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HomeMy WebLinkAboutMinutes - City Council - 1981-05-04 147 City Council Regular Meeting Police Dept. & Council Chambers Redding, California May 4 , 1981 7 : 00 P.M. The Pledge of Allegiance to the Flag was led by Assistant City Manager Courtney. The invocation was offered by Pastor James T. Ledbetter, of the First Baptist Church. The meeting was called to order by Mayor Pugh with the follow- ing Council Members present: Demsher, Fulton, Gard, and Kirkpatrick 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, Director of Personnel and Labor Relations Reynolds , Superintendent-Electric Mix, Director of Parks and Recreation Riley, Housing and Redevelopment Admin- istrator Henson, Associate Civil Engineer Hastings , Senior Associate Planner Keaney, Airports Manager McCall , Carter House Science Museum Coordinator Marcia Howe , and Acting City Clerk Richter. APPOINTMENT OF CITY CLERK - Ethel Richter Mayor Pugh stated it is in order to appoint a City Clerk to serve out the remaining term of office of Molly Brayton who retired on April 30 , 1981. It is the recommendation of the �� Council Personnel Committee (Archer Pugh and Don Demsher) that Ethel Richter be appointed City Clerk/Administrator to serve until the General Municipal Election in April 1982 . Mr. Demsher noted that the position of City Clerk has become a very techni- cal and diverse job as the City has grown. He noted that the City has an individual who is knowledgeable of the laws and regulations of the City Clerk' s office and is pleased to recommend Mrs. Richter for the position. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ethel A. Richter be appointed City Clerk/Admin- istrator to serve as City Clerk until the General Municipal Election in April 1982 . The Vote : Unanimous Ayes Mrs. Richter was sworn in by Mayor Pugh at this time. Councilwoman Gard noted that the City can be proud of the manner in which the City Clerk' s office is operated. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the minutes of the regular meeting of April 20 , 1981 , as mailed to each Council Member. The Vote : Unanimous Ayes with Council Members Demsher and Kirkpatrick abstaining WRITTEN COMMUNICATIONS Communication from T. A. Pettigrew - re City of Redding Annexations A letter was received from Mr. T. A. Pettigrew expressing concern regarding the number of annexations occurring in the City. He stated that present residents will be faced with having to pay for higher priced power as a result of annexations and mentioned several other concerns such as substandard streets , increased demand on services, etc. 5/4/81 148 Mayor Pugh recommended that the communication be referred to staff and that the Planning Department review its planning basis with regard to urban boundaries. Councilman Demsher noted that each Council Member has had people come to them, raising some of these same issues. He advised that the City has not aggressively pursued annexations except where island existed or in a few other exceptional cases. He stated that there have been con- cerns, especially with regard to energy and the decreasing favorable position of the City' s ability to obtain low- cost energy. Mr. Demsher feels there is not much the City can do to decrease the number of annexation request, and that the position of Council has been one of broad public interest and the interests of the community as a whole. Councilwoman Gard said this letter expresses many of the concerns Council has been expressing over the last several IL0 years. She noted that the City' s Growth Management Committee should continue its joint planning effort with the County. In response to an inquiry from Mrs. Gard regarding the laws pertaining to annexations, City Attorney Hays advised that once LAFCO approves an annexation, the City must proceed with it. With the concurrence of Council , the matter was referred to staff for review. Communication from Jim Carter - re Shasta County Sheriff' s Posse Rodeo May 15 and 16 A letter was received from Jim Carter, of the Shasta County Sheriff' s Posse requesting Council reconsideration of the conditioned approval given for the sale of alco- holic beverages at the Rodeo within the clubhouse only. The Posse proposes to set up two booths inside the fence 4311 of the rodeo grounds and assures that the operation will be handled in an orderly manner, as it was last year. It was noted that plastic cups will be used to prevent the hazard of broken glass. Council discussed the matter and concurred that they were not aware of the sale of alcoholic beverages outside the clubhouse last year. Captain Lon McCasland of the Sheriff' s Posse , addressed Council and stated that they presented their proposal last year to both Council and the ABC with the intension of selling alcoholic beverages within the Posse Grounds. He apologized for the confusion and stated that in 1980 , their first year to sell these beverages , they had no problems whatsoever. He stated that the revenue gener- ated from these sales helps to keep the Rodeo alive in Redding. He stated that the Redding Rodeo is the second largest in the nation and it is very expensive to keep the operation going. Councilman Kirkpatrick stated that he was under the impression that it was the Posse' s request that these beverages be allowed in the Clubhouse and has no objection to the request. 5/4/81 149 Mayor Pugh said it was his assumption that the sale would be confined to the Clubhouse but was not aware that alcoholic beverages were allowed on the Grounds last year. Council Member Gard said to her knowledge, the City has never granted a permit for the sale of hard liquor outside an enclosed building, on City property. Mayor Pugh stated that the Posse leases this property from the City and therefore the City is the landlord in this situation. Mr. Brickwood was asked if any problems were reported to his office as a result of the sale last year and he advised that he is not aware of any problems. Councilwoman Gard was advised by the City Attorney that her husband being a member of the Posse does not create a conflict of interest for her and she need not abstain from voting. Councilman Demsher was also advised by the City Attorney that he need not abstain due to the fact that Mr. McCasland is a teacher at the high school where Mr. Demsher is principal. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the request of the Shasta County Sheriff' s Posse to sell alcoholic beverages , including scotch, bourbon and vodka, within the Posse Grounds at the Rodeo May 16 and 17 , 1981. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes : Council Members - Gard Absent: Council Members - None Communication from People of Progress - re Northern California Public Hearing on Rural Housing Conditions A letter was received from Tim Mallory , Director of People of Progress inviting Council to be a member of the hearing panel for the Northern California Public Hearing �D on Rural Housing Conditions to be held June 11 , 1981 , from 1 : 30 to 6 : 00 P.M. , in the City Council Chambers. Mayor Pugh referred the letter to staff and stated that the City would try to have a representative available for the meeting. Request from Redding Breakfast Lions Club - re Beer • Concession at Sheriff' s Posse Rodeo A letter was received from Ron Mino, Concession Chairman from the Redding Breakfast Lions Club requesting Council permission to sell beer at the Rodeo May 16 and 17 , 1981. MOTION: Made by Councilman Demsher, seconded by Council- man Fulton approving the request of the Redding Breakfast Lions Club as hereinabove stated. Voting was as follows : Ayes : Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None Abstain: Council Members - Pugh 5/4/81 150 CLOVER CREEK SEWER ASSESSMENT DISTRICT NO. 1981-3 The following documents were submitted by Special Bond Counsel Sperry for filing and adoption relative to Clover Creek Sewer Assessment District No. 1981-3: Petitions Certificate re Petition Resolution Accepting Petitions ...641(11 Boundary Map Resolution Approving Boundary Map Resolution Approving Agreement for Legal Services Resolution Requesting Jurisdiction In response to an inquiry from Mayor Pugh, Planning and Com- munity Development Director Perry advised that the island within the Assessment District which is not included, is Argyle Estates. John Sharrah noted that the Racquet Club has asked not to be included in the Assessment District. Mayor Pugh and Councilwoman Gard questioned how sewer sizes are determined. They were advised that sewers are sized according to the ultimate development potential for a geographic area, based on household equivalents determined by the General Plan classification. • In the case of Planned Developments , where bonus units are allowed, the question was raised as to how developers can be required to pay the cost for oversizing of sewers as part of the development fees. Mr. Perry advised that later on the agenda, Council will be considering legislation which will enable Council to adopt a users fee to recover some of these costs. Special Bond Counsel Sperry stated that the collection of fees is a problem which is intensified in a "General Law" city. He noted a charter city does not have this problem. In response to an inquiry from Mrs . Gard, Mr. Perry advised that a given geographic area will be developed to about 80% of its maximum General Plan density. Councilman Kirkpatrick expressed concern that if the City plans for development of Planned Developments, it may be encouraging P.D. developments rather than development according to the General Plan. Mr. Perry noted that Council , in the future, may consider reducing the number of bonus units and restricting the number of household equivalents. Resolution - Accepting Petitions MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 81-75 be adopted, a resolution of the City Council of the City of Redding accepting petition in Clover Creek Sewer Assessment District No. 1981-3. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-75 is on file in the office of the City Clerk. 151 151 Resolution - Approving Boundary Map MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 81-76 be adopted, a resolution of the City Council of the City of Redding approving the boundary map in Clover Creek Sewer Assessment District No. 1981-3. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-76 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 81-77 be adopted, a resolution of the City Council of the City of Redding approving the agreement for legal services in Clover Creek Sewer Assessment District No. 1981-3. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-77 is on file in the office of the City Clerk. Resolution - Requesting Jurisdiction MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard that Resolution No. 81-78 be adopted, a resolution of the City Council of the City of Redding requesting juris- diction of the Shasta County Board of Supervisors in connection with Clover Creek Sewer Assessment District No. 1981-3. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh • Noes: Council Members - None Absent: Council Members - None Resolution No. 81-78 is on file in the office of the City Clerk. UPPER CHURN CREEK SEWER ASSESSMENT DISTRICT NO. 1980-7 The following documents were submitted by Special Bond Counsel Sperry, for filing and adoption relative to Upper Churn Creek Sewer Assessment District No. 1980-7 : 01 Shasta County Resolution No. 81-63 Granting Jurisdiction Resolution - of Intention MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-80 be adopted, a resolution of the City Council of the City of Redding of intention to order improvements in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-80 is on file in the office of the City Clerk. 5/4/81 152 Resolution - Approving Agreement for Engineering Services MOTION: Made by Councilman Kirkpatrick, seconded by Councilman • Fulton that Resolution No. 81-81 be adopted, a resolution of the City Council of the City of Redding approving the agreement for engineering services in Upper Churn Creek Sewer Assessment District No. 1980-7 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-81 is on file in the office of the City Clerk. NOTE: Resolution No. 81-79 was erroneously assigned to Shasta County Resolution No. 81-63, granting jurisdiction to the City of Redding. Resolution No. 81-79 will not be reassigned. PUBLIC HEARING - re Rezoning Application PD-15-80 , by Remor Development. Mayor Pugh abstained from voting and discussion on this item. The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Rezoning Application PD-15-80 , by Remor Development. 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 4/30/81 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated April 30 , 1981. He stated that the planning Commission has unanimously recommended approval of PD-15-80 proposing to develop 7. 72 acres located at 1410 Arizona Street with 38 dwelling units. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council . Mr. Perry described the project and advised that the developer will be required to extend Arizona Street from the end of the existing pavement through the property and also construct improvements to Paulson Lane and Cynthia Way. He noted that the property is classified on the proposed Enterprise Plan as Residential, 3. 5 units per acre; under the Planned Development District, the devel- oper may request up to 5 units per acre. It is the recommendation of the Planning Commission and staff that PD-15-80 be approved subject to the 30 condi- tions of approval listed in the draft ordinance. It is further recommended that Council make certain findings in accordance with the Government Code of the State of California as set forth in Section 66474 , and that Council make certain findings in accordance with Section 18 . 36 . 080 of the Redding City Code, as listed hereinafter. Lastly, it is recommended that an ordinance be offered for first reading. 5/4/81 153 Judy Hollahan, 4460 Cynthia Way, questioned the improve- ments required on Cynthia Way since this is a privately owned road. She also questioned the increase in traffic and sewage, and was opposed to the density of the project. She stated that residents in the area do not want to give up their rural atmosphere. She asked if any traffic studies had been conducted. Mr. Perry advised that it is estimated the project will produce approximately 380 trips per day and access will be via Arizona Street exiting to the east end of the pro- perty. Mrs. Hollahan asked if she would be required to hook-up to the sewer and water systems for the project and she was advised that there is no such requirement by the City unless there is a health problem. Vi Klaseen, 595 Mary Street, recommended that in transi- tion areas such as this , that blacktopping not be allowed to extend completely along the adjoining property lines. She stated that this creates a drainage problem for the neighboring property and is unpleasant to view. Mr. Perry advised that in this particular project the parking area will be separated from the adjoining property by a planter which will be landscaped. He further noted that the Planning Commission is now considering a revision to the "C.O. Office District" requirements which addresses this issue. • MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council makes the following findings re Rezoning Application PD-15-80 , by Remor Development: 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 February 25 , 1981. The Vote : Unanimous Ayes with Mayor Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that, in accordance with Section 66474 of the Government Code of the State of California, Council finds and declares that none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivision is con- sistent with the Redding General Plan and applicable specific plans; and, in accordance with Section 18 . 36 . 080 of the Redding City Code, Council makes the following findings: 5/4/81 154 1. That the number of units and the improvements pro- posed will not overburden the capacity of drainage channels, utility lines or streets. 2 . That the density and design of the project is com- patible with adjoining development. 3. That there are no unmitigated substantial adverse environmental impacts . 4 . That the development shall conform with the goals and objectives of the General Plan. 5 . That the development accomplishes the objectives of the "PD" District. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated with regard to Rezoning Application PD-15-80 , by Remor Develop- ment. The Vote : Unanimous Ayes with Mayor Pugh abstain- ing Councilman Fulton offered Ordinance No. 1543 for first reading, an ordinance of the City Council of the City of Redding amending Section 18 . 06 . 020 of the Redding Muni- " cipal Code relating to the rezoning of certain real property in the City of Redding (PD-15-80) . PUBLIC HEARING - re Rezoning Application PD-2-81, by Norm Kamp The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Rezoning Application PD-2-81, by Norm Kamp. The following documents are on file in the office of the City Clerk : 14 Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated 4/30/81 The City Clerk advised that no written protests have been '. received. r Planning and Community Development Director Perry reviewed his memorandum to Council dated April 30, 1981. He stated that the Planning Commission has unanimously recommended approval of PD-2-81, a proposal to construct a 24 ,684 square foot office condominium on property located at 2350 Rosaline Avenue. A map of the are was shown on the Vu Graph and the draft negative declaration was submitted to Council. Mr. Perry advised that the proposed medical office build- ings are located on 1. 93 acres. The City Code requires that a commercial planned development have a minimum parcel size of two acres; however, the Planning Commission determined that this application would be considered and recommended reduction of the rear yard setback require- ment. Mr. Perry explained that the property slopes down from 5/4/81 155 Rosaline Avenue to a small stream bed just north of the north property line. Substantial cut and fill will be required on the site, and the buildings are all elevated on piers on the north side in order to work with the steep slope of the site. Access to the site will be by one thirty foot wide driveway off Rosaline Avenue at the western edge of the property. He noted that land use across the ravine to the north consists of single-family residences. It is the recommendation of both the Commission and staff that PD-2-81 be approved subject to the conditions listed in the draft ordinance. It is further recommended that the negative declaration be ratified, and that Council make certain findings in accordance with Government Code Section 66474 . Lastly, it is recommended that the parcel size and rear yard setbacks be waived and that an ordi- nance be offered for first reading. Vernon Peterson, 2383 Sonoma, asked Mr. Perry to explain the rear yard setback. Mr. Perry stated that the setback would be ten feet from the edge of the creek. Mr. Peterson stated that he has 150 feet of greenbelt and all these developers would be giving is ten feet. He further stated that trees are being cut down at the present time and asked who would be responsible for cleaning out the brush. Mr. Perry advised that this would be the responsibility of the developers. Mr. Perry explained that the Commission and staff felt that more would be gained by keeping the building lower down the hill in an effort to protect the privacy of the adjoining property owners. Mrs. Peterson, 2383 Sonoma, asked about requirements for a retaining wall and noted that there is a very steep slope and ravine between their property and the proposed development. Mr. Perry advised that there will be a retaining wall of up to ten feet in some areas where fill is being used. He noted that the section between the Peterson property and • • the proposed development will have no retaining wall but will remain as a natural slope. • MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Councilwoman Gard stated she was strongly opposed the rezoning to Office District and stated this is the kind of development the City should not encourage. She feels this is an infringement on the policy of leaving the canyon areas as open space. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following find- ings with regard to Rezoning Application PD-2-81 : 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 5/4/81 156 • and, ratifies the negative declaration approved by the Board of Administrative review on February 18, 1981. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick that the rear yard setbacks be waived and findings be made in accordance with Section 66474 of the Government Code of the State of Cali- fornia. This motion died for lack of a second. Councilwoman Gard asked what could happen to the property without the PD zoning. Mr. Perry advised that a building of up to 40 feet in height could be constructed on a parcel size of 10 ,000 square feet and would probably have as much or more impact on the surrounding property owners as this project has. He noted that the cut and fill is basically to provide for the off-street parking under the building. He further noted that another project under the current zoning could have its off-street parking on top of the building. Mr. Perry explained that staff has also had some problems with the PD zoning but feels that they have worked with the developer to get the best possible project for the neighbors to the north. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that in accordance with Section 66474 of the Government Code of the State of California, Council finds and declares that none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivision is consis- tent with the Redding General Plan and applicable specific plans. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Fulton that the rear yard setbacks and parcel size requirements be waived, and approving the recommendation of the Planning Commission and staff as hereinabove stated. The Vote : Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1544 for first reading, an ordinance of the City Council of the City of Redding amending Section 18. 06 . 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-2-81) . APPOINTMENT OF ALTERNATE REPRESENTATIVE TO LAFCO Mayor Pugh stated that Council has been advised that this year, the alternate LAFCO member selected will be from the City of Redding to represent the cities of Anderson and Redding. It is suggested that Council recommend to the City Selection • Committee that Barbara Gard be appointed the alternate LAFCO 43 member. 3 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher recommending to the City Selection Committee that Barbara Gard be appointed as the alternate LAFCO member to represent the City of Redding and the City of Anderson for a one year term. The Vote: Unanimous Ayes APPOINTMENT TO FISCAL REVIEW COMMITTEE - Canby-Hilltop-Cypress Redevelopment Project Mayor Pugh advised that the County of Shasta has formed a 40 o- Fiscal Review Committee with respect to the Redevelopment Plan for Canby-Hilltop-Cypress Redevelopment Project. As an 5/4/81 157 affected taxing entity within the district, the City of Redding will have one representative on the Committee. Mayor Pugh recommended that Howard Kirkpatrick be appointed to represent the City in this capacity. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard appointing Howard Kirkpatrick to represent the City on the Fiscal Review Committee for the Redevelopment Plan for Canby- Hilltop-Cypress Project. 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. 21 , check nos. 77004 through 77291 inclusive, in the amount of $1 ,239 ,621. 63 , be approved and paid, and that Payroll Register No. 22 , check nos. 144025 through 144570 , in the amount of $380 , 287. 32 , for the period April 12 , 1981 through April 25 , 1981, be approved. Total: $1, 619 , 908 . 95 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st Hearing Lewis A. Coleman - Claim filed 4/21/81 MOTION: Made by Councilman Demsher, seconded by Council- man Fulton that Claim for Personal Injury filed by Lewis Fe' A. Coleman on April 21, 1981, be referred to the City Insurance Carrier and the City Clerk be instructed to place the claim on the agenda for June 1, 1981. The Vote : Unanimous Ayes Mark E. Burlew - Claim filed 4/22/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Claim for damages filed by Mark E. Burlew on IA 3 • April 22 , 1981, be referred to the City Insurance Commit- tee and the City Clerk be instructed to place the claim on the agenda for May 18 , 1981. The Vote : Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Hays advised that the City of Redding has been served with the following Summons and Complaint: 1) Ronald O. Lyerla, attorney on behalf of Michelle / A Harang, a minor, vs. City of Redding et al ORDINANCE - re Rezoning Application PD-13-80 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1540 be waived. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman 144 Fulton that Ordinance No. 1540 be adopted, an ordinance of the City Council of the City of Redding amending Section 18 . 06 . 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-13-80) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Ordinance No. 1540 is on file in the office of the City Clerk. 5/4/81 158 ORDINANCE - re Passenger Loading Zones MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1541 be 1 3 waived. The Vote : Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1541 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 11. 24 of the Redding Municipal Code by repealing Section 11. 24 . 080 and substituting therefor a new Section 11. 24 . 080 , pertaining to passenger loading zones. Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick , and Pugh Noes : Council Members - None Absent: Council Members - None Ordinance No. 1541 is on file in the office of the City Clerk. ORDINANCE - re Commercial Vehicle Restrictions MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the full reading of Ordinance No. 1542 be waived. The Vote : Unanimous Ayes 13 MOTION: Made by Councilman Demsher, seconded by Councilman 1Fulton that Ordinance No. 1542 be adopted, an ordinance of the City Council of the City of Redding amending Title 11 of the Redding Municipal Code by adopting Chapter 11. 21, pertaining to commercial vehicle restrictions. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Ordinance No. 1542 is on file in the office of the City Clerk . NCPA MEMBER SERVICE AGREEMENT Mayor Pugh advised that the Power Committee has met and re- viewed the proposed NCPA Member Service Agreement. He stated that after many hours of discussion and review, the Committee hmamouim ufrm hecommMnaapovedofAphe 7014, A1g9r8e1e,meandtd.resA- sing questions asked by Council Members , was submitted and Mayor Pugh expressed the hope that the questions raised by ( (p Howard Kirkpatrick and Barbara Gard have been answered in this report. Councilman Demsher said he feels Council has had adequate time to review the Agreement and that Council Members who are not members of the Power Committee, have a better picture. He feels that through this Agreement the City of Redding can proceed with the generation of additional power sources. Councilwoman Gard thanked staff for the report and stated it helped her better understand the Agreement. Resolution - Approving the NCPA Member Service Agreement MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 81-82 be adopted, a resolution of the City Council of the City of Redding authorizing the Mayor to execute the Member Service Agreement with the Northern Cali- fornia Power Agency. 5/4/81 159 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-82 is on file in the office of the City Clerk. REQUEST FROM CATHOLIC CHURCH TO PURCHASE PROPERTY - Benton Airpark City Manager Brickwood reported that John Roach, representing the Catholic Church, has discussed with him the possibility of the City selling land east of Benton Airpark to the Church. Said property was outlined on the map which is hereby made a o2DC0 part of these minutes by reference. Mr. Brickwood advised that III in discussing this with the Airports Manager and staff, as well as the Airports Commission Chairman, it is felt that the City should not dispose of this land as it was originally intended to act as a buffer between the Airpark and the residential area to the east. The Church wished to pursue the matter further and for this reason, a determination is being requested from Council as to whether or not it wishes to dispose of this property. In response to an inquiry from Mrs. Gard, Mr. Perry advised that the zoning on the property is R-l. It was noted that if the City sold this property, it would have to be offered to the highest bidder and could mean that a subdivision could be constructed on the edge of the airport. Mrs. Gard noted that the City has been consistently acquiring property around the airport to protect its longevity and felt it would not be appropriate to sell any of this property near the Benton Airpark for any reason. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that the property east of Benton Airpark as hereinabove stated, not be sold as surplus property. The Vote : Unanimous Ayes CARTER HOUSE MUSEUM - Contract Service Assistant City Manager Courtney reviewed a memorandum to Council dated April 30 , 1981, from himself and the Director of Planning and Community Development. He stated that since May 1, 1980 , the City has contracted with the Shasta Natural Science Association for the operation of the Carter House • Science Museum. The contract rate for the first year of operation on this basis was $17 ,500. He noted that four members of the Carter House staff are CETA employees and have either been terminated or scheduled to be terminated due to federal funding reductions. LID Mr. Courtney stated that the Museum Coordinator has requested a $30, 000 budget, but due to the need to curtail 1981-82 expendi- tures, staff is recommending funding in the amount of $24 , 000 for the period beginning May 1 , 1981, and ending April 30 , 1982 . It is felt that the Carter House Science Museum offers an array of programs for the Community which are needed and are appropriate for the City to support. However, staff feels that a continuing effort should be maintained to develop funding 5/4/81 160 sources that will reduce the dependence of this activity on the City' s General Fund. It is the recommendation of staff that an agreement be approved • with the Shasta Natural Science Association - Carter House Science Museum, for funding in the amount of $24 ,000 for the period May 1, 1981 through April 30 , 1982 , and that the Mayor be authorized to execute said document on behalf of the City. Mrs. Gard asked if this is a survival budget and Mr. Courtney advised that it will mean some reduction in the operation of the Museum. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving an Agreement with the Shasta Natural Science Association-Carter House Science Museum, as hereinabove stated. The Vote : Unanimous Ayes REQUEST FROM CATHOLIC CHURCH TO PURCHASE PROPERTY Councilman Fulton referred to this previously considered request and inquired as to the possibility of an exchange of property with the Catholic Church. Mr. Brickwood advised that this issue has been discussed and the property the Church wishes to exchange is of no value to the City. Councilman Fulton felt that the school , which is located next to the subject property, has been in this location for many 02Ib1 years and has caused no problems. I Mayor Pugh stated that the subject property is zoned R-1 and if it were sold, it would have to go out to bid and could possibly be developed as an R-1 subdivision. Council Members Kirkpatrick and Demsher concurred that the original reason for acquiring the property was to provide a buffer zone, and selling the property would be inviting the kinds of problems the City is trying to avoid. Mr. Brickwood explained that the Church owns property to the north of the school, between the school and Placer Street and suggested they develop this property for their facility. SET PUBLIC HEARING - Appeal of Tentative Subdivision Map S-3-81, by Everett Whitney MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher setting a public hearing for 7 : 30 P.M. , May 18 , 1981, to consider the appeal of Tentative Subdivision Map S-3-81, by Io Everett Whitney. The Vote : Unanimous Ayes Note : EIR-5-79 (ratified by Council on 10/15/79) for the General Plan Amendment, Sulphur Creek Area, which addressed this project, was submitted to Council for review in con- junction with the abovementioned subdivision. REQUEST TO FORM AN ASSESSMENT DISTRICT - Western Ranches (Annexation No. 80-12) Planning and Community Development Director Perry reported that /at in November of 1980 , Council authorized staff to mail petitions for formation of an assessment district for water system improvements to the Western Ranches , Western Homes and Shasta 5/4/81 s 161 Ranches area. The petition also provided that once the asses- sment district was formed, Council would commence annexation proceedings. At this time, sufficient petitions have been returned to form the district. A map of the area was shown on the Vu Graph and Council was supplied charts showing percent- ages by area, lots and registered voters. It is the recommendation of staff that Council refer the matter to the Public Works Department for formation of an assessment district. This will also require the consent of the Board of Supervisors for the initial formation of the district. Councilwoman Gard referred to previous discussions regarding a "Ranchette" type zoning for areas such as this and hoped that this type of zoning category could be on the books before this annexation is commenced. Mayor Pugh concurred that Council would like to see a recom- mendation from the Planning Department regarding a "Ranchette"- type zoning as soon as possible. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that petitions from Western Ranches area, be referred to the Public Works Director for the formation of a water system improvements assessment district. The Vote : Unanimous Ayes URBAN BOUNDARIES STUDY - Planning Commission Resolution Planning and Community Development Director Perry reviewed his A memorandum to Council dated April 30 , 1981. He submitted a 111 copy of a joint resolution between the Planning Commission of I(P the Cities of Anderson, Redding, and Shasta County, requesting authorization to jointly conduct an urban boundary study. Said resolution is hereby made a part of these minutes by reference. He advised that the Commissions feel that there are many benefits to be gained from such a study including: 1. General Plan integration 2 . Integration of development standards for urban development 3. Identification of areas likely to be annexed within the next twenty years It is the recommendation of staff that Council authorize the Redding Planning Commission to undertake a joint study with the other two commissions. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard authorizing the Redding Planning Commission to undertake a joint study with the Planning Commissions of the City of Anderson and the County of Shasta. The Vote : Unanimous Ayes RECREATION ELEMENT - Redding General Plan Planning and Community Development Director Perry reviewed his memorandum to Council dated April 30 , 1981 . He submitted to Council, a contract to prepare a Recreation Element for the 111 Redding General Plan. Funding for the element was included in the 1980-81 budget. Mr. Perry explained that the intent of j'1 this element is to set standards for park and open-space dedication, develop schematic plans for four parks, establish park and recreation goals and policies, and to prevent acquisi- tion of nonessential park land. A questionnaire is also included in the proposal which would be circulated through utility billings. 5/4/81 162 Mr. Stewart of Patterson, Stewart and Associates, has agreed not to exceed $15 , 000 , and the time line for the element will be approximately six months. It is the recommendation of staff that the contract with Patterson, Stewart and Associates , be approved with the cost not to exceed $15 , 000 . MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of staff as herein- above stated. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 81-8 - Marjorie Beeman Planning and Community Development Director Perry reviewed his memorandum to Council dated April 30 , 1981. He submitted a letter from a property owner located on Henderson Road request- ing annexation to the City. A map of the area was shown on the X45 /A Vu Graph. Mr. Perry advised that the property is located in an island area south of Cypress Avenue and east of the Sacramento River. He stated that based on property values, property to the west and the office area of Redding Transit Mix to the east can be included in the annexation. He explained that there is not sufficient land value to also annex the hopper area of the cement plant. Staff has contacted Redding Transit Mix on several occasions about annexing to the City, but to date a request has not been filed. It is the recommendation of staff that annexation proceedings be commenced, that the City Attorney be instructed to prepare resolutions to commence proceedings and exchange property tax revenues, for the next regular Council meeting. Mayor Pugh asked about including the Redding Transit Mix Office parcel and not including the Redding Transit Mix Plant in the annexation, if they are one parcel. City Attorney Hays advised that a parcel cannot be split by annexation boundaries which cannot otherwise be split; however, it is not known that the R.T.M. Plant and Office locations are one parcel. If it is one parcel, it may not be annexed. Mr. Perry advised that staff will research the matter at the Assessor' s Office. Councilwoman Gard stated she is opposed to including people in annexations when they do not wish to be included. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of staff that annexation proceedings be commenced and instructing the City Attorney to prepare resolutions to commence proceedings and exchange property tax revenues for the next regular meeting. The Vote : Unanimous Ayes SET PUBLIC HEARING - General Plan Amendment Application GPA-2-81, by the R. C. Roberts Company l MOTION: Made by Councilman Kirkpatrick, seconded by Councilman 14o Fulton, setting a public hearing for 7 : 30 P.M. , May 18 , 1981, to consider General Plan Amendment Application GPA-2-81, by the R. C. Roberts Company. The Vote : Unanimous Ayes 5/4/81 163 SET PUBLIC HEARING - Rezoning Application RZ-2-81, by Alan Brayton qt( MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick, setting a public hearing for 7 : 30 P.M. , June 1, 1981, to consider Rezoning Application RZ-2-81, by Alan Brayton. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 80-18 - Airport Area Planning and Community Development Director Perry reviewed his recommendation to Council dated April 30 , 1981 . He stated that on November 26 , 1980 , Council authorized the preparation of a resolution to commence proceedings for annexation of the airport area. Since that time, several additional annexation requests have been received which make it possible to change ç3oL g the annexation from an uninhabited annexation to an inhabited annexation. A map of the area, including the additional COit. properties requesting annexation, was shown on the Vu Graph. It is the recommendation of staff that Council adopt a resolu- tion to formally commence annexation proceedings for the amended boundary. Resolution - Commencing Annexation MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Resolution No. 81-83 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 inhabited territory designated City of Redding Annexation No. 80-18 (Airport and Rancho Road Area) . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None • Absent: Council Members - None Resolution No. 81-83 is on file in the office of the City Clerk. ANNEXATION REQUEST NO. 81-1 - Arizona Street Planning and Community Development Director Perry reviewed his memorandum to Council dated April 29 , 1981. He stated that at its meeting of April 20, 1981, Council adopted Resolution No. 81-63 setting a protest hearing for the Arizona Street annexa- tion. Since then, we have found an error in the legal descrip- tion and have prepared a resolution to rescind Resolution No. 81-63 and to set a new protest hearing. 6433 lo It is the recommendation of staff that this resolution be COAPL adopted. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 81-84 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 81-63 , initiating proceedings for annexation to the City of Redding of uninhabited territory described herein and desig- nated "City of Redding Annexation No. 81-1 , " (Arizona Street Area) , and giving notice of a new time and place for hearing protests, 7 : 30 P .M. , June 1 , 1981. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-84 is on file in the office of the City Clerk. 5/4/81 164 ANNEXATION REQUEST NO. 80-13 - Argyle Estates Planning and Community Development Director Perry reviewed his memorandum to Council dated April 30 , 1981. He stated that on October 6 , 1980 , Council referred the petition from 63 property owners in the Argyle Estates area to the Growth Committee for report. Council also referred the petition to the Public Works Department for evaluation of the existing water system in the area. In terms of water use, the area can be divided into two areas : Argyle Estates and Forest Hills Subdivision. Mr. Perry advised that the Argyle Estates area is on individual wells and the Forest Hills area has a two-well mutual water company. Mr. Perry explained that, based on the evaluation by the Public Works Department, the existing mutual water system does not meet City Standards . He noted that the existing lines are _203 ,c substandard in diameter and inadequate to meet ISO fire-flow • requirements . In order to prevent any adverse impact on the C City' s existing fire rating, it is the recommendation of the Growth Committee that Council condition the annexation to require formation of a water-assessment district for the improvements outlined in the report from the Superintendent, Public Works Field Operations , dated November 12 , 1980 , which is hereby made a part of these minutes by reference, and that the mutual water company be transferred to City ownership after being brought up to City of Redding standards. It is also recommended for those properties being served by a mutual water system that the water-connection fee be waived. Mr. Perry reviewed the cost of improvements per lot and advised that lots in the Argyle Estates area would pay an additional connection and meter fee if they chose to connect to the domestic water supply. In Forest Hills , there would be an additional meter charge. If Council concurs , it is recommended that staff be authorized to mail an information letter and a petition to each of the residents in the area; if sufficient petitions are returned for formation of an assessment district, the matter would then be returned to Council for formation of an assessment district and commencement of annexation proceedings. Councilwoman Gard inquired as to the possibility of the City wanting to purchase the wells. Public Works Director Arness stated this may be a possibility and if so, there would be an exchange of value for the connection fee. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the Growth Committee and staff as hereinabove stated and authorizing staff to mail an information letter and petition to each of the residents in the area for the possibility of the formation of an assessment district. The Vote : Unanimous Ayes ANNEXATION REQUEST NO. 80-5 - Westwood Manor Mayor Pugh abstained from voting and discussion on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 1, 1981. He stated that on August 21 , 1980 , Council referred a 408 signature petition from /0residents of Westwood Manor to the Growth Committee for report 13 and recommendation. Since that time , the Growth Committee has been discussing property tax allocations with the County, reviewing the adequacy of the existing water system, and obtaining cost estimates for the purchase of the Pinal Water Co. , Inc. 5/4/81 165 Mr. Perry advised that one of the main concerns of the Growth Committee is that if the Pinal Water Company became neglected, residents of the area would turn to the City for help. There- fore, it is the opinion of the Growth Committee that an assess- ment district should be formed for the customers of the water system to finance its acquisition and transfer to the City. It is the recommendation of the Growth Committee that the customers of the Pinal Water Company be asked to finance $200 , 000 through an assessment district for acquisition of the system. For the approximate 396 customers, this would amount to about $506 per residence. The cost for improvements in the new shopping center or the equivalent water use is not known at this time. It is further recommended that staff be authorized to send an information letter and petition to form an assessment district to each property owner in the subdivision. He noted that in the meantime, perhaps the property tax exchange issue will be • • resolved. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Growth Committee and staff as hereinabove stated and authorizing staff to send an information letter and petition to each property owner in the subdivision regarding the formation of an assessment district. The Vote : Unanimous Ayes with Mayor Pugh abstaining • SET PUBLIC HEARING - re Appeal of UP-15-81, by David C. Burt MOTION: Made by Councilman Demsher, seconded by Councilman /0) Kirkpatrick setting a public hearing for 7 : 30 P.M. , May 18 , 1981, to consider the appeal of Use Permit Application UP-15-81, by David C. Burt. The Vote : Unanimous Ayes CHURN CREEK MEADOWS SUBDIVISION - Request from Jerry Nash for Construction Cost Credits Planning and Community Development Director Perry reviewed his memorandum to Council dated May 1, 1981. He stated that the Growth Committee reviewed the request by Jerry Nash for a credit against the Capital Improvement Element for his off-site work in conjunction with the development of the 110 lot sub- division, Churn Creek Meadows. A map of the area was shown on the Vu Graph and Mr. Nash' s letter and cost estimates was submitted to Council. Mr. Perry advised that in approving the 110 lots, the Planning Commission required that with Unit 5 , the developer extend Victor Avenue to Churn Creek Road to provide access other than by Alta Mesa or Huntington Drives. Mr. Nash was required to grade four lanes and pave the equivalent of two driving lanes I08 and a bike lane between the south edge of the subdivision and Iuf Churn Creek Road. The City' s share in this phase of the project is the acquisition of right-of-way across an inter- vening parcel and the paving of the third and fourth driving lanes. The County is participating in one-half of the cost of the Victor-Churn Creek Road intersection. Mr. Perry stated that in the future, the City will eventually be responsible for signals where Victor intersects both Churn Creek Road and Hartnell Avenue. A cost estimate was submitted to Council for the construction of Victor between Hartnell Avenue and Churn Creek Road, for a total of approximately $2, 340 ,600 , not including right-of-way, traffic signals , or improvements north of Hartnell. This is 5/4/81 166 equivalent to about $1, 360 per dwelling unit not including the other factors . The City will be paying over $1,110 , 803 for the project by picking up the share of existing residents , the cost of the road across the Enterprise Treatment Plant, and partici- pation in the bridge across Churn Creek. After evaluating the costs , the need for the subdivision to have access via Victor Avenue , the fact that the City is already picking up the value of the existing lots in Units 1, 2 , and 3 , and buying right-of-way, it is the recommendation of the Growth Committee that the request be denied. Councilwoman Gard said the costs to the developer do not seem disproportionate for off-site improvements and are not incon- sistent with other developments. Mr. Jerry Nash, developer of Churn Creek Meadows Subdivision, addressed Council and stated that the County did not require them to dedicate right-of-way; they bought the land. He stated that there are certain requirements that are not shown on the City' s cost estimates. Mr. Nash cited other subdivisions which have been given tax credits for off-site construction costs , and felt that the City is not being consistent in its require- ments. Mr. Perry stated that other subdivisions have not been given tax credits for capital improvements and that all residential subdivisions have the same standard requirements such as fencing, lighting, etc. Mayor Pugh remarked that as long as there is no distinction between Mr. Nash' s subdivision and others in the area, he is in agreement with the recommendation that the request be denied. Mr. Nash noted that he has several cross-sections of Victor Avenue but has not been able to finalize the design. This matter was referred to the Director of Public Works. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Growth Com- mittee with regard to capital improvement credits for Churn Creek Meadows Subdivision, that the request be denied. The Vote : Unanimous Ayes REQUEST TO SELL BEER - Alta Mesa Park Director of Parks and Recreation Riley reviewed his memorandum to Council dated April 30 , 1981. He stated that the Parks and Recreation Commission met on April 29 , 1981 , to hear a request for permission to sell beer at the 1st annual Budweiser Slow Pitch Softball Tournament which is to be held on June 6 and 7 at the Alta Mesa Park. The Commission recommended approval of this request subject to three conditions. Mr. Riley noted that his department has received phone calls and two written protests regarding the public address system and excessive drinking being conducted at the park. These conversations indicated that a committee is being formed to bring a formal protest to the attention of Council. Councilman Kirkpatrick stated he has received one note to the Council on this matter. 5/4/81 167 Councilwoman Gard felt that this was an inappropriate location for this type of park and that the use of the ballfield at night compounds the problems of excessive drinking. Councilman Demsher concurred that this park does not lend itself to this type of activity. In response to an inquiry from Mayor Pugh, Mr. Riley stated that the instances of excessive drinking have not been by permit but by general usage. It was noted by Mrs . Gard that the alcoholic ban does not apply to this park. In response to an inquiry from Councilman Demsher, Mr. Riley felt the problem being experienced in Alta Mesa Park is pro- bably a transferrence of the problems from some of the other parks. Councilman Kirkpatrick stated that when the park was developed, there were no residential uses adjacent to it and perhaps the City should consider reducing the noise and lights and return it to a daytime use. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that the request by the 1st Annual Budweiser Slow Pitch Softball Tournament to sell beer at Alta Mesa Park, June 6 and 7 , be denied. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes : Council Members - Pugh Absent: Council Members - None In response to an inquiry from Mr. Kirkpatrick, Mr. Riley stated he would check to see if there is another facility which could be used for this event. Mr. Kirkpatrick noted that the drinking ban in South City Park and Alta Mesa Park will be discussed by himself and staff and a recommendation will be made. REQUEST BY EXCHANGE CLUB OF REDDING - re Installation of Freedom Shrine Display in the New Terminal at Redding Municipal Airport MOTION: Made by Councilman Demsher, seconded by Councilman d Fulton approving a request from the Exchange Club of Redding to 0 place a Freedom Shrine display in the new terminal at Redding Municipal Airport, consisting of the 26 most important docu- ments of the history of the United States. The Vote : Unanimous Ayes PUBLIC WORK' S PLANNING REPORT Public Works Director Arness submitted the Public Work' s 3�0 Planning Reports for May, 1981. AWARD OF BID - Reconstruction of Traffic Signals on Court Street Mayor Pugh abstained from voting on this item. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Bid Schedule No. 1292 , reconstruction of traffic 113J signals on Court Street at Shasta Street, be awarded to Bard Enterprises , Inc. on its low bid in the amount of $47 ,444 . 41. The Vote: Unanimous Ayes with Mayor Pugh abstaining 5/4/81 168 ACCEPTANCE OF FINAL MAP - El Verano Estates Subdivision, Unit No. 2 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Final Map of El Verano Estates Sub- ' D� division, Unit No. 2 be accepted, that the City Clerk be instructed to file the map with the Shasta County Recorder, and that the Mayor be authorized to execute the Subdivision Agree- ment. The Vote : Unanimous Ayes RESOLUTION - re Three-Hour Unmetered Parking in Parking Lot No. 11 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-85 be adopted, a resolution of the City Council of the City of Redding amending the traffic 'i3(, control map by removing Parking Lot No. 11 from the parking meter zone and establishing said lot as a three hour unmetered parking zone. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None • Absent: Council Members - None Resolution No. 81-85 is on file in the office of the City Clerk. LEASE AGREEMENT - People of Progress MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving a one year lease with the People of Ar�. Progress for the use of the former Diestlehorst property for that organization' s community garden project. The Vote : Unanimous Ayes AGREEMENT - Professional Touch MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving an agreement with William R. Ritter, dba The 3 51 Professional Touch, to perform window cleaning services in City buildings for a one year term. The Vote : Unanimous Ayes AGREEMENT - Leslie H. Harnois , dba Modern Sanitation MOTION: Made by Councilman Demsher, seconded by Councilman 351 Kirkpatrick approving a one year agreement with Leslie H. Harnois , dba Modern Sanitation, to perform janitorial services in City buildings . The Vote : Unanimous Ayes RESOLUTION - In Support of H.R. 3053 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-86 be adopted, a resolution of the City Council of the City of Redding urging favorable AO" consideration of H.R. 3053 in support of downhill skiing on Mt. Shasta. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-86 is on file in the office of the City Clerk. ORDINANCE - re Oversizing of Improvements and Reimbursements City Attorney Hays reviewed his memorandum to Council dated IV April 30 , 1981. He stated that the adoption of this ordinance 1(� will provide in our Municipal Code the authority to require 5/4/81 169 oversizing of improvements by subdividers to serve areas not within the subdivision, and provide for reimbursement by the City to those subdividers of the difference in cost between the capacity serving the subdivision only and the total oversized capacity. Mr. Hays advised that this procedure was set forth in the City Code previously, then deleted, and since its deletion, we have entered into such reimbursement agreements on the basis of our authority as a general law city to enter into various types of contracts with other parties. It is felt at this time, how- ever, that it is appropriate to again provide specifically for this procedure within our Code. Councilman Demsher offered Ordinance No. 1545 for first read- ing, an ordinance of the City Council of the City of Redding amending Chapter 17 . 40 of the Redding Municipal Code by adopt- ing New Sections 17 . 40 . 140 and 17 . 40 . 150 , pertaining to over- sizing of improvements and reimbursement. RESOLUTION - Establishing Procedures and Requirements for the Consideration of Development AgreementsloqD MOTION: Made by Councilman Kirkpatrick seconded by Councilman 1 - Demsher that Resolution No. 81-87 be adopted, a resolution of the City Council of the City of Redding establishing procedures and requirements for the consideration of development agree- ments under Government Code Sections 65864 - 65869 . 5 . Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None 111 Absent: Council Members - None Resolution No. 81-87 is on file in the office of the City Clerk. CAL TANK - Report from City Attorney Mayor Pugh abstained from voting and discussion on this item. City Attorney Hays submitted a report prepared for Councilman Demsher following his receipt of a letter from Mrs. Gouldsmith regarding the problems at Cal Tank. Said report is hereby made a part of these minutes by reference. Mrs. Gouldsmith' s letter pointed out several apparent violations at the Cal Tank opera- tion at 4155 Oasis Road. Mr. Gouldsmith, 4091 Oasis Road, appeared before Council and submitted a letter from herself and other interested property owners in the area, as well as other documents in connection with the conditions of approval of the Cal Tank operation. Her main areas of concern included increasing noise levels , unload- ing of trucks outside the building, lack of an acceptable visual barrier, routing of vehicles off Oasis onto Beltline , or off Beltline onto Oasis, as well as the landscaping and plant- ings along Woggon Lane. Mrs . Gouldsmith feels that the condi- tions of approval placed on this operation have not been enforced and that, as a result, property values have dropped. Councilwoman Gard stated that conditions placed on projects by the City are of no value if they cannot be enforced. City Attorney Hays advised that, as stated in his report to Mr. Demsher, on the visits he made to Cal Tank, he was not able to determine that the noise levels were unacceptable, nor did he observe the other violations which concern Mrs. Gouldsmith. 5/4/81 170 After viewing several pictures submitted by Mrs. Gouldsmith, Council Members Demsher and Gard concurred that violations were evident, such as stacking material above the fence and several dead trees which should be replaced. They felt that the City should have a better enforcement policy for the conditions placed on developers. Mr. Hays stated that in order to adequately enforce the condi- tions placed on developers , a staff member should be assigned to this task. Councilwoman Gard suggested that the noise level requirements be reviewed and that possibly an increase of 3 dba is too high. Councilman Kirkpatrick favored requiring a loading dock in the rear of the building. Councilman Demsher suggested that City Attorney Hays , Planning and Community Development Director Perry, and other appropriate staff members visit the site and ask the neighbors to accompany them to observe the operation. He suggested that perhaps a meeting with Mr. Meier would help resolve the problems and that staff should indicate to him what it wants to have done and what the alternatives will be if he does not comply. Mrs. Gard suggested that where there are areas of non-compli- ance, there should be an established procedure and that pro- cedure should be followed. Council Members concurred that the above course be taken and a report be made to Council at its next regular meeting. Mayor Pugh abstained from this decision. DRUG PARAPHERNALIA LEGISLATION Councilman Kirkpatrick stated that the drug paraphernalia resolution adopted by the County has been received by the City 3 p Attorney' s office and suggested that the City should also consider adopting that ordinance or a similar ordinance in the near future. Mrs. Gard said the League of California Cities has strongly supported this position also. Councilman Demsher concurred with the suggestion. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications : Paulson ' s Dog House (Patricia & Richard Paulson) 2130 East Street Long John Silver' s (Long John Silver' s , Inc. ) 1400 Eureka Way Poncho' s Villa (Christopher & Melvin Corbett) 1135 Pine Street #16 Jack' s Market (Patricia & Walter Klein) 3055 Bechelli Lane , Suites 1, 2 , & 3 Party Shop (Bamera, Inc. ) 1822 Eureka Way 5/4/81 171 ADJOURNMENT . There being no further business , at the hour of 10 : 05 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: . —4110111.05e7- rgrl:r - // ATTEST: City Clerk • III • III 5/4/81