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HomeMy WebLinkAboutMinutes - City Council - 1981-04-06 114 City Council Regular Meeting Police Dept. & Council Chambers Redding, California April 6 , 1981 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by Pastor Ralph Johnson, of Enterprise Community Church of God. The meeting was called to order by Mayor Pugh with the following members present: Demsher, Fulton, and Kirkpatrick Absent: Council Member Gard Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Electric Director Simpson, Superintendent - Public Works Galusha, Director of Parks and Recreation Riley, Housing and Redevelopment Director Henson, Assistant Planner Larko, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of March 16 , 1981 as mailed to each Council Member. The Vote : Unanimous Ayes WRITTEN COMMUNICATIONS Letter from Jerry Nash - Churn Creek Meadows Sub- division re construction of Victor Avenue A letter was received from Jerry Nash of Churn Creek Meadows Subdivision regarding their excessive costs in the O� construction of Victor Avenue and asked that the City grant • them a tax credit. With the concurrence of Council Mayor Pugh referred this matter to the Growth Committee and staff. Letter from Shasta County Sheriff' s Posse - re serving alcoholic beverages at Rodeo, May 15 and 16 , 1981 A letter was received from Jim Carter requesting permission for the Sheriff' s Posse to serve alcoholic beverages at the t43 1 Shasta County Sheriff' s Posse Rodeo to be held at the Posse Grounds on May 15 and 16 , 1981. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the request of the Shasta County Sheriff' s Posse to serve alcoholic beverages , with the stipulation that said beverages be served within the clubhouse. The Vote : Unanimous Ayes Letter from Eric and Svea Ostling - re exclusion from Annexation Request No. 81-1 A letter was received from Eric and Svea Ostling asking that �83 they not be included in Annexation No. 81-1 for financial reasons. Mr. Steve Ostling, representing his parents, stated that on January 6 , 1981, Council adopted a resolution commencing annexation proceedings on Annexation 81-1. He stated that 4/6/81 115 his parents object to being included in the annexation and felt it would place an unfair and unequal burden on them. Mr. Ostling stated he was not notified of the meetings held by the Planning Commission and City Council concerning this matter. City Attorney Hays advised that a letter was sent to the Ostling' s from his office advising them that the proper time to protest the annexation would be at the protest hearing. Mayor Pugh noted that if Council changes the annexation area at this time, it would delay the proceedings a great deal and suggested that this objection should be heard at the protest hearing. He also suggested that the Ostling' s will have the opportunity to appear at the LAFCO hearing. Mayor Pugh advised that they will be advised of the time and place of the protest hearing. HARTNELL AVENUE ASSESSMENT DISTRICT NO. 1980-3 The following documents were submitted by Special Bond Counsel Sperry, for filing and adoption relative to Hartnell Avenue Assessment District No. 1980-3 : $� ; Amended Boundary Map Resolution - Approving Amended Boundary Map MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-52 be adopted, a resolution of the City Council of the City of Redding approving the amended boundary map for Hartnell Avenue Assessment District No. 1980-3. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 81-52 is on file in the office of the City Clerk. Resolution - Requesting Jurisdiction from the Board of Supervisors of the County of Shasta MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-53 be adopted, a resolution of the City Council of the City of Redding requesting jurisdiction of the Board of Supervisors of the County of Shasta in connection with Hartnell Avenue Assessment District No. 1980-3. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 81-53 is on file in the office of the City Clerk. PETITIONS AND COMMUNICATIONS - re Proposed Clover Creek Assessment District Petitions were received signed by 24 property owners requesting j'q(p that proceedings be instituted for Clover Creek Sewer Assessment District. Several communications were also submitted indicating no interest in the assessment district. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the petitions and communications re the proposed 4/6/81 116 Clover Creek Assessment District be referred to staff for appropriate action. The Vote : Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register No. 19 , check nos. 76356 through 76771 inclusive , in the amount of $1 ,752 , 932 . 25 , be approved and paid, and that Payroll Register No. 20 , check nos . IO 142908 through 143459 , in the amount of $379 , 783. 44 for the period March 15 , 1981 through March 28 , 1981 , be approved. Total: $2 , 132 , 715 . 69 Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard CLAIMS FOR DAMAGE AND PERSONAL INJURY 1st Hearing Enterprise School District - Claim filed 3/18/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Damages filed by the /.9-3 Enterprise School District on March 18 , 1981, be paid in the amount of $99. 60 . The Vote : Unanimous Ayes Dan Gonzalez - Claim filed 3/10/81 Mayor Pugh abstained from voting on this item. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Claim for Damages filed by Dan Gonzalez on X023 March 10 , 1981 be paid in the amount of $23. 50. The Vote : Unanimous Ayes with Mayor Pugh abstaining Ronald Mygrant - Claim filed 3/11/81 Mayor Pugh abstained from voting on this item. MOTION: Made by Councilman Demsher, seconded by Councilman 1 )-3 Kirkpatrick that Claim for Damages filed by Ronald Mygrant on March 11, 1981 be denied and the claimant so advised. The Vote : Unanimous Ayes with Mayor Pugh abstaining • CLAIMS FOR DAMAGE AND PERSONAL INJURY _ 2nd Hearing Ronald Burns , attorney on behalf of John Montgomery - Claim filed 2/20/81 MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Claim for Personal Injury filed by Ronald I Burns, attorney on behalf of John Montgomery on February 20 , 1981 be denied and the claimant so advised. The Vote : Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Hays advised that the City of Redding has been served with the following Summons and Complaints : 1) Howard Welch, attorney on behalf of Thomas 1 , Hecht vs. City of Redding et al SETTLEMENT OF CLAIMS City Attorney Hays advised that the following claims have been settled by the City Insurance Carrier: 1) Gary Ninman (Personal Injury) , settled in the la amount of $15 ,000 4/6/81 117 2) Irene Nelson, Elwyn LeRoy, Janie Gloss (Personal /01 °2-- Injuries) , settled in amount of $25 , 000 3) Robert Shank (Property Damage) , settled in the HOZ 3 amount of $512 . 30 11 4) Marie Coats (Personal Injury) , settled in the /a 7 amount of $838. 72 5) Susan J. Sampson (Personal Injury) , settled in / 2 the amount of $129 . 39 6) Ethel Sullivan (Property Damage) , settled in amount of $1, 454 . 50 ORDINANCE - re Applications for Grading Permits MOTION: Made by Councilman Kirkpatrick, seconded by Councilman n Fulton that the full reading of Ordinance No. 1539 be waived and fO the City Attorney be instructed to scan same . The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1539 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 16 . 40 of the Redding Municipal Code by repealing a portion of Section 16 . 40. 050 , pertaining to application for grading permits , to delete the existing reference to licensed land surveyors as being authorized to prepare and sign grading plans and specifications. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick 111 and Pugh Noes : Council Members - None Absent: Council Members - Gard Ordinance No. 1539 is on file in the office of the City • Clerk. AWARD OF BID - 15/20/25 MVA Power Transformer MOTION: Made by Councilman Kirkpatrick, seconded by Councilman 3 Fulton that Bid Schedule No. 1289 , 15/20/25 MVA Power ' Transformer, be awarded to RTE-ASEA on its low bid in the amount of $284 ,080 , sales tax included. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard DEFERRED PAYMENT REHABILITATION LOAN PROGRAM - Funding Allocation Planning and Community Development Director Perry reviewed his memorandum to Council dated April 2 , 1981. He stated that in June of 1980, the City of Redding submitted an application to the State Department of Housing and Community Development requesting $75 , 000 from the second funding cycle of the Deferred Payment .10Z7 Loan Program. He noted that this application was not funded last fall when grant awards were made. Last week staff was informed that Redding could receive an allocation of $50 , 000 from the Deferred Payment Loan Program if a letter was sent requesting this amount before March 27 , 1981 . Mr. Perry stated that because of the timing requirements, staff was not able to notify Council before the submittal deadline, but is presenting it now as an item for affirmation. 4/6/81 118 Mr. Perry outlined the City' s current participation in the program and advised that the program requirements remain basically the same. It is the recommendation of staff that Council authorize the City Manager to accept the funds on behalf of the City. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick affirming the City' s participation in the aforementioned program and authorizing the City Manager to accept the funds on behalf of the City. The Vote: Unanimous Ayes SET PUBLIC HEARING MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick setting a public hearing for 7 : 30 P.M. , April 20 , 14 1981, to consider Rezoning Application PD-13-80 , by Harry Wilson/Vic Kacalek. The Vote : Unanimous Ayes ANNEXATION REQUEST NO. 81-5 - Quartz Hill Road Planning and Community Development Director Perry reviewed his memorandum to Council dated April 2 , 1981 . He stated that Council referred to the Growth Committee and staff, the requests received to annex from several property owners in the Quartz Hill Road area. The purpose was to determine if several of the non-contiguous portions could be annexed using Federal land along the river. He advised that in discussions with Federal representatives , it appears it would take several months to obtain an answer on annexing since the holdings are administered by two different agencies. It is the recommendation of both the Growth Committee and staff that Council commence annexation proceedings only for that area shown on the map which is hereby made a part of these minutes by reference, as Annexation 81-5. Later, if the government land can be included, additional areas could be considered to the north. Resolution - Commencing Annexation Proceedings MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-54 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 81-5 , (Quartz Hill Road Area) . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 81-54 is on file in the office of the City Clerk. Resolution - Agreeing to Exchange of Property Tax Revenues MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-55 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 81-5 to the City of Redding, (Quartz Hill Road Area) . Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-55 is on file in the office of the City Clerk. 4/6/81 119 REQUEST TO SERVE ALCOHOLIC BEVERAGES - Lake Redding and Caldwell Parks Parks and Recreation Director Riley advised Council that the Parks and Recreation Commission has recommended approval for various community and business organizations to serve alcoholic beverages during their functions in Lake Redding and Caldwell Park as follows : 1) Nor Cal Shrine Club to serve beer at their barbecue lunch on May 16 in Lake Redding Park �a 02 2) Citizens Utilities Employees Association to serve beer at their softball game and picnic on May 17 in Caldwell Park 3) City of Redding Employees Association to serve beer and wine during their picnic on June 27 in Lake Redding Park Mr. Riley explained that the above requests were approved on the conditions that 1) insurance requirements be met, 2) a $300 clean-up deposit be on file in the City Clerk ' s office , and 3) the area be cleaned up after their event. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Parks and Recreation Commission as hereinabove stated. The Vote : Unanimous Ayes Council Member Demsher requested that Mr. Riley prepare a report on the kinds of activities and kinds of people who are using the parks. PUBLIC WORKS ' PLANNING REPORT Public Works Director Arness submitted the Public Works ' Planning 3/0 Reports for April , 1981. AWARD OF BID - Two-Million Gallon Redding Ranchettes Reservoir MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Bid Schedule No. 1286 , two-million gallon Redding Ranchettes Reservoir, be awarded to Glenn W. Shook, Inc. on its low bid in the amount of $378, 849 . .3 Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick , and Pugh Noes : Council Members - None Absent: Council Members - Gard NOTICE OF COMPLETION - North Bonnyview Road ACID Sewer Crossing MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting the construction of North Bonnyview Road a / / ACID Sewer Crossing, Bid Schedule No. 1254 , as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote : Unanimous Ayes NOTICE OF COMPLETION - Floodlighting for Recreation Area, Benton Park Mayor Pugh abstained from voting on this item. f/ / MOTION: Made by Councilman Demsher, seconded by Councilman 0276 Kirkpatrick accepting the construction of floodlighting for the recreation area at Benton Airpark, Bid Schedule No. 1273 , as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote : Unanimous Ayes with Mayor Pugh abstaining 4/6/81 120 ACCEPTANCE OF FINAL MAP - Woodacre Subdivision, S-17-80 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the Final Map for Woodacre Subdivision, S-17-80 , 1D$ be accepted, that the City Clerk be instructed to file the map with the Shasta County Recorder, and that the Mayor be authorized to sign the Subdivision Agreement. The Vote : Unanimous Ayes CONFLICT OF INTEREST CODES - Redding Housing Authority and Redding Redevelopment Agency City Attorney Hays submitted Conflict of Interest Codes including all required documentation, for the Redding Housing Authority and �$S the Redding Redevelopment Agency. He advised that the above agencies have adopted said codes , and as the reviewing body, it would be in order for Council to approve the codes . MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the Conflict of Interest Code for the Redding Housing Authority be approved. The Vote : Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the Conflict of Interest Code for the Redding Redevelopment Agency be approved. The Vote : Unanimous Ayes AGREEMENT - Redding J.C. ' s MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the City' s annual Agreement with the • Redding J.C. ' s, providing for the payment of promotional funds to f°Z the J.C. ' s in the sum of $2 , 840 for the fiscal year 1980-81. The Vote : Unanimous Ayes AGREEMENT TO ASSIGNMENT - Bert B. Butler, Avis Rent-A-Car MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving an Agreement to Assignment Permit, Bert B. (/ 0 Butler, Avis Rent-A-Car at Redding Municipal Airport, to John N. Kilpatrick. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 81-7 - Keswick Dam Road Area City Attorney Hays submitted resolutions commencing annexation 613 proceedings and covering the exchange of property tax revenues , 5 as authorized by Council on March 16 , 1981. Resolution - Commencing Proceedings MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-56 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 81-7, Keswick Dam Road Area. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick , and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 81-56 is on file in the office of the City Clerk. Resolution - Agreeing to Exchange of Property Tax Revenues MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-57 be adopted a resolution of the City Council of the City of Redding agreeing to exchange of 4/6/81 121 property tax revenues for uninhabited Annexation No. 81-7 to the City of Redding, Keswick Dam Road Area. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-57 is on file in the office of the City Clerk. RESOLUTION - Designating New Street as "Hartnell Avenue" MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-58 be adopted, a resolution of the City Council of the City of Redding naming a certain new street "Hartnell Avenue" . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-58 is on file in the office of the City Clerk. SUBLEASE - Portion of KVIP Transmitting Facility on South Fork Mountain MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving a Sublease between the City of Redding and g...69(0 Northern California Communications Corporation, dba KVIP Radio, for space for one rack of equipment, where the City may locate and operate its police radio transmitting equipment. The Vote : Unanimous Ayes PERMIT - A & V Enterprises for Commercial Activities at Redding Municipal Airport MOTION: Made by Councilman Fulton, seconded by Councilman rr8 Kirkpatrick approving a two year extension to a Permit for A & V Enterprises to operate its National Car Rental business at Redding Municipal Airport. The Vote : Unanimous Ayes JOINT POWERS AGREEMENT - Central California Power Agency City Attorney Hays reviewed his memorandum to Council dated April 1, 1981. He stated that this agreement represents a proposed ,0(91- joint action agency, including the agencies involved in M-S-R plus the Sacramento Municipal Utility District. He noted that said Agreement does not currently relate to any specific projects. Mr. Hays advised that from the standpoint of projects , the intent of the joint powers agency, called Central California Power Agency, is to have the members cooperatively develop land in the Geysers area which appears to be suitable for the generation of electricity from geothermal steam. This joint undertaking is being considered because M-S-R, as well as SMUD, have interests in the Geysers area currently which appear to have good potential for development. He noted that Redding' s share in the joint action agency is six percent and advised that the actual operative document relative to projects would speak to a specific project in definite terms at the time a project is proposed for development. In response to an inquiry from Councilman Kirkpatrick, Mayor Pugh advised that Redding' s percentage is determined partly by the 4/6/81 122 number of megawatts used per year, but not entirely. He advised that joint powers agreements such as this allows agencies to work together for public power needs and to work for a viable alternative for all agencies involved. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton authorizing the City Clerk and the Mayor to execute a Joint Powers Agreement to create the Central California Power Agency. The Vote : Unanimous Ayes City Attorney Hays advised that it would be in order to designate a voting member and alternate to the Agency. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Mayor Pugh be designated as the voting member to the Central California Power Agency and Councilman Demsher, City Attorney Hays, and Assistant City Manager Courtney as alternates. The Vote : Unanimous Ayes M-S-R ASSESSMENT City Attorney Hays reviewed his memorandum to Council dated April 2 , 1981. He stated that on March 18 , 1981 , the regular meeting of the M-S-R Joint Powers Agency was held. At that time , Charlie Viss, the General Manager, presented a financial report and indicated that it was again necessary for M-S-R to assess the members for contributions to the Agency. Mr. Hays advised that it was requested that an assessment in the amount of $150 , 000 be levied on behalf of the Agency, to be contributed pro rata by the members , which would be $22 ,500 , or 15% for the City of Redding' s share. He noted that this assessment is brought about by the recent payment for a geothermal lease in the Geysers area in the amount of $95 , 000 , together with the on-going bills relative to the research and development of generation prospects. It is recommended that Council approve the City of Redding' s • contribution to M-S-R in the amount of $22 , 500, and direct the Assistant City Manager to issue a warrant to M-S-R in that amount. Mayor Pugh noted that this assessment is an advance royalty payment to the agency. MOTION: Made by Councilman Kirkpatrick , seconded by Councilman Demsher approving the City of Redding' s share to M-S-R in the amount of $22 ,500 , and instructing the Assistant City Manager to issue a warrant to M-S-R in that amount. The Vote : Unanimous Ayes PUBLIC HEARING - General Plan Amendment Application GPA-1 (A) -80 , by William Henderlong The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re General Plan Amendment Application GPA-1 (A) -80. The following documents are on file in the office of City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 4/2/81 4/6/81 123 The Deupty City Clerk advised that no written protests have been received. • Planning and Community Development Director Perry reviewed his memorandum to Council dated April 2 , 1981. He stated that at its meeting of March 10 , 1981, the Planning Commission unanimously recommended that 10. 2 acres located on the northwest corner of the intersection of Lake Boulevard and Highway 273 be reclassified from "Highway Commercial" and "Residential , " 3 . 5 units per acre, to "Retail . " A map of the area was shown on the Vu Graph. Mr. Perry advised that the Planning Commission also adopted a negative declaration for the project based on the understanding that the applicant would acquire road access to Lake Boulevard directly opposite the Masonic Avenue, Lake Boulevard intersection. The acquisition would permit a signalized road entrance to the project site and would permit adequate stacking on Lake Boulevard. The applicant has requested that the entire property be classified as "Retail Commercial. " The stated intent is to develop the property with a 104 , 000-square-foot shopping center. The property does not have access rights to Highway 273. It is the opinion of both the Commission and staff that the present General Plan is no longer appropriate for the property. The Commission evaluated several alternatives ranging from all retail to all multiple-family. The Commission felt that classifying the entire property as retail was appropriate provided road access was obtained to Lake Boulevard directly opposite Masonic Avenue. It is the recommendation of both the Commission and staff that the property be reclassified to "Retail" provided that the actual resolution to change the plan not be adopted until the applicant provides evidence that he can provide road access to the property directly opposite Masonic Avenue. It is further recommended that the negative declaration be ratified, the recommendation be approved, and that the City Attorney be directed to prepare a resolution for amending the plan after the necessary evidence is submitted. Mr. Brent Owen, 1867 Victoria Drive , stated he has no conflict with the proposed land use or the project; however, he is concerned with the appearance of the back side of the shopping center as he is building an apartment complex to the rear of the proposed project. Geff Reeslund, of SGPA Planning and Architecture , stated he has been working with Mr. Henderlong on the project. He presented an artist' s rendition of the center and explained that landscaping and a screening wall will be constructed to the rear and that the elevation will be somewhat higher than Mr. Owen' s property. He stressed that the rear of the building will be as attractive as possible . Mr. Perry advised that the zoning will remain "Unclas- sified" and that the site plan will be processed under a use permit. 4/6/81 124 MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Council- man Fulton that Council makes the following findings re General Plan Amendment Application GPA-1 (A) -80 by William Henderlong: 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 Planning Commission on February 24 , 1981. The Vote : Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Council- . man Kirkpatrick approving the recommendation of the Planning Commission dated April 2 , 1981, and instructing } the City Attorney to prepare the necessary resolution. The Vote: Unanimous Ayes PUBLIC HEARING - General Plan Amendment Application GPA-1-81, by State Wide Developers Mayor Pugh abstained from voting and discussion on this item. The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened public hearing re General Plan Amendment Application GPA-1-81, by State Wide Developers. 145 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 4/2/81 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated April 2 , 1981. He stated that at its meeting of March 10 , 1981 , the Planning Commission unanimously recommended amendment of the Redding General Plan to reclassify property located at 2401 Victor Avenue from "Public and Institutional" to r "Residential , " 12 units per acre, and "Residential, " 3 . 5 units per acre. A map of the area was shown on the Vu Graph. Mr. Perry advised that the area consists of 5 . 78 acres and is vacant. The Redding General Plan classifies the property as "Public" or "Institutional, " for a 7th through 8th grade school. The draft Enterprise Plan classifies the property as "Residential, " 12 units per acre and "Residential, " 3. 5 units per acre. Mr. Perry stated that the Planning Commission approved a 50-unit apartment project on the property on August 14 , 1979 . Previously, a 98-unit project had been denied. The 4/6/81 125 stated intention of the applicant before the 50-unit project was filed was to develop a 50-unit planned development; however, with the property classified as institutional , he has been unable even to apply for a portion of the project. Mr. Perry advised that the environmental concerns of the project were evaluated as part of the EIR on the 98 apartment unit project. Reducing the density to 50 units was a mitigation measure of the EIR; thus , the Board of Administrative Review, on February 24 , 1981, found that EIR-7-78 adequately addressed the environmental impact of the project, and no further environmental reviews were needed. • Based on the fact that the property is classified as a school site and the school district has indicated it has no interest to develop a school at this location, it is the recommendation of both the Planning Commission and staff that the General Plan be amended as requested. It is further recommended that the City Attorney be in- structed to prepare a resolution for adoption on May 18 , 1981 and that, in accordance with Section 15088 of the State EIR Guidelines Council finds that "changes or alterations have been required in or incorporated into the project which mitigate or avoid the significant environ- mental effects thereof or are identified in the final EIR. " Mr. Krantz , stated he owns property to the east and south of the subject area. He expressed concern regarding the drainage problems in the area. He stated that years ago development in the area caused drainage across his pro- perty rather than on Victor Avenue. He stated that Casa Serena also drains across his property and he is concerned that this development will cause even more problems with drainage. Mr. Perry advised that Mr. Krantz is involved in a law suit with the property owner. Paul Jones, of Pace Engineering stated that this law suit is in the courts and will be resolved by the courts. He stated that a ruling has been made. Mr. Perry noted that the court has made a ruling but not all parties are satisfied. MOTION: Made by Councilman Demsher, seconded by Council- man Fulton that the public hearing be closed. The Vote : Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of the Planning Commission as hereinabove stated and instructing the City Attorney to prepare the necessary resolution which should include the appropriate language in accord- ance with State EIR Guidelines. The Vote : Unanimous Ayes with Mayor Pugh abstaining PUBLIC HEARING - Annexation Request No. 80-10 , Mt. Vista Subdivision and Redwoods Mobilehome Park 653 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Annexation Request No. 80-10 , 4/6/81 126 Mt. Vista Subdivision and Redwoods Mobilehome Park. 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 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated April 2 , 1981. He stated that at its meeting of February 11, 1981, the Local Agency Formation Commission reconsidered the annexation at the Council ' s request. At the conclusion of the hearing, the Commission re-included in the annexation the 160 acres previously deleted. A map of the area was shown on the Vu Graph. He noted that since not all property owners signed the petition, the next step in the process is this protest hearing. Mr. Perry said that to date the owner of the mobilehome park did submit a letter and a petition concerning the annexation and raising several questions . A subsequent meeting between staff and the property owner may have answered several of the questions raised. Unless substantial protests are received, it is the recommendation of the staff that Council adopt a resolu- tion overruling any protests and a second resolution to order annexation of the property. Mr. Andrew Shaffer, R.C. Roberts and Company, Novato, California, owner of the mobilehome park, stated that the company was opposed to the annexation originally and had urged the residents of the park to sign the petition against the annexation. There were concerns regarding the • City' s ability to supply electricity to the area and also regarding the development of 102 acres of property in the } area. After several meetings with City staff, he feels that the City can provide adequate electricity and that it is not opposed to proper development. He is hopeful that the General Plan can be amended to their needs and stated they are happy to be a part of the City of Redding. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. • The Vote : Unanimous Ayes Resolution - Overruling protests MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-59 be adopted, a resolution of the City Council of the City of Redding determining that protests have not been made by 25% of the registered voters nor by owners of 25% of the land within Annexation No. 80-10 , Mt. Vista Subdivision. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Kirkpatrick , and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 81-59 is on file in the office of the City Clerk. 4/6/81 127 Resolution - Ordering Annexation MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-60 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain inhabited territory designated Annexation No. 80-10 , Mt. Vista Subdivision. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-60 is on file in the office of the City Clerk. PUBLIC HEARING - Abandonment Application A-1-81 • The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Abandonment Application A-1-81. 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 4/2/81 The Deputy City Clerk advised that no written protests a s7 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 April 2 , 1981 . He stated that at its meeting of February 24 , 1981, the Planning Commission unanimously recommended abandonment of ten feet of Street right of way on Seventh Street adjacent to 697 Mary Street. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted. It is the recommendation of both the Planning Commission and staff that the right of way be abandoned subject to retention of the the area as a public utility easement due to an overhead powerline. It is further recommended that a resolution be adopted to vacate the street and ratify the negative declaration.- MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick , seconded by Councilman Fulton approving the recommendation of the Planning Commission as hereinabove stated re Abandonment Application (A-1-81) . The Vote : Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick , seconded by Councilman Fulton that Resolution No. 81-61 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Seventh Street at its intersection with Mary Street (A-1-81. ) Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-61 is on file in the office of the City Clerk. 4/6/81 128 PUBLIC HEARING - Report and Account of Cost of Abatement, McDemos Property, 3099 Leonard Street The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened public hearing re report and account of cost of abatement of McDemos Property, 3099 Leonard Street. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Posting - Notice of Public Hearing a‘ The Deputy City Clerk advised that no written protests j have been received and Mayor Pugh ascertained that there were no protests from the floor. City Attorney Hays reviewed the memorandum from the Fire Marshal dated March 23 , 1981 , which is hereby made a part of these minutes by reference. Said memorandum contains an itemized report of the cost of demolishing the unsafe and unsightly structures on the McDemos property. He noted that this abatement was ordered by Council in Resolution No. 80-73 , adopted on April 7 , 1980. It is recommended that Council adopt a resolution approv- ing and confirming this report. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote : Unanimous Ayes Resolution MOTION: Made by Councilman Demsher, seconded by Council- man Kirkpatrick that Resolution No. 81-62 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe and unsightly buildings on the McDemos property at 3099 Leonard Street. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - Gard Resolution No. 81-62 is on file in the office of the City Clerk. UNFINISHED BUSINESS AND NEW BUSINESS Letter from Wintu Audubon Society A letter was received from the Wintu Audubon Society regarding illegal parking and destruction at the Turtle Bay Sanctuary opposite the Civic Auditorium. (-13°11 City Manager Brickwood stated he is aware of the problem and has met with the Police Chief and Parks and Recreation Director and plans additional meetings. He stated he would have a report ready for the next Council meeting. Councilman Demsher stated that he had viewed the area and agreed something does need to be done about the problem. URGENCY ITEM - People of Progress Community Garden Site Mayor Pugh declared this an urgency item. 32 City Manager Brickwood reviewed his memorandum to Council dated � � April 6 , 1981, which is hereby made a part of these minutes by 4/6'/81 • 129 • reference. He stated that all the information necessary for the community garden lease agreement has not been formulated and the garden planting time is rapidly approaching. He recommended 8 conditions to be considered in the lease agreement and, with Council ' s approval, he will communicate with the P.O.P. and indicate these conditions. He noted that the agreement should be finalized for the April 20 meeting. Tim Mallory from P.O.P. was present and had no objection to the conditions. In response to an inquiry from Council Member Fulton, Mr. • Mallory stated that the plots will be rented and the rent will be based on income. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the conditions as outlined in City Manager Brickwood' s memorandum dated April 6 , 1981. The Vote : Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Public Utilities Commission: PGandE re Proposed Adjustments Alcoholic Beverage License Applications : Canned Foods of Redding, 3551 Market Street 7-Eleven Food Store (Earl Long) , 3400 Bechelli Lane 111 Oasis Chevron Station (Dean & Nadyne Nelson) , 2403 Cascade Blvd. Sam' s To Go #1 (Mohammed & Susan Nazari) , 942 Hartnell Avenue Civil Aeronautics Board: Order Denying Petition, Century Airlines , • Dockets 36445 , 36538 ADJOURNMENT There being no further business, at the hour of 8 : 05 P.M. , Mayor Pugh declared the meeting adjourned. ` APPROVED: ATTEST: 111 City Clerk C by: e-4 Ethel Richter, Deputy City Clerk 4/6/81