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HomeMy WebLinkAboutMinutes - City Council - 1981-07-20 281 City Council Regular Meeting Police Dept. & Council Chambers Redding, California July 20 , 1981 7: 00 P.M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by Pastor Rick Green, Calvary Baptist Church. The meeting was called to order by Mayor Pugh with the following Council Members present: Demsher, Fulton, and Gard. Absent: Council Member Kirkpatrick Also present were Public Works Director Arness, City Attorney Hays, Director of Planning and Community Development Perry, Director of Electric Lindley, Director of Parks and Recreation Riley, Housing and Redevelopment Administrator Henson, Super- intendent-Waste Treatment Gasser, Assistant Director of Finance Tenneson, Senior Associate Planner Keaney, Senior Assistant Planner Will, Engineering Technician Duryee, Administrative Assistant Woodrum, Secretary to the City Council Rupp, and Deputy City Clerk Strohmayer. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that the minutes of the Adjourned Regular Meeting of June 29 , 1981, the Regular Meeting of July 6 , 1981, and the Adjourned Regular Meeting of July 9 , 1981, be approved as mailed to each Council Member. The Vote : Unanimous Ayes WRITTEN COMMUNICATIONS Letter from Jeanne Merrill, Shasta Symphony League - re Revenue Sharing Funds to Obtain Ceiling Panels for Civic Auditorium A letter from the Shasta Symphony League was reviewed by the Deputy City Clerk, requesting Council consideration for the use of Revenue Sharing funds to obtain ceiling panels 5/4 for the Civic Auditorium to assist in better sound pro- jection during musical performances. The League feels three or four panels would be required, at a cost of approximately $1500 per panel plus installation. With the concurrence of Council, Mayor Pugh referred this request to the Revenue Sharing Committee and asked that the Committee also determine who conducted the acoustical studies . Request from Lady Lorenz - re Changing Parking Limitations in the California Street Parking Structure A letter was received from the Lady Lorenz advising that they will soon be opening a nightclub which will increase I/3 their parking requirements by 100+ spaces . Mr. Lewis noted that the current lot is closed after 10 P.M. He requested that the parking limit be changed to allow parking until 2 : 00 a.m. in the California Street parking structure. Council Member Gard suggested that the Southern Pacific Lot • be used which is about 11 blocks away. 7/20/81 282 Council Member Fulton felt this was too remote to be used at night. In response to an inquiry from Mayor Pugh, Mr. Perry advised that there are no off-street parking requirements in the C-3 zone. Mayor Pugh noted that a review should be made of parking space availability in this area. MOTION: Made by Councilman Demsher, seconded by Council Member Gard that the above request be referred to the Traffic and Parking Commission for report and recommenda- tion of what seems to be a reasonable solution. The Vote: Unanimous Ayes Complaint from Helen Faye Generes - re Building at 2130 East Street (Paulson' s Dog House) A letter was received from Helen Faye Generes regarding certain building requirements at an existing building at 1112130 East Street. Mrs. Generes was present and advised Council that due to disagreements with regard to building requirements , the City turned off the power and caused the tenant, Mr. Paulson to move out of her building and thus caused her to lose a long-term lease. Mayor Pugh advised that he has advised staff that this matter should have a full report regarding the events leading up to this situation including the code require- ments . He said this report will be submitted to Council for review prior to its meeting of August 3 . Request from Christopher Welsh - re Council ' s Endorsement of the Concept for a National Veterans ' Cemetery A copy of a letter addressed to President Reagan from the Mayor of the City of Eureka was forwarded to Council by Mr. Christopher Welsh of Eureka, asking Council to endorse '/)/ the concept for a national veterans ' cemetery on a 1500 acre site in the Redwood National Park in Humboldt County. Council Member Demsher said it has not been the Council ' s posture in the past to take issue on events that do not concern the City of Redding in some way. Council Members were not familiar with the area in question or the type of setting it is. Mrs . Gard asked if it would be appropriate to pass along this request to the local Veterans Association for their review. With the concurrence of Council, Mayor Pugh referred the request to staff to be referred to the local Veterans Association for their comments. Letter from Brad Brown, Chairman of the Solar Study Group - re adoption of an ordinance allowing clotheslines in multi-unit dwellings A letter was reviewed from Brad Brown, of the Solar Study Group encouraging the adoption of an ordinance allowing the use of clotheslines in multi-unit dwellings to encourage 132- the use of renewable resources. The City Attorney noted that if Council wishes to encourage this, it should be done by resolution rather than by ordinance. 7/20/81 283 Mrs . Gard noted that the City does not have any prohibition against the use of clotheslines at this time, except in some cases where it is covered in the Covenants, Conditions and Restrictions (CC and R' s) for Planned Developments . No action was taken by Council as there is no prohibition against the use of clotheslines in the City at this time . APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that Accounts Payable Register No. 2 , check nos. 78458 through 78638 inclusive, in the amount of $1, 961, 213 . 24 , and Payroll Register No. 1, check nos. 146944 through 147592 in- clusive for the period June 21, 1981 through July 4 , 1981, in the amount of $421, 220 . 57 , be approved. Total: $2 , 382 , 433 . 81 Voting was as follows : Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick SETTLEMENT OF CLAIM City Attorney Hays advised Council that Claim for Damages filed 'Z3 by Raymond Epperly on June 4 , 1981, has been settled by the City Insurance Carrier in the amount of $146 . 14 . NOTICE OF HEARING AND PETITION FOR RELIEF FROM CLAIM REQUIREMENTS City Attorney Hays advised that a Notice of Hearing and Petition for Relief from Claim Requirements has been filed by the /01 °1 a ;L attorney on behalf of James Ray Arzie, as the next step follow- ing Council ' s denial of his Application for Leave to Present Late Claim. ORDINANCE - re Redevelopment Plan for Canby-Hilltop-Cypress Redevelopment Project MOTION: Made by Councilwoman Gard, seconded by Councilman g Demsher that the full reading of Ordinance No. 1552 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Ordinance No. 1552 be adopted, an ordinance of the City of Redding, California, approving and adopting the Rede- velopment Plan for the Canby-Hilltop-Cypress Redevelopment Project. Voting was as follows : Ayes : Council Members - Demsher, Gard, and Pugh Noes : Council Members - Fulton Absent: Council Members - Kirkpatrick Ordinance No . 1552 is on file in the office of the City Clerk . ORDINANCE - Regulating Drug Paraphernalia MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that full reading of Ordinance No. 1553 be waived and the City Attorney be instructed to scan same. The Vote : 3 O`1 Unanimous Ayes Councilman Demsher asked the City Attorney if he felt this • ordinance will cause a lot of court activity for the City. Mr. Hays said he does not believe so. He advised that there may be some problems with enforcement as is the case with any law 7/20/81 284 which requires specific intent. He also said that there is currently only one retail store in the City which handles drug paraphernalia other than that found in ordinary use. Mr. Hays stated that staff has been negotiating with them and they have indicated that they intend to phase out this line of merchan- dise. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Ordinance No. 1553 be adopted, 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. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Ordinance No. 1553 is on file in the office of the City Clerk. AWARD OF BID - Aluminum Underground Cable MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Bid Schedule No. 1324 , aluminum underground cable, be awarded to Shasta Wholesale Electric on its low bid in the 2-`�3 amount of $41, 884 . 42 . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Pugh • Noes: Council Members - None Absent: Council Members - Kirkpatrick ANNEXATION REQUEST NO. 80-14 - Hawley Road A resolution was submitted amending Council Resolution No. 81-65 pertaining to property-tax transfers for the Hawley Road Annexa- i3 tion. Community Development Director Perry advised that this is necessary to provide for the transfer of special-district taxes to the City. Resolution - re Amended Property Tax Exchange MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Resolution No. 81-153 be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 81-65 as to the exchange of property tax revenues for inhabited Annexation No. 80-14 , Hawley Road Area. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes: Council Members - None Absent: Council Members - Kirkpatrick Resolution No. 81-153 is on file in the office of the City Clerk. SET PUBLIC HEARING - re Planned Development PD-1-78 , Tanglewood Village Amendment Request MOTION: Made by Councilwoman Gard, seconded by Councilman � Demsher that a public hearing be set for 7 : 30 P.M. , August 3 , 1981, to consider an amendment to Planned Development PD-1-78 , Tanglewood Village. The Vote: Unanimous Ayes SET PUBLIC HEARING - re General Plan Amendment Application GPA-3-81, by Dr. Dave Hankin, et al MOTION: Made by Councilwoman Gard, seconded by Councilman g4 ' Demsher that a public hearing be set for 7 : 30 P.M. , August 17 , 1981, to consider General Plan Amendment Application GPA-3-81 , by Dr. Dave Hankin, et al. The Vote : Unanimous Ayes 7/20/81 285 SET PUBLIC HEARING - re Amendment of Municipal Code, Office District MOTION: Made by Councilwoman Gard, seconded by Councilman I�l� Demsher that a public hearing be set for 7: 30 P.M. , August 17 , 1981, to consider an amendment to the Municipal Code, Chapter 18 .20 , Office District. The Vote : Unanimous Ayes ACQUISITION OF PROPERTY - 2981 Shasta View Drive Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1981. He stated that the Planning Commission has recommended the acquisition of a parcel located at 2981 Shasta View Drive for street right of way. Maps depicting the location of the property and the proposed inter- section of Shasta View Drive and Hartnell Avenue were shown on the Vu Graph. Mr. Perry advised that in order to minimize land acquisition and the overall impact of constructing the future extension of fO Shasta View Drive, a slightly skewed intersection is proposed. 3 a This intersection design requires the acquisition of the north- east corner parcel. He said the design facilitates signaliza- tion and would eliminate a dogleg in the street. To reduce the degree of skew would utilize more of the corner lot and require additional right of way from the parcel to the north. Mr. Perry stated that since the proposed parcel at 2981 Shasta View Drive is now available for purchase, staff feels it would be timely for the City to acquire the parcel. He noted that funds for this acquisition are included in the 1981-82 budget. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated, authorizing the City Attorney to proceed with the acquisition and authorizing the Mayor to execute the necessary documents. The Vote : Unanimous Ayes SHASTA COUNTY AND CITIES AREA PLANNING COUNCIL Mr. Perry submitted a copy of a Shasta County Board of Super- visors resolution withdrawing from the Shasta County Cities Area Planning Council. He noted that the County took this action due qll to the designation of the Shasta County Local Transportation Commission as the Metropolitan Planning Organization for Shasta County. This was an information item and no action was taken by Council. ANNEXATION REQUEST NO. 81-1 - Arizona Street Planning and Community Development Director Perry reviewed Council ' s previous action to refer the Arizona Street Annexation request back to LAFCO to request that ten acres owned by Eric and Svea Ostling be deleted from the annexation. LAFCO declined to rehear the annexation. S$3 Mr. Perry stated that after LAFCO has approved a City annexa- tion, generally a City cannot terminate or modify annexation proceedings. If the City does not proceed, LAFCO can request the Board of Supervisors to assume conducting authority. Mr. Perry outlined four options available to Council at this time. He stated it is the recommendation of staff that, based on Council ' s previous action of June 15 , 1981, that LAFCO be requested to reconsider the annexation based in part on a change in the legal description at the LAFCO level due to a lot-line adjustment processed in the County. 7/20/81 286 Mayor Pugh said he received a phone call today from the Ostling' s attorney requesting a two week deferment by Council. Mrs. Gard stated that she is philosophically opposed to pulling people in who do not want to come. She emphasized the need for a policy statement regarding the ultimate City boundaries , and realizes the need to eliminate islands and straighten out boundaries . Councilman Demsher stated the City has had a commitment to fill in islands and straighten boundary lines where it could and it has been a general policy not to annex beyond the Sewage Treat- ment Plant. He said that he has not seen a need for a policy statement because Council and staff have generally been in agreement. Mrs . Gard noted that annexing areas which do not wish to be annexed has become more of a problem in the last several years. She expressed conflict between the City' s need to straighten out boundaries and annexing people against their wishes. Mayor Pugh stated that conflicting policies will be experienced in some areas and in some cases the benefit for the total good must be considered over the desires of individuals. City Attorney Hays clarified that staff' s recommendation is to go before LAFCO to accomplish the wishes of Council . Mrs. Gard requested that the Growth Committee discuss the increasing conflicts . MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard requesting LAFCO to reconsider the annexation based in part on a change in the legal description at the LAFCO level due to a lot-line adjustment processed in the County. The Vote : Unan- imous Ayes REQUEST TO SELL BEER - Pepsi Cola MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the request by Pepsi Cola to sell beer at the Redding Softball Park on July 24 , 25 , and 26 , be approved subject to the four conditions of approval as outlined in the Parks and Recreation Director' s memo to Council dated July 15 , ,25:2 /7 1981. Voting was as follows : Ayes : Council Members - Demsher, Fulton, and Pugh Noes: Council Members - Gard Absent: Council Members - Kirkpatrick REQUEST TO PLACE PORTABLE BUILDING AT R.M.A. - by Stimpel-Baker Administrative Assistant Woodrum reviewed the memorandum of the Airports Manager to Council dated July 15 , 1981. He advised that Stimpel-Baker and Associates has requested to lease pro- perty at Redding Municipal Airport, which adjoins their present hangar, for a 12 ' by 24 ' portable structure . He advised that it is the recommendation of the Airports Commis- sion that this request be approved on the condition that the hangar be returned to its original condition if and when the portable structure is relocated. The terms of the lease would be on a month-to-month basis at a cost of $25 per month for as long as they rent the hangar space. 7/20/81 287 In response to an inquiry from Mrs. Gard, Mr. Woodrum stated he did not see a precedent-setting problem with this request, as there are only six such hangars at the airport. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of the Airports Commission and staff as hereinabove stated. The Vote : Unanimous Ayes PUBLIC HEARING - Closure of Henderson Road The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re the closure of Henderson Road. 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 7/16/81 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1981. He stated that the Planning Commission unanimously recommended the closure of the north end of Henderson Road, as part of a new circulation pattern for the area which includes the extension of Hartnell and Parkview Avenues. A map of the area was shown on the Vu Graph. Mr. Perry advised that the Commission also recommended including the provision that Henderson Road not be closed until Hartnell Avenue is constructed and Parkview Avenue is constructed between Hartnell and Henderson Road. He outlined the main reasons why Henderson Road should be A closed at the north end which include anticipated ingress �5O and egress problems at Henderson and Hartnell, possible backup traffic blocking the intersection of Henderson and Cypress , and improved vehicular and pedestrian safety. Mr. Perry stated that in making their recommendation, the Planning Commission evaluated four alternatives in light of minimizing traffic conflicts, retaining access to the three parcels adjacent to Cypress, movement of cement and lumber trucks, provisions of driveway access to Gasamat, and minimal economic impact. As recommended by the Planning Commission, Mr. Perry advised that the portion of Henderson Road from Hartnell to where the mobilehomes used to be sold would be treated like a shared shopping center driveway, although it would remain in public ownership. The road would be 30 feet, curb-face to curb-face. Unused portions of the remaining right of way could be used for parking and landscaping by abandon- ment or by encroachment permit. Mr. Perry advised that staff and the adjoining property owners have met to review the Commission recommendation and to evaluate Henderson Road further to the south. It was the general consensus of the property owners that the road should be closed as far south as its connection with 7/20/81 288 Parkview. He noted that full abandonment could not occur in some areas , due to the need to provide access to a parcel next to the river and to reserve right of way for the future extension of Parkview. Adjoining property owners could use the abandoned portion of Henderson if they obtained the underlying fee interest. It is the recommendation of staff that Henderson Road be closed as recommended by the Planning Commission. Councilman Fulton asked about access to the Gasamat from the east and Mr. Perry advised that the current entrance at the corner of Cypress and Hemsted will be moved south to a point just north of the proposed driveway. Mr. Kurt Reichel, representing Bob Barcaglia who owns property west of the transmission repair, stated he is opposed to the proposed roadway to his property being classified as a driveway and feels it should be a standard street so that it is not a part of Mr. Stokes ' development. He would like the street to have standard requirements with a turn-around radius and corner roundings , not just a concrete approach. Public Works Director Arness responded that he does not see a problem with the driveway curb turn radius concept, and some improvements will be necessary for drainage control. He noted that pedestrian safety is a concern in the area when considering the driveway design. Mr. Dennis Cowan, representing the owners of Gasamat, stated he is not opposed to the closure but is concerned about access from Hartnell. He noted that title to the property which is proposed to be abandoned is unclear and he feels there is no guarantee for an encroachment permit allowing access via Hartnell. Mr. Cowan stated his client would prefer to see the proposed driveway or street be publicly owned and maintained as there will be considerable public use of the property. Mr. Gary Stokes, developer of the property south of Henderson Road, stated the closure of Henderson Road does not affect his development, however he is opposed to paying for the proposed driveway or street as a condition of his Use Permit for the construction of a shopping center to the south. He feels the need for the roadway has nothing to do with the construction of his shopping center. He feels that either the City should pay for the road or that the property owners should share in the cost through an assess- ment district. Mr. Stokes also stated he does not want to give up any more property for a situation which is not caused by his development. Mr. Stokes stated he does have a right to the underlying fee title that was held by the Hemsted Estate for the right of way which will be abandoned. He said he is free to negotiate with the City and that is his intent. MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing be closed. The Vote : Unanimous Ayes 7/20/81 289 Councilman Demsher feels that since there is nothing urgent about the closure of Henderson Road, the problems regarding the title should be worked out before any decision is made. Discussion ensued regarding the requirements for providing public access to properties along Henderson Road and the City' s ability to grant encroachment permits across the property to be abandoned. City Attorney Hays advised that he would review the Title Report on the property and report back to Council. MOTION: Made by Councilman Demsher to continue action on the closure of Henderson Road to the next Council meeting of August 3, 1981, until questions regarding the fee title can be resolved. In response to an inquiry, Mr. Perry advised that this may cause some in-house problems with the conditions of the Use Permit application by Mr. Stokes , which is set for the Planning Commission meeting of July 28 , 1981. Mrs. Gard stated she would be in favor of approving the closure of Henderson Road, conditioned upon the City providing positive access for property owners now receiving access from Henderson and Hartnell. Councilman Demsher indicated he is agreeable with this action and with the concurrence of Council withdrew his motion. In response to an inquiry from Mayor Pugh, the City Attorney advised that if there is a defect in the Title Report, the Use Permit will have to be amended. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the closure of Henderson Road conditioned upon providing positive access for property owners who now enjoy it. The Vote: Unanimous Ayes Mr. Stokes asked who will take steps to assure positive access . He was advised that this will be researched by the City Attorney. He also stated that his agreement with the Hemsted Estate for the right to fee title is not recorded. PUBLIC HEARING - Overcrowding at Shasta Lake Union and Grant School Districts The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re overcrowding at Shasta Lake Union and Grant School Districts. The following documents are on file in the office of the ( (01 d City Clerk: Affidavit of Publication - Notice of Public Hearing Proof of Service of Mail - Notice of Public Hearing A request was received from Kenneth Matias, Shasta Lake Union School District asking for continuance of the public hearing to August 3, 1981. The letter stated that Mr. Nocero, Superintendent of Grant School District is in concurrence with this request. 7/20/81 I 290 MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that the public hearing re overcrowding at Shasta Lake Union and Grant School Districts , be continued to 7: 30 P.M. , August 3 , 1981. The Vote : Unanimous Ayes PUBLIC HEARING - re Rezoning Application PD-1-81, by Statewide Developers The hour of 7 : 30 P.M. , having arrived, Mayor Pugh opened the public hearing re Rezoning Application PD-1-81, by Statewide Developers . 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 7/16/81 The Deputy City Clerk advised that no written protests have been received and the Mayor advised that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1981. He stated that the Planning Commission has recommended approval of PD-1-81 proposing to create a 50 unit planned development on property located at 2401 Victor Avenue. A map of the area was shown on the Vu Graph. He advised that the 144 project consists of 50 units on 5 . 65 acres. Mr. Perry advised that the environmental concerns of the project were evaluated as part of the EIR on a 98-unit proposed for the property which was denied. Reducing the density to 50 units was a mitigation measure of the EIR; thus the Board of Administrative Review found that EIR-7-78 adequately addressed the environmental impact of the project, and no further environmental reviews were needed. It is the recommendation of the Planning Commission and staff that the PD-1-81 be approved, that an ordinance be offered for first reading and that certain findings be made in accordance with Section 66474 of the Government Code of the State of California and with State EIR Guidelines . MOTION: Made by Councilman Demsher, seconded by Council- woman Gard that the public hearing be closed. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff subject to the conditions listed in the proposed ordinance. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, 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 consistent with the Redding General Plan and applicable specific plans . The Vote: Unanimous Ayes 7/20/81 • 291 MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that, pursuant to Section 15088 of the State EIR Guidelines , Council finds that changes or alterations have been required in or incorporated into the project which mitigate or avoid the significant environmental impacts as identified in the final EIR and further recommend that the following "PD" findings are in evidence: 1. That the number of units and the improvements proposed will not overburden the capacity of drainage channels, utility lines or streets; 2. That the density and design of the project is compat- ible with adjoining development; 3 . That there are no unmitigated substantial adverse environmental impacts ; 4 . That the development accomplishes the objectives of the "PD" District. The Vote : Unanimous Ayes Councilwoman Gard offered Ordinance No. 1554 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-1-81. PUBLIC HEARING - re Tentative Subdivision Map S-11-81, by Jim Graves et al Mayor Pugh abstained from voting and discussion on this matter and the gavel was turned over to Vice Mayor Demsher. The hour of 7 : 30 P.M. having arrived, Vice Mayor Demsher opened the public hearing re Tentative Subdivision Map S-11-81 , by Jim Graves et al. The following documents are on file in the office of the City Clerk: �� Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memorandum to Council dated July 16 , 1981. He stated that the applicants have requested to divide 56 .4 acres located north of State Highway 299W and west of Sunset Terrace Subdivision, into 65 single-family lots. A map of the area was shown on the Vu Graph. Mr. Perry advised that the Planning Commission approved the subdivision subject to 34 conditions of approval and referred the map to the City Council for its approval of Condition No. 33. The Commission also made a finding that a public need and necessity exists to provide a safer access point on Eureka Way than the one proposed by the applicants and that such location was opposite Buenaventura Drive. 7/20/81 292 • Mr. Perry stated that the applicants propose access to the subdivision where an existing easement intersects Eureka Way, approximately 250 feet west of Ridge Drive. He listed several concerns regarding this access point. 4 Staff recommended that access be developed opposite Buena- ventura Drive to obtain better sight distance, avoid lane-merger area, and to reduce turning conflicts. This alternative would require a culvert on Jenny Creek and would have to occur on property not owned by the applicant. • Mr. Perry explained the requirements of Cal Trans for the intersection as proposed by the applicant and the costs involved. He added that, at some future time, the City will likely be forced to close the intersection as traffic volumes increase on Eureka Way and on other streets in the area. It is the recommendation of staff that Council approve the subdivision as approved by the Commission, with the inter- section opposite Buenaventura Drive, authorize the City Attorney to prepare a resolution of public need and neces- sity, and waive the capital-improvement fee for the 65 lots in the subdivision in exchange for constructing the culvert across Jenny Creek. As recommended, the money the developer would spend on the easement would be shifted to Buenaventura and the capital-improvement fee would be waived. To allow the developer to proceed, the City could file for immediate possession of the right of way. Mr. Perry added that this would provide a means to sewer the subdivision by gravity flow rather than by lift station. On his part, the devel- oper would pay all expenses in obtaining the right of way and constructing a 30 foot wide, paved road from the subdivision to Eureka Way. Mr. Jim Graves , developer, reviewed the history of the project. He stated that he was told by staff that the City would not assist in obtaining right of way for Buenaventura and therefore proceeded with the acquisition of the present easement. He said that between the first and second Board of Administrative Review meetings , Condition No. 33 was included. Mr. Graves said that if the modifications are made as required by Cal Trans, the safety problems with the intersection as he proposes , will be alleviated. He feels it will overburden him to align the right of way with Buenaventura. Mr. Graves requested that if the City does require access at Buenaventura, the City' s portion of the installation of the culvert be increased from $18 , 000 to $25 , 000 and that the City exclude any severance damages or penalties due to the City condemning the right of way. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the public hearing be closed. The Vote : Unanimous Ayes with Mayor Pugh abstaining Council Member Gard feels that in the long term, the11 easement as proposed by the applicant comes out at the wrong location on Eureka Way and that the alignment of Buenaventura is a better solution. Public Works Director Arness stated he would not be opposed to increasing the City' s portion of cost of the culvert to $25 , 000 if in the long term it would be better for the public need. 7/20/81 293 In response to an inquiry regarding severance damages , the City Attorney advised that he does not believe there would be a great deal involved. He stated the route proposed by staff and the Commission is an enhancement to the subdivi- sion. He said the request regarding severance damages is made prematurely and does not recommend agreement at this time . Mr. Hays said he is not opposed to leaving the severance damage question open for future consideration. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of staff with the intersection opposite Buenaventura Drive, but increasing the City' s maximum participation in the construction of the culvert at Jenny Creek to $25, 000 . The Vote : Unanimous Ayes with Mayor Pugh abstaining Condition No. 33 should now read as follows : From the end of "E" Street to opposite Buenaventura Drive a 60 foot wide right of way is to be dedicated in fee as illustrated on Exhibit "D" . The City of Redding will be responsible for the construction of a culvert where the right of way crosses Jenny Creek, provided the developer shall be responsible for any costs for the culvert that exceed $25, 000 , the maximum City participation. The City will utilize its power of eminent domain on behalf of the developer to obtain the right of way as shown on Exhibit "D, " and neces- sary sewer easements , provided the developer pays all land acquisition and court costs. Paul Jones , engineer for the project, stated that this acquisition would also include a sewer easement and elimi- nate the need for a pump station. PUBLIC HEARING - Request for Operating Schedule Change, John Hoeflich (Redding Transit) The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re a request from John Hoeflich for an operating schedule change for Redding Transit. The following documents are on file in the office of the City Clerk : Affidavit of Publication - Notice of Public Hearing e _ t. Affidavit of Mailing - Notice of Public Hearing Public Works Director Arness advised that at the July 6 Council meeting, the request to change the scheduling for Mr. Hoeflich' s bus system from Sunday to Wednesday and Friday, was referred to the Traffic and Parking Commission and the Redding Area Bus Authority for comment. He stated that at this time, neither group has met due to the lack of a quorum, and recommended that the public hearing be continued to August 17 , 1981. Mr. Hoeflich stated he does not see why the matter should be reviewed again by the Traffic and Parking Commission since they reviewed the original request. Mayor Pugh stated that the Commission' s approval was based • 7/20/81 • 294 on a Sunday only operation and involved hooding meters and the use of downtown parking spaces, whereas operating on weekdays could change their recommendation. Mayor Pugh apologized for the delays in this procedure. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher that the public hearing re a request for operating schedule change by John Hoeflich, be continued to 7: 30 P.M. , August 17, 1981. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Foxtail Park MOTION: Made by Councilman Demsher, seconded by Councilman Fulton accepting the construction of Foxtail Park, Bid Schedule No. 1291, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes AWARD OF BID - Heater-Remixing Various Streets MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Bid Schedule No. 1325 , heater-remixing various streets in the City, be awarded to Vulcan Asphalt Process Co. on its low bid in the amount of $6 , 720 . Voting was as follows: 2--1/4C6 Ayes : Council Members - Demsher, Fulton, Gard, and Pugh Noes : Council Members - None Absent: Council Members - Kirkpatrick EXTENSION OF AGREEMENT - re Parking and Storm Drainage Construc- tion at 2663 Victor Avenue with Harley Natvig Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving an extension of time to October 15 , 1981, for 3 /C Harley and Patsy Natvig to construct the storm drainage facil- ities required of them by an Agreement dated March 2 , 1981 . The Vote : Unanimous Ayes GRANT AGREEMENT - re Cost of Construction of Parallel Taxiway and Aircraft Parking at Benton Airpark MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving a Grant Agreement providing the State of Calif- ornia to pay 90% of the cost of construction of parallel taxiway and aircraft parking improvements at Benton Airpark , under the LI it/ California Aid to Airports Program; and, authorizing the Mayor to execute the Acceptance of the Grant. The Vote: Unanimous Ayes ORDINANCE - Amending Section 10 . 20. 046 , Prohibiting Alcoholic Beverages in Parks City Attorney Hays advised that since the adoption of Ordinance No. 1547 , adding South City Park as a location where possession and consumption of alcoholic beverages is prohibited, it has been determined that it was not intended that the ban should include the softball park at the corner of Parkview and Akard , xral3 Avenues. Mr. Hays stated that it has also been decided to prohibit alcoholic beverages at Alta Mesa Park. Therefore, an ordinance has been prepared to accomplish the prohibition at Alta Mesa Park and to define South City Park as the area bounded by South Market, Parkview, Grape, and Cypress Streets. Councilman Demsher offered Ordinance No. 1555 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 10.20 of the Redding municipal Code by repealing Section 10. 20. 046 and substituting therefor a new Section 10 . 20 . 046 , 7/20/81 295 prohibiting possession or consumption of alcoholic beverages in Lake Redding, Caldwell Memorial, Alta Mesa, and South City • Parks. AGREEMENT - Appraisal Services City Attorney Hays advised that because the Cascade Sewer Project is funded by HUD, it is necessary that we have the standard HUD form Agreement for Appraisal Services with Ryan and Associates, covering the appraisal of two easements required for ,/_f7 Phase 2 of the Project. He noted that Chuck Ryan has already signed the Agreement, which provides for the usual compensation to the appraiser. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard approving the Agreement with Ryan and Associates as herein- above stated and authorizing the Mayor to execute the document. The Vote : Unanimous Ayes AGREEMENT - Redding Swim Club re Use of Redding Plunge Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving an agreement permitting the Redding Swim Club regular use of the Redding Plunge from 7 : 00 to 9 : 00 A.M. and from 5 : 00 to 7 : 00 P.M. , daily, from June 1 to December 31, and ;0; special use for swim meets. The Vote : Unanimous Ayes with Mayor Pugh abstaining In response to an inquiry from Mrs. Gard, Parks and Recreation Director Riley advised that the Parks and Recreation Commission has reviewed this Agreement and is aware of all activities at both pools. AGREEMENT - Redding Swim Club and SUHS District re use of Enterprise Pool Mayor Pugh abstained from voting on this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher approving an Agreement permitting the Redding Swim Club regular use of the Enterprise Pool from 7 : 00 to 9 : 00 A.M. daily, from June 1 to December 31, and special use for swim meets. The Vote: Unanimous Ayes with Mayor Pugh abstaining ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Doc' s Skyroom (Perry, Marsh, 10 Hilltop Drive Civil Aeronautics Board: WestAir Jet Fitness Investigation WestAir Jet, Inc. , Order to Show Cause Public Utilities Commission: Greyhound Lines , Inc. , Request to Increase Rates Eureka-Redding Stages, Inc. , Request to Increase Rates PGandE, Request to Increase Rates ADJOURNMENT There being no further business, at the hour of 8 :50 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: ATTEST: City/Clerk U • 7/20/81