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HomeMy WebLinkAboutMinutes - City Council - 1982-10-18 288 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California October 18, 1982 7:00 P.M. The Pledge of Allegiance to the Flag was led by Senior Associate Planner Keaney. The invocation was offered by Pastor Monroe Broadway of the First Southern Baptist Church. The meeting was called to order by Vice Mayor Pugh with the following Council Members present: Demsher, Fulton, Kirkpatrick, and Pugh. Council Members absent: Mayor Gard Also present were City Manager Brickwood, City Attorney Hays, Public Works Director Arness , Electric Director Lindley, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Senior Associate Planner Keaney, Airports Manager Woodrum, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of October 4, 1982 Approval of Payroll and Accounts Payable Registers - Recommend that /_ L // 2 Accounts Payable Register No. 8, check nos. 87122 through 87289 inclusive, in the amount of $820,201 .64, be approved and paid, and Payroll Register No. 8, check nos. 166446 through 167016 inclusive, in IO the amount of $420,202.43, for the period September 26, 1982 through October 9, 1982, be approved. Total : $1 ,240.404.07 Treasurer's Report - August 31 , 1982 6- /30- /SO Treasurer's Total Accountability - $11 ,234,304.55 1 Request for Purchase - Used Vehicles for Electric Department C'-OHO—/00 Recommend Council approval to purchase two used vehicles not to be used for Public Works projects, from the Hertz Corporation in the amount of 1 `f3 $9,752.00, including sales tax. Resolution No. 82-170 - re Traffic Control Systemization �-/00-/70 7170tie- 00 • Recommend adoption of Resolution No. 82-170, a resolution of the City Council of the City of Redding authorizing the City Manager to sign necessary documents for the City of Redding Traffic Control //3 Systemization Program Grant. Set Public Hearing - Rezoning Application RZ-12-82 Recommend that a public hearing be set for 7:30 P.M. , November 15, I/LI 1982 , to consider Rezoning Application RZ-12-82, by City of Redding. Set Public Hearing - Rezoning Application RZ-13-82 ,C -0/0 Recommend that a public hearing be set for 7:30 P.M. , November 15, 1982, to consider Rezoning Application RZ-13-82, by City of Redding. Set Public Hearing - Rezoning Application RZ-14-82 Recommend that a public hearing be set for 7:30 P.M. , November 15, 1982 , to consider Rezoning Application RZ-14-82, by City of Redding. P 10/18/82 289 Resolution No. 82-171 - re Abandonment Application A-5-82 /-O --/O O 4 /O Recommend adoption of Resolution No. 82-171 , a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon unimproved right of way of Sonoma Street, Schley Avenue and West Street Adjacent to the property located at 1905 Sonoma Street, 111 (A-5-82) , and setting a public hearing for 7:30 P.M. , December 6 , 1982. Resolution No. 82-172 - Commencing Annexation Proceedings re Annexa- 1 tion Request No. 80-5 - Westwood Manor ,41-7/ __//1 Recommend adoption of Resolution No. 82-172, a resolution of the City Council of the City of Redding consenting to commencement of annexa- tion proceedings and applying to LAFCO for approval of the annexation to the City of Redding of inhabited territory designated "City of Redding Annexation No. 80-5" (Westwood Manor Area) . If is further recommended that the Westwood Manor Annexation be referred to the Public Works Department to initiate assessment proceedings to acquire the Pinal Water Company and to request juris- diction from the County. Resolution No. 82-173 - re State Deferred Payment Rehab Program g-/O- v _o Recommend adoption of Resolution No. 82-173, a resolution of the City Council of the City of Redding authorizing the execution of a standard j 7 agreement and other documents to secure a commitment of funds from the Deferred Payment Rehabilitation Loan Program of the State of California. Resolution No. 82-174 - re Street Name Change of Old Highway 99 . -d7.0--2-30 Recommend adoption of Resolution No. 82-173, a resolution of the City 4,2/ 111 Council of the City of Redding renaming a certain street in the City of Redding from Old Highway 99 to "North Boulder Drive" . f Notice of Completion - Improvements of Portion of Mistletoe Lane 6-6/Zi4)-G 2 O Recommend that Bid Schedule No. 1407, improvements of Mistletoe Lanes-07 , ; adjacent to Mistletoe School , be accepted as satisfactorily completed, A and that the City Clerk be instructed to file a Notice of Completion. .Aai gra V-4B-i-dr-aentei prise Wells 3A and 6A z-o J_ ',1O q0- Recommend that Bid Schedule No. 1410, construction of Enterprise Well � Numbers 3A and 6A, be awarded to The Water Development Corporation on its low bid in the amount of $110,140. S Contract - re Design and Inspection of Enterprise Wells 3A and 6A Go-.v 3c-7so_mcl Recommend that the Mayor be authorized to sign a contract for pro- fessional services with Lawrence & Associates, Engineering Geologists, -=_53c /r) to provide design and inspection services for the redrilling of Enterprise Well Numbers 3A and 6A, in an amount not to exceed $7,940. Grant Deed - to Gasamat re Hartnell Avenue Extension Recommend that certain property indicated on "Exhibit A" of the Grant Deed be declared surplus property; and that the Mayor be authorized to 6 execute a Grant Deed transferring the property to Gasamat, Inc. , in exchange for parcels given by Gasamat to the City to accomplish the corner rounding and the new alignment of Henderson Road. 2-o 70-- 200 Resolution No. 82-175 - re CCPA Geysers Acreage Project Agreement Recommend adoption of Resolution No. 82-175, a resolution of the City Lf %' Council of the City of Redding authorizing the Mayor and the City /� Clerk of the City of Redding to sign the Central California Power Agency's Geysers Acreage Project Agreement. 10/18/82 290 i i 4 L r MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick 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, and Pugh } Noes: Council Members - None Absent: Council Members - Gard IIIF i Resolution Numbers 82-170, 82-171 , 82-172, 82-173, 82-174, and 82-175 are t: on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request from M H S Properties - re Designation of Parking Spaces for the Handicapped -0,0-?50 -0,52 Vice Mayor Pugh indicated that he must abstain from voting on this sfmatter, and therefore relinquished the gavel to Council Member Demsher j)317 for consideration of this request. A communication was received from M H S Properties , owner of the Redding Waterbed Building, 1537-1557 Pine Street, requesting that the City designate two parking spaces in front of the building, or one in front and a second space in the near vicinity of the building, as parking spaces for the handicapped. Councilman Demsher recommended that this request be referred to the X Traffic and Parking Commission for their recommendation to Council . MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the request from M H S Properties re the designation of parking t spaces for the handicapped at 1537-1557 Pine Street, be referred to the Traffic and Parking Commission for report and recommendation. The Vote: Unanimous Ayes with Vice Mayor Pugh abstainingIII BRANSTETTER/CEDARS SEWER ASSESSMENT DISTRICT NO. 1982-2 /9--/70..../6 _6) 7,..6-- r Special Bond Council Sperry submitted documents for filing and adoption relative to the Branstetter/Cedars Sewer Assessment District No. 1982-2. He noted that the sale of bonds had just been completed today and the terms V`I are very favorable. Mr. Sperry explained that the documents did not arrive by express mail as expected, but would be attached to the Resolution Ordering the Sale of Bonds as soon as they arrive. He briefly explained the terms of the sale. The following documents were submitted for filing and adoption: Paid and Unpaid List E Resolution - Determining Assessments Remaining Unpaid MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-176 be adopted, a resolution of the City Council of the City of Redding determining assessments remaining unpaid in the Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 82-176 is on file in the office of the City Clerk. III Resolution - Ordering Sale of Bonds MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-177 be adopted, a resolution of the City Council of the 10/18/82 291 City of Redding ordering the sale of bonds in Branstetter/Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 82-177 is on file in the office of the City Clerk. Resolution - Appointing Bank of America as Paying Agent MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-178 be adopted, a resolution of the City Council of the City of Redding appointing Bank of America as paying agent in Branstetter/- Cedars Sewer Assessment District No. 1982-2. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 82-178 is on file in the office of the City Clerk. Negative Declaration MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council makes the following findings re Branstetter/Cedars Sewer Assessment District No. 1982-2: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administrative Review on May 19, 1982. The Vote: Unanimous Ayes Resolution - Awarding Construction Contract .g,6).60 -420 fff--(7a- /00 -075 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Resolution No. 82-179 be adopted, a resolution of the City Council of the City of Redding awarding the construction contract in Branstetter/Cedars Sewer Assessment District No. 1982-2 to Drumm Construction Company. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Resolution No. 82-179 is on file in the office of the City Clerk. Notice of Award of Contract PROCLAMATION - re Shasta Blood Center Day DSO— C1(P )—Co DC) Vice Mayor Pugh presented a proclamation on behalf of Mayor Gard and the i Redding City Council , proclaiming that October 23, 1982, be declared "Shasta Blood Center Day" , to celebrate the grand opening of the Irwin Memorial Blood Bank' s blood processing laboratory. Councilman Demsher concurred with the proclamation and noted that it is the City Council ' s policy that proclamations be executed only when they are clearly in the public interest of the City of Redding, such as for the Shasta Blood Center Day. 10/18/82 292 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving a proclamation declaring October 23, 1982 , "Shasta Blood Center Day" . The Vote: Unanimous Ayes ORDINANCE - Rezoning Application RZ-7-82 Z-0/62 ,2_30 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1600 be waived, and that the City I Attorney be instructed to scan same. The Vote: Unanimous Ayes �'1 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1600 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-7-82). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - None Absent: Council Members - Gard Ordinance No. 1600 is on file in the office of the City Clerk. REVENUE SHARING COMMITTEE ' : -11 - , _, ._ Councilman Fulton presented the report and recommendation of the Revenue Sharing Committee. He advised that the appropriate public hearings have been held and the Committee has considered all funding requests which were submitted in accordance with the timetable for the 1982-83 allocations. 25I A statement was submitted which indicates the amount of funds requested and the allocations recommended by the City of Redding Revenue Sharing Com- mittee. The total amount recommended to be allocated is $143,900 for the period which will end August 31 , 1983. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the report and recommendation of the Revenue Sharing Committee ( dated October 14, 1982. The Vote: Unanimous Ayes CITY MANAGER'S RETIREMENT -05p City Manager Brickwood formally presented to the City Council , his previously announced retirement. He informed Council that he will be retiring on December 29, 1982. Vice Mayor Pugh said that he is sorry to see this come about and he appreciates all the work Mr. Brickwood has done over the years as City IQ_I Manager. He recommended that the matter be referred to the Personnel Committee for their report back to Council . Mr. Pugh also expressed his appreciation for the advance notice given in order to give ample time to select a new City Manager. Mr. Pugh reiterated that the Mr. Brickwood' s service has been very beneficial to the community. Councilman Demsher agreed that Mr. Brickwood will be missed and expressed appreciation for the outstanding relationship the City Manager has had with the City Council and in helping to guide the City in such a fine manner. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting the retirement of City Manager Brickwood, effective December 29, 1982, and referring the matter of his replacement to the Personnel Com- mittee for report back to Council as soon as possible. The Vote: Unan- imous Ayes REQUEST FOR PURCHASE - Portable Type Vehicle Radios Vice Mayor Pugh abstained from voting on this matter and relinquished the gavel to Council Member Demsher. ,(�1- 61)- 175 750 10/18/82 293 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton 9 approving the purchase of portable type vehicle radio equipment from Repco G� 0 Communications, in the total amount of $6,099.04. The Vote: Unanimous Ayes with Vice Mayor Pugh abstaining ANIMAL PERMIT AP-2-82 - by Sunny Gonske 130 - 5140 City Manager Brickwood advised that an `Animal Permit requested by Mrs. Sunny Gonske, 4161 Alta Campo, was reviewed by the Board of Administrative Review on September 22 , 1982, and denial was recommended. Mrs. Gonske proposed to stable one horse on the rear one-fifth of her property, which is located in the Western Ranches area. The denial was based on strong objections by five property owners, two of which adjoin the Gonske prop- erty. The City Manager explained that the lots in this area are slightly larger than 3/4 acre in size, and horses as well as other animals have historically been kept in the Western Ranches area. Mr. Brickwood reported that the tract conditions permit the keeping of such animals as long as it is not for the purpose of sale or trade for profit. 7 Mr. Brickwood said he has reviewed the property and contacted Mrs. Gonske. He ascertained that the horse would be stabled at the extreme rear of her / lot and the stable would be approximately 83 feet from the dwelling to the north and the dwelling on the south would be about 75 feet from the grazing area. Mr. Brickwood explained that none of the areas adjoining the back of the Gonske property are used as daily living areas. Mr. Brickwood indicated that a petition has been received with 35 signa- tures and 39 letters have been received favoring issuance of the permit. Seven letters have been received in opposition to the permit. However, he noted that the majority of the people signing the petition are also the ones who sent letters. Mr. Brickwood stated that he has approved the permit for Mrs. Gonske, subject to the conditions as stated in the Animal Permit. It is the feeling of the City Manager and the Director of Planning that the matter of animals in this area should be handled by a zoning change. Mr. Brickwood further noted that the Planning Director concurs with approval of the permit based on the proposed zoning of the area and the past keeping of animals on various properties in the general area. The City manager noted that the neighbor to the north has removed his objection to the permit and that the advocates for the permit have now increased to 42. It is the recommendation of the City Manager that Council ratify the issuance of Animal Permit No. AP-2-82, for the period of one year beginning November 1 , 1982 , and according to the conditions as shown. Councilman Kirkpatrick asked about the time lines for zoning the area. He was advised that overall , it would take about 90 days to complete the zoning process. The audience was advised that this is not a public hearing; however, Council concurred to allow people to speak on this matter. Mr. Jack Dollard, 4227 Alta Campo Drive, opposed the issuance of the horse permit. He said he likes animals and has nothing against horses but feels the space is inadequate. He suggested deferring the permit until the zoning is determined. { Mr. Ralph Patterson, 4199 Alta Campo Drive, objects to the permit. He emphasized that the deed restrictions state that the keeping of animals shall not interfere with the peace, quiet, and enjoyment of the neighbor- hood. He said he was raised with horses and feels this an improper place 10/18/82 294 to keep and ride a horse. Mr. Patterson said that when he returned home after the Labor Day weekend, he discovered that a horse corral had been erected, without the benefit of a horse permit. He said that subsequently, the Board of Administrative Review unanimously recommended denial of the request for a horse permit. Subsequent to that action, the City Manager approved the permit, with no notification to the neighbors, according to Mr. Patterson. Mr. Patterson was concerned that this permit was rushed through prior to determination of the zoning. 111 Mr. Patterson objected to the flies and smell which would result from keeping a horse so close to his property and felt it would interfere with the peace and serenity he enjoys in his backyard. He said there is no precedent for keeping large animals on Alta Campo Drive. He recommended that Council deny the permit or defer consideration of the matter until the zoning is completed. Mrs. Sunny Gonske, 4161 Alta Campo Drive, said when she and her husband built the fence, she was not required to notify her neighbors. She said she has checked the CC and R' s and this type of use is allowed. Mrs. Gonske stated that residents on the block bought their properties with the understanding that they could have animals. She emphasized that this permit has not been "rushed through" , and in fact her building permit for the barn has been held up pending this approval . She stated that the Patterson' s could not see the horse from their house because of a six foot cedar fence between the two properties. Mrs. Gonske proceeded to state that there are trails and back roads on which she and her daughter ride their horse. She pointed out that they clean up after the horse each day after feeding and they have had no problems. Mrs. Gonske noted that the neighbors to the north, the Ochineros , have withdrawn their objection. [ Carl Richno, 4196 Alta Mesa, stated he lives just across the City/County line but is as close to the subject property as the Patterson' s. He felt that this decision will set a precedent for the entire area . He feels the lot sizes are sufficient and recommended approval of the permit. Mrs. Zona Patterson, 4199 Alta Campo Drive, stated that because of the distance involved, the horse will not bother them. However, she said that since the applicant allows her dog to run loose regardless of the leash laws, she fears that the horse will be treated irresponsibly also. Mrs. Patterson just does not want a horse in the neighborhood. Floyd Glessmeyer, 4050 Alta Campo, favored the permit and felt the size of the property was adequate. Kenneth Cazeneuve, 4022 Alta Campo, said he is not an animal lover, but he recommends approval of the permit. Councilman Kirkpatrick asked about the influence of this permit on the future zoning. Senior Associate Planner Keaney advised that it would be allowed regardless of the zoning, but only until it expires on November 1 , 1983. Councilman Demsher stated that these are the types of problems which are inherent with newly annexed areas. He pointed out that many people bought in Western Ranches so that they could have pets which are not appropriate on smaller lots. The deed restrictions stipulate that certain animals may be kept as long as they are not raised for profit. Vice Mayor Pugh clarified that CC and R's are a private matter and the City has nothing to do with enforcement or control . He added that if a neighbor 10/18/82 295 feels there is a nuisance, they have the right to bring a private civil action against the person causing the nuisance. Councilman Kirkpatrick pointed out that while Alta Mesa Drive is a new area to the City, Alta Campo is not and has been in the City for about six years. He also noted that Alta Mesa consists of one acre lots, while the subject area has 3/4 acre lots and this should be considered. Councilman Kirkpatrick felt the matter should be deferred until the Planning Commis- sion makes a recommendation on zoning the area. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton ratifying the City Manager's decision to approve Animal Permit No. AP-2-82 , by Sunny Gonske, and subject to the conditions set forth in the permit. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Pugh Noes: Council Members - Kirkpatrick Absent: Council Members - Gard PUBLIC HEARING - re Rezoning Application RZ-8-82, by City of Redding G -O/0- 230 The hour of 7:30 P.M. having arrived, Vice Mayor Pugh opened the public hearing re Rezoning Application RZ-8-82, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated October 13, 1982 The Deputy City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. )� i Senior Associate Planner Keaney reviewed the Planning Director's memorandum to staff dated October 13, 1982. He stated that the Planning Commission has recommended rezoning an area generally located east of and adjacent to East Bonnyview Road west of the Sacramento River and north of Nicolet Lane from U Unclassified District to R1-B1 , R1 -B10, R1 -B2 and R1 -B20 Single Family Residential Districts. A map of the area was shown on the Vu Graph and a copy of the negative declaration was submitted to Council . It is the recommendation of the Planning Commission and staff that the proposed rezoning be approved, that the negative declaration be ratified, and that 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 Fulton • approving the recommendation of the Planning Commission and staff re Rezoning Application RZ-8-82, by City of Redding. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-8-82, by City of Redding: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 10/18/82 296 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 September 21 , 1982. The Vote: Unanimous Ayes IF Councilman Kirkpatrick offered Ordinance No. 1601 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-8-82) . PUBLIC HEARING - re Rezoning Application RZ-9-82, by Frances Jensen -0 d — 1 c� The hour of 7:30 P.M. having arrived, Vice Mayor Pugh opened the public hearing re Rezoning Application RZ-9-82, by Frances Jensen. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated October 14, 1982 The Deputy City Clerk advised that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Senior Associate Planner Keaney reviewed the Planning Director's memorandum to Council dated October 14, 1982. He stated that the Planning Commission has recommended rezoning of property located at 2391 Placer Street from R-1 Single Family Residential District to RM-6 Multiple Family Residential District. A map of the area was shown on the Vu Graph and a copy of the negative declaration was submitted to Council . Mr. Keaney explained that by rezoning the property to RM-6, a total of five units with ten bedrooms would be permissible on the property. The stated intent of the applicant is to convert the existing large residence to a residential -care facility, which can occur with a use permit in the RM-6 zone, but is not permissible in the R-1 zone. It is the recommendation of the Planning Commission and staff that the area be rezoned from R-1 to RM-6, 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 In response to an inquiry from Councilman Fulton, Mr. Keaney explained that the broad definition of residential-care facility could include several types of facilities which give 24-hour care and are licensed by the State. It could include a home for the elderly, physically handicapped, wards of the state, etc. Mr. Keaney added that this type of facility would require a use permit. Councilman Fulton expressed the concern that this would constitute spot-zoning. Mr. Keaney indicated that with the open land and school property adjacent to the property, it is not totally single-family residential and added that it would be possible for other properties to request this type of zoning also. Mr. Keaney also advised Dr. Fulton that no neighbors have protested the rezoning. 10/18/82 297 Councilman Demsher felt that the building that exists on the property is not appropriate for a residential dwelling. He said the condition of the building is good and in view of the fact that there is a need for this type of care, he feels it is an appropriate use of the building. Councilman Demsher concurred with the recommendation of the Planning Commission. 111 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Commission and staff re Rezoning Application RZ-9-82, by Frances Jensen. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Council makes the following findings re Rezoning Application RZ-9-82 , by Frances Jensen: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administrative Review on September 1 , 1982. The Vote: Unanimous Ayes Councilman Demsher offered Ordinance No. 1602 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-9-82) . PUBLIC HEARING - re Upper Churn Creek Sewer Assessment District No. 1980-7 /7D-/00-�.SO The hour of 7:30 P.M. having arrived, Vice Mayor Pugh opened the protest hearing re Upper Churn Creek Sewer Assessment District No. 1980-7. The following documents are on file in the office of the City Clerk: Certificate of Filing - Boundary Map with County Recorder Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement Certificate of Publication - Notice of Improvement Certificate of Publication - Notice Inviting Sealed Bids The Deputy City Clerk advised that written protests have been received and are incorporated herein as follows: Robert and Doris Mix, Star Rt. , Box AP, Whitmore, CA W. V. Hanus, 65 Rose Lane, Redding, CA Joseph C and Caryn L. Rhoads, P. 0. Box 396, Redding, CA Charles & Shirley White, P. 0. Box 396, Redding, CA Roger and Meredith Parks, 1981 Theresa Lane Irene McCoy, 701 Leland Court, Redding , CA Walter and Eunice Kent, P. 0. Box 345, Redding, CA John D. Anderson, 2010 Twin View Blvd. , Redding, CA Donald S. Leja, 5635 Old Oasis Road, Redding, CA Dick Mitchell , 2210 Twin View Blvd. , Redding, CA Katherine Sherman, 5820 Oasis Court, Redding, CA Phillip A. Pearson, 5710 Old Oasis Road, Redding, CA Lewis J. Westlake, 2510 Eureka Way, Redding, CA • 10/18/82 298 Ernest Ostling, 2626 Russell Street, Redding, CA E. E. Gurlinger, 1168 Smith Lane, Redding, CA Juanita L. Schipper, 1285 OD Twin View Blvd. , Redding, CA Walter & Eunice Kent, P. 0. Box 345, Redding , CA Jack and Beverly Owens, 6098 Griffith Avenue, Marysville, CA Special Bond Counsel Sperry addressed Council regarding the subject assessment district and stated that there are several matters pertain- ing to these proceedings which are uncertain at this time. He said one key factor is the reimbursement agreement. He recommended that the assessments not be levied until that agreement has been completed, and that this hearing be continued to November 1 , 1982. Vice Mayor Pugh asked if Mr. Sperry is suggesting that Council proceed with the public hearing or continue the process before taking public testimony. Mr. Sperry stated that it would be up to the Council ' s discretion whether or not to continue the public hearing before hearing any protests , but he would suggest that those who wish to speak, be allowed to speak at this time. In addition to the written protests which are listed above and incor- porated herein by reference, the following comments were received from the floor: Robert Rehberg, attorney representing the Levenson' s, said he has concerns with the completion of the reimbursement agreement and the [ assessment spread. He concurred with Bond Counsel that the matter should be continued in order to allow more time to work out these problems. Mrs. Mable Hayes, 2601 Freebridge, stated she doesn't know whether she is protesting or agreeing because she is uncertain about the cost. She said she has a letter which indicates that her cost will be $16,000, but she feels this could not be correct. Mrs. Hayes was also uncertain about an easement across her property for this project. Associate Civil Engineer Hastings advised that the Engineer of Work will be contacting all affected property owners about their easements if they have not already been contacted. Vice Mayor Pugh emphasized that the Engineer of Work and City staff should attempt to contact the property owners regarding their written and verbal protests prior to the next public hearing. Public Works Director Arness advised that there is a detailed assessment district boundary map and construction drawings in his office and suggested that those who have questions come to City Hall and view the map for clarification. Mr. Mose Paragon, Old Oasis Road, said he has questions about the easement across his property and would like to find out more about it. Walter Kent, P. 0. Box 345, Redding, said he has some concerns but before he makes any further statement he would like to see what the engineers have to say. Meredith Parks, 1981 Theresa Lane, said she received a proposal in the mail which indicates that the sewer easement will be going through the middle of their property. She stressed that a water easement as well as a telephone easement already exists on her property. Ms. Parks 10/18/82 299 emphasized that she is protesting both the placement of the easement and the amount of the assessment. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick continuing the public hearing re Upper Churn Creek Sewer Assessment District No. 1980-7, to 7:30 P.M. , November 1 , 1982. The Vote: Unanimous Ayes The Public Works Director emphasized that the Public Works Department will answer any questions on this assessment district before the next public hearing. CONTINUED PUBLIC HEARING - re Appeal by Shasta Enterprises -o ya /oo ' he hour of 7:30 P.M. having arrived, Vice Mayor Pugh opened the continued public hearing re the appeal by Shasta Enterprises of the Airport Commission's Decision to deny a request for an airplane taxiway easement. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing Airports Manager Woodrum reviewed his memorandum to Council dated September 30, 1982. He stated that at its meeting of May 18, 1982, the Airports Commission reviewed the request by Shasta Enterprises for an easement to construct and use a taxiway connecting a 20 acre parcel Ij located between the west boundary of the north clear zone, on runway 16, and Airport Road. He explained that this parcel of land lays just north of the United States Forest Service property where the Service Center is located. Prior to the meeting, members of a committee appointed to investigate the request had visited the scene accompanied on at least one occasion by Mr. Jack Alward of Shasta Enterprises. Mr. Woodrum advised that the Chairman of the Committee reviewed the findings and stated there were several reasons why they felt the request should be disapproved. In summary the four basic concerns were as follows: 1 . Unacceptable hazards to safety in taxiing an aircraft through the future site of the combined USFS/CDF air tanker base. 2. Inability for the USFS to directly control persons , aircraft or vehicles taxiing through their assigned area of operations. 3. Communication difficulties during hectic fire supression missions. 4. Liability to the City. Mr. Woodrum also summarized some of the other concerns mentioned by the Committee. He explained that Mr. Alward suggested that the matter be delayed for a month and the delay was granted. The matter was discussed again on June 15, and denied. Mr. Woodrum proceeded to • state that the committee chairman, Dick Tews told Mr. Alward that they were not just denying a through-the-fence easement, out-of-hand, but because of the specific location of this particular easement. It is the recommendation of the Airports Manager that the Airports Commission be upheld and that a committee be appointed to research the question of through-the-fence taxiway easements. Mr. Tom Pestotnik, Forest Engineer, Shasta Trinity National Forest, • 10/18/82 300 USFS, reiterated the safety concerns of the USFS and its recommenda- tion for denial of the request. He explained their intention for expanding their air tanker base facilities. Mr. Jack White, of the California Department of Forestry, referenced the protest letters from the CDF which were submitted previously, and reemphasized their previous objections. Mr. Jack Alward, of Shasta Enterprises, stated the subject property has been sold to Mr. Bill Woods for a sign manufacturing business. He related that, through the efforts of the Redding Area Development Committee, escrow has been closed on the property even though the question of the taxiway easement was unsettled. Mr. Woods is very anxious for such an easement and is willing to condition its use in any way which will satisfy all agencies involved, such as limit its use to non-fire days or installing an electronically-controlled gate. Mr. Alward emphasized that the City has an opportunity to attract industry around the Airport by granting these types of easements. He said several City officials were very encouraging about granting this easement when it was originally discussed. Mr. Alward asked that a study committee be formed to research the question of taxiway ease- ments. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Councilman Kirkpatrick recognized the dangers of an easement in this particular location but was in favor of appointing a committee to study access to the Airport from all areas and to have a standard policy rather than considering each request point by point. Councilman Demsher also concurred that a committee should be formed; however, he pointed out that this particular request should be kept separate from the overall issue of access for the time being. He felt that the Airport Commission's recommendation was a good one for this specific case. Vice Mayor Pugh expressed concern that denying this request would preclude others from making similar requests. He pointed out that there is a substantial amount of industrial property around the airport and it may be very advantageous to supply the need for ease- ments such as this; however, he stressed that they would be financed strictly by private funds. Councilman Kirkpatrick indicated that his decision to vote to deny access to Shasta Enterprises is because of the location and the specific proposal as laid out. It was the opinion of Councilman Demsher that Council is in agreement that they wish to see the Airport develop industrially. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick to uphold the recommendation of the Airports Commission regarding the appeal by Shasta Enterprises for a airplane taxiway easement and that a committee be formed to study the question of private through-the-fence easements to the Redding Municipal Airport. The Vote: Unanimous Ayes Councilman Demsher suggested that Councilman Kirkpatrick chair the committee with members of the Airports Commission and staff. Council- man Kirkpatrick agreed. Mr. Pugh suggested that suggestions for committee members be submitted to the Mayor for her appointment. 10/18/82 301 TENTATIVE SUBDIVISION - S-6-82 , Waterfall Subdivision, by Dick Burton Council was advised that the Planning Commission has granted Dick Burton permission to divide 18 acres generally located west of Palisades Avenue 10 and north of the Sacramento River into 68 air-space condominium units. A map of the area was shown on the Vu Graph and Council was given a copy of III the conditions of approval . _S -/00- 7 - ' No action was required on this matter. TENTATIVE SUBDIVISION - S-22-81 , Woodside Park, by William Huggit Council was advised that the Planning Commission approved an amendment request to reduce the number of lots in Woodside Park Subdivision from 101 ID 0 to 100 and to construct a 45-space RV storage area in the northeast corner of the subdivision. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval . $_/ ó '_� No action was required on this matter. ORDINANCE - re Ambulance Driver License Provisions //-./062--()-30 City Attorney Hays submitted an ordinance which represents Code changes which bring the licensing language into a coordinated posture with the ambulance license issuance done by the State of California. He advised that this change was requested by the Ambulance Committee as a convenience 7. 35 to those who are performing the function as ambulance drivers. Councilman Demsher offered Ordinance No. 1603 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 6.08 of the Redding Municipal Code by modifying Sections 6.08.090 and 6.08.100, pertaining to ambulance regulations. III ORDINANCE - re Building Code Amendment e -// -2a0 4' (7-/1/47----;75 City Attorney Hays submitted an ordinance which represents an amendment to Section 16.08.020 of the Municipal Code. He stated that Subsection B which ,// was developed following discussions with the Building Official and the Fire /`I� Marshal , is designed to prevent multiple attic spaces in structures. The purpose is for both fire prevention and fire safety. Mr. Hays noted that architects favor this amendment and he intends to notify the Builders Exchange and other necessary agencies for their input prior to adoption of the ordinance. Councilman Demsher offered Ordinance No. 1604 for first reading, an ordi- nance of the City Council of the City of Redding amending Chapter 16.08 of the Redding Municipal Code by amending Section 16.08.020, pertaining to building and mechanical codes adopted. USE OF MOTORCYCLES IN AND AROUND MOBILEHOME PARKS ------00-2-0-(/00 ; In response to a letter from the Mountain Shadows Mobilehome Estates and the Redwood Mobilehome Community regarding the use of property in and around the parks by motorcycles , the City Attorney gave the following recommendation to Council . Mr. Hays stated that there are laws presently prohibiting the kinds of activities which are mentioned in the letter from mobilehome park residents. These laws are contained in the Vehicle Code and the Penal / VI' Code. Mr. Hays emphasized that even with these laws in effect, enforcement III is the biggest problem. He further stated that drafting additional regula- tions can certainly be done; however, the problem of enforcement still remains. It is the recommendation of the City Attorney that the City not adopt additional regulations but, instead, determine whether or not it is possible to institute some enforcement program during those periods when the abuses addressed in the mobilehome parks ' letter are most likely to occur. 10/18/82 • 302 Vice Mayor Pugh commented that over the years, the City has had an on-going problem with bicycles, skate boards, horses, etc. , and they are difficult to resolve. The City Attorney pointed out that these types of problems usually occur during certain time periods. He suggested that since the areas where this is occurring are fairly limited, surveillance by the Police Department may result in curtailing the problem somewhat. In response to an inquiry from Councilman Kirkpatrick, Mr. Hays suggested that either he or the City Manager write a memo to the Chief of Police indicating Council ' s wishes for increased enforcement. Councilman Fulton felt that if the City had something in its Code prohibit- ing these activities, it may have a greater impact than a State-wide code. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher authorizing the City Manager to prepare a memorandum to the Chief of Police regarding a surveillance and enforcement program near the Mountain Shadows Mobilehome Estates and the Redwood Mobilehome Community to curtail the use of motorcycle dirt bikes around the perimeters of the parks. The Vote: Unanimous Ayes CERTIFICATION OF INITIATIVE PETITION - Drug Paraphernalia e//&.-/ O Deputy City Clerk Strohmayer presented the City Clerk's certification regarding the initiative petition concerning drug paraphernalia. In summary, she stated that the signatures submitted have been compared with D 1 the original registrations in the County Elections Department; and this is to certify that, while there were insufficient valid signatures to require a special election, there has been submitted the requisite number of valid signatures in order to cause the Redding City Council to either entirely repeal Chapter 10.62 or to submit the proposed ordinance to the voters at the next General Municipal Election on April 10, 1984. No action was required on this matter. ROUTINE REPORTS AND COMMUNICATIONS FAlcoholic Beveral License Applications: /, -/l0- /4O Safeway Stores, Inc. , dba Liquor Barn 533 East Cypress Street 7-Eleven Food Stores (The Southland Corp. ) Eureka Way and West Streets Pacific Gas and Electric Company: S-05:0-3.5-6) Notice of Application to Reduce Electric Rates American Trailways, Inc. s-OSO -_,„F56 Notice of Application to Increase Fares ADJOURNMENT There being no further business, at the hour of 9:05 P.M. , Vice Mayor Pugh declared the meeting adjourned. APPROVED: • ice M. ATTEST: Z22:4e 6,e1,44; City Clerk by L�d� J40.1: Deputy City Clerk 10/18/82