 shows that the standard warrants for a fixed-time signal, such as we had before, are still not met, i .e. , both the vehicle and pedestrian volumes from Market Street are too low to warrant stopping Placer Street on a regular basis . Mr. Arness outlined some alternatives to aid pedestrian and vehicular movements. He stated it is the staff recommendation to install stop signs on all three legs of the intersection, realizing that this affects all east/west traffic on Placer. He states it is quick, inexpensive, and still permits the further evaluation of a more sophisticated control system for the intersection or the possible return to the current less restrictive system in use today. Staff recommends the adoption of a resolution authorizing the installation of the signs , but points out that the recommendation has not been reviewed by the Traffic and Parking Commission. Council discussed the matter and agreed that the Placer and Market Street intersection is a very difficult intersection and perhaps in the future it would require a synchronized electrical signal of some type. Resolution MOTION: Made by Councilman .Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-150 be adopted, a resolution of the City Council of the City of Redding amending the traffic control map by establishing "STOP" signs at the intersection of Market and Placer Streets. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-150 is on file in the office of the City Clerk. NOTICE OF COMPLETION - Martin Luther King Neighborhood Park Expansion MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton accepting completion of the Martin Luther King Neighborhood Park Expansion, Bid Schedule No. 1165, as being completed sat- isfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Replacement of Traffic Signal Conduit at the Intersection of Court and Placer Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting completion of the traffic signal conduit at the inter- ,� Y section of Court and Placer Streets, Bid Schedule No. 1182 , as being completed satisfactorily, and instructing the City Clerk to file a Notice of. Completion. The Vote: Unanimous Ayes 7/7/80 255 WOODCLIFF ESTATES SUBDIVISION UNITS 2, 3, and 4 - Acceptance of Improvements and Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton accepting installation of all improvements within Woodcliff ID ' Estates Subdivision Units 2, 3, and 4, for maintenance and operation. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 80-151 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance ! 1 and operation Woodhill Drive, Teakwood Drive, Rosewood Drive, and Rockwood Circle within Woodcliff Estates Subdivision Units 2, 3, and 4. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-151 is on file in the office of the City Clerk. KUCEK LOT SPLIT, LS-114-78 - Acceptance of Improvements and I� Streets MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard accepting installation of all improvements within Lot Split 118-78, for maintenance and operation. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-152 be adopted, a resolution /-,) • of the City Council of the City of Redding accepting Lana Court for maintenance and operation. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-152 is on file in the office of the City Clerk. ACCEPTANCE OF FINAL MAP - Ridgeview Subdivision, Unit No. 2 Councilwoman Gard abstained from discussion and voting on this item. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Final Map, Ridgeview Subdivision, Unit No. 2, be accepted, and instructing the City Clerk to file said map with II) the Shasta County Recorder upon notification that the inspection fees have been paid. The Vote: Unanimous Ayes with Council- woman Gard abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton accepting all improvements within Ridgeview Subdivision, Unit No. 2, for maintenance and operation. The Vote: Unanimous Ayes with Councilwoman Gard abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 80-153 be adopted, a resolution of the 0 ,�� City Council of the City of Redding accepting for maintenance and operation Wasatch Drive and Wasatch Court within Ridgeview Subdivision, Unit No. 2. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Abstain: Council Members - Gard 7/7/80 _ 256 Resolution No. 80-153 is on file in the office of the City Clerk. LOT SPLIT 37-79 - Acceptance of Public Utility Easement MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resoltuion No. 80-154 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and 4JI operation storm drain and public utility easements dedicated to City, as shown on Parcel Map No. LS-37-79 , Hilltop Town & Country Plaza. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-154 is on file in the office of the City Clerk. ENTERPRISE PARK - Acquisition of Property City Attorney Hays reviewed his memorandum to Council dated June 17, 1980. He stated that as a result of the amended decision to downgrade the Enterprise Park to a neighborhood park, a reso- lution should be adopted rescinding the original resolution which authorized the acquisition of a larger piece of property. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-155 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 79-97, which found that the public convenience and necessity 9 � require the acqusition of certain parcels of real property (A.P. 68-070-050, owned by Enterprise Realty, and A.P. 68-070-07 , owned by Cha-Dor Realty) for the Enterprise Community Park. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-155 is on file in the office of the City Clerk. LEASE AGREEMENT - re California Highway Patrol MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving a lease agreement between the City of Redding, ' � and the Department of California Highway Patrol , covering an area at Benton Airpark, where the CHP will maintain a mobile II office structure and storage building as part of its helicopter patrol operationand authorizing the Mayor to execute same . The Vote: Unanimous Ayes AGREEMENT - The Professional Touch, for Janitorial Services MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving a one year contract with William R. Ritter, dba The Professional Touch, for janitorial services in three 1 locations, to wit, the Redding Downtown Mall restrooms , the Shop Superintendent' s office, and the Redding Regional Waste- water Treatment Plant and authorizing the Mayor to execute same. The Vote: Unanimous Ayes EXTENSION OF PERMIT - Shasta Kart Klub MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving an Extension of Permit between the City of Ili) Redding and the Shasta Kart Klub, to operate at Redding Munici- pal Airport and authorizing the Mayor to execute same. The Vote: Unanimous Ayes 7/7/80 257 SET PUBLIC HEARING - re Acquisition of Property for Proposed Foxtail Court Park MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton setting a public hearing for 7 : 30 P.M. , August 4 , 1980 , to con- -U sider the adoption of a Resolution of Public Convenience and Necessity to acquire property for the proposed Foxtail Court Park. The Vote: Unanimous Ayes RESOLUTION - Setting Sewer Service Fees MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 80-156 be adopted, a resolution 6' of the City Council of the City of Redding establishing sewer service fees. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 80-156 is on file in the office of the City Clerk. ORDINANCE - re 1979 Uniform Administrative Code and 1979 Mechanical Code Councilman Kirkpatrick offered Ordinance No. 1501 for first reading, an ordinance of the City Council of the City of Redding amending Title 16 of the Redding Municipal Code by I41 repealing Section 16. 08. 020 and substituting a new Section 16 . 08 . 020 pertaining to adoption of uniform building code and uniform mechanical code, by adding a new Chapter 16 . 10 per- taining to adoption of uniform administrative code, and by repealing Section 16. 12. 040 pertaining to permit and inspection fees. ROUTINE COMMUNICATIONS Documents re Republic-Hughes Airwest Acqusition I S ,� Application to C.A.B. Applications for Alcoholic Beverage Licenses : / I Chuck' s Deli, 2945 Churn Creek Road Mission Square Florist, 2817 Bechelli ORAL COMMUNICATIONS Councilwoman Gard advised Council that at a recent League of California Cities meeting, Mr. Clark Goecker suggested that the Editor of the California Journal, Mr. Ed Salzman, be asked to speak at the Sacramento Valley Division, League of California Cities meeting to be held in Redding on November 14, 1980 . Mrs . Gard noted that the League will pay subsistence for Mr. Salzman but is not able to pay an honorarium and Council dis- cussed the possibility of the City paying him an honorarium to speak in Redding in November. Council agreed Mr. Salzman would be an excellent speaker and they would discuss the matter further when an amount was decided upon. ADJOURNMENT There being no further business, at the hour of 8 : 35 P .M. , Mayor Pugh declared the meeting adjourned. APPROVED: L.Mayo-rte/// ATTEST: ,(c4 lern Cit Clerk 7/7/80