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HomeMy WebLinkAboutMinutes - City Council - 1982-11-01 303 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California November 1 , 1982 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Clerk Nichols. The invocation was offered by Pastor Robert De Wolf of the United Methodist 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 Assistant City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Chief of Police Whitmer, Director of Electric Lindley, Super- intendent of Electric Mix, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Senior Associate Planner Keaney, Super- vising Accountant Downing, City Clerk Nichols, 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 18, 1982 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 09, check nos. 87290 through 87585 inclusive, in the amount of $938,097.58, be approved and paid, and Payroll Register No. 09, check nos. 167017 through 167580 inclusive, plus check no. 156636, in the amount of $423,985.90, for the period October 10, 1982 through October 23, 1982 , be approved. Total : $1 ,362,083.48 _e- /30-//c Treasurer's Report - August 1982 .6 -/30-/5 U Total Treasurer' s Accountability - $9,902,373.60 Claims for Damage and Personal Injury - 1st Hearing 61-04— Frances °-O4—Frances Shahbazi - Claim for Personal Injury filed 10/22/82 /aia Recommend denial and referral to City Insurance Carrier Donnie Jay Ferguson - Claim for Personal Injury filed 10/14/82 Recommend denial and referral to City Insurance Carrier e-070-J-5-0 /a • Patricia H. Peil - Claim for Personal Injury filed 10/15/82 Recommend denial and referral to City Insurance Carrier e-D94-vs 0 / 44 A Laverne White - Claim for Personal Injury filed 10/15/820,O y0-OSS Recommend denial and referral to City Insurance Carrier Ronald Barnes - Claim for Personal Injury filed 10/21/82 Recommend denial and referral to City Insurance CarrierC-C / Award of Bid - Reconditioning 50' Aerial Lift and Body /S--C2.5-0-/ 0O Recommend that Bid Schedule No. 1412, reconditioning of one 50' aerial lift and body, 1968 Powers Skymaster Model HABS-2-50, be awarded to McCabe Powers Sales & Service on its bid in the amount of $25,143.20 /D..3 subject to change for discretionary repairs with written City manage- ment approval . 11/1/82 304 Award of Bid - Reconditioning Heavy Line Truck ,Z- 2.3-0-/C2 U Recommend that Bid Schedule No. 1413, reconditioning of one Heavy Line Truck, 1972 Utility Model DMOST 32, be awarded to McCabe Powers Sales & Service on its bid in the amount of $20,617.00, subject to change /O for discretionary repairs with written City management approval . Resolution No. 82-180 Rejecting Bids - GVW Truck Chassis and Fifty- Foot Hydraulic Aerial Boom r_0. 0-/0 O Recommend adoption of Resolution No. 82-180, a resolution of the City Council of the City of Redding rejecting all bids for one 24,500-pound /93 VGW truck chassis and 50-foot hydraulic aerial boom submitted under Bid Schedule No. 1411 , and declaring that the required equipment may be acquired in the open market, and authorizing negotiation therefor by the City Manager. Set Public Hearing - Rezoning Application RZ-15-82, by City of Redding Recommend that a public hearing be set for 7:30 P.M. , December 6, 1982, to consider Rezoning Application RZ-15-82, by the City of E /V7 Redding. G -0/0 -23 O Set Public Hearing - General Plan Amendment GPA-8-82, by Ken Knighten e_030- 0/0 Recommend that a public hearing be set for 7:30 P.M. , December 6, f / 1982, to consider General Plan Amendment GPA-8-82 , by Ken Knighten. Set Public Hearing - Amendment to Off-Street Parking Code Requirements Recommend that a public hearing be set for 7:30 P.M. , December 6, 1982, to consider amendments to the City' s off-street parking regula- tions, Chapter 18.62 of the Redding Municipal Code, and Resolution No. 3540, pertaining to compact cars, street trees and planters, setbacks, and drainage plans. /,-G3v-Z 30 Resolution No. 82-181 - Lot Line Adjustment LS-37-82, by Ken Whitmire Recommend adoption of Resolution No. 82-181 , a resolution of the City Council of the City of Redding waiving the requirement of a parcel map FOIA for Lot Split Application No. LS-37-82. G-v/ -/SO Award of Bid - Slope Protection in Olney y Creek /..5-0_5-0- e2- 0 Recommend that Bid Schedule No. 1416, construction of slope protection in Olney Creek, be awarded to Perry W. Bennett on his low bid in the 3/ amount of $11 ,619.25. /3- Resolution No. 82-182 Accepting Streets in Bramblewood Terrace Subdivision , Unit Nos. 1 and 2 $ -070 -2 :30 91 <5-IOd- O(oS Recommend adoption of Resolution No. 82-182, a resolution of the City !p Council of the City of Redding accepting for maintenance and operation �al Bramble Place and Catalpa Court in Bramblewood Terrace Subdivision, Unit Nos. 1 and 2. Resolution No. 82-183 - Amendment of DUI Administration Contract Recommend adoption of Resolution No. 82-183 p o on a resolution of the City Council of the City of Redding amending that certain contract between the City of Redding and the County of Shasta for a part-time court ,Z(oto clerk funded from DUI funds. /2-__0_6-0 _ ,2_ ;70 Resolution No. 82-184 - re Purchase of Kutras Parcels C' -O 7D-/D 0 Recommend adoption of Resolution No. 82-184, a resolution of the City Council of the City of Redding approving the purchase of Kutras 36-0 Parcels 19, 19a and 20, Turtle Bay, and authorizing the execution by the Mayor of the necessary documents to accomplish such purchase. c-070 11/1/82 305 • Revenue Sharing Agreement - The Center, Inc. e _720,--/z Recommend approval of a Funding Agreement which provides for the payment of funds in the sum of $1 ,363.33 to The Center, Inc. , for the fiscal year 1982-83. Revenue Sharing Agreement - Golden Umbrella 6-/g6) -/2_ Recommend approval of a Funding Agreement which provides for payment 577 of funds in the sum of $14,970 to the Golden Umbrella , for the fiscal year 1982-83. Revenue Sharing Agreement - Consumers' Aid of Shasta County /g-430-/2_0 Recommend approval of a Funding Agreement which provides for payment , of funds in the sum of $8,500 to the Consumers' Aid of Shasta County, for the fiscal year 1982-83. Revenue Sharing Agreement - People of Progress , Inc. g-/36-/Z0 Recommend approval of a Funding Agreement which provides for payment of funds in the sum of $1 ,000 for seeds and fertilizer and an esti- S/ 7 mated $600 for water service to the People of Progress, Inc. community garden site, for the fiscal year 1982-83. Revenue SharingAgreement - Phoenix House Alcoholic RecoveryHome 9 g-/30lz-U Recommend approval of a Funding Agreement which provides for payment c/ of funds in the sum of $5,000 to the Phoenix House Alcoholic Recovery Home for the fiscal year 1982-83. Revenue Sharing Agreement - Shasta County Women' s Refuge ,g--/3,0-/2 Recommend approval of a Funding Agreement which provides for payment d,, of funds in the sum of $9,000 to the Shasta County Women' s Refuge, for the fiscal year 1982-83. Revenue Sharing Agreement - Empire Hotel Alcoholic Rehabilitation Center '-_ /.3U--/2-0 Recommend approval of a Funding Agreement which provides for the .5/ payment of funds in the sum of $6 ,670 to the Empire Hotel Alcoholic Rehabilitation Center, for the fiscal year 1982-83. Revenue Sharing Agreement - Help, Inc. /'-/30-- /20 Recommend approval of a Funding Agreement which provides for the payment of funds in the sum of $5,000 to Help, Inc. , for the fiscal 1-/T year 1982-83. MOTION: Made by Councilman Kirkpatrick, 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 82-180, 82-181 , 82-182, 82-183, and 82-184 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter of Resignation - Dick Tews, Redding Airport Commission The City Clerk advised that a letter of resignation has been received from Dick Tews , as a member of the Redding Airport Commission. a2 ev 1 MOTION: Made by Councilman Demsher, seconded by Councilman Pugh accepting the resignation of Dick Tews from the Redding Airport Commission with an appropriate letter of appreciation to be prepared for his valued service on the Commission. The Vote: Unanimous Ayes • 11/1/82 • 306 Mayor Gard asked the news media to publicize the vacancy and asked for suggestions to fill the position. Request for Renewal of Taxicab Permits - Redding Yellow Cab A communication was received from Ron Brezina, owner of the Redding Yellow Cab Company, requesting renewal of their four existing vehicle (2,60/? permits. j- / o _Seo MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the renewal of four taxicab permits for the Redding Yellow Cab Company for the year 1983. The Vote: Unanimous Ayes Request from Popovics Productions - re Landing a Helicopter at the Civic Auditorium e .-v$0- 0.5-0 A letter was received from Popovics Productions requesting permission to land a helicopter at the Civic Auditorium at 12 noon, on November 432- 20, 1982, for the purpose of delivering Santa Claus to the Popovics Christmas Show. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the request from Popovics Productions, as hereinabove stated. The Vote: Unanimous Ayes Request from Redding Chamber of Commerce - re Christmas Parade Route A letter was received from the Greater Redding Chamber of Commerce, requesting approval of their Christmas Parade route, beginning at the !3 y Civic Auditorium and concluding at the Wards parking lot, which is scheduled for December 3, 1982 , at 6:30 P.M. �-,9W_ MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the route as submitted by the Greater Redding Chamber of Commerce for their Christmas Parade scheduled for December 3, 1982, at 6:30 P.M. , and as approved by the Chief of Police. The Vote: Unan- imous Ayes ORDINANCE - re Rezoning Application RZ-8-82 L—v/n 2-2 0 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the full reading of Ordinance No. 1601 be waived and the City Attorney be � instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Ordinance No. 1601 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 (RZ-8-82) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1601 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-9-82 Z - 0/0 - -2-30 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the full reading of Ordinance No. 1602 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes !lg MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1602 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-9-82). 11/1/82 307 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1602 is on file in the office of the City Clerk. ORDINANCE - re Ambulance Regulations 7 - c2 0 -030 MOTION: Made by Councilman Pugh, seconded Eby Councilman Demsher that the full reading of Ordinance No. 1603 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes 026P346 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Ordinance No. 1603 be adopted, 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. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1603 is on file in the office of the City Clerk. ORDINANCE - re Building and Mechanical Codes Adopted MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the full reading of Ordinance No. 1604 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes (- 1/0-2C0 City Attorney Hays advised that the proposed ordinance was sent to local architects and the Builders Exchange and there apparently are no objec- tions. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1604 be adopted, an ordinance 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. ., Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1604 is on file in the office of the City Clerk. ORAL REPORT FROM MAYOR GARD - re League of California Cities Meeting Z-- -0 /J--/...S0 Mayor Gard reported that she recently attended the League of California Cities annual meeting in San Diego. She felt that a lot of real direction is evident in the League and this influence is being exhibited in Sacra- mento. For example, she cited the "Fire Works" bill which was passed by the State Legislature and later vetoed by the Governor due to League o 7/ influence. Mayor Gard also noted that the League normally does not take a position on State propositions, but they did vote to take a position on Proposition 13, Water Resources. She indicated that she has copies of the resolutions adopted at the annual League meeting if anyone is interested in seeing them. Ms. Gard added that a National League meeting is planned in Los Angeles; however, unless any Council Members have strong feelings about her attending, she felt it was more important to attend the State meetings. 11/1/82 308 RECOMMENDATION OF PERSONNEL COMMITTEE - re Appointment of City Manager na-ase-aro Councilman Demsher reviewed the recommendation of the Personnel Committee and stated that the Committee has met several times to discuss the appoint- ment of a City Manager to replace Mr. Brickwood who is retiring. He indicated that after thoroughly reviewing the prospects of advertising the position, the Committee has determined that the most suitable person to be appointed to the position of City Manager is the current Assistant City /3 7 Manager and Finance Director Mr. Robert Courtney. It is the recommendation of the Personnel Committee that Mr. Courtney be appointed City Manager of the City of Redding upon the retirement of Mr. Brickwood. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving the appointment of Mr. Robert Courtney to the position of City Manager, upon the retirement of Mr. Brickwood. The Vote: Unanimous Ayes Mayor Gard expressed her appreciation for his many years of fine service with the City and looks forward to many more years. Councilman Demsher acknowledged that this appointment does not come as a great surprise to many people, as it is well known that Mr. Courtney has served this community well over the years. Mr. Demsher noted that he looks forward to serving with Mr. Courtney and he thanked Mr. Courtney for accepting the position. CONTRACT WITH HAVEN HUMANE SOCIETY - re Animal Control Services 714-45C2 - /7C2 Assistant City Manager Courtney reviewed the memorandum from the City Manager dated October 28, 1982, concerning the proposed contract with Haven Humane Society for animal control services. He stated that the City of Redding and Haven Humane Society have been discussing and researching for about two years, the possibility of the Society handling the animal control [ services for the City of Redding. He said this proposal is the product of a great deal of effort by the City Manager and representatives of the Haven Sj Humane Society. Mr. Courtney stated that the purpose of this proposal is for the Society to conduct for the City, a comprehensive animal regulation program, including all field duties, animal housing, care and disposition. This would include injured animal costs as well as to organize and conduct all required rabies vaccination clinics. It is proposed that the City Clerk will continue to issue licenses from her office, while the Society will license animals at the Shelter and in the field. The City Manager' s memorandum outlined the proposal in detail and explained that the advantage of having Haven Humane contract the animal control program is that the quality of care given animals by the Society is substantially higher than the present program. It was also noted that a very important aspect of the program is the destroying of unplaced or unwanted animals in a manner that assures painless death. The report indicated that in the immediate future, it does not appear that there will be any direct money savings by accepting the Society's proposal . However, possibly over a period of time, there may be substantial money and indirect • cost savings. Councilman Pugh said the City has been looking at this possibility for a long time. He felt the proposal is a good, long-range program which will benefit the community. Councilman Fulton contended that the City Manager has not been communi- cating with Council regarding this proposal . And, while he agrees that it seems to be a worthy endeavor, he would like to take an additional two weeks to look over the Society's facilities to make sure in his own mind 11/1/82 309 that they can handle this increased volume of animals. Dr. Fulton also expressed concerns about the hiring procedures for the animal control officers. Mayor Gard noted that Mr. Morgan of the Humane Society is present if Council has any questions. Councilman Demsher asked Chief of Police Whitmer if he had reviewed the contract. Chief Whitmer replied that he has worked with Mr. Little in formulating the contract and feels satisfied that they have adequate facilities. He said they have increased the number of cages and are willing to reduce the number of incoming animals if necessary. He also stated that the Society has accomplished considerable modification of their facilities to handle the increased volume. City Attorney Hays replied to a question from Mayor Gard that the City will incur no increased liability under this proposal . Mayor Gard also inquired about the 24-hour emergency service. Mr. Morgan advised that Mr. Little is recouperating from surgery, and he is not sure what provisions are planned for this service. With the concurrence of Council , this matter was continued until Novem- ber 15, 1982, to allow time for further study of the proposal . RESIDENTIAL MORTGAGE REVENUE BONDS /9 -DSo -/35 Planning and Community Development Director Perry reviewed his memorandum to Council dated October 27, 1982. He stated that rising interest rates and inflation in recent years have adversely affected the ability of the housing industry to produce affordable housing. He explained that in 1978, the State Legislature, in an attempt to increase home-ownership opportun- ities for moderate-income families and to stimulate housing production, authorized local communities to issue mortgage revenue bonds. The interest from these bonds is exempt from State and Federal income tax and results in home mortgages at a rate of 2% to 4% below the market rate. Mr. Perry advised that in 1982, 49 agencies in California received alloca- tions resulting in the sale of $946,000,000 of mortgage revenue bonds. It is estimated that if an agency were to submit an application to the Bond Allocation Committee now, the allocation would be approved sometime in the second quarter of 1983. He reviewed the basic program requirements for issuance of mortgage revenue bonds. To determine interest in the program, the staff has scheduled an informa- tion meeting. If sufficient interest is expressed, a report and recom- mendation will be submitted to the City Council for consideration. This was an information item and no action was required. GENERAL PLAN AMENDMENT - re Municipal Airport Plan d2_ ,5,6,) -j/6 Planning and Community Development Director Perry reviewed his memorandum to Council dated October 29, 1982 , which is incorporated herein be refer- ence. He discussed the supplemental traffic report which was submitted to 1� d the Planning Commission on October 12. He also noted that prior to the Planning Commission meeting, copies of the report were sent to Shasta p./5— County and City of Anderson for comment. At this time, it is the recommendation of staff and the Planning Commission that Option "C" be placed on the Airport Area Plan. This option proposes a parallel 120 foot wide right-of-way expressway adjacent to the existing alignment development of Airport Road. It would occur west of the existing alignment of Airport Road. This alignment would connect on the south end 11/1/82 310 where it approaches the North Street bridge, as shown on Exhibit A attached to the proposed resolution. If Council concurs it is recommended that a resolution be adopted amending the General Plan to include the Municipal Airport Area Plan and approve the final EIR. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 82-185 be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendment GPA-1-82, the Municipal Airport Area Plan, s 170 and approving the final EIR. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 82-185 is on file in the office of the City Clerk. E ANNEXATION REQUEST NO. 82-2 - Clear Creek Road , - /. c_ /./3 Planning and Community Development Director Perry reviewed his memorandum to Council dated October 29, 1982, regarding Annexation Request No. 82-2 , ( Clear Creek Road. He submitted a petition from W. Jaxon Baker and Ed Oaks, requesting annexation of property located on either side of Clear Creek Road. A map of the area was shown on the Vu Graph. Mr. Perry noted that part of this area was considered by Council earlier this year and denied due to distance from the City limits. Mr. Perry stated that with the inclusion of the property on the south side A33of Clear Creek Road, the area is now contiguous with the City. And, the City has also commenced annexation proceedings on the Westwood Manor1111111 Subdivision, bringing the property nearer to the City from that direction. Mr. Perry explained that most of the concerns previously expressed in regard to annexing this area have been satisfied and he listed several advantages with the annexation. He does not recommend annexation of the Oaks property on the south side of Clear Creek. It is recommended that staff review the area between Redding Ranchettes and Clear Creek for electrical service and be authorized to contact the Gore family and two other owners of large vacant parcels regarding annexation, provided that no sewer service will occur outside the Regional Waste Water Treatment Plant until either Clear Creek is expanded or a new plant con- structed, and owners would purchase existing electric facilities. In response to an inquiry from Councilman Fulton, Mr. Perry advised that the General Plan for the area calls for "mineral extraction" and he esti- ; mates that there is a 50 year supply of minerals on the site. He also indicated that there may be approximately 750 acres involved, including the Oaks property. Councilman Pugh emphasized that property owners should be made aware of the lack of sewer service and the need to acquire electric and water facilities as a condition to annexation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation as hereinabove stated and instructing staff to report back with a recommended boundary after discussion with other pro- perty owners in the area. The Vote: Unanimous Ayes 11/1/82 311 ANNEXATION REQUEST NO. 82-13 - Quartz Hill Road Area /7!? -/.5-0--!?)77 Planning and Community Development Director Perry reviewed his morandum to Council dated October 29, 1982. He submitted petitions from owners and residents of the Quartz Hill Road Area requesting annexation to the City. A map of the area was shown on the Vu Graph and comments from various City Departments were submitted to Council . Mr. Perry explained that taking into consideration the private land only, the petition represents 37 percent of the land area and 40 percent of the property value. According to Mr. Perry, the three main concerns with annexation of this area are fire protection, sewer service, and urbaniza- 613 tion. He stated that while there are problems with annexing the area as a whole, the annexation meets the criteria which led the City to include the area within its sphere of influence. He noted that both the Federal land to the north and the Sacramento River to the west create a good political boundary for the City. It is the recommendation of staff that Council refer the request to the Electric Department for cost estimates regarding purchase of the electric facilities in the area. Upon receipt of these estimates , it is recommended that staff be authorized to submit a letter to each property owner in the area to determine interest in annexation to the City subject to the follow- ing two stipulations: 1 . Property owners shall form an assessment district to acquire and transfer ownership of the electric facilities in the area to the City. 2. Sewer service will not be provided outside the Regional Sewer Service Boundary until such time as either a second treatment plant is constructed or the Clear Creek Plant is expanded. Mr. Perry proceeded to state that depending on the level of interest and electric connections, it may or may not be necessary to break the annexa- tion into several parts. Due to the number of vacant parcels, the assess- ment district boundary and the annexation boundary may not be the same. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick approving the recommendation of staff as hereinabove stated regarding Annexation No. 82-13, Quartz Hill Road. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-8-82 - Village Road Subdivision 51-70 —.773 Planning and Community Development Director Perry advised that the Planning Commission has granted Otto Bouma permission to divide 6.4 acres located north of Santa Rosa Way and West of Lake Boulevard into 22 single-family /Q lots. A map of the area was shown on the Vu Graph and Council was given a list of the conditions of approval . This is an information item and no action is required by Council . PUBLIC HEARING - Rezoning Application RZ-10-82, by City of Redding Z-O/O— 23 O The hour of 7:30 P.M. having arrived, Mayor Pugh opened the public hearing regarding Rezoning Application RZ-10-82, Enterprise Area, by the City of Redding. The following documents are on file in the office of the City Clerk: )c' Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated October 28, 1982 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. 11/1/82 312 Planning and Community Development Director Perry reviewed his memorandum to Council dated October 28, 1982. He stated that the Planning Commission has recommended rezoning of property located in portions of the Shasta Meadows , Oakwood Manor, Lassen Acres, Royal Oaks , Robert Court, and Country Club Subdivisions from "U" Unclas- sified District to "R-1" Single Family Residential District. The affected properties are generally located north of Hartnell Avenue, west of Churn Creek and east of the properties on the west side of Heather Lane. A map of the area was shown on the Vu Graph. Also, the draft negative declaration, a letter of opposition to the proposed rezoning of a specific parcel , and a petition requesting commercial zoning for property fronting on Victor Avenue, were submitted to Council . Mr. Perry explained that the letter of opposition concerns a parcel located at the northeast corner of Green Street and Oxford Road, wherein the property owner expressed a desire to construct a second single-family residence on the parcel under the assumption that multiple-family zoning would be necessary for that purpose. He stated that it may be possible for the property owner to split the property and construct a single-family house on the vacant parcel , or when the back half is already developed, a second dwelling can be constructed on the front half. Therefore, the Commission recommended "R-1" zoning for this parcel rather than the requested "RM-9" . Mr. Perry discussed the request for a commercial designation for Victor Avenue and advised that such a designation would require a general plan amendment. He also reviewed several other reasons why the Commission and staff felt that such a zoning is untimely. It is the recommendation of the Planning Commission and staff that the area be rezoned from "U" Unclassified to "R-1" , that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the public hearing be closed. The Vote: Unanimous Ayes Councilman Demsher felt that this is a clear issue and the recommenda- tion of the Commission and staff should be approved. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the recommendation of the Commission and staff as herein- above stated re Rezoning Application RZ-10-82. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-10-82: 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. 1605 for first reading, an ordinance of the City Council of the City of Redding amending Section 6 11/1/82 313 18.06.020 of the Redding Municipal Code relating to the Rezoning of Certain real property in the City of Redding (RZ-10-82) . PUBLIC HEARING - Rezoning Application RZ-11-82, by Jim Harrison L-0/0-23 0 The hour of 7:30 P.M. having arrived, Mayor Pugh opened the public hearing re Rezoning Application RZ-11-82, by Jim Harrison. 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 28, 1982 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 October 28, 1982. He stated that the Planning Commission has recommended rezoning of property located at 1238 West / Street from "R-4" and "R4-25-F" Multiple-Family Residential District /`° to "C-2" Central Commercial District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Planning Commission and staff that the front-half of the property be rezoned to "C-2-F" with the certain site-plan-review criteria, as stipulated in the proposed ordinance. It is further recommended that the zoning of the back half of the property remain the same, "R4-25-F," in conformance with the General Plan, 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 Pugh, seconded by Councilman Fulton approving the recommendation of the Planning Commission and staff as hereinabove stated re Rezoning Application RZ-11-82. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-11-82: 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 Pugh offered Ordinance No. 1606 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-11-82) . 11/1/82 314 Mayor Gard emphasized that the Planning Commission continues to be extremely thoughtful in their deliberations and that their recommenda- tions are a very important part of these proceedings. CONTINUED PUBLIC HEARING - re Upper Churn Creek Sewer Assessment District No. 1980-7 Az,X70 _/00,— Mayor Gard was advised by the City Attorney that it would not be necessary for her to abstain in these proceedings due to her absence at the public hearing on October 18, 1982 , because public testimony given at that meeting was not substantial . He stated that all protests have been distributed in the Council packets and considerable additional input will be received which would allow her to participate in the hearing. The hour of 7:30 P.M. having arrived, Mayor Gard opened the continued public hearing re Upper Churn Creek Sewer Assessment District No. 1980-7. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing The City Clerk advised that in addition to the written protests previously distributed to Council , two letters were received in the mail today from Mr. & Mrs. Kenneth Combs, and Mr. and Mrs. Richard Molina. Also, she advised that two protests letters were handed to her this evening from Robert Perkins and Lee Perkins. (pD/ Special Bond Counsel Sperry advised that in addition to the letter from Sharrah-Nolte and Associates dated October 28, 1982 , in response to objections, he has two additional handouts regarding the responses. One is marked "Exhibit B" and is the cost estimate for the assessment district dated November 1 , 1982, which is based primarily upon the construction bid received. The other document marked "Exhibit A" is a four-page document consisting of the assessment roll for the district. Both "Exhibit A" and "Exhibit B" as noted above, plus John Sharrah' s response to the objections dated October 28, 1982, are hereby made a part of these records by reference, and are on file in the office of the City Clerk. A color-coded map (dated October 18, 1982) of the district boundaries and the sewer lines is also incorporated herein by reference and is on file in the Public Works Department. John Sharrah, of Sharrah-Nolte and Associates, the engineer of work for the project, emphasized that the original estimates for the project have decreased due to a construction bid which was substan- tially lower than the engineer's estimate, and due to the fact that the Buckeye lateral was deleted from the plan. He explained that there are two types of assessments--one for trunk lines and one for laterals. Mr. Sharrah stated that the laterals were not assessed throughout the district but only to those who had requested them. Mr. Sperry pointed out that the Engineer' s Report was submitted on September 7, 1982, as required. The bids were opened and an amended Engineer's Report was then prepared for consideration on October 18, 1982. No action was taken and another amended Engineer's Report has been prepared for consideration at this time. He indicated that one significant component of the Report was the Reimbursement Agreement wherein Mr. Levenson will receive money back when his properties are sold. Mr. Sperry advised that the agreement has been consummated and he proposes to return on November 15, 1982 , with the terms of imple- menting that agreement. He suggested an "earnings on idle funds" resolution as a sub-component of that agreement. 11/1/82 - _ . . w - a _ -- - -..«.-�. r— ..--_. www-.rya•--vim-maw w� — R, -y.: � - , 315 Mr. Sperry related that he and Mr. Sharrah have met and considered all • written objections and Mr. Sperry concurs with the recommendation of the engineer of work. In response to an inquiry from Councilman Fulton, Mr. Sharrah advised that the objectors have not received copies of his written response. Lloyd Hayes, 2601 Freebridge, stated he has two parcels within the district which are not in the City limits. He advised that he did not write a letter but he is hereby protesting the amount of his assess- ment. Mr. Hayes indicated that about six months ago he phoned the engineer and was advised that his cost would be $10,000. He said the City at one point advised him his cost would be about $16,000, but later revised the figure to about $14,000. He asked why he is being assessed for commercial property since the property could only be used as residential if it were in the City. Walter Kent, P.O. Box 345, Redding, said he and his wife are here to appeal for fairness of the assessments. He pointed out that they are not against the formation of the district; however, they have been trying to get a complete report on the project for two years. He said Council has the ability to accept, reject, alter, change, or modify the Engineer' s Report. Mr. Kent maintained that the engineering was geared to several large parcels in the district. He said he has had difficulty in getting information from the engineers since they are located in Red Bluff. He explained that the principal objection he had in 1981 was that the laterals were being paid for at the expense of the whole area and not just the ones which would benefit. Mr. Kent requested a copy of Mr. Sharrah' s response to the objections dated October 18, 1982, and asked for time to study it. He proposed that - Illassessments are supposed to be directly related to the benefits received. He felt that parcels were not being assessed equally. Mr. Kent proceeded to state that property owners in the northeast corner of the district will have to form an additional assessment district to obtain sewer service. He estimated that this would be an additional $660 per household equivalent if all parcels share in this cost. He reiterated that he feels they are being assessed unfairly and that their assessment should be reduced to zero because they will receive no benefit and have to pay more than people on the trunk line. Lee Perkins, 1491 Ceramic Way, advised that he bought the property within this assessment district jointly with his brother as an invest- ment. He protested his assessment of $6 ,380 for a trunk line when no service will be available to him. He advised that his parcel is slightly over 18 acres and is one mile from the lateral . Mr. Sharrah stressed that some people may seem to be receiving a greater benefit but they are also paying a greater assessment. They did try to use a uniform assessment formula and take into considera- tion the distance from the trunk line without gerrymandering the district. Mr. Sharrah emphasized that Mr. Kent could form an assess- ment district with other property owners to extend sewer service at a cost of about $450 or $500 per household equivalent, which would make his total cost comparable to other districts. Or, he could wait until 1111111 intervening properties are developed and bring a trunk line nearer to his property. Mayor Gard pointed out that the benefit is the availability of the trunk line, and noted that the 50% reduction for the remoteness factor is a gift to people who are some distance away. She feels that the more distant property owners are actually getting a subsidy from those who are closer. 11/1/82 316 Mr. Kent returned to the podium. He said he still feels the costs are unfair and that he would be assessed $800 or more per household equivalent to receive sewer service. He asked to be relieved of that burden. He reiterated that the law states that people are to be assessed only in accordance with the benefit they receive. It is the opinion of Mr. Kent that according to the cost spread calculations, two different laterals (Churn Creek and Salt Creek) take a benefit of about $55,000 each, alleging that the City Code allows them to do so based on a $12 per front foot charge for installation. He said there is nothing that says they can take $55,000 off of the actual cost on that basis. Mr. Kent asked that the hearing be continued to allow time for the financial people within the City to insure the correct- " ness of that method of assessment. Meredith Parks, 1981 Theresa Lane, said she would like an answer to her objection about the placement of another easement across her property. She said she would like it to be aligned with the existing water easement if possible. Public Works Director Arness stated that there may be a problem with the grade of the property. He said water lines are under pressure, whereas sewer lines are gravity flow. Mr. Sharrah advised that he would review this further with the Parks. Mayor Gard noted that an alignment situation could probably be handled under the change order ordinance, if necessary. Joseph Rhoads, P. 0. Box 396, Redding, emphasized that all the objectors should be afforded the courtesy of a formal response from the engineer. Karen Rhoads, P. 0. Box 396, Redding, stated that she and her husband own 65 acres in the district and they have not been adequately f informed about the details of the project. She advised that their property is 900 feet from the trunk line and will be assessed $1 ,000 per month without any benefit of service. She added that if they decided to extend a lateral to their property, their total assessment would be $175,000. Mr. Sperry explained that the Rhoads' property is just north of the Salt Creek lateral and if they opt to extend that line they lose the 50% reduction allowed under the remoteness rule. He indicated that if the Rhoads decide to extend the lateral , this can be handled with their written request at a later date. If they were to do that, Mr. Sperry stated, it would lower some of the other assessments. There- fore, they would need to act within the next month if they decide they wish to extend the lateral to serve their property. Mr. Sperry advised that the interest rate on the bonds will not be known until the bond bids are received; however the rate cannot exceed 12%. He said they expect bond bids by December 6, 1982. He added that their financial consultants suggested a 15% reserve fund rather than 5% due to the high percentage of undeveloped property in the area and property tax delinquencies. Mr. Sperry emphasized that because of the requirement to award the construction bid within 60 days from the date of the bid opening, • there is some need to move ahead with the proceedings. He added that the municipal bond market is more advantageous at this time because after January 1 , all municipal bonds will have to be in registered form at an increased cost. 11/1/82 317 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the public hearing be closed. Councilman Fulton urged that the hearing be continued to the next regular Council meeting since there seems to be so many unanswered questions. Councilman Kirkpatrick emphasized that Council has considered these proceedings for a long time, and it is time to make a decision. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Councilman Pugh stated it appears to him that most of the objections can be handled before the final transactions are completed, such as the location of the line on the Parks property and the resolution of the Rhoads transaction regarding the extension of the lateral . In regard to the allocation of the cost spread, Mr. Pugh felt it is proper, and he maintained that the property owners who are further away are benefiting because of the 50% remoteness rule. He felt that this type of protest could be overruled. Mr. Sperry suggested that the Rhoads and Parks protests be treated as true protests which would receive a response on November 15, 1982. He stated that these situations can be handled by change orders and the property owners would be entitled to compensation by negotiation and severance charges. He noted that the assessment proposed against Mr. & Mrs. Parks does not include the off-set for the easement which will reduce their assessment. With respect to the Rhoads, he said they have the choice of installment financing for the extension of the lateral if they decide to include that in the assessment district, but should make their decision within the next month. Councilman Pugh clarified that if Council passes a resolution over- ruling protests, that will not jeopardize the Parks and the Rhoads objections. Mr. Sperry concurred. The following documents were filed and adopted regarding Upper Churn Creek Sewer Assessment District No. 1980-7: Resolution - Overruling Protests MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-186 be adopted, a resolution of the City Council of the City of Redding overruling protests in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 82-186 is on file in the office of the City Clerk. III Resolution - Amending Resolution of Intention MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-187 be adopted, a resolution of the City Council of the City of Redding amending Resolution of Intention No. 81-80 re Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None , 11/1/82 318 Resolution No. 82-187 is on file in the office of the City Clerk. Amended Engineer' s Report Resolution - Approving Report and Ordering Assessment MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-188 be adopted, a resolution of the City Council of the City of Redding approving report and ordering assessment in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 82-188 is on file in the office of the City Clerk. Resolution - Authorizing Change Orders MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-189 be adopted, a resolution of the City Council of the City of Redding authorizing change orders in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 82-189 is on file in the office of the City Clerk. Resolution - Establishing Bond Reserve Fund MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-190 be adopted, a resolution of the City Council of the City of Redding establishing bond reserve fund in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 87-190 is on file in the office of the City Clerk. Resolution - re Foreclosure of Delinquent Assessment Liens MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-191 be adopted, a resolution of the City Council of the City of Redding concerning foreclosure of delinquent assessment liens in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 82-191 is on file in the office of the City Clerk. Resolution - Approving Reimbursement Agreement MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 82-192 be adopted, a resolution of the City Council of the City of Redding approving reimbursement agreement in Upper Churn Creek Sewer Assessment District No. 1980-7. Voting was as follows: Ayes: Council Members - Demsher, Kirkpatrick, Pugh, and Gard Noes: Council Members - Fulton Absent: Council Members - None Resolution No. 82-192 is on file in the office of the City Clerk. 11/1/82 319 PUBLIC WORKS PLANNING REPORTS - November 1982 Public Works Director Arness presented the Public Works Planning Reports -- for November 1982. /¢..._ 50 0 SUMMONS AND COMPLAINTS City Attorney Hays advised that the City has been served with the following Summons and Complaints: _(5v0 -/O Jerry Snyder vs. City of Redding et al /01A Chad Wallace and Shawn Wallace vs. City of Redding et al Sue Wishon vs. City of Redding et al ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications:,/lam _/5C0 USA #202 (USA Petroleum Corp. ) 382 E. Cypress Payless Gas (James & Peggy Finan) 495 E. Cypress Lady Lorenz Downstairs (Giant Erection) 1600 California Street Liquors for Less (Belli , Cabrol , Klein) 3025 Bechelli Lane, Suite 4 The Schooner (Bowden, Byers , Pearson) 151 Market Street Public Utilities Commission: 751- f' -700 , Pacific Telephone' s Application to Establish New Rates Order Instituting Investigation re Railroad Crossings Shasta-Cascade Wonderland Association: Publicity -/30 -O�o _ ,�00 ADJOURNMENT There being no further business , at the hour of 9:05 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: ,a A, Y,c,d0 Mayor ` ATTEST: City Clerk 11/1/82