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HomeMy WebLinkAboutMinutes - City Council - 1982-08-02r - 196 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California August 2, 1982 7:00 P.M. The Pledge of Allegiance to the Flag was led by Public Works Director Arness. The invocation was offered by Pastor Noble Streeter of the First Presby- terian Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Kirkpatrick, Pugh, and Gard Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community > Development Director Perry, Superintendent of Public Works Galusha, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Mathis, Senior Associate Planner Keaney, Personnel Officer Bristow, City Clerk Nichols , and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of July 19, 1982 Approval of Payroll and Accounts Payable Register - Accounts Payable Register No. 03, check nos. 85676 through 86127 inclusive, in the amount of $1 ,934,113.98, be approved and paid, and Accounts Payable Register No. 02, check nos. 162828 through 163453 inclusive, in the ��� amount of $448,404.82, for the period July 4, 1982, to July 17, 1982, be approved. Total : $2 ,382 ,518.80 Claims for Damage and Personal Injury - 1st Hearing Violet Defehr - Claim for Damages filed 7/22/82 //° /3 Recommend denial Martin & Dorathy Montonye - Claim for Damages filed 7/15/82 2 Recommend denial and referral to City Insurance Carrier Ralph McNeeley, as Father - Claim for Personal Injury filed 7/19/82 / A,2 Recommend denial and referral to City Insurance Carrier Ralph McNeeley, as Guardian - Claim for Personal Injury filed 7/19/82 Recommend denial and referral to City Insurance Carrier Rosemary McNeeley, as Mother - Claim for Personal Injury filed 7/19/82 / )g Recommend denial and referral to City Insurance Carrier Vicki Byrd - Claim for Damages filed 7/19/82 3 Recommend payment in the amount of $187 Summons and Complaints Snelson & Sigrid McGriff vs. City of Redding et al Claim for Personal Injury11/ Settlement of Claim Rick Collins - Claim for Damages filed 5/20/82 /),3 Settled in the amount of $76.45 a _ 8/2/82 197 Joint Trench Agreement - Pacific Telephone and Telegraph Recommend authorization for the City Manager to sign a Joint Trench Agreement with Pacific Telephone & Telegraph for $6,514 for the City 5-6 of Redding' s share of the costs to complete a tie to Alta Mesa from the recently constructed Western Oaks Subdivision. Set Public Hearing - RZ-4-82, by City of Redding Recommend that a public hearing be set for 7:30 P.M. , August 16, 1982, /44 to consider Rezoning Application RZ-4-82, by City of Redding. Acceptance of Improvements - West Side of Churn Creek Road Recommend acceptance of sanitary sewer and storm drain improvements on , /7c' the west side of the 3600 block of Churn Creek Road, as part of the 3/� off-site improvements required for the proposed Montebello Subdivi- /0g sion. Acceptance of Improvements - Lake Boulevard East Subdivision, Unit 1 „Vg_. Recommend acceptance of water and sewer line improvements in the Lake 5/ Boulevard East Subdivision, Unit No. 1 , as being satisfactorily o5 completed. ; Notice of Completion - Bid Schedule No. 1349 a Recommend that Bid Schedule No. 1349, construction of Airport Frontage Road, between Airport Road and Meadow View Drive, be accepted as ,6o satisfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - Bid Schedule No. 1374 Recommend that Bid Schedule No. 1374, construction of portions of Alta ,?5-(-a Saga and Amanda Drive, be accepted as satisfactorily completed, and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Bid Schedule No. 1394 3 Recommend that Bid Schedule No. 1394, replacement of curb, gutter, and sidewalk at various locations throughout the City, be accepted as _3 =;-/ satisfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - Bid Schedule No. 1399 Recommend that Bid Schedule No. 1399, construction of Market/Calif- ornia Alley, from Eureka Way to Trinity Street, be accepted as sat- isfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. Agreement - Servicemaster Building Maintenance Recommend approval of a one year extension of an agreement with Servicemaster Building Maintenance, to provide janitorial services at a total cost of $5,551 per month for all City buildings as listed in Exhibit A of the Agreement. Resolution No. 82-115 - re Intention to Abate Property at 2669 Heather Recommend adoption of a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in 3 25 the City of Redding (owned by Echo Moran and located at 2669 Heather Lane) . Resolution No. 82-116 - re Intention to Abate Property at 1031 Bond St Recommend adoption of a resolution of the City Council of the City of Redding of intention to begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Arthur R. Steinbach and located at 1031 1 Bond Street) . 8/2/82 198 Resolution No. 82-117 - re Financial Consulting Services for Western Ranches Water Assessment District No. 1981-5 Recommend adoption of a resolution of the City Council of the City of Redding approving agreement for financial consulting services for 57 Western Ranches Water Assessment District No. 1981-5, with John Vande F Pol and Associates. Application for Card Room Permit - Ramrod Card Room Recommend approval of a Card Room Permit for Lewis Jerome Anderson, dba Ramrod Card Room, located at 2655 Bechelli Lane. All necessary fees have been paid for three tables and the conditions of the Plan- ning Director have been met. MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 82-115 , 82-116 , and 82-117 , are on file in the office of the City Clerk. BRANSTETTER/CEDARS SEWER ASSESSMENT DISTRICT With the concurrence of Council , this matter was taken out of sequence on the Agenda. (�0 The following documents were submitted to Special Bond Counsel Ness for filing and adoption: Engineer's Report Resolution - Accepting Report and Setting Hearing MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-118 be adopted, a resolution of the City Council of the City of Redding accepting report and setting protest hearing for 7:30 P.M. , September 7, 1982 , re Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 82-118 is on file in the office of the City Clerk. Resolution - re Construction Bids MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-119 be adopted, a resolution of the City Council of the City of Redding calling for construction bids to be received on August 24, 1982, re Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 82-119 is on file in the office of the City Clerk. Notice Inviting Sealed Bids Notice of Improvement 8/2/82 199 WRITTEN COMMUNICATIONS Letter from Robert Rehberg - re Extension of Wastewater Collection System A request was received from Robert A. Rehberg, asking for Council 's reconsideration of the question of access to the Redding Regional Wastewater System for residents between the current boundary of ��� Redding and Keswick Lake. Mr. Rehberg felt that circumstances have 5 changed which would warrant reconsideration of the matter. He asked that the matter be referred to staff for review and recommendation after considering additional information which he would like to present to them. Councilman Pugh suggested that the request be considered only from the 1 standpoint of new or changed information. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton referring the request from Robert Rehberg regarding access to the Redding Regional Wastewater System, to staff for report and recommen- dation, and that only new or changed circumstances be considered. The Vote: Unanimous Ayes Letter from California Assemblyman Larry Stirling - re Changing State Budget Proceedings A letter was received from Assemblyman Larry Stirling asking for assistance regarding amending the current laws for finalizing the State budget. He said that city and county governments are required 9 to finalize their budgets before they know how much money they are slated to receive from the State. He asked that the City of Redding advise him the date by which it would like to see the State budget finished, including reasons for that specific date, the positive and negative aspects associated with the current law; the expected fiscal impact of the proposed change, the ways in which the new proposal might alleviate old problems; the ways in which it might create new - problems, particularly in the transition year. Mayor Gard said she feels it would be appropriate to send a letter to the State Legislature outlining the City' s problems in this regard. Assistant City Manager Courtney noted that State-controlled deadlines have been set but have not been abided by. With the concurrence of Council , Mr. Courtney was instructed to prepare a letter in response to Assemblyman Stirling' s letter dated July 20, 1982. Petition - re Formation of Assessment District from Property Owners 3 Fronting on Waverly Avenue A petition was submitted from property owners of property fronting on (,0/ Waverly Street within the City of Redding, requesting that assessment district proceedings be initiated for sanitary sewer improvements. With the concurrence of Council , Mayor Gard referred the petition to staff for report and recommendation. Request from Veterans Day Parade Committee - re Parade Route A letter was received from William McDaniel of the Veterans Day Parade Committee requesting approval of the Veterans Day Parade to be held on Saturday, November 6, 1982. The parade will organize on Center, Trinity, and California Streets north of Eureka Way, proceed to a A starting point at the intersection of Division and California Streets using the access under the overpass thus not crossing Eureka Way, proceeding southward along California Street to Sacramento Street. The parade will start at 10:00 A.M. and should conclude by 11 :00 A.M. and the route has been approved by the Chief of Police. 3 YC 1 1 8/2/82 200 1 r MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the Veterans Day Parade route for Saturday, November 6, 1982 , as hereinabove stated. The Vote: Unanimous Ayes ORDINANCE - re Rezoning Application RZ-3-82 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that full reading of Ordinance No. 1590 be waived and the City Attorney be [ instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Ordinance No. 1590 be adopted, an ordinance of the City Council of the City F /6/41 of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding i (RZ-3-82) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1590 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application PD-2-82 Councilman Pugh abstained from voting on this matter. i MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that full reading of Ordinance No. 1591 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Councilman Pugh abstaining Iq q MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1591 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (PD-2-82) . III i. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Ordinance No. 1591 is on file in the office of the City Clerk. AGREEMENT - re Advance Refund to City of Redding by M-S-R Assistant City Manager Courtney submitted a letter agreement between the M-S-R Public Power Agency, the Modesto Irrigation District, and the City of Redding. He stated that the agreement provides that the M-S-R will pay to the City of Redding an advance of Redding's proportionate share of the refund to be made by the El Paso Electric Company to the M-S-R pursuant to the Assignment Agreement dated December 1 , 1981 , and the Refund Agreement approved by the M-S-R Commission on July 8, 1982. ly �� Mr. Courtney indicated that the City received the payment in the amount of $1 ,500,000 on July 30, 1982 , and in order to avoid forfeiture of interest income, this letter agreement has been executed by the City Manager and the t check was deposited by the City Treasurer. It is requested that Council ratify this agreement which has been executed in advance by the City Manager. III MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick ratifying the Letter Agreement executed by the City Manager, between M-S-R 1 Public Power Agency, the Modesto Irrigation District, and the City of F Redding, which provides for an advance refund to the City of Redding by the El Paso Electric Company. The Vote: Unanimous Ayes 1 8/2/82 L _ 201 PLANNING COMMISSION RECOMMENDATION - re Municipal Airport Plan Planning and Community Development Director Perry advised that the Planning t Commission has recommended adoption of the Municipal Airport Area Plan. A copy of the recommended plan was submitted to Council and Mr. Perry noted 1 that Council previously received a copy of the final EIR. He stated that a III joint public hearing has been scheduled with the Anderson City Council and 4 the Board of Supervisors on August 25 , and it is his recommendation that IBJ Council hold a study session on the plan prior to that hearing. 4 1 It was agreed by Council Members that a study session would be held at 12 Noon on August 17 , 1982, in the City Hall Conference Room. RESOLUTION - re Application of Roberti Z'Berg Bond Act Grant Allocation Planning and Community Development Director Perry submitted a letter from the State Department of Parks and Recreation advising the City that it will receive $5 ,026 during 1982-83 under the Roberti-Z'berg Block Grant Program. The City is eligible for these entitlement funds as a result of becoming a i "Standard Metropolitan Statistical Area" with the 1980 Census. 1 It is the recommendation of staff that Council adopt a resolution authoriz- ing application for the money to be used in Caldwell Park and designating the City Manager as the City' s official representative. O , MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 82-120 be adopted, a resolution of the City Council of the City of Redding approving application for grant funds for Caldwell Park project under Roberti-Z'berg Urban Open Space and Recreation Program, and , authorizing City Manager to execute such application on behalf of the City. Voting was as follows: Ayes : Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard III Noes: Council Members - None Absent: Council Members - None Resolution No. 82-120 is on file in the office of the City Clerk. REQUEST FOR INCLUSION WITHIN SPHERE-OF-INFLUENCE - Paul Stratte Planning and Community Development Director Perry stated that when the City t. Council recommended a sphere-of-influence line to the Local Agency Forma- tion Commission on March 15, 1982, no action was taken on requests by owners of approximately 240 acres lying south of South Bonnyview Road and between the Sacramento River and Interstate 5 for inclusion within the line. Instead, Council directed staff to meet with representatives of the applicants to discuss their plans and to bring the owners ' requests back to the Council . Mr. Perry submitted two letters to Council requesting inclu- //d d sion, as well as correspondence between the applicants' attorney and the staff since March, and a map depicting the location of the property. The Planning Director advised that the properties consist of approximately 240 acres, of which 173 acres is not subject to flooding by a 100 year flood. Access to the properties is via Sunnyhill Lane, a two-lane road extending south from South Bonnyview and it is hoped that Sunnyhill will be relocated to opposite Bechelli Lane in the future. Mr. Perry noted that if urbanized, secondary access would have to be obtained from Smith Road to the South. The properties are outside the Regional Wastewater Treatment Plan Service area. p III Mr. Perry pointed out that the issue of whether Churn Creek Bottom should d or should not be included within the City' s Sphere of Influence was dis- cussed at some length by both the City Council and the Planning Commission. 1 He said that the consensus after that discussion was that the City should j not extend into Churn Creek Bottom and staff sees no reason to change that i decision at this point in time. 1 I s t m 1 i 8/2/82 1 o 202 Mr. Charles Bell , attorney representing the applicant, stated that it is their desire at this time to obtain the inclusion of this property into the City' s sphere-of-influence, with the intention that a General Plan amend- ` ment and annexation proposal would be presented thereafter. He said their ` proposal includes the dedication of approximately 3/4 mile of river front- age to the City. Mr. Bell explained that, if Council agrees to include the r property, it is their intention to go forward with engineering and other III studies necessary to do a full EIR on the project. He explained that some of the property is currently being used for cultivating strawberries but this as well as other agricultural uses is becoming uneconomical , for the r top 2/3 of the property. He noted that there is more dispute about the feasible uses for the Churn Creek land than there has been in 1977 when the County Plan was adopted, and added that there has been some inclusion of Churn Creek land by the City . Mr. Bell said that the Draft Sedway/Cooke r Plan recognizes this as a development corridor. Mayor Gard stressed that the precedent for river-front dedication has been very strongly established by the City as a requirement for development. She also noted that this area has Class I agricultural soil . Mrs. Gard stated that the Draft Sedway-Cooke Plan honors the County's Churn Creek r Bottom Plan, and no major changes have occurred. Councilman Pugh said he still has some concerns about the area being outside the Regional Wastewater Treatment Plant. He also noted that the terrain is such that providing City services to the area would be very involved. Councilman Kirkpatrick stated that Council has discussed at length the reasons for excluding the "bulb" , or Churn Creek Bottom area, from the City' s sphere-of-influence boundary. fCouncilman Fulton felt that the present owners will probably sell in fiveIII acre parcels which could be retained as agricultural use. Councilman Demsher indicated that the he likes the idea of getting the river front property for the public interest. However, the City's relationship with the County and it is the County's intent to protect the area. He said the area will probably be more urbanized in the future. Mr. Demsher stated that any discussions regarding its development should be with the County. Mayor Gard noted that she has concerns about the County removing the "Habitat Resources Area" designation from the area. Councilman Pugh felt that if the Stratte property is included then the whole bulb area should be included, which would involve providing City services to the entire area. Councilman Demsher noted that if the City embarked on a program to annex the entire Churn Creek Bottom area, it would encounter significant opposi- tion. i MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Council decline to include the High-Low Nursery and Dr. and Mrs . Paul Stratte properties in the City' s sphere-of-influence. 1. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and GardIII Noes: Council Members - Fulton Absent: Council Members - None I. r 8/2/82 F 203 PUBLIC HEARING - re Report and Account of Cost of Abatement and Demolition of Structures owned by Richard J. and Catherine J. Lucido, 2641 Oxford Road. The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re report and account of cost of abatement and demolition of structures owned by Richard J. and Catherine J. Lucido, 2641 Oxford 1 Road. 1 The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Affidavit of Mailing - 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. City Attorney Hays advised that the total cost of this abatement 1 proceeding, amended by adding the cost of work completed by the City of Redding Water Department at $363.37, is the sum of $2,198.37. It is recommended that Council approve and confirm this report by the adoption of a resolution. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh 1 that Resolution No. 82-121 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the Lucido property, 2641 Oxford Road. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 82-121 is on file in the office of the City Clerk. PUBLIC HEARING - re Amended Report and Account of Cost of Abatement, Unsafe and Unsightly Building on property at 819 West Street, owned by Larry D. Overman. The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re the amended report and account of cost of abatement, for the unsafe and unsightly building on property at 819 West Street, owned by Larry D. Overman. The following documents are on file in the office of the City Clerk: 1 Q Affidavit of Posting - Notice of Public Hearing Affidavit of Mailing - 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. ti City Attorney Hays advised that the total cost of this abatement proceeding, amended by adding the cost of work completed by the City of Redding Water Department at $59.61 , is the sum of $1 ,444.61 . 9 4 A 8/2/82 204 It is recommended that Council approve and confirm this report by the adoption of resolution. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 82-122 be adopted, a resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the overman property, 819 West Street. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 82-122 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Tentative Subdivision Map, S-22-81 , Woodside Park Subdivision The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re the appeal of Tentative Subdivision Map, S-22-81 , Woodside Park, subdivision submitted by William Huggit. 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. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July 29, 1982 , which is incorporated herein be reference. He stated that this is the second hearing on the appeal of the tentative subdivision map for Woodside Park. He reviewed the action of Council on April 5 , which upheld an appeal and asked the developer to submit a revised map to the Planning Commission, with the knoll area to remain undeveloped. The appeal by adjacent property owners concerned development on the knoll at the southeast end of the property. To comply with the action taken by Council , Mr. Perry explained that the applicant submitted a revised tentative map, which deleted from the project Lots 53 , 54, 55, 56, 57, 58, 59 , and 60, or eight lots. The applicant also advised staff that he did not wish to relocate any of the lots within the existing limits, of the subdivision due to the integrity of the present tentative ma . Mr. Perry advised that the applicant also requested amendment of the tentative map to delete Lot 1 and to relocate Lot 2 to a different location in order to make this area available for a future planned development being prepared for the balance of the property. Mr. Perry advised that on June 8, 1982 , the Planning Commission voted to recommend that the map remain as originally approved by the Commis- sion and took no action on the amendment request. The general feeling of the Commission was that the map as approved by the Commission, was entirely consistent with past City actions and requirements for dedication of open space. The Commission also felt that the issues raised before the Council had been addressed by the Commission when it 8/2/82 205 approved the map on February 23, 1982. Mr. Perry explained that if Council does not wish to modify its earlier action, then the area of the knoll needs to be delineated. Mr. Perry explained that the applicant is now seeking judicial relief to overturn Council ' s decision of April 5, 1982; thus, the delineation of the knoll area may determine what the suit covers. Maps of the area were posted and shown on the Vu Graph. Several options were presented showing how the knoll could be delineated. City Attorney Hays indicated that if the Court decided in favor of the developer, it could instruct the City Clerk to file the tentative map g as approved by the Planning Commission. Jim Fisher, 1721 Court Street, attorney for the developer, stated a suit has been filed against the City of Redding regarding development of the 18 acres on the knoll area of the property. He noted that the area has been zoned two units per acre on the General Plan. Mr. Fisher felt that the only support for the argument of the property owners is that Council tentatively required the developer of the previous map, Golden Heights, to dedicate this area. He emphasized that the .Planning Commission has approved development of this area. Mr. Fisher explained that Woodside Park is a "high in" subdivision, with large lots which are designed to fit into the hilly terrain. He stressed that relocating 10 lots within the subdivision would destroy the integrity of the project. He noted that it is an entirely differ- ent type of subdivision than the Golden Heights Subdivision. ' 1 Mr. Fisher stated that all environmental and other concerns have been satisfied. He said that some property owners contend that they relied on the greenbelt area remaining undeveloped when they purchased their homes on Panorama Drive. Mr. Fisher emphasized that the tentative map showing this area as a greenbelt was never finalized and he feels it is unrealistic for surrounding property owners to expect that it remain undeveloped. He felt the appeal is unjustified under the circumstances. Mr. Fisher stated that the concerns for riparian habitat have not only been mitigated but enhanced. He said that all requirements for the map have been met and it is consistent with the General Plan. He emphasized that the obvious choice is that Council approve development of the 18 acres as originally approved by the Planning Commission, with the conditions as listed. 4 Steven Dean, 1716 Court Street, attorney representing the appellants, stated that prior to 1979, the knoll area was designated as greenbelt G on the General Plan. He added that after the tentative approval of the Golden Heights Subdivision, property owners felt that the knoll would remain undeveloped and proceeded accordingly. Mr. Dean reviewed some of the previous hearings for this area and said that Highland Estates was considered on the same night as Golden Heights and it was determined at that time that the canyon area was to remain intact. He said that all property owners have been taking actions based upon the 4 idea that the area was going to remain as open space. Mr. Dean said that water quality in Sulphur Creek, the fire hazard, and aesthetics are concerns of the property owners. He pointed out that EIR-5-79 was not an EIR for this specific development but was only recertified for the project and that some of the issues were not completely addressed. He felt that the runoff from the homes on the knoll would create a natural flume into the Creek, bringing insecticides , fertilizers, etc. into Sulphur Creek. He cited the five percent grade of the street 8/2/82 206 r i C running both ways. Mr. Dean emphasized the fire hazard on the E cul-de-sac street. He said this leaves only one exit in a high fire F hazard area, for residents to exit as fire trucks are trying to enter the area; that houses there would restrict the use of aircraft from fire fighting. He repeated that the knoll should remain as open space as originally intended and asked that Council reaffirm its previous decision to uphold the appeal . Mr. Dean stated that he concurs with the staff recommendation that the knoll consists of the area south of Lot 63. III Scott Thompson, 3077 Panorama Drive, stated he is a concerned home owner and it was his assumption that the knoll area would remain as open space. He agrees with the dedication of the knoll area south of tLot 63. Mr. Thompson said he has continued to invest in his property based on that area remaining open space. s" Howard Schlemmer, 3065 Panorama Drive, said he purchased his property } after the Golden Heights Subdivision was approved and has increased i his investment based on that approval . He feels the integrity of the canyon should be maintained. Larry Wakefield, 3041 Panorama Drive, said he purchased his home in 1980 and has spent several thousands of dollars improving his property based on Council previous decision to require dedication of the knoll . Bud Warren, 3091 Panorama Drive, said he opposes development of the E knoll area as it would break up the integrity of the area. He would like to see the knoll remain as open space. x r MOTION: Made by Councilman Demsher, seconded by Councilman 1 Kirkpatrick that the public hearing be closed. The Vote: Unanimous 1 AyesIII Mayor Gard said she attended all the public hearings in 1979. She pointed out that concerns such as water quality, fire hazard, and wildlife habitat were carefully considered at that time and the T dedication was required for good reason. Councilman Demsher recalled that dedication of the knoll area was the principal area of discussion at previous public hearings and was a compromise situation. Councilman Kirkpatrick agreed that Council probably left an area of doubt at its April 5 meeting by not defining the knoll precisely, but other than that, he feels no new information has been submitted. Mayor Gard reaffirmed that the issues are water quality, wildlife habitat, and fire hazard. She stressed that the fire hazard is a major concern. Councilman Pugh stated that one of the primary issues in regard to i. water quality and fire hazard was the matter of the access route. He i said the Planning Commission has said that the route has been changed and has mitigated these problems; however,he still has concerns about [ grading and extension of the road into the open space area. Councilman Demsher felt that considering all the discussions beginningIII F with the General Plan amendment to the present time, a decision was made to require the knoll to remain as open space and that decision should remain intact. He acknowledged, however, that Council was not precisely clear about the exact location of the knoll . P f L k 8/2/82 207 Councilman Kirkpatrick reiterated that his definition of the knoll would be the staff's recommendation of the area south of Lot 63. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton reaffirming its decision of April 5, 1982, and determining that the limit of the knoll area as presented in the staff recommendation, is 111 the area south of Lot 63, and that said knoll area will be dedicated to the City of Redding, and approving the amended map subject to the following findings: In accordance with the Government Code of the State of California , the City Council finds and declares that, as set forth in Government Code Section 66474, 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; and that the tentative map be approved subject to the 35 conditions of approval . Further, in accordance with Section 1508 of the Public Resources Code, the City Council find and declare changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the Final Environmental Impact Report EIR-5-79. In addition, the following findings are made: A 1 . The development of less than 111 units in the subdivision is at the request of the developer. 2. The reasons for requiring dedication of the knoll area are: a. Its relationship to other existing and proposed dedications. b. The proximity of the knoll to Sulphur Creek, the potential for sedimentation and degradation of water quality in the Creek, and the resultant impact on riparian habitat and the Bella Vista Water District as a product of clearing, road construction, increased run-off, insecticides and ferti- lizers. c. The additional street length required to serve the knoll area for the number of lots involved will increase main- tenance and services cost for the City due to additional street and utility lengths and additional driving distances. d. The lots proposed for development on the knoll can be relocated to the main area of the subdivision without affecting the overall integrity of the tentative map nor reducing the total number of lots requested; thereby, minimizing the above concerns. 3. The restriction on a cul-de-sac length is a mitigative measure as identified in the final EIR on Page 38 under Wildland Fire Hazards. 4. The knoll area is not physically suitable for the proposed type and density of development. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None 8/2/82 208 Council Members concurred that it is their position that because of ! the nature of the adverse conditions which have been recognized, the r knoll area cannot be developed. Mr. Perry clarified that Council Members agree that they would allow the relocation of the 10 lots from the knoll elsewhere within the F subdivision. III PUBLIC HEARING - re Rezoning Application RZ-2-82, by Ben Mattox Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-2-82, by Ben Mattox. The following documents are on file in the office of the City Clerk: r Affidavit of Publication - Notice of Public Hearing 1 Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated July 29, 1982 The City Clerk advised that no written protests have been received and t Mayor Gard ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July 29, 1982. He stated that the Planning Commission has unanimously recommended rezoning of two lots totaling ILiLi approximately 21 ,000 square feet located on the south side of Shasta Street just east of the railroad tracks, from C-4 Retail Core Commer- t cial District to C-3 Heavy Commercial and Light Industrial District. Maps of the area were shown on the Vu Graph and Council was given a copy of the draft negative declaration. III Mr. Perry advised that the requested rezoning is consistent with the cGeneral Plan designation and also consistent with the existing uses being made of the property. z It is the recommendation of both the Planning Commission and staff that the area be rezoned from C-4 to C-3-F, with the site-plan-review criteria listed below: 1 . All street frontages shall be landscaped with a five-foot-wide planter, except for driveway curb cuts. f o 2. All utilities are to be located underground for any new develop- ment. 3. The property shall be limited to two driveways on Shasta Street. It is further recommended that the negative declaration be ratified 1 and an ordinance be offered for first reading. i MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes with kCouncilman Pugh abstaining r a MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-2-82: III 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 1 i.i- i F Co 8/2/82 209 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administrative Review on June 9, 1982. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the recommendation of the Planning Commission as hereinabove stated re Rezoning Application RZ-2-82. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilman Fulton offered Ordinance No. 1592 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 (RZ-2-82) . PUBLIC HEARING - Rezoning Application RZ-5-82, by City of Redding, Cascade Area The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-5-82, by City of Redding, Cascade Area. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing 4 Affidavit of Mailing - Notice of Public Hearing 7 V Planning Commission Recommendation dated July 29, 1982 / 7 4 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- randum to Council dated July 29, 1982. He stated that the Planning Commission has unanimously recommended the rezoning of two small pockets of residentially developed property in the Cascade Area. The first area consists of the Waverly Subdivision and property adjacent to the north side of Ely Lane and is proposed to be rezoned from U Unclassified District to R1-B2 and Rl-B10 Single Family Residential Districts. The second area is generally located adjacent to and north of Star Drive, east of Eastside Road, and south and west of Olney Creek and is proposed to be rezoned from U Unclassified District to Rl-Bl and R1-B10 Single Family Residential Districts. Maps of the area were shown on the Vu Graph. It is the recommendation of both the Planning Commission and the staff that the area be rezoned as outlined, that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council makes the following findings re Rezoning Appli- cation RZ-5-82, by City of Redding: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 1 8/2/82 210 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administrative Review on June 16, 1982. The Vote: Unanimous Ayes L MOTION: Made by Councilman Kirkpatrick, seconded by Councilman III /' Demsher approving the recommendation of the Planning Commission and staff as hereinabove stated • re Rezoning Application RZ-5-82, by City of Redding. The Vote: Unanimous Ayes Councilman ,Kirkpatrick offered Ordinance No. 1593 for first reading, 9 an ordinance of the City Council of the City of Redding amending k Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-5-82) . PUBLIC HEARING - re Rezoning Application PD-3-82, by Irvin Scarbrough and 7 Henry Eckleman Councilman Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Rezoning Application PD-3-82, by Irvin Scarbrough and Henry Eckleman. i.7 The following documents are on file in the office of the City Clerk: E Affidavit of Publication - Notice of Public Hearing { Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated July 29, 1982 f The City Clerk advised that no written protests have been received andIII f/ the Mayor ascertained that there were no protests from the floor. J ��i Planning and Community Development Director Perry reviewed his memo- randum to Council dated July 29, 1982. He stated that the Planning Commission has unanimously recommended approval of PD-3-82, a proposal to create a 116-unit planned development on 30.2 acres located north of Girvan Road and west of Olney Creek. A map of the area was shown on the Vu Graph. Mr. Perry advised that the environmental review of the Lockwood Subdivisions , which are located on the same site as this project, consisted of EIR-2-78, prepared as a supplemental environmental impact report for the Cascade Neighborhood Plan. Due to the similar impacts of the planned development, Mr. Perry noted that the Board of Adminis- trative Review recommended that EIR-2-78 be recertified for this project. r It is the recommendation of the Planning Commission and staff that the rezoning be approved as recommended and that an ordinance be offered for first reading. It is further recommended that certain findings be made in accordance with the Government Code of the State of California, that the in-lieu park fee be waived for lots backing onto the area dedicated along Olney Creek and that the EIR be recertified. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman FultonIII i that the public hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff re Rezoning Application PD-3-82; and, in accordance with the r i- t r 8/2/82 211 Government Code of the State of California, the City Council finds and declares that, as set forth in Government Code Section 66474, 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; and, in accordance with Section 18.18.36.050 of the Redding City Code, Council makes the following findings: 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 compatible with adjoining development. 3. That there are no unmitigated substantial adverse environmental impacts. 4. That the development shall conform with the goals and objectives of the General Plan. 5. That the development accomplishes the objectives of the "PD" District; ; and, further that the in-lieu park fee be waived for lots backing onto the area dedicated along Olney Creek and that, in accordance with 1 15088 of the Guidelines for the California Environmental Quality Act, the City Council find that changes or alternatives have been incor- porated into the project, which mitigate or avoid the significant environmental effect thereof as identified in the final EIR. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilman Kirkpatrick offered Ordinance No. 1594 for first reading, an ordinance of the City Council of the City of Redding amending 7 Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (PD-3-82). A SET PUBLIC HEARING - re Request by Shasta Lake Union Elementary School District re Findings of Overcrowding Planning and Community Development Director Perry advised that the Shasta Lake Union Elementary School District has filed findings of overcrowding with the City and it is the recommendation of staff that a public hearing be set for 7:30 P.M. , September 7, 1982 , to consider the findings. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that a public hearing be set for 7:30 P.M. , September 7 , 1982, re findings of overcrowding in Shasta Lake Union Elementary School District. The Vote: Unanimous Ayes MEMORANDUM OF UNDERSTANDING - International Fire Fighters Association AFL-CIO Personnel Officer Bristow submitted the Memorandum of Understanding between the City of Redding and the International Fire Fighters Association AFL-CIO, and briefly reviewed the highlights of the memorandum. He recom- 3 g)• mended its approval . MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the Memorandum of Understanding between the City of Redding and the Inter- national Fire Fighters Association AFL-CIO, as submitted. The Vote: Unanimous Ayes 4 i r x 8/2/82 212 MEMORANDUM OF UNDERSTANDING - Peace Officers Association of Redding Personnel Officer Bristow submitted the Memorandum of Understanding between the City of Redding and the Peace Officers Association of Redding, and briefly reviewed the highlights of the memorandum. He recommended its approval . 7 r MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving III the Memorandum of Understanding between the City of Redding and the Peace Officers Association of Redding, as submitted. The Vote: Unanimous Ayes Councilman Pugh thanked the Personnel Officer, the City Manager and staff of the Police and Fire Departments for their cooperative efforts on these ?• agreements. Mr. Brickwood noted that Assistant City Manager Courtney t should also be added to that list. } PUBLIC WORKS PLANNING REPORTS - August 1982 r Public Works Director Arness submitted the Public Works Planning Reports /6 for August 1982. AWARD OF CONTRACT - Regional Sewerage Study, Stillwater Drainage Area Councilman Kirkpatrick abstained from voting on this matter. Public Works Director Arness submitted the Contract between Ott Water Engineers , Inc. and the City of Redding, acting as the contracting agency, �` in a fixed fee amount of $84,410. x It is the recommendation of the Public Works Director that the Mayor be authorized to execute the Contract. 3 MOTION: Made by Councilman Demsher, seconded by Councilman Pugh authoriz- ing the Mayor to execute the Contract between Ott Water Engineers, Inc. , and the City of Redding, for the preparation of the Regional Sewerage Study, Stillwater Drainage Area, in the amount of $84,410. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining III Mr. Arness noted that a meeting is scheduled for 3:30 P.M. , August 9, in the City Hall Conference Room to meet the consultant and the fiscal consul- tant, and all agencies involved in the Stillwater Drainage Area are invited to that meeting. 1982 MASTER WATER PLAN Public Works Director Arness presented the 1982 Master Water Plan prepared by PACE Engineering under contract with the City. He noted that the plan is being presented for review and it is recommended that the Plan be 3 3`7/i adopted at the City Council Meeting of August 16. NOTICE OF COMPLETION - Bid Schedule No. 1379 Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1379, Installation of Engine-Generator Set at Pump- -3 3 7 house No. 3, be accepted as satisfactorily completed and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes with Councilman Pugh abstaining ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: i Salido' s Pizza-Deli (Robert & Ginger Salido and Gloria and Douglas Huffman) III 2945 Churn Creek Road Straw Hat Pizza (Pizza Palace, Inc. ) 2495 Athens Avenue 1 r C 8/2/82 213 Italian Cottage Restaurant (Berton & Judy Katz) 1630 Hilltop Drive Civil Aeronautics Board: Order Seeking Carrier Proposals 7 Shasta-Cascade Wonderland Association: Publicity 4 ADJOURNMENT There being no further business, at the hour of 8:50 P.M. , Mayor Gard J declared the meeting adjourned. s APPROVED: 1 i I / $t... ♦ ►=_ i//_ , 1.. `l 1 . ..... .yor ATTEST: Y Cie ,� e..z. 1 City Clerk d a i 1 4.. i I l' i 1' i 1 3 c 4 i 4 1 i 1 J ti 1 1 8/2/82