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HomeMy WebLinkAboutMinutes - City Council - 1981-10-05 377 City Council Regular Meeting Police Dept. & Council Chambers Redding, California October 5 , 1981 7 :00 P.M. The Pledge of Allegiance to the Flag was led by Assistant City 4 Manager Courtney. The invocation was offered by Reverend Paul Turner of the 1 Christian Life Center. 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, Assistant City Manager Courtney, Public Works Director Arness, City Attorney Hays, Planning and Community Development Director Perry, Director of Electric Lindley, Housing and Redevelopment Administrator Henson, Senior Associate Planner Keaney, City Clerk Richter, Deputy City Clerk Strohmayer, and Secretary to the City Council Rupp. 7 APPROVAL OF MINUTES MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the minutes of the Regular Meeting of September 21, 1981, the Adjourned Regular Meeting of September 23 , 1981, and the Special Meeting of September 28 , 1981, be approved as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Request from John Rhea - re Installation of Stop Signs on Redwood Boulevard and White River Drive MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that the request from John Rhea regarding V { traffic problems at the intersection of Redwood Boulevard II3 E and White River Drive in the Mt. Vista Subdivision, be referred to the Traffic and Parking Commission for report and recommendation. The Vote: Unanimous Ayes Petition for Sanitary Sewer Improvements Assessment District - Property Owners on Kenyon Drive 3 MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that the petition from property owners on /P03 Kenyon Drive for the formation of a sanitary sewer assessment district, be referred to staff for report and recommendation. The Vote: Unanimous Ayes Petition - re Asphalt Surfacing of Gun Club Road MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that the petition to consider the asphalt .1 .(6,.(6, surfacing of the Gun Club Road, be referred to staff for report and recommendation. The Vote: Unanimous Ayes HARTNELL AVENUE ASSESSMENT DISTRICT NO. 1980-3 The following resolution was submitted on behalf of Special Bond Counsel relative to Hartnell Avenue Assessment District No. 1980-3 : $� Resolution - Extending Period of Negotiation for Bond Sale MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-225 be adopted, a resolution of the City Council of the City of Redding extending the period of a 10/5/81 378 ry r negotiation for bond sale in Hartnell Avenue Assessment District No. 1980-3 . Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 11/ Resolution No. 81-225 is on file in the office of the City Clerk. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Accounts Payable Register Number 7 , check nos. 79961 through 80311 inclusive, in the amount of $2 , 273 , 997 . 07 , be approved and paid, and that Payroll Register No. 7 , check nos. 150693 through 151265 inclusive, for the period September 13 , 1981 through September 26 , 1981, in the amount of $422 ,511. 43 , be approved. Total: $2 ,696 ,508 . 50 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 Eleanor Stern - Claim filed 9/23/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Claim for Personal Injury filed by Eleanor Stern on September 23 , 1981, be referred to the City Insurance Carrier and instructing the City Clerk to place the Claim on the agenda for November 2 , 1981. The Vote: Unanimous Ayes Dennis Eugene Dorratcaque - Claim filed 9/18/81 Council Member Kirkpatrick abstained from voting on this item. MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that Claim for Personal Injury filed by r Dennis Eugene Dorratcaque on September 18 , 1981, be referred to the City Insurance Carrier and instructing the City Clerk to place the Claim on the agenda for November 2 , 1981. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining Frank Hall Gafford, Jr. - Claim filed 9/21/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damages filed by Frank Hall Gafford, Jr. on September 21, 1981 , be denied and referred to the i2 City Insurance. The Vote: Unanimous Ayes Howard Taylor - Claim filed 9/16/81 } MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Claim for Damages filed by Howard Taylor on September 16 , 1981, be referred to the City Insurance Carrier and instructing the City Clerk to place the Claim on the agenda for November 2 , 1981. The Vote: Unanimous Ayes Shawn Jay Wallace - Claim filed 9/16/81 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Claim for Personal Injury filed by Jeffrey Jens, attorney for Shawn Jay Wallace on September 16 , 1981, 17 10/5/81 379 . 1 A E a 1 n be referred to the City Insurance Carrier and instructing 5 the City Clerk to to place the Claim on the agenda for November 2 , 1981. The Vote: Unanimous Ayes T Eugene Darrah and Nadina Darrah and their minor child, Alisha Darrah - Claim filed 9/24/81 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Claim for Personal Injury filed by Robert O. Huber, attorney for Eugene and Nadina Darrah and /A '- A their minor child Alisha Darrah on September 24 , 1981, be referred to the City Insurance Carrier and instructing the City Clerk to place the Claim on the agenda for November 2 , 1 1981. The Vote: Unanimous Ayes 3 Elma T. Nunn - Claim filed 9/24/81 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Claim for Damages filed by Elma T. Nunn on iA3 i September 24 , 1981, be approved and paid in the amount of 7 $78 . 93. The Vote: Unanimous Ayes 1 SETTLEMENT OF CLAIM 1 City Attorney Hays advised that the following claim has been f settled by the City Insurance Carrier: 1)3 Roy E. Ladd, Moss & Enochian, their attorneys - Claim for j Damages Summons filed 12/1/80 - Settled in the amount of $4 ,500 SUMMONS AND COMPLAINT City Attorney Hays advised that the following Summons and 1 Complaint has been received: Otto L. Smalley, Jr. , byGerald M. Stanfield, his attorneyi 's Claim for Personal Injury - Summons filed 10/5/81 t i ORDINANCE - re Bus Loading Zones MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that full reading of Ordinance No. 1561 be waived. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1561 be adopted, an ordinance of the i City Council of the City of Redding amending Chapter 11. 24 of )/3C the Redding Municipal Code by repealing Section 11. 24 . 090 and substituting therefor a new Section 11. 24 . 090 , pertaining to ' designation of bus loading zones. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, o and Pugh Noes: Council Members - None Absent: Council Members - None Ordinance No. 1561 is on file in the office of the City Clerk. 1 ORDINANCE - re Authorizing M-S-R to Issue Revenue Bonds, 4 11111 Including Temporary Notes MOTION: Made by Councilman Demsher, seconded by Councilwoman Gard that full reading of Ordinance No. 1562 be waived. TheI�(pill Vote: Unanimous Ayes 4 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1562 be adopted, an ordinance of the 4 10/5/81 S 4 1 t 380 L FF l r City Council of the City of Redding authorizing M-S-R Public Power Agency to issue revenue bonds , including temporary notes . } Voting was as follows: w Ayes : Council Members - Fulton, Kirkpatrick, and Pugh 3 Noes: Council Members - Demsher and Gard Absent: Council Members - None Ordinance No. 1562 is on file in the office of the City Clerk. rCouncil Member Demsher noted that he hopes everyone is aware that the City of Redding has no management voice in the Arizona Nuclear Power Project. He added that transporting the effluent from Phoenix to the plant may someday be profitable, but the P. City of Redding will not benefit in any way. ", Council Member Gard concurred that the City has no management responsibility but is fully responsible for liability. REQUEST FOR ADVANCE OF REVENUE SHARING FUNDS - The Center and the Martin Luther King, Jr. , Memorial Center Assistant City Manager Courtney advised that funding for the two above agencies expired on August 31, 1981. He explained that the Revenue Sharing Committee has met and considered all requests by outside agencies but the recommendation has not been 5/1 completed due to the uncertainty of the amount of Federal funds E which will be available. He stated that The Center and the Martin Luther King, Jr. , Memorial Center have a critical need for continued monthly funding payments and recommended that temporary funding agreements be approved to provide a continuation of monthly payments from September 1, 1981, through December 31, 1981 at the same rate as that which was applicable during the previous funding period. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving temporary funding agreements with The Center e and the Martin Luther King, Jr. Memorial Center for monthly i payments from September 1 , 1981, through December 31, 1981, at the same rate as that which was applicable during the previous funding period. The Vote: Unanimous Ayes ASSESSMENT FOR THE NCPA - Calaveras Project Electric Director Lindley reviewed his memorandum to Council dated October 1, 1981. He stated that at a recent NCPA meeting, the increased financial commitment to the Calaveras Hydroelectric Project was adopted. He advised that Redding' s share of this increase is $92 , 971 and recommended payment of I(pL this amount. Mr. Lindley advised that if Council elects to proceed with this appropriation, the City' s total committed amount of $282 , 300 will be refunded from the bond sale proceeds. He expects this a to occur in 1982 . Mr. Lindley proposed that funding for this assessment be provided from Electric Department reserve funds. 1 3 r In response to an inquiry from Mrs. Gard regarding the cost of power from this project, Mayor Pugh advised that a report has been prepared and will be distributed to all Council Members . III Mayor Pugh further noted that the cost of this project relates V directly to future interest rates . He stated that in his opinion, this is one of the better projects in the long range. k r L10/5/81 381 Mr. Lindley stated it is expected that project licenses should be issued near the end of October and the project should be on line and producing power in 1985 , if it proceeds on schedule. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving an appropriation of $92 , 971 for Redding' s share of the increased assessment for the NCPA Calaveras Project. The Vote: Unanimous Ayes 4 R. W. BECK PROFESSIONAL SERVICES AGREEMENT - re Various Proposed Power Projects Electric Director Lindley submitted a Technical Services Agreement between the City of Redding and R. W. Beck and Associates for an amount not to exceed $20 ,000 . He advised that 10 1 under this agreement, R. W. Beck will provide a comprehensive assessment of the impacts which the various power projects now under consideration by the City, will have on the City' s electric utility. He noted that funds for this project are available in the current budget. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the Technical Services Agreement between the City of Redding and R. W. Beck and Associates as hereinabove stated. The Vote: Unanimous Ayes 1 STATE BOND ACT GRANT APPLICATION - Caldwell Park and Sacramento River Trail Planning and Community Development Director Perry submitted two resolutions authorizing staff to apply for 1976 and 1980 Park Bond Act Funds to be used for the Sacramento River Trail and Caldwell Park irrigation and turf. A third resolution was submitted rescinding previous authorization pertaining to grant moneys for the Enterprise Community Park. He advised that when the Board of Administrative Review considered the EIR for the j)11 trail project, owners of an adjoining residence expressed concern with the project. Their concerns included safety, and rear yard security. They suggested that the project be deferred until additional development occurs, that the trail be left unpaved, or that the project be abandoned altogether. It is the recommendation of staff that Council authorize applications for 1976 and 1980 Park Bond Act Funds by adoption of the above-described resolutions. Mr. Perry advised that a petition was submitted this evening from property owners in the Lake Redding Estates area expressing their opposition to the trail project and they may wish to be heard this evening. In response to an inquiry from Mrs. Gard, Mr. Perry advised that the earliest that these projects would be completed would be the summer of 1982 . Councilman Demsher acknowledged the concerns of the residents but stated that after numerous hearings held on the Lake Redding Estates project, part of the compromise was to provide public access between private land and the river and trails leading to the B.L.M. land. Marilyn Simons , 2463 Carnelian Way, stated that the Lake Redding Estates project has not developed as fast as it was intended and felt that the trail construction should be postponed until the 4 i 10/5/81 f r 382 E i i area is fully developed. She added that it would bring exces- sive foot and bicycle traffic on the Diestelhorst Bridge. r Barry Taylor, 2612 Lake Redding Drive , concurred with Mrs. Simons and expressed concern regarding increased traffic, crime, and safety of small children. Bridgette Chicoine, 2649 Lake Redding Drive, stated that her f. home was recently burglarized and requested that the trail 1 improvements be postponed until further development occurs and r noted that only 40 homes currently exist where there is a f potential for 500 . I Sam Kemp, 350 Agate Way, expressed concern with the additional drug and alcohol-related problems involved when the trail is connected to the Lake Redding Park and said policing will be a problem. Brad Brown, 2745A Radio Lane , stated he hopes to see money spent k on bicycle trails that lead to places where people need to go throughout town. ` Council concurred that the decision to provide a pedestrian and bicycle trail in the Lake Redding Estates area was well-thought out during the many public hearings and is part of the General Plan for the area. Resolution c MOTION: Made by Councilwoman Gard, seconded by Councilman r Demsher that Resolution No. 81-226 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 78-15 pertaining to an application for 1976 State grant W �d moneys for the Enterprise Community Park. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-226 is on file in the office of the City Clerk. Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-227 be adopted, a resolution of the City Council of the City of Redding approving the application for 1976 State grant moneys for Sacramento River Trail Project. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None t Resolution No. 81-227 is on file in the office of the City Clerk. 11111 i Resolution rMOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Resolution No. 81-228 be adopted, a resolution of the City Council of the City of Redding approving the application for 1980 State grant moneys for Caldwell Park irrigation and turf. 1 10/5/81 _ .-- - _ .-. _ 383 5 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 111 Resolution No. 81-228 is on file in the office of the City Clerk. RESOLUTION SETTING PUBLIC HEARING - Abandonment Application A-9-81, by Mike Walsh MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 81-229 be adopted, a resolution of the City Council of the City of Redding declaring its intention �/ to vacate and abandon a portion of 11th Street between Eureka �5 Way and West Street, and setting a public hearing for November 16 , 1981. A Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-229 is on file in the office of the City Clerk. TENTATIVE SUBDIVISION MAP - The Overlook Subdivision, S-16-81 Council was advised that the Planning Commission has approved the tentative subdivision map for Don Cartwright, located west /p � of Palisades Avenue and north of the Sacramento River. Said map consists of 23 single-family lots on 18 acres , eleven of which will front on the bluffs overlooking the Sacramento River. SET PUBLIC HEARING - Planned Development Application PD-16-80 by s John Frank t MOTION: Made by Councilman Kirkpatrick, seconded by Councilman f Fulton setting a public hearing for 7 : 30 P.M. , October 19 , 1981, to consider Planned Development Application PD-16-80 , by John Frank. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 81-10 - Oak Mesa Lane Area Planning and Community Development Director Perry submitted a letter on behalf of the owner of property located west of Oak Mesa Lane, requesting annexation. Mr. Perry stated that most of the property was annexed as part of Annexation No. 80-11, but at g the time that annexation occurred, neither City staff nor LAFCO 5 were aware that the ten acres was owned by Mr. Brewer and had # it been combined with the remainder of his property. As it now stands, Mr. Brewer' s parcel is divided by a City-limit line, which is prohibited under State law. Mr. Perry advised that to rectify the situation, it is the recommendation of staff that annexation proceedings be commenced for the ten acres. Resolution - Agreeing to Exchange of Property Tax Revenues MOTION: Made by Councilman Demsher , seconded by Councilman -111 Fulton that Resolution No. 81-230 be adopted, a resolution of the City Council of the City of Redding agreeing to exchange of t property tax revenues for uninhabited Annexation No. 81-10 to the City of Redding (Brewer Property on Old Alturas Road) . Voting was as follows: 2 Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, i and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-230 is on file in the office of the City Clerk. 1 10/5/81 s T . - t 384 } Resolution - Commencement of Annexation Proceedings MOTION: Made by Councilman Demsher , seconded by Councilman Fulton that Resolution No. 81-231 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 81-10 (Brewer Property on Old Alturas Road) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-231 is on file in the office of the City Clerk. PUBLIC HEARING - re Property Acquisition for Hartnell Avenue Extension, Forcella Property The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re property acquisition for Hartnell Avenue ? Extension, Forcella property. ► The following documents are on file in the office of the City Clerk: 360 :4 Affidavit of Service - Notice of Public Hearing The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. v City Attorney Hays advised that the Forcella property is required for the extension of Hartnell Avenue and related e improvements as part of the Hartnell Assessment District. He stated that staff has attempted to negotiate with the property owners and their attorney for several months but have been unable to reach agreement. It is the recommendation of the City Attorney that Council make the finding of public convenience and necessity by adoption of a resolution so that staff may file the necessary eminent domain action and obtain possession of the property. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 81-232 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements , to wit, for the construction and maintenance of street improvements and drainage and sewer and water facilities as part of the Hartnell Avenue Assessment District (Forcella Property) . r 10/5/81 _ 385 { Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-232 is on file in the office of the City Clerk. PUBLIC HEARING - re Property Acquisition for Parkview Avenue Extension, Redding Transit Mix Property The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the continued public hearing re property acquisition for Parkview Avenue Extension, Redding Transit Mix property. The following documents are on file in the office of the sd City Clerk: Affidavit of Service - Notice of Public Hearing The City Clerk advised that no written protests have been received. City Attorney Hays advised that the Redding Transit Mix 4 property is required for the extension of Parkview Avenue, as part of the Hartnell Assessment District. It is the recommendation of the City Attorney that Council 1 make a finding of public convenience and necessity by 111 adoption of a resolution so that staff may file the necessary eminent domain action to obtain possession of the property. Mr. Allan Swanson, 335 West Street, representing Redding Transit Mix, stated they object to this acquisition and do not feel that the public convenience and necessity requires taking this property. He said that one reason for the 4 extension of Hartnell is to take traffic off of Bechelli Lane. He predicted that Bechelli Lane traffic will actually increase. He advised that the property owned by Redding Transit is projected as an extension of Parkview Avenue which will connect with Hartnell Avenue and Henderson Road. This has been designed to solve traffic problems, but he feels that modification of certain intersections and the installation of traffic signals at Cypress Avenue could alleviate the problems . MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Council Members concurred that this extension was determined appropriate through the public hearing process and it would be a tie between Hartnell and Henderson. It was also noted that this extension would be beneficial if a bridge across the Sacramento River is constructed at Parkview in the future. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by 4 Councilman Demsher that Resolution No. 81-233 be adopted, a 10/5/81 t 386 c i t `yA resolution of the City Council of the City of Redding finding that the public convenience and necessity require E the acquisition of certain real property interests for ipublic improvements, to wit, for the construction and maintenance of the extension of Parkview Avenue as part of the Hartnell Assessment District (Redding Transit Mix) . Voting was as follows: III Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-233 is on file in the office of the City Clerk. S PUBLIC HEARING - re Property Acquisition for Extension of Buenaventura Avenue, Mangiantini Property The hour of 7 : 30 P.M. , Mayor Pugh opened the public hearing re property acquisition for extension of Buenaventura i Avenue, Mangiantini property. The following documents are on file in the office of the City Clerk: 5<j & Affidavit of Service - Notice of Public Hearing 's 9 0 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. City Attorney Hays advised that the Mangiantini property isIF required for the extension of Buenaventura Boulevard, as Pwell as for Sunflower Drive, and easements for related t public utilities. It is the recommendation of the City Attorney that Council make a finding of public convenience and necessity by adoption of a resolution so that staff may file the 4 necessary eminent domain action to obtain possession of the 1- property. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that resolution No. 81-234 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements, to wit, for the construction and [ maintenance of the extension of Buenaventura Boulevard , North of Eureka Way, and Sunflower Drive, and certain public utilities (Mangiantini property) . II II t Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, o Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-234 is on file in the office of the City Clerk. V x t 3 10/5/81 387 PUBLIC HEARING - re Site Plan Review Application SPR-3-79 , Cal-Tank Mayor Pugh abstained from discussion and voting on this item and the hearing was chaired by Vice Chairman Demsher. 111 The hour of 7 :30 P.M. having arrived, Vice Chairman Demsher opened the public hearing re Site Plan Review Application SPR-3-79 , Cal-Tank. 1 The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing /i15 Affidavit of Mailing - Notice of Public Hearing / 7 `I The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo to Council dated September 30 , 1981 , which is hereby made a part of these minutes by reference. He stated that amendments to the above-noted site plan are being submitted to Council for consideration. Mr. Perry advised that as directed by Council, staff, neighboring residents, and representatives of Cal-Tank met on June 17 , to discuss the neighbors complaints pertaining to Cal-Tank. Mr. Perry advised that the attorney for Cal-Tank subsequently submitted a letter proposing certain changes in the company' s operation and site plan. He summarized these proposed changes. Mr. Perry noted that under the proposal, outside storage 1 will still occur on the west side of the building; loading would occur outside of the building in the depressed driveway area. He advised that Cal-Tank has made other ' changes since the matter came back to Council, including replacing dead trees , installing sound-dampering devices on the shear press and placing insulation on the northwest 1 door to further reduce noise . He noted that some of the newly planted trees are dying and they have requested permission to substitute trees that may tolerate the location better. He further noted that one of the key complaints is screening outside storage , which has been verified by staff. Mr. Perry outlined the options available to Council at this time and suggested that if Cal-Tank' s proposal is accepted, certain conditions be placed on the site plan amendments. He listed the five proposed conditions. Mr. Leonard Bandell, attorney for Cal-Tank, stated that they have met with the people involved and have made a 4 recommendation to attempt to alleviate the complaints of the neighbors . He stated that the flat-bed trucks would not be able to load in the depressed loading area and he proposed that one truck per week be allowed to continue to load in the yard area. He said they would make an effort 1 to move that activity to the back part of the lot. Mr. Bandell also noted that they have had trouble 3 maintaining the trees and would like to substitute something which would be more suitable to an arid strip. 10/5/81 388 Mr. Russell Swartz , attorney for the Gouldsmiths, stated that to some extent he also speaks for other property owners in the area. Mr. Swartz presented several slides of the Cal-Tank building and surrounding fences and landscaping. He stressed that the fence fails completely as a visual screen. He also emphasized the lack of proper maintenance of the trees facing Woggon Lane. Mr. Swartz { suggested that the back side of the lot between the Fire Hall and the building be blacktopped and used for loading and unloading trucks , away from the neighbors ' view. He stated that his clients are opposed to Cal-Tank filling in the drainage ditch in the rear of the property. Mr. Swartz felt that the changes proposed by Cal-Tank were not made in the interest of the neighbors but were for their own benefit. He also opposed the three-foot extension above the existing fence as it would be very unattractive. Mr. Bandell commented that the fence was built in accordance with City specifications as were other require- ments. He noted that Cal-Tank plans do not include filling in the drainage ditch. Edward Devan, 2036 Dog Road, stated he is opposed to the addition on the back of the building and construction of the depressed dock. He felt they should improve the landscaping and any additions should be compatible for the transition from the industrial to the residential zoning. Mary Gouldsmith, re-emphasized her dissatisfaction with the visual screening of the property and the poor maintenance of the landscaping facing Woggon Lane. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the public hearing be closed. The Vote: Unanimous Ayes Councilwoman Gard said she feels the noise problem seems to be improved but that the landscaping is still a problem. She suggested that oleander or other drought-resistant plants be used which would be suitable for screening purposes. Council and staff discussed the fencing requirements under { the site plan review criteria. Council Members Demsher and Kirkpatrick agreed that the landscaping had not been maintained in the best manner and that proper soil treatment was needed. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher accepting the six proposed changes by Cal-Tank as outlined in the staff report dated September 30 , 1981, subject to the following conditions: 1. Raised fence to be color-coordinated with existing fence. 2 . Outside storage is not to be visible over fence as viewed from Oasis Road in front of the property or 1111 from Woggon Lane immediately adjacent to the fenced area, provided that the Oasis Road gate may be open during business hours. 3 . The nine-foot fence to be extended to intersect the spur-track property line. 10/5/81 389 A 4 . Landscaping is to be redesigned to provide plants that will live, including drought-resistant species. Said plants are to be designed to screen the storage yard. The revised landscaping plan is to be approved by the 5 Planning Director. 5 . All truck loading is to occur at the loading dock, provided that one flat bed per week may be loaded in the storage yard, provided further that no loaded flat bed truck shall be stored overnight on the property. 6 . Any fill that encroaches into the drainage ditch is to A be approved by the Director of Public Works. The Vote: Unanimous Ayes with Mayor Pugh abstaining PUBLIC HEARING - re Rezoning Application, RZ-5-81, by Centurion Corp. The hour of 7 : 30 P.M. having arrived, Mayor Pugh opened the public hearing re Rezoning Application RZ-5-81 , by Centurion Corp. The following documents are on file in the office of the ,r City Clerk: i Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing 1 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no written protests from the floor. Planning and Community Development Director Perry reviewed his memorandum to Council dated September 29 , 1981. He stated that the Planning Commission has recommended rezoning property located at 240 Hilltop Drive from "PD" Planned Development District, "R3-40-F" and "R3-40-F" Multiple Family Residential Districts , and "U-F" Unclassifed District to "R3-25-F" and "R3-40-F" Multiple Family Residential Districts and "U-F" Unclassified District. A map of the area was shown on the Vu Graph. It is the recommendation of the Planning Commission and staff that the area be rezoned as requested subject to site plan criteria as listed in the staff report to Council dated September 29 , 1981 , which is hereby made a part of these minutes by reference. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Demsher that Council makes the following findings re Rezoning Application RZ-5-81, by Centurion Corporation: 1 11 1. Project is compatible with the Redding General Plan 1111 2 . Project will not significantly alter existing land form 3 . Project is compatible with surrounding land use 4 . Project is compatible with the Code of the City of Redding, California 1 and, ratifies the negative declaration approved by the Board of Administrative Review on July 1 , 1981. The Vote: Unanimous Ayes 10/5/81 C 390 i. Councilman Kirkpatrick offered Ordinance No. 1563 for first reading, an ordinance of the City Council of the City of Redding amending Section 18 . 06 . 020 of the Redding Municipal t Code relating to the rezoning of certain real property in the City of Redding (RZ-5-81) . i. PUBLIC WORKS PLANNING REPORTS III Public Works Director Arness submitted the Public Works Planning i ,5gb Reports for October, 1981 . NOTICE OF COMPLETION - Cascade Sewer Project, Phase II 2)/1MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Bid Schedule No. 1309 , Cascade Sewer Project, Phase II , be accepted as being completed satisfactorily and instructing the City Clerk to file a Notice of Completion. V Voting was as follows: Ayes: Council Members - Demsher, Fulton , Gard, Kirkpatrick, f and Pugh Noes: Council Members - None Absent: Council Members - None I NOTICE OF COMPLETION - Placer Street Bypass Sewer Extension FMOTION: Made by Councilman Kirkpatrick, seconded by Councilman F Fulton that Bid Schedule No. 1315 , Placer Street Bypass Sewer Extension, be accepted as being completed satisfactorily and 11 instructing the City Clerk to file a Notice of Completion. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh r Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Redding Ranchettes , 16-Inch Water Transmission Main MOTION: Made by Councilman Demsher, seconded by Councilman 1 Kirkpatrick that Bid Schedule No. 1320 , Redding Ranchettes, P � 1 16-inch water transmission main, be accepted as being completed '3 satisfactorily and instructing the City Clerk to file a Notice of Completion. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None i' Absent: Council Members - None ACCEPTANCE OF IMPROVEMENTS - Boulder Creek Drive Extension, LS-17-79 rMayor Pugh abstained from voting on this item. MOTION: Made by Councilman Demsher, seconded by Kirkpatrick `- °2 accepting the improvements in Lot Split Application LS-17-79 as being completed satisfactorily. The Vote: Unanimous Ayes with Mayor Pugh abstaining Resolution - Accepting Street MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-235 be adopted, a resolution of the City Council of the City of Redding accepting for r maintenance and operation the extension of Boulder Creek Drive. - t Voting was as follows: Ayes : Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None L Absent: Council Members - None i Abstain: Council Members - Pugh s Resolution No. 81-235 is on file in the office of the City Clerk. x $ L 10/5/81 i 391 9 ANNEXATION AND ASSESSMENT DISTRICT REQUEST - Western Ranches, Western Homes, and Shasta Ranches Public Works Director Arness submitted a status report on annexation and assessment district petition for Western Ranches, Western Homes, and Shasta Ranches. He advised Council that petitions circulated in the areas have been tabulated and the percentage signed is now in excess of sixty percent of the land , 0 area. He outlined the estimated time schedule to complete the annexation and assessment district proceedings. He estimated the final hearing ordering annexation, without an election, to �? be February 15 , 1981. He noted that the County is presently not approving tax exchange resolutions with the City. This was an information item and no action was taken by Council. RESOLUTIONS - re Surplus Street Right of Way, Portion of Twin View Boulevard, A-6-81 City Attorney Hays stated that this street vacation, which was previously approved by Council , was inadvertently treated in the same manner as an abandonment. He said that since the City owns the fee title to the excess street right of way, the situation must be corrected by adoption of two resolutions and authorizing �1 the Mayor to sign the Grant Deed to Ernest Osling, the adjoining 026 property owner, in exchange for certain considerations previously agreed upon. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-236 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 81-161, pertaining to the vacation of a portion of Twin View Boulevard (A-6-81) . Voting was as follows: r Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None 1 Resolution No. 81-236 is on file in the office of the City Clerk. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-237 be adopted, a resolution of the City Council of the City of Redding summarily vacating a 1 portion of Twin View Boulevard (A-6-81) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-237 is on file in the office of the City Clerk. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton authorizing the Mayor to execute the Grant Deed to Ernest Ostling, for fee title to certain real property situated in the City of Redding. The Vote: Unanimous Ayes RESOLUTION - re Agreement for Police Training at CHP Motorcycle School ') MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 81-238 be adopted, a resolution o,ZLP� of the City Council of the City of Redding approving an agreement with the California Highway Patrol pertaining to a 10/5/81 1. __ 392 L 3 r T training program, to wit, initial motorcycle training, to be provided to City Police by the CHP, and authorizing the City Manager to execute the necessary documents. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Kirkpatrick and Pugh Noes : Council Members - None Absent: Council Members - None III ? Resolution No. 81-238 is on file in the office of the City Clerk. REPORT BY CITY ATTORNEY - re Geothermal Steam Bids by CCPA City Attorney Hays advised that last week, CCPA submitted bids for Federal mineral rights. He stated that Oxidental Petroleum has placed a restraining order on opening the bids and therefore lb 0 the B.L.M returned the bids unopened. In regard to the State bids opened on October 1 , CCPA was the successful bidder on three parcels; however, property owners have the opportunity to match the bids and until it is known if someone will match the s bids, the State cannot lease the land to CCPA. i P This was an information item and no action was taken by Council . z LEASE AGREEMENT - Shasta Wildlife Refuge at Twin View Sewage , Treatment Plant MOTION: Made by Councilwoman Gard, seconded by Councilman L Demsher approving a lease agreement between the City and the Shasta Wildlife Refuge to use the Old Twin View Sewage Treatment Plant for their operation, and authorizing the Mayor to sign. The Vote: Unanimous Ayes RESOLUTION - re Intention to Amend Contract with PERS City Attorney Hays submitted the proposed amendment to the > Contract with the Public Employees Retirement System regarding the City ' s withdrawal from the Social Security System. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 81-239 be adopted, a resolution of the City of Redding of intention to approve an amendment to contract between the Board of Administration of the Public Employees Retirement System and the City Council of the City of Td' Redding. Voting was as follows: t Ayes : Council Members - Demsher, Fulton, Gard, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Resolution No. 81-239 is on file in the office of the City Clerk. JOINT EXERCISE OF POWERS AGREEMENT - Amendment re Operation of z. Redding Area Bus Authority City Attorney Hays advised that this proposed amendment affects only Section 4 of the original Joint Powers Agreement, substituting the City Treasurer and the City Finance Director as z1Q 11 Treasurer and Controller, respectively, of RABA, in place of the iCounty Treasurer and County Auditor. i MOTION: Made by Councilman Demsher, seconded by Councilman iFulton approving the amendment to the Joint Exercise of Powers F t i F 10/5/81 393 i i 4 Agreement between the County of Shasta and the City of Redding as hereinabove stated, and authorizing the Mayor to sign. The Vote: Unanimous Ayes i ORDINANCES - re North Fork Stanislaus River Hydroelectric 1 Development Power Project (Calaveras Project) ! City Attorney Hays advised that the above project has developed to the point that considerations for financing must be 14 undertaken. The two ordinances submitted to first reading are �0 designed to authorize the issuance of bonds and notes by NCPA to $ provide for this financing. They are similar in form to Ordinances the Council has previously adopted for other projects. They do not commit the City to any expenditures or to direct participation in the project. Councilman Demsher offered Ordinance No. 1564 for first reading, i an ordinance of the City Council of the City of Redding authorizing the issuance of public power revenue bonds by # Northern California Power Agency (North Fork Stanislaus River t s Hydroelectric Development Power Project) . 1 Councilman Demsher offered Ordinance No. 1565 for first reading, t an ordinance of the City Council of the City of Redding authorizing the issuance of notes by Northern California Power Agency (North Fork Stanislaus River Hydroelectric Development z Power Project) . 1 CLOSED SESSION City Attorney Hays requested that a closed session be held at this time regarding pending litigation. ROUTINE REPORTS AND COMMUNICATIONS: Alcoholic Beverage License Applications: Chow Palace, Gerald & Rosellen Sufficool 7 1816 Park Marina Drive Civil Aeronautics Board: i Notice of Intention to Suspend Service Golden Gate Airlines, Swift Aire Lines, and Air Oregon t i Public Utilities Commission: Pacific Telephone and Telegraph, request to increase rates ADJOURNMENT There being no further business , at the hour of 9 : 40 P.M. , Mayor Pugh declared the meeting adjourned. APPROVED: i ___-_-------•,--'-- .moi � ATTEST ` i ill i e),;_ea/2,_e__ e _. J City Clerk ¢ A 1 z r s t t 4 10/5/81 1