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HomeMy WebLinkAboutMinutes - City Council - 1981-07-06 251 City Council Regular Meeting Police Dept. & Council Chambers Redding, California July 6 , 1981 7 : 00 P.M. 111 The Pledge of Allegiance to the Flag was led by Public Works Director Arness . The invocation was offered by Reverend Robert DeWolf, of the United Methodist Church. The meeting was called to order by Mayor Pugh with the following Council Members present: Demsher, Fulton, Gard, and Kirkpatrick. Also present were City Manager Brickwood, Public Works Director Arness, City Attorney Hays, Director of Planning and Community Development Perry, Director of Personnel and Labor Relations Reynolds, Director of Electric Lindley, Superintendent-Public Works Galusha, Director of Parks and Recreation Riley, Housing and Redevelopment Administrator Henson, Senior Associate Planner Keaney, Supervising Accountant Downing, Senior Assistant Planner Will, Assistant Planner Larko, Engineering Technician Duryee, Assistant Chief Housing Counselor Maurer, Secretary to the City Council Rupp, and City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Council Member Gard, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of June 15 , 1981, as mailed to each Council Member. The Vote : Unanimous Ayes with Councilmen Demsher and Fulton abstaining MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the minutes of the adjourned regular meeting of June 16 , 1981, as mailed to each Council Member. The Vote: Unanimous Ayes with Councilman Fulton abstaining WRITTEN COMMUNICATIONS Letter of Appreciation from Frontier T.V. Rentals - re Redding Police Department A letter from Frontier T.V. Rentals was reviewed by the City Clerk, commending the Redding Police Department for its help in recovering several stolen televisions. (p Council Member Gard suggested that the City Manager have a copy of the letter placed on the bulletin board in the Police Department. Petition from Property Owners Near Harpole & Alma Streets - re Installation of Stop Signs A petition was received from property owners near Harpole and Alma Streets citing traffic and safety hazards in the area and requesting that stop signs be installed. The matter was referred to the Public Works Director and 113.9 the Traffic and Parking Commission for report and recom- mendation. Letter from Bill Flournoy, Chairman of the Board of Supervisors , County of Tehama - re Red Bluff Diversion Dam A letter from Bill Flournoy was received expressing the 110(P 7/6/81 252 County of Tehama' s desire to work with the City of Redding in developing energy resources at the Red Bluff Diversion Dam. The matter was referred to staff and the Electric Depart- ment to work with the County of Tehama on this proposal. Letter from Franklin Cibula, Attorney for John Hoeflich - re Schedule Change for Redding Transit A letter was received from Franklin Cibula, representing John Hoeflich of Redding Transit, requesting that a public hearing be set to consider an operating schedule change from Sunday only to Wednesday and Friday. He requested that the hearing be set for July 20 , 1981. In response to an inquiry from Mayor Pugh, City Attorney 2(Q3 Hays advised that since the proposed route of Redding Transit is totally within the City limits , it would be appropriate for the City Council to deal with this issue rather than the Redding Area Bus Authority. Mr. Hays advised that it would be appropriate for the RABA to review the request, however, since it is within RABA' s area of concern. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that a public hearing be set for 7 : 30 P.M. , July 20 , 1981, to review the request of Redding Transit to revise its operating schedule, after said request is reviewed by the Redding Area Bus Authority at its next regular meeting of July 16 , 1981. The Vote : Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Council Member Gard that Accounts Payable Register No. 25 , check nos. 78016 through 78432 inclusive, in the amount of $843, 563. 68 , and Payroll Register No. 1, check nos. 78433 through 78457 inclu- sive, in the amount of $97 , 511. 32 be approved and paid, and that Payroll Register No. 26 , check nos. 146316 through 146943 , for the period June 7, 1981 through June 20 , 1981, in the amount of $411, 404 . 95, be approved. Total : $1, 352 ,479 . 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 Fred J. Klammt - Claim filed 6/29/81 MOTION: Made by Council Member Gard, seconded by Council- man Kirkpatrick that Claim for Damages filed by Fred J. Klammt on June 29 , 1981, be approved in the amount of $67. 84. The Vote : Unanimous Ayes Ronald R. Richardson - Claim filed 6/11/81 MOTION: Made by Council Member Gard, seconded by Council- 11 man Fulton that Claim for Damages filed by Ronald R. 121 Richardson on June 11, 1981, be approved in the amount of $86 . 50. The Vote : Unanimous Ayes Patrick Carey - Claim filed 6/15/81 MOTION: Made by Councilman Demsher, seconded by Council a�a Member Gard that Claim for Personal Injury filed by Patrick 7/6/81 253 • Carey on June 15 , 1981, be referred to the City Insurance Carrier and the claim be placed on the City Council Agenda for August 3 , 1981. The Vote : Unanimous Ayes Harry Wallman - Claim filed 6/18/81 MOTION: Made by Council Member Gard, seconded by Council- man Fulton that Claim for Damages filed by Harry Wallman on 123 June 18 , 1981, be approved in the amount of $38 . 97 . The Vote: Unanimous Ayes Edward C. Pace - Claim filed 6/22/81 MOTION: Made by Councilman Demsher, seconded by Council Member Gard that Claim for Damages filed by Edward C. Pace 1 ;1. 3 on June 22 , 1981, be denied and the claimant so advised. The Vote: Unanimous Ayes Robert Hogue - Claim filed 6/23/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Claim for Damages filed by Robert la Hogue on June 23 , 1981, be denied and the claimant so advised. The Vote: Unanimous Ayes Robert E. Reed - Claim filed 6/23/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Damages filed by Robert E. 123 Reed on June 23 , 1981, be approved in the amount of $58 . 87 . The Vote : Unanimous Ayes Janice Westman - Claim filed 6/25/81 MOTION: Made by Councilman Demsher, seconded by Council Member Gard that Claim for Damages filed by Janice Westman , 3 on June 25 , 1981, be approved in the amount of $70 . 00 . The Vote: Unanimous Ayes California State Auto Association on Behalf of Michael Mac Farlane - Claim filed July 1, 1981 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Claim for Damages filed by the California State lag Automobile Association on behalf of their insured, Michael or Kathleen Mac Farlane, be approved in the amount of $466 . 13. The Vote: Unanimous Ayes SETTLEMENT OF CLAIM City Attorney Hays advised Council that Claim for Personal Injury filed by Claire McDermott on May 5 , 1981 , has been 10202 settled by the City Insurance Carrier in the amount of $269 .49 . REPORT RE VIACOM CABLE TELEVISION - Rate Setting Formula City Attorney Hays reviewed the report of the CATV Committee dated July 2 , 1981. He stated that the Committee has evaluated Viacom' s request and studied A.B. 699 . Mr. Hays said that some consideration was given to the possibility of deregulating go-il cablevision rates; however, this possibility was discarded, since it seems unlikely that a competing cable television system would come into the community. It is the recommendation of the Committee that the rate of return method for establishing cable television rates is appro- priate for the City of Redding. This recommendation is based on the belief that if Viacom wishes to request a rate increase, it should submit appropriate documentation, which will be reviewed and acted upon in a prompt time frame. 7/6/81 254 Councilman Kirkpatrick stated that the Committee has had several meetings on this matter and discussed the subject at length. He noted that Viacom' s penetration of the market within the City of Redding is in excess of 70 percent. He stated that until the City receives proper documentation from Viacom, the Committee cannot recommend a rate increase. Mrs. Gard stated they have a virtual monopoly and felt the same rate-setting method should be used for cable television com- panies as is used for public utilities. Councilman Demsher commented that since competition was un- likely, he would not be in favor of deregulation. Councilman Fulton stated he is in accordance with the Commit- tee ' s findings. Mayor Pugh favored the rate of return basis for setting rates. He noted that a procedure should be followed when Viacom wishes a rate increase, and upon receipt of the proper documentation, the City should review the request in a timely manner. Mr. Jerry Brown, Area Manager for Viacom, indicated that he asked for the City' s guidance several months ago and concurred that a procedure should be established whereby a rate applica- tion could be reviewed and acted upon on a timely basis . Mr. Brown advised that a financial statement has been mailed from Viacom' s main office; however, since it did not arrive he requested that Council reconsider the matter on July 20, 1981 . Councilman Kirkpatrick detailed the Code requirements concerning Cable Television. MOTION: Made by Councilman Kirkpatrick, seconded by Council Member Gard that the method of rates be left as they are and instructing the City Attorney to pursue the collection of all income the City should be receiving for franchise payments , including Showtime revenue . The Vote : Unanimous Ayes In response to an inquiry from Mayor Pugh, City Attorney Hays advised that a rate increase application should go directly to staff with proper documentation. Mayor Pugh and City Attorney Hays agreed to meet with Mr. Brown to discuss the matter further. AWARD OF BID MOTION: Made by Councilman Demsher, seconded by Council Member Gard that all bids for Bid Schedule No. 1308, pole type and pad type distribution transformers, be rejected due to an ambiguity in the bid package (item No. 3) , and that the bid-package be 0243 clarified and re-bid. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None CITY OF REDDING PACKAGE INSURANCE PROGRAM The memorandum from the Assistant City Manager dated July 1, 1981 , was reviewed by Supervising Accountant Downing, and is hereby made a part of these minutes by reference. Cost quota- tions�I and information concerning insurance coverage within the scope of the City of Redding package insurance program were outlined. 7/6/81 f _ 255 It is the recommendation of the Assistant City Manager that the placement of the insurance coverage as outlined in the memoran- dum, be ratified and that the premium billings be authorized for payment. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Assistant City Manager and authorizing payment of premium billings. The Vote : Unanimous Ayes TENTATIVE SUBDIVISION MAP - S-5-80, by Jim Davis Council was advised that the Planning Commission has approved the request by Jim Davis to divide 10 acres located at 2985 gyp$ Hartnell Avenue into twenty lots. A map of the area was shown on the Vu Graph. SET PUBLIC HEARING - re Tentative Subdivision Map S-11-81, by Jim Graves et al Council was advised that the Planning Commission approved the subdivision of 56 . 4 acres of land located north of State Highway 299W and west of Sunset Terrace Subdivision into 65 lots. A map of the area was shown on the Vu Graph. Planning and Community Development Director Perry advised that Condition No. 33 requires Council authorization of the use of the City' s power of eminent domain to provide a safer access point to the subdivision. With respect to this issue, the lO Commission found that a public need and necessity exists with regard to providing a better access point. For Council to consider this recommendation, it is suggested that a public hearing be set for 7 : 30 P.M. , July 20, 1981. MOTION: Made by Councilman Demsher, seconded by Council Member Gard that a public hearing be set for 7: 30 P.M. , July 20 , 1981, to consider the public need and necessity to provide a better access point to Tentative Subdivision Map S-11-81, by Jim Graves et al. The Vote : Unanimous Ayes SET PUBLIC HEARING - Rezoning Application PD-1-81, by Statewide Developers MOTION: Made by Council Member Gard, seconded by Councilman Demsher that a public hearing be set for 7 : 30 P.M. , July 20 , 1981, to consider Rezoning Application PD-1-81, by Statewide Developers. The Vote: Unanimous Ayes ABANDONMENT APPLICATION - A-3-81 Planning and Community Development Director Perry advised that the Planning Commission unanimously recommended denial of the request to abandon a portion of Eugenia Street lying between Railroad Avenue and the east end of the new cul-de-sac. A map of the area was shown on the Vu Graph. Mr. Perry stated that the Commission' s decision was based in part on the rescinding of the application request by one of the abutting property owners who would have lost access to an J/� existing loading dock. Based on these factors, it is the recommendation of staff that a public hearing not be set and further proceedings be terminated. MOTION: Made by Councilman Kirkpatrick, seconded by Council Member Gard approving the recommendation of the Planning Commis- sion and staff that all further proceedings re Abandonment Application, A-3-81, be terminated. The Vote: Unanimous Ayes 7/6/81 256 RESOLUTION - Setting Public Hearing re Abandonment Application A-5-81 MOTION: Made by Council Member Gard, seconded by Councilman Kirkpatrick that Resolution No. 81-141 be adopted, a resolution of the City Council of the City of Redding declaring its inten- tion to vacate and abandon the frontage road on the south side of Cypress Avenue between Henderson Road and Lowden Lane (A-5-81) , setting a public hearing for 7: 30 P.M. , August 3, 1981. Voting was as follows : • Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-141 is on file in the office of the City Clerk. RESOLUTION - Lot Line Adjustment LS-6-81, Request for Waiver of Parcel Map MOTION: Made by Council Member Gard, seconded by Councilman Demsher that Resolution No. 81-142 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-6-81. �b$� Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-142 is on file in the office of the City Clerk. REPORT RE ALTA MESA BALLPARK Parks and Recreation Director Riley reviewed his memorandum to Council dated June 29 , 1981. He stated that the Parks and Recreation Commission met and discussed the Alta Mesa Ballpark problems as requested by Council. Mr. Riley said that repre- sentatives from the neighborhood and members of the Men' s Slow Pitch Softball Board of Directors were present at this • meeting and each entity gave their views on the rather delicate subject. The Commission made the following recommendations : 1. Effective immediately, the public address system be perma- nently eliminated including tournaments and other related .22 SA games . 2 . Effective immediately, the entire park site be included in the City ordinance prohibiting the possession and consump- tion of alcoholic beverages. 3. The 1981 season be completed by July 31 and only one post season tournament be scheduled for August 28 , 29 , and 30 . 4 . The limitations for the 1982 season be as follows: a) Three games per evening, Monday through Friday, b) Lights be operated no later than 10 P.M. c) League play to commence on June 1 and all regular games and tournaments are to be completed by August 31, d) Only two tournaments per month that would include weekends and not to be on successive weekends. 7/6/81 257 Mr. Riley stated that the softball park has created some pro- blems for the Parks and Recreation Department and hopefully this amicable approach by the players and neighborhood residents will result in a situation whereby both groups can enjoy the same area during the same time period. Mayor Pugh commended Mr. Riley and staff, the Commission, people from the neighborhood, and representatives from the Softball League, for the high level of negotiations which took place . He stated they have all worked together for a compromise on a solution which everyone can live with. Mrs. Gard inquired about the long-term solution to the increas- ing need for ballparks. She felt this is a totally inappro- priate location for such a facility. Mr. Riley advised that staff is working on the Parks and Recrea- tion Element of the General Plan and some alternative sites will be suggested. Mrs. Gard noted that this is a priority item. Councilman Fulton questioned the need for the alcohol ban in Alta Mesa Park. He stated this is an entirely different situa- tion than Lake Redding and Caldwell Parks . Mr. Riley explained that staff agrees that the use of alcoholic beverages in Alta Mesa Park has contributed to some of the problems and felt it would behoove the City to include the park in the ordinance banning the use of alcohol. 111 Councilman Demsher noted that the neighborhood has made it clear that drinking has contributed to their concerns at Alta Mesa. He felt that the permits for the use of alcohol have helped to control the problems in other parks and that it would be appro • - priate to include Alta Mesa Park. Councilman Kirkpatrick agreed that Alta Mesa Park is a different situation than Lake Redding and Caldwell Parks, and he does not blame the ball players for the problems; however, drinking does add to the noise problem in the park. Council Member Gard also concurred that this is a small park in the center of a residential neighborhood and the use of alcohol is magnified in this situation. Mr. Riley stated that the Board of Directors of the Men' s Slow Pitch Softball League is anxious to control the situation. MOTION: Made by Council Member Gard, seconded by Councilman Demsher approving the recommendation of the Parks and Recreation Commission as hereinabove stated. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes : Council Members - Fulton and Pugh Absent: Council Members - None REQUESTS TO SERVE/SELL BEER - Pacific Telephone and Redding Jaycees Parks and Recreation Director Riley reviewed his memorandum to ,25.2-0 Council dated June 29 , 1981, which is hereby made a part of these minutes by reference. Mr. Riley submitted two beer requests. 7/6/81 258 Mr. Riley advised that the Parks and Recreation Commission has recommended approval that Pacific Telephone be given permission to serve beer at their picnic on July 18 in Lake Redding Park subject to three conditions of approval. Mr. Riley further advised that the Parks and Recreation Commis- sion has recommended approval that the Redding Jaycees be given permission to sell beer during the 4th Annual July River Raft Days on July 19 at the Posse Ground Boat Ramp and Riverfront Park in Turtle Bay subject to four conditions of approval. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the above requests be approved subject to the conditions as stated in the staff report to Council dated June 29 , 1981, and adding the prohibition of the use of cans as well as glass bottles. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick , and Pugh Noes: Council Members - Gard Absent: Council Members - None JOINT PUBLIC HEARING - Redevelopment Plan for Canby-Hilltop- Cypress Redevelopment Project and Certification of Final EIR The hour of 7: 30 P.M. having arrived with the Redding City Council in session, Mayor Pugh commenced the procedure for opening a joint public hearing re the Redevelopment Plan for Canby-Hilltop-Cypress Redevelopment Project and Certi- fication of Final EIR relating thereto by the Redding City Council and the Redding Redevelopment Agency. The Redding Redevelopment Agency is convening in a duly noticed special meeting. The following members of the Redding City Council were present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh. 9 The hour of 7 : 30 P.M. having arrived, Chairman Williams called the special meeting of the Redding Redevelopment 3 (9 Agency to order, with the following Agency Members present: Green, Limond, McDaniel, Van Dyke , and Williams . Absent: Hullinger In addition to members of the City staff, also present were David Beatty, Special Redevelopment Legal Counsel and Lyle Stewart, Planning Consultant. Housing and Redevelopment Administrator Henson submitted the following exhibits pertaining to the public hearing: Affidavit of Publication - Notice of Joint Public Hearing (Exhibit 1) Certificate of Mailing - Notice to property owners within the area with attachments (Exhibit 2) Certificate of Mailing - Notice to taxing agencies with attachments (Exhibit 3) 11 These documents were received as Exhibits 1, 2 , and 3. Mayor Pugh declared the joint public hearing open and stated that the Community Redevelopment Law of the State of California, under which this public hearing is being held requires certain • 7/6/81 259 procedures be followed. He noted that a transcript will be made of the hearing and therefore requested that all persons making statements and giving testimony be sworn in. Mayor Pugh stated this is a combined hearing on both the Rede- velopment Plan and the certification of the Final Environmental Impact Report on the Redevelopment Plan, and asked that each speaker make it clear when their remarks are directed to the Plan, the adequacy of the Final Environmental Impact Report, or both. The following staff members were sworn in: City Manager Brickwood, Director of Planning and Community Development Perry, Housing and Redevelopment Administrator and Secretary of the Redevelopment Agency Henson, Senior Associate Planner Keaney, City Attorney Hays , Special Legal Counsel Beatty, Lyle Stewart, Planning Consultant, and City Clerk Richter. Mayor Pugh asked those persons in the audience who may wish to offer testimony during the hearing to be sworn in and stated that those who did not know if they would testify and were not sworn in presently would be sworn in individually when they testified. Mayor Pugh said that all persons desiring to speak would be given an opportunity to do so. The court reporter administered the oath to those indicating they would testify. Special Legal Counsel Beatty stated that the purpose of this hearing is to consider evidence and testimony for and against the adoption of the Redevelopment Plan and the certification of the Final EIR. Mr. Beatty reviewed the findings and determina- tions, all of which are included in Section 33367 of the Health and Safety Code, and other statements and determinations set forth in the proposed ordinance adopting the Redevelopment Plan. Mr. Henson submitted the following document as an exhibit: Certification of Certain Official Actions (Exhibit 4) This document was received as Exhibit 4. Planning and Community Development Director Perry reviewed his report to the City Council and Redevelopment Agency dated July 1, 1981. He made some introductory background comments about the City' s General Plan, some of the deficiencies that presently exist in the City and the benefits we would hope to see from the redevelopment process as a means to correct these deficiencies and to meet the General Plan. Mr. Henson submitted the following document as an exhibit: Inter-Department Communication to all members of the City Council and Redding Redevelopment Agency from the Director of Planning and Community Development dated July 1, 1981, the subject of which is Canby-Hilltop-Cypress Redevelopment Project. (Exhibit 5) This document was received as Exhibit 5 . Mr. Stewart referred to and briefly summarized pertinent parts of the Report of the Agency to the City Council. 7/6/81 260 Mr. Perry referred to a report to the City Council and Rede- velopment Agency from the Director of Planning and Community Development, dated June 30 , 1981, concerning comments of the Fiscal Review Committee. Said Committee consists of repre- sentatives from twelve taxing agencies in the Redevelopment Project area. Mr. Henson submitted the following documents as exhibits: Report on the Redevelopment Plan for the Canby- Hilltop-Cypress Redevelopment Project by the Redding Redevelopment Agency dated May 15 , 1981. (Exhibit 6) Report of the Director of Planning and Community Develop ment to the City Council and Redevelopment Agency entitled Comments of the Fiscal Review Committee dated June 30 , 1981 (Exhibit 7) . These documents were received as Exhibits 6 and 7 . Senior Associate Planner Keaney referred to and briefly summar- ized the Final EIR on the Redevelopment Plan. He noted that the Draft EIR is a part of the Report of the Agency to the City Council on the Redevelopment Plan and that Final Environmental Impact Report consists of the Draft EIR as circulated and responses to comments from the public on the draft. Mr. Henson submitted the following documents as exhibits: Final Environmental Impact Report on the Canby-Hilltop- Cypress Redevelopment Project, EIR-3-81 (Exhibit 8) . Report from the Planning and Community Development Director to the City Council and the Redevelopment Agency, dated July 1, 1981 , concerning the Final EIR (Exhibit 9) . Proposed Redevelopment Plan for the Canby-Hilltop-Cypress Redevelopment Project (Exhibit 10) . Rules governing participation by property owners and business occupants in the Canby-Hilltop-Cypress Redevelop- ment Project (Exhibit 11) . These documents were received as Exhibits 8 , 9 , 10 , and 11. Mayor Pugh asked that any written comments received on the Redevelopment Plan or the Final EIR be placed into the record at this time. Mr. Henson advised that a letter has been received from William Richardson, 2196 Washington Avenue, protesting the extension of June Street to Hartnell. A letter was also received from Delmar Stephens, asking for further information on the Redevelopment Project. Mr. Henson advised that a third letter was received from James and Judith Ceragioli , 1861 Shasta Pines Way, dis- agreeing with the methods of financing the Redevelopment Project, problems with the EIR and other aspects of the Rede11 - , velopment plan. Mr. Henson submitted these letters and they were received as Exhibit 12 . 7/6/81 261 Mayor Pugh advised that oral testimony in favor of the Rede- velopment Plan or Final EIR will now be heard. There were no comments in favor of the Plan or Final EIR. Mayor Pugh advised that oral testimony in opposition to the Redevelopment Plan or Final EIR will now be heard. James Ceragioli, 1861 Shasta Pines Way, advised that he has been sworn. He questioned the overcrossing north of Highway 44 and the noise impact this would have on the Mt. Shasta Subdivision. He said the EIR does not address this problem. Mr. Perry advised that the Final EIR does show a noise impact but added that there is no proposal to mitigate the impact. Mr. Ceragioli objected to the June Street extension and the major impacts on Parsons and Rother schools with the widening of Hartnell to four lanes . He objects to the citizens of the City having to pay for improvements to private property in the form of Housing Rehabilitation loans and grants . He suggested that if the area is blighted, possibly the abatement procedure should be used. Mr. Ceragioli is in agreement that the enlargement of water and sewer lines are needed but feels that development fees could handle much of these costs. He also noted that no mention is made of any projects to relieve the problem of having only one east/west arterial in the area. Mr. Alan Swanson, 1648 Riverside Drive, stated he has been sworn. He stated he represents Mr. & Mrs. Carl Mc Connell. Mr. Swanson advised that his clients have no plans to sell or develop their property in the immediate future and do not wish to be included in the project area. He feels the boundary should be Canby Road instead of the Mc Connell property. Mr. Perry explained that amendment of the boundary would mean that the Plan would have to go back to the Planning Commission and the Redevelopment Agency for reconsideration which would delay establishment of the base year for purposes of sequester- ing the tax increment from fiscal year 81/82 to fiscal year 82/83 , which would amount to a one year delay. In response to an inquiry from Mr. Beatty, Mr. Stewart advised that the reason for including this property in the Project area is that there is a major drainage problem on the corner of the property and it is extremely important that this property be included. Mr. Steve Swendiman, representing the Shasta County Board of Supervisors and the Fiscal Review Committee said he had been sworn. He requested delaying a decision on the project until the City staff was authorized by Council to negotiate sharing of revenues with the Fiscal Review Committee and to discuss other financing techniques. The Board is not opposed to the Project but only the method of financing. He stated they are not concerned with the loss of a tax increment for one year but for 20 years. He said it could mean the demise of some of the taxing agencies such as the Mosquito Abatement District. Mr. John Clark, 950 Redbud Drive, stated he has been sworn. Mr. Clark indicated two areas of concern: 1) financing for 7/6/81 262 schools, and 2) whether the Redevelopment Agency is the proper vehicle for this type of project. He said at present the State will match any funds lost by schools , but it is not sure that they will be in a position to continue this practice. • Mr. Clark questioned the need for an expenditure of $11, 000 ,000 for low and moderate income housing in the Redding area and expressed concern regarding the impact this would have on the quality of the school district and on classroom capacity. He also noted that during the construction period, there will be an increase in jobs bringing additional families to the area and children to the schools. Schools will then have an increase in enrollment with no increase in funds. Mr. Clark feels that all people and agencies who benefit from this Project should share in the financing. Mr. Marion Hardy, 1940 Shady Lane, representing Enterprise Elementary School, stated he has been sworn. Mr. Hardy said the school district has not taken a stand for or against the Plan. He is glad the Plan includes pedestrian and bicycle paths, but is concerned about the widening of Hartnell and extension of Hartnell to Cypress. Mr. Hardy said this would have the effect of placing a major thoroughfare between two schools , Parsons and Rother, and thus creating a hazard for students crossing in this area. He opposed the extension of June Street and suggested a pedestrian overpass on Hartnell. Leonard Bandell, representing SAVI Co. , stated he has been sworn. Mr. Bandell' s client generally supports the Project but questioned the type of funding mix which will be brought for- ward. In response to Mr. Hardy' s comments, Mr. Perry advised that the June Street extension is a remedial measure to be used only if other improvements don' t work in the area, that the design of June Street was only schematic and that there were other options for its location. Mr. Perry stated that the Redevelopment Project will conform to the General Plan and by-and-large will be handled on a pay-as-you-go basis as public works projects . Mr. Perry stated it is hoped that Mistletoe will not become an east/west arterial. It was noted by Mr. Perry that in order to receive this year' s increment, the Project must be acted upon within a one week period. The Mayor ascertained that there were no further comments from the floor. In response to an inquiry by Mrs. Gard, Mr. John Clark advised that he cannot state that his views represent those of the School Board; however, they are aware of his efforts and are in concurrence with everything he has done thus far. MOTION: Made by Councilman Demsher, seconded by Council Member Gard that the Joint Public Hearing be closed. The Vote : Unanimous Ayes Redevelopment Agency in Session Chairman Williams indicated that the Agency will now consider the Final EIR on the Redevelopment Project and advised that a resolution has been prepared for consideration. 7/6/81 263 Mr. Beatty pointed out that the Agency Resolution concerning the Environmental Impact Report has been amended under Section 4 and reviewed the amendments. He stated it would be appropriate to attached the original Exhibit A to this Resolution at this time and this was done. Resolution - Certifying Completion of Final EIR MOTION: Made by Agency Member Van Dyke, seconded by Agency Member Mc Daniel that Resolution No. RRA-81-14 be adopted, a resolution of the Redevelopment Agency of the City of Redding certifying the completion of a Final Environmental Impact Report for the Canby-Hilltop-Cypress Redevelopment Project. Voting was as Follows : Ayes: Agency Members - Green, Limond, Mc Daniel, Van Dyke and Williams Noes : Agency Members - None Absent: Agency Members - Hullinger Resolution No. RRA-81-14 is on file in the office of the Secre- tary of the Redevelopment Agency. Mr. Henson advised that a study has found that there is a need for low and moderate income housing outside the project area and a resolution has been prepared finding that the use of taxes allocated from the Project area to improve and increase said housing outside of the project area will be of benefit to the Project. Resolution - re Use of Taxes allocated from the Project MOTION: Made by Agency Member Limond, seconded by Agency Member Van Dyke that Resolution No. RRA-81-15 be adopted, a resolution of the Redevelopment Agency of the City of Redding finding that the use of taxes allocated from the Canby-Hilltop-Cypress Redevelopment Project for the purpose of improving and increas- ing the community' s supply of low and moderate income housing outside the Project area will be of benefit to the Project. Voting was as follows : Ayes: Agency Members - Green, Limond, Mc Daniel, Van Dyke, and Williams Noes: Agency Members - None Absent: Agency Members - Hullinger Resolution No. RRA-81-15 is on file in the office of the Secre- tary to the Redevelopment Agency. Chairman Williams advised that the Agency will now consider a resolution approving the Redevelopment Plan for the Project. Resolution - Approving the Redevelopment Project MOTION: Made by Agency Member Mc Daniel , seconded by Agency Member Green that Resolution No. RRA-81-16 be adopted, a resolu- tion of the Redevelopment Agency of the City of Redding Approv- ing the Redevelopment Plan for the Canby-Hilltop-Cypress Rede- velopment Project. Voting was as follows: Ayes: Agency Members - Green, Limond, Mc Daniel, Van Dyke, and Williams Noes : Agency Members - None Absent: Agency Members - Hullinger Resolution No. RRA-81-16 is on file in the office of the Secre- tary to the Redevelopment Agency. 7/6/81 264 Agency Member Limond said it has been noted that there will be an opportunity to consider the specific portions of the Plan as they develop and asked how these individual projects within the Plan will be considered. Mr. Perry advised that it will depend on the nature of the project. Some will be very routine and some will_require public meetings and all agency actions will be done in a public forum. Chairman Williams said that the Agency is concerned with the schools and noted that in this situation the State is reim- bursing schools for funds lost. However, if at some future time this situation changes , the City' s procedure can be amended so that there is no financial harm to the school districts. He further noted that there will be some real benefits to the schools . Mr. Beatty concurred with this statement. • MOTION: Made by Agency Member Mc Daniel, seconded by Agency Member Green that the special meeting of the Redding Redevelop- ment Agency be adjourned. The Vote : Unanimous Ayes City Council in Session Mayor Pugh indicated that the City Council will now consider and act on the certification of the Final EIR on the Redevelopment Plan. It was noted by Mr. Beatty that the resolution certifying the EIR has been amended under Section 3 in the same manner as the Redevelopment Agency' s Resolution certifying the EIR and asked that the original Exhibit A be attached to the amended reso- lution. Resolution - Certifying Completion of Final EIR MOTION: Made by Councilman Demsher, seconded by Council Member Gard that Resolution No. 81-143 be adopted, a resolution of the City Council of the City of Redding certifying the completion of a Final Environmental Impact Report for the Canby-Hilltop- Cypress Redevelopment Project. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-143 is on file in the office of the City Clerk. In regard to the motion overruling written and oral objections to the Redevelopment Plan, Mayor Pugh stated that most of the concerns have been addressed during the long history of the Project and that new problems can be addressed as they occur in the future. Councilman Demsher felt that there is enough flexibility in the 11 Plan to meet the needs of the school districts . Councilman Fulton stated he has mixed feelings about penalizing other public entities within the project such as the Mosquito Abatement District. He stated they will be on a fixed income for twenty years and felt there should be other ways of raising money without penalizing public agencies . 7/6/81 265 Council Member Gard commented that the Mosquito Abatement District receives about 6% of its revenue from the Project area and with the drainage improvements proposed, their expenditures should be lessened. She noted that the City' s share of revenue from the Project area is approximately 9%, while the percentage 111 of services requirements is much greater. Councilman Fulton emphasized that the City' s income will go up each year, while other agencies ' income will remain the same. Mayor Pugh pointed out that the Plan has built-in flexibility. He felt the Plan is the only way of progressing to the benefit of everyone in the community. He added that financial plans can be worked out in the future to help stabilize the various taxing entities. Councilman Kirkpatrick stated that the Mosquito Abatement District realizes that some of its projects will be improved with the Project. Mr. Kirkpatrick also pointed out the flex- ibility in the Plan which will allow the City to re-evaluate the financial situations of the various entities , at some future time . MOTION: Made by Councilman Demsher, seconded by Council Member Gard that all written and oral objections to the Redevelopment Plan be overruled. Voting was as follows: Ayes: Council Members - Demsher, Gard, Kirkpatrick, and Pugh Noes: Council Members - Fulton Absent: Council Members - None Resolution - re Use of Taxes from the Redevelopment Area MOTION: Made by Councilman Demsher, seconded by Council Member Gard that Resolution No. 81-144 be adopted, a resolution of the City Council of the City of Redding finding that the use of taxes allocated from the Canby-Hilltop-Cypress Redevelopment Project for the purpose of improving and increasing the com- munity' s supply of low and moderate income housing outside the project area will be of benefit to the Project. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-144 is on file in the office of the City Clerk. Ordinance - Adopting the Redevelopment Plan Councilman Kirkpatrick offered Ordinance No. 1552 for first reading, an ordinance of the City of Redding, California, approving and adopting the Redevelopment Plan for the Canby- Hilltop-Cypress Redevelopment Project. At the hour of 9 : 46 P.M. , Mayor Pugh declared a short recess. At the hour of 9 : 53 P.M. , the meeting was reconvened. 7/6/81 266 PUBLIC HEARING - re Hartnell Avenue Assessment District No. 1980-3 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Hartnell Avenue Assessment District The following documents are on file in the office of the City Clerk : �$ I Certificate of Posting - Notice of Improvement ,1 1f Certificate of Mailing - Notice of Improvement Affidavit of Publication - Notice of Public Hearing The City Clerk advised that written protests have been received from Eugene and Donna Rother and from William and Eugene Rother. Special Bond Counsel Sperry advised that this hearing is being held to hear protests, if any, on the subject assessment district. Mr. Sperry introduced Paul Jones of Pace Engineering, the Engineer of Work for the project. Mr. Sperry advised that the Engineer' s Report has been amended to reflect a reduction in assessments of approxi- mately $180 , 000 . He noted that Parcels 4 , 5 , and 6 will have a zero assessment and Parcels 1 , 2, and 7 will have reduced assessments . Mr. William Harter, 3011 Lowden Lane, stated he has lived in this location for 15 years and plans to live out his life there . His land is in the area needed to extend Hartnell Avenue. He stated he has been told that there will be a long term benefit to the value of his property but he has no plans to sell or develop the property. Mr. Harter objected to the increased noise and air pollution and being forced into an assessment district where there is no benefit to him. He stated he would consider litigation to protect his rights . Phyllis Phipps , daughter of Mr. & Mrs . Harter, stated there may be a long term advantage but their heirs will end up paying for the assessment district. She said her parents have lived and worked in this community for 40 years. She said the property has many trees and wildlife and she would be opposed to having any portion of it dedicated to the City for the purpose of widening Hartnell Avenue. Johanna Lyford, 410 Manzanita, stated she came to listen and be informed. She stated that the Churn Creek Road and Hartnell intersection is a death trap. She said that widening Hartnell would be like opening up a freeway in front of two schools. She said the City is asking to take people' s property and assess them too. She agreed that the improvements are needed but felt the cost is too great. Mr. Gene Rother, P. 0. Box 3008 , stated he owns property directly south of the Harter property. He is opposed to the assessment. He felt the assessment district procedure should not be used for public highways and freeways . He feels the benefit to him is only incidental to the benefit of the general public. He felt this is an unfair tax on his property and asked to be removed from the assessment district. 7/6/81 267 Mr. Leonard Wingate, attorney representing Mr. Stokes, advised that a Cooperation Agreement has been executed between the City of Redding and Mr. Stokes whereby Mr. Stokes will pay the difference between the assessed value of the property being dedicated and the amount of the assessment for both the Harter and Rother properties . In effect, he said, Mr. Stokes and Mr. Loring would be the only property owners contributing to the assessment district. Mr. Wingate said that most of the costs of the closure of Henderson Road should be the responsibility of the City of Redding. He stated they are not opposing the assessment district proceedings , however, he asked that the City staff be authorized to talk with Mr. Stokes regarding the City increasing its participation in the cost of closing Henderson Road. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes Mr. Sperry advised Council that Mr. Harter and Mr. Rother are assured of receiving cash in the amount not less than the assessment that this recommendation would impose on the properties. He noted that this could mean a reduction of their assessment to zero. Mr. Sperry said that Marshall Mayer, who represented Mr. Harter and Mr. Rother at the Shasta County Board of Supervisors meeting, stated that it is acknowledged that there is a general benefit and court decisions on benefits have been in favor of the property owner. Mr. Sperry noted that the City is paying for oversizing the water and sewer lines and while there is acknowledged general benefit to those facilities , there is also a special and local bene- fit. Paul Jones noted that the Harter property is only being assesed for sewer, curb and gutter and incidentals and is not being assessed for water and cut and fill. In the case of the Rother property, the drainage going through his property is the reason for the larger assessment and that a large portion of his assessment is for storm drainage . Mrs. Gard asked how the Harter and Rother properties were included in the assessment district. Public Works Director Arness advised that a meeting was held and it was determined that properties which received the benefit from the development of the roadway access, should be assessed. Mrs. Gard commented that the assumption was made that the properties would redevelop and take advantage of a major arterial and utilities. In response to an inquiry from Mrs . Gard regarding time lines, Mr. Sperry advised that construction bids were opened June 30 , and the City is allowed 60 days to award the bid. He added that the bids were very favorable. Mr. Sperry advised it would be essential to act no later than the next meeting and then it would be necessary to ask for a few days ' extension. 7/6/81 268 Mrs. Gard asked that she be given a copy of the Board of Supervisors minutes and a chance to look at the land again. Mr. Wingate presented Council with a copy of the Mr. Stokes' letter agreeing to pay for the Harter and Rother assessments. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Council delay its decision on the public hearing re Hartnell Avenue Assessment District, to July 20 , 1981. Mr. Jones stated further delay would be a very severe handicap to the project and could result in increased costs. Mr. Harter pointed out that the letter of agreement from Mr. Stokes may reduce or eliminate the assessment but Mr. Harter will still have to give up 2/3 of an acre . Gary Stokes was allowed to speak at this time, and advised it has been his belief that the only major short term benefits would be to himself and Mr. Loring, and he did not feel Mr. Harter and Mr. Rother should lose any money as a result of this project. He said it was not his idea to extend Hartnell to connect with Bechelli Lane and the City is to pick up the cost of the road between his property and Bechelli Lane. Mrs. Gard stated the inclusion of the Harter and Rother properties was on the premise of benefit. Mayor Pugh explained that if the properties are included in the district, they would dedicate land and have no additional charge or lien on their property. If they are excluded, the City would have to condemn the property and pay them for the land or that portion of the project could be cancelled. Councilman Demsher felt there is no doubt it is a needed project. Councilman Kirkpatrick asked if the Council Members who have doubts could get the needed information to make a decision, in two or three days in order that Council could hold a special meeting on this matter. They felt they could. Voting on the above motion to continue the proceedings for the Hartnell Avenue Assessment District was as follows: Ayes: Council Members - Demsher and Gard Noes : Council Members - Fulton, Kirkpatrick, and Pugh Absent: Council Members - None This motion was defeated. Resolution - Overruling Protests MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick, seconded by Councilman Kirkpatrick that Resolution No. 81-145 be adopted, a resolution of the City 7/6/81 269 Council of the City of Redding overruling protests in Hartnell Avenue Assessment District No. 1980-3. Voting was as follows : Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Demsher, Gard, and Pugh Absent: Council Members - None Resolution No. 81-145 was defeated. Mr. Sperry addressed some of the issues raised. He advised that the City does have jurisdiction to continue the proceedings even though the resolution overruling protests was not adopted this evening. He noted that the protests are not considered to be a majority. He suggested one alternative would be to reduce the Harter and Rother assessments to zero, with the City picking up the addi- tional cost. Another alternative would be to reduce their assessment to zero and proceed with the balance of the project and direct staff to come back with a change order. A third alternative would be to leave the assessment district as is and come back on July 20 with an amendment of the assessment district. He suggested a review of the benefits to the Harter and Rother parcels . The continuation of the matter was discussed further and it was determined that a two or three day delay would not cause any significant problems and would be adequate time to review some of the alternatives discussed by Mr. Sperry. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council continue action on the Hartnell Avenue Assessment District No. 1980-3 , to an Adjourned Regular Meeting at 4 : 00 P.M. , July 9 , 1981, in the City Council Chambers . Voting was as follows : Ayes: Council Members - Demsher, Gard, Kirkpatrick, and Pugh Noes: Council Members - Fulton Absent: Council Members - None Councilman Demsher asked Mr. Rother if he would be willing to make contact with Mrs. Gard and himself the following day to view the property. Mr. Rother agreed. PUBLIC HEARING - re Proposed Churn Creek Road Plan Line The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re the proposed Churn Creek Road Plan Line. The following documents are on file in the office of the City Clerk: 110r3 Affidavit of Posting - Notice of Public Hearing Planning Commission Recommendation dated July 2, 1981 1111 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 2 , 1981. He stated that the Planning Commission unanimously recommended adoption of a plan line for the development of Churn Creek 7/6/81 270 Road generally between Industrial Street and the extension of Browning Avenue. The Plan Line Report and maps of the proposed plan line were submitted to Council. Mr. Perry reported that previously, the Commission certified that EIR-3-79 adequately addressed the impacts of the project. Mr. Perry advised that the Planning Commission recommended that Churn Creek Road would extend north of Dana Drive, parallel to Canby Road. Two property owners on the east side of Canby Road and north of the Mt. Shasta Mall have said they will provide the necessary right of way. Mr. Perry said it is recognized that the plan line as recommended will not please all interested parties; how- ever, an attempt has been made to minimize its impact and to provide a viable cost-effective alignment that ade- quately moves future traffic at an acceptable level of service. Once the plan line is established, a multiyear project will likely be implemented that includes design, property acquisition, assessment-district financing, redevelopment district financing, and construction. Mr. Perry summarized the basic concerns as follows: 1. Impact on residential properties . 2 . Location of the right of way south of Mistletoe Lane. 3 . Location of the right of way north of the Mt. Shasta Mall. It is the recommendation of the Planning Commission and staff that Alternate C be approved as modified by the Commission, whereby Churn Creek Road would extend north of Dana Drive, parallel to Canby Road. It is further recom- mended that, a statement of Overriding Considerations be adopted in regard to EIR-7-79 , and that the Public Works Department be authorized to prepare the necessary record of survey, for recording by the City Clerk. Mr. Leonard Bandell, stated he was representing the SAVIC Company and Richard Downs. He said they are not objecting to the project but have questions on the plan line. He asked when the City would acquire the property that is needed. Mr. Perry advised that it would be acquired as the need dictates and there is no specific date at this time . MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that in accordance with Section 15088 of the State EIR Guidelines, changes or alterations have been required in or incorporated into the project which mitigate or avoid the significant effects identified in EIR-7-79 . The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Commission and staff that Alternative C be approved, as contained in the Plan Line Report which is hereby made a 7/6/81 271 part of these minutes by reference and that the Public Works Department be authorized to prepare the necessary record of survey, for recording by the City Clerk . The Vote: Unanimous Ayes PUBLIC HEARING - re Appeal of Sandpointe Condominiums Tentative Map, S-10-81 The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re appeal of Sandpointe Condominiums Tenta- tive Subdivision Map. S-10-81. 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 The City Clerk advised that no written protests have been received. �r Planning and Community Development Director Perry reviewed ISD his memorandum to Council dated July 1, 1981. He stated that the Planning Commission unanimously approved the Sandpointe Condominiums tentative map subject to 43 con- ditions. The applicant has since filed an appeal con- cerning two of the conditions of approval. Council was given copies of the conditions, the letter of appeal , and maps of the area were shown on the Vu Graph. The applicant submitted an estimated cost analysis. Mr. Perry reviewed the project which consists of 240 airspace-condominium units on approximately 73 acres located north of Hilltop Drive and west of Interstate 5 , in the "U" Unclassified District. He said access to the development would be via two private roads running north from Hilltop Drive. The applicant has appealed Condition Nos . 19 and 31 , dealing with fencing and street improvements . Mr. Perry advised that, with respect to Condition No. 19 , the appli- cant previously represented that fenced private patio areas on dwelling units near the property lines would provide the same privacy and visual screen as solid perimeter fencing. Their initial proposal was to fence all private patio areas and to leave the area between the patio and property line open. As approved by the Commission, the applicant has the option of putting a fence around the patios or along the property line; however, if he opts for a fence around the patios, it must be the same quality as the fence would be on the property line, block post and wood board or equiv- alent. It is the opinion of staff that the fencing requirement is consistent with other similar approved developments and that the estimated costs are not excessive. The concern of staff is that if the fences are erected along the back of the patios , the area between the patio fence and the property line would become dead space and not be main- tained. Mr. Perry explained that the intent of Condition No. 31, which requires a concrete edge along all roads , is to 7/6/81 272 insure proper drainage of surface water on internal roads and to protect the edge of the pavement. The applicant proposed to use redwood headerboard and asphalt berms throughout the project. Staff feels the use of several standards should be permitted since numerous factors may influence which techniques will work best. Mr. Perry suggested that Condition No. 31 be modified to read as follows: "The Public Works Department is to approve the structural section of all internal private roads . Said roads shall be bordered as follows: a. All occupant and guest-parking areas shall have a concrete edge or concrete berm. b. Through-driveway areas shall have redwood headerboard or a concrete edge. c. The two main private roads shall have a concrete edge adjacent to landscaped areas ; said roads may be without edging in natural open-space areas provided they are a minimum 26-feet wide with adequate shoulders. d. Curb and gutter may be required for drainage purposes at the discretion of the Public Works Department. " It is the recommendation of staff that the appeal be denied but that Condition No. 31 be modified to read as outlined above. Mr. Jerry Bolster, representing Mr. Drake, developer of the property, stated the basis of the appeal is that these conditions will add to the cost of the units and feels there are other viable alternatives. He said the area where the dual fence would be includes only 12 units and would benefit from moving the fence to the back property line. Mr. Paul Jones , engineer for the project, feels that AC berms have an application and can be very workable on this project. Public Works Director Arness stated that edge protection is necessary where cars may be driving over them. Council Member Gard noted that asphalt does not hold up over time and was in favor of the requirement for concrete berms . MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes Councilman Demsher felt the recommendation of staff in regard to Condition No. 31, was a reasonable compromise. Council Member Gard concurred with leaving the condition regarding fencing as it is, allowing the option of putting a fence around the patios or along the property line. In regard to the street improvements, she favors the long term benefits of concrete. 7/6/81 273 MOTION: Made by Councilman Demsher, seconded by Council Member Gard that the appeal of Tentative Subdivision Map S-10-81, Sandpointe Condominiums, be denied, and that Condition No. 31 be revised as hereinabove stated and approved. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-19-80 , by John Pullen The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re appeal of Tentative Subdivision Map S-19-80 , by John Pullen. The following documents are on file in the office of the City Clerk : Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no 'Od I protests from the floor. G Planning and Community Development Director Perry reviewed his memorandum to Council dated July 2 , 1981. He stated that the Planning Commission, at the instruction of Council, reconsidered this application; however, no action was taken as the applicant' s engineer orally requested that the item be continued at both the Commission and Council level for two weeks. Mr. Perry advised that the Planning Commission met on June 23, 1981 and recommended approval of the amended map subject to the changes in the following conditions: 10 . Barricades are to be installed at the north end of Road "B" and the east ends of Roads "A" and "C" in accordance with the specifications of the Department of Public Works. 21. Until such time as Road "A" , Road "B" or "C" are physically connected to Lema Road, the existing 60-foot wide easement may be used as temporary access. The deeds of all lot owners are to reflect that at such time as improved access to Lema or Edgewood is obtained, they will forfeit all access rights to the 60-foot wide easement to Old Alturas Road. The easement shall be improved to provide two 12-foot wide driving lanes with paved edges for pedestrians and bicyclist as specified by the Department of Public Works. 22 . Roads "A" and "C" are to be improved with two driving lanes, a parking lane and curb, gutter and sidewalk within the subdivision. 24 . Street dedications are to be as shown on the approved tentative map, Alternate No. 2 . 25. Delete 26 . Delete 7/6/81 274 It is the recommendation of staff that the appeal be upheld and that the amended map be approved as outlined. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that the public hearing be closed. The Vote : Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of staff as hereinabove stated, and that the appeal be upheld. The Vote : Unanimous Ayes DOVE STREET EXTENSION Public Works Director Arness reviewed his memorandum to Council dated June 22 , 1981. He stated that little interest has been shown in an assessment district to complete Dove Street. Mr. Arness said that during a meeting with property owners , those persons in attendance basically said there was little need for Dove Street when a road already existed (Valentine Lane) . Mr. Arness outlined three alternatives as follows: 1. Leave everything as is. 2. Develop a benefit district for the completion of Dove Street. 3. Open Valentine Lane. 02J-6o He recommended Alternative No. 1 and added that property owners adjacent to Polk Street will be contacted regarding an assess- ment district of street improvements. Council Member Gard stated that this still leaves a large subdivision with only one means of ingress and egress. Mayor Pugh remarked that the barricade could come down in the event of an emergency. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Public Works Director to leave the Dove Street situation as it is. Voting was as follows : Ayes : Council Members - Demsher, Fulton, Kirkpatrick , and and Pugh Noes : Council Members - Gard Absent: Council Members - None PUBLIC WORKS ' PLANNING REPORT - July Public Works Director Arness presented the Public Works ' 3 I° Planning Reports for July, 1981. CANYON CREEK BRIDGE REPLACEMENT Mr. Arness advised that on June 3 , 1981, Canyon Creek Bridge No. 2 sustained major structural damage due to an apparent over- loaded truck. The bridge is currently impassible and will require major rebuilding of both spans of the timber structure. I /3y He added that the temporary bypass constructed to serve resi- t dents on the west end of Canyon Creek Road will not be usable during the winter months , and no other access is available. Mr. Arness advised that under our existing Federal Bridge Replacement Program, this bridge is scheduled for funding in 1983. It appears that the earliest we could be considered for funding is in 1982 , and Mr. Arness advised it appears the City will have to make crossing repairs of the wooden structure or replace the timber span with some other type of crossing. 7/6/81 275 Mr. Arness said that the bridge will probably be abandoned when Canyon Creek Road is realigned in the future and, therefore staff will review the least expensive crossing of the creek along with alternatives for replacing the existing bridge. It is staff' s intention to proceed with a design for the replace- ment of the creek crossing. This was an information item and no action was taken by Council . NOTICE OF COMPLETION - Cascade Sewer Project, Bid Schedule No. 1215 MOTION: Made by- Council Member Gard, seconded by Councilman Kirkpatrick that Bid Schedule No. 1215, Cascade Sewer Project, 02/ be accepted as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote : Unanimous Ayes ACCEPTANCE OF FINAL MAP - Golden Heights Subdivision, Unit No. 2 MOTION: Made by Councilman Fulton, seconded by Council Member Gard, that the Final Map of Golden Heights Subdivision, Unit No. 2, be approved, the Mayor be authorized to sign the Sub- ID division Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. The Vote : Unanimous Ayes RESOLUTION - Ordering Abatement of Property at 2039 and 2045 Court Street MOTION: Made by Council Member Gard, seconded by Councilman Demsher that Resolution No. 81-145 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement by 3 74 demolition of the two remaining unsafe and unsightly outbuild- ings on property at 2039 and 2045 Court Street (owned by Friesen and Schalo) . Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes : Council Members - None Absent: Council Members - None Resolution No. 81-145 is on file in the office of the City Clerk. ORDINANCE - re Regulating Drug Paraphernalia City Attorney Hays submitted an ordinance to prohibit the sale of those items commonly characterized as drug paraphernalia. In most respects it is identical to the Ordinance adopted by the County of Shasta. He noted that the one significant difference in the case of the City of Redding is that at least one retail store sells items which are prohibited by the language of the Ordinance. He noted that the effective date of the proposed 30`� ordinance is January 1, 1982 , for two reasons . First, there is activity at the State level to pass legislation which, in effect, would make this ordinance conflict with State law. The second reason deals with the the fact that we do have at least one retail operation currently legally selling drug parapher- nalia, and this time frame will allow that operation to amortize its investment in stock-in-trade currently available for sale. Councilman Kirkpatrick offered Ordinance No. 1553 for first reading, an ordinance of the City Council of the City of Redding amending Title 10 of the Redding Municipal Code by adopting Chapter 10 . 62 regulating drug paraphernalia. 7/6/81 276 RESOLUTION - Rescinding Abatement Proceedings at 580 Markwood Drive (Bentux, Inc. ) MOTION: Made by Council Member Gard, seconded by Councilman Demsher that Resolution No. 81-146 be adopted, a resolution of 3„2 -5- the City Council of the City of Redding rescinding Resolution No. 80-217 , which declared intention to begin legal proceedings of abatement on property at 580 Markwood Drive (owned by Bentux, Inc. ) . Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh .5 Noes: Council Members - None Absent: Council Members - None Resolution No. 81-146 is on file in the office of the City Clerk. RESOLUTION - Rescinding Abatement Proceedings at 4340 Westside Road (Bridges) MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-147 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 79-228 , which declared intention to begin legal proceedings of abatement on property at 4340 Westside Road (owned by Stanley 02 5 Marc Bridges) . 3 Voting was as follows : Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-147 is on file in the office of the City Clerk. EXTENSION OF PERMIT - Shasta Kart Klub MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving a one year extension of the Permit for Shasta .214 Kart Klub to operate on City property at Redding Municipal Airport. The Vote : Unanimous Ayes AMENDMENT TO LEASE - Shasta Growers Association MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving an amendment to the Lease with Shasta Growers Association to operate their farmers ' produce market on the lawn A /4 in front of City Hall on Tuesday evenings from 7 to 9 P.M. , as well as Saturday mornings . The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications : Warehouse Foods (Christensen, Defoer, & Kamla) 4580 South Highway 99 Civil Aeronautics Board Westair Jet Fitness Investigation Public Utilities Commission: Pacific Telephone - Notice of Public Hearings to Increase Costs Pacific Gas and Electric - Notice of Application to Increase Rates 7/6/81 277 ADJOURNMENT There being no further business , at the hour of 12 : 05 A.M. , Mayor Pugh declared the meeting adjourned to 4 : 00 P.M. , July 9 , 1981 , in the City Council Chambers. APPROVED: i' i GMay�r' / ATTEST: te City Clerk 7/6/81