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HomeMy WebLinkAboutMinutes - City Council - 1979-07-16 180 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California July 16, 1979 The Pledge of Allegiance to the Flag was led by Administrative Assistant Woodrum. The invocation was offered by Cadet Gilbert Crowell of the Salvation Army. The meeting was called to order at 7:00 P.M. by Vice Mayor Fulton with the following Council Members present: Gard, Kirkpatrick, and Pugh. Absent: Mayor Demsher Also present were Assistant City Manager Courtney, City Attorney Murphy, Director of Public Works Arness, Director of Planning and Community Development Harris, Director of Electric Simpson, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Associate Civil Engineer Mathis, Senior Assistant Planner King, Administrative Assistant Woodrum, and City Clerk Brayton. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the minutes of the adjourned regular meeting of June 25, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the minutes of the regular meeting of July 2, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the minutes of the adjourned regular meeting of July 9, 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Downtown Mall Association and Muscular Dystrophy Association - Request for "Bed Race" In a communication to Council dated June 26, 1979, the Downtown Mall Association and the Muscular Dystrophy Association requested approval for use of four lanes of Market Street from Placer Street to Gold Street on Saturday, August 25, 1979, from 8:00 a.m. until 4:00 p.m. 1 \ to stage a "Bed Race" benefit for victims of Muscular Dystrophy. This request has the approval of the Police Chief. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for a "Bed Race" . The Vote: Unanimous Ayes Citizen Communication re Traffic Signal at Market and Tehama Streets In a communication to Council dated July 9, 1979, Beulah Johnson, 901 North Market Street, directed Council's attention to the traffic signal at the corner of Market and Tehama Streets at the north end of the Downtown Mall. She pointed out that the duration of the green signal \\ indicating "walk" is so short, it is impossible to get completely across the street. This is complicated by the fact that motorists are allowed to proceed on a red light after making a stop. She pointed out that it is an inconvenience to old or handicapped persons and a safety hazard to everyone trying to cross the street. 181 With the concurrence of other Council Members, Vice Mayor Fulton referred this matter to the Public Works Department for discussion with Cal Trans. A report and recommendation is expected at the August 6, 1979 Council meeting. Delmar Williamson - Planning Commission A communication, dated July 9, 1979, was received from Delmar Williamson submitting his resignation as a member of the Planning Commission. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard accepting with regret the resignation of Delmar Williamson as a member of the Planning Commission. The Vote: Unanimous Ayes i/I Councilwoman Gard noted that in the last two months two members of the Planning Commission with long years of service have resigned. She felt public notice should be made that because of the strength and determination of members of the Planning Commission, the City is what it is today. Council Members concurred that a letter of appreciation should be sent to Mr. Williamson. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Accounts Payable Register No. 1, check nos. 64335 to 64640, inclusive, in the amount of $436,911.59 be approved and paid, and that Payroll Register No. 1, check nos. 116047 to 116631, inclusive, salaries in the amount of $328,857.84 for 1� j the period June 24, 1979 through July 7, 1979 be approved. Total $765,769.43 Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher TREASURER'S REPORT Councilman Pugh submitted the Treasurer's Report as of May 31, 1979 which showed the Treasurer's Accountability to be $13,085,370.42. CLAIMS FOR DAMAGE - 1st hearing Donald L. Van Dyke - Claim filed 6/28/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Donald L. Van Dyke on June 28, / ) 3 1979 be approved in the amount of $36.00, based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes Redding Recycling Center - Claim filed 7/2/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by the Redding Recycling Center on July 2, 1979 be referred to the City Insurance Committee, and that f j the City Clerk be instructed to place the Claim on the agenda for the meeting of August 20, 1979. The Vote: Unanimous Ayes Michael C. Fitzpatrick, Attorney, on behalf of Anita A. Greer - Claim filed 7/2/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Personal Injury filed by Michael C. Fitzpatrick, Attorney, on behalf of Anita A. Greer on July 2, 1979, be referred to ' the City Insurance Carrier, and that the City Clerk be instructed to " place the Claim on the agenda for the meeting of August 20, 1979. The Vote: Unanimous Ayes a 182 Marshall S. Mayer, Attorney, on behalf of Michael L. Spencer - Claim filed 6/28/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Marshall S. Mayer, Attorney, on behalf of Michael L. Spencer on June 28, 1979, be referred to the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of August 20, 1979. The Vote: Unanimous Ayes SETTLEMENT OF CLAIM FOR DAMAGE - By Insurance Carrier City Attorney Murphy advised Council that the Claim for Damage filed by Vickie McGowen/California State Automobile Association has been settled in the amount of $4,804.51. ORDINANCE - Adopting Building, Housing and Mechanical Codes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Council makes the following findings regarding adoption of Ordinance No. 1452 amending Chapter 16.08 of the Redding Municipal Code by adopting the 1979 Uniform Building Code relating to the Housing, Building and Mechanical Codes: /\r- 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 June 20, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1452 be waived, and that the City Attorney be in- structed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1452 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 16.08 of the Redding Municipal Code by repealing Sections 16.08.010 and 16.08.020 and substituting therefor new Sections 16.08.010 and 16.08.020, pertaining to Housing, Building, and Mechanical Codes. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Ordinance No. 1452 is on file in the office of the City Clerk. CITY OF REDDING ANNEXATION NO. 79-11 - Oasis Road Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that Harlan Eakens has submitted a letter requesting the annexation of approximately 200 acres north of Old , \v Oasis Road and west of Interstate 5. The area was shown on the Vu Graph. The area is located within the Regional Wastewater Service Boundary. It is recommended that Council direct staff to prepare the application for consideration by Council at a subsequent meeting. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard directing staff to prepare the necessary application re City of Redding Annexation No. 79-11. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application RZ-2-79 Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that at its meeting of May 15, L\L\ 1979, the Planning Commission recommended the rezoning of property located on Lake Boulevard south of Keswick Dam Road from "C2-RT-B40-F" Central Commercial District, with a minimum parcel size of 40,000 square feet, to "C2-B10-F" Central Commercial District, with 10,000 square foot lots, 183 jI "R3-30-F" Multiple Family District and "R-2" Duplex District. The area was shown on the Vu Graph. It is the staff suggestion that Council set a public hearing for 7:30 p.m. , August 6, 1979, to consider this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application RZ-4-79 Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that at its meeting of May 15, 1979, the Planning Commission recommended the rezoning of property located north of St. Nicholas Avenue from "R2-RT" Duplex District permitting mobile homes to "Rl-ST" Single Family Residential District permitting mobile homes. The area was shown on the Vu Graph. It is the staff suggestion that Council / t / set a public hearing for 7:30 P.M. , August 6, 1979, to consider this matter. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application RZ-6-79 Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that at its meeting of July 10, 1979, the Planning Commission recommended the rezoning of properties located west of Railroad Avenue, south of Grandview Avenue, from "R-1" and "Rl-Bl" Single Family Residential Districts and "U=F" Unclassified Districts to "R1-Bl-F" Single Family Residential District, "RM-6" Multiple Family Residential District and "U-F" Unclassified District. The area was shown / q Li on the Vu Graph. It is the staff suggestion that Council set a public hearing for 7:30 P.M. , August 20, 1979, to consider this matter. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Abandonment Application A-2-79 (Court Street) Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that at its meeting of July 10, 1979, the Planning Commission recommended the abandonment of a ten-foot- wide strip of right of way on Court Street, north of Grandview Avenue. The area was shown on the Vu Graph. It is recommended that the negative declaration be ratified and the prepared resolution be adopted setting a public hearing for 7:30 P.M. , August 6, 1979, to consider this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Council makes the following findings regarding Abandonment Application A-2-79 by Grandview Nursery, requesting abandonment of ten feet of excessj street right of way on the east side of Court Street, north of Grandview Avenue: 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 16, 1979. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-114 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of Court Street north of Grandview Avenue. 184 Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None I Absent: Council Members - Demsher I Resolution No. 79-114 is on file in the office of the City Clerk. 1 The public hearing was set for 7:30 p.m. , August 6, 1979. III 1 AMENDMENT TO REHABILITATION LOAN POLICY - Amendment No. 9 Housing and Redevelopment Administrator Henson reviewed his memo to Council dated July 10, 1979. He stated that upon review of the Rehabilitation Loan Policy with local banking officials, it was pointed out that requiring a reserve account for fire insurance and taxes along with the monthly loan repayment is not a standard banking procedure. It is therefore recommended ( that this requirement be deleted and replaced with a requirement that pay- ment of property taxes and fire insurance be the responsibility of the (--- property owner and verified by the City on an annual basis. It is the recommendation of staff that the prepared resolution approving this amend- ment to the Rehabilitation Loan Policy be adopted. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-115 be adopted, a resolution of the City Council of the City of Redding approving Amendments to the Rehabilitation Loan Policy adopted by City Council Resolution No. 75-86. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-115 is on file in the office of the City Clerk. EXECUTIVE SESSION III City Attorney Murphy requested an Executive Session to discuss pending litigation pertaining to construction taxes. At the hour of 7:15 p.m. , the Vice Mayor declared an Executive Session to discuss pending litigation. At the hour of 7:35 p.m. , the meeting was reconvened. ORDINANCE - Water MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1453 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1453 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 14.08 of the Redding Municipal Code by repealing Sections 14.08.010, 14.08.020, 14.08.030, 14.08.040, 14.08.050, 14.08.070, 14.08.080, 14.08.090, 14.08.100, 14.08.110, 14.08.120, 14.08.130, 14.08.140, \�\. 14.08.150, 14.08.160, 14.08.170, 14.08.190, 14.08.200, 14.08.210, 14.08.220, /\-\ 14.08.230, 14.08.240, 14.08.250, 14.08.270, 14.08.280, 14.08.300, 14.08.320, '---) 14.08.340, 14.08.350, 14.08.360, 14.08.370, and 14.08.380, and substituting \ therefor new Sections 14.08.010, 14.08.020, 14.08.030, 14.08.040, 14.08.050, 14.08.070, 14.08.075, 14.08.080, 14.08.100, 14.08.110, 14.08.120, 14.08.130, III 14.08.140, 14.08.150, 14.08.160, 14.08.170, 14.08.190, 14.08.200, 14.08.220, 14.08.230, 14.08.240, 14.08.250, 14.08.280, 14.08.300, 14.08.320, 14.08.340, 14.08.350, 14.08.360, 14.08.370, and 14.08.380, pertaining to Water. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Ordinance No. 1453 is on file in the office of the City Clerk. II . ._ .. . -•_ _._ _ _ 185 j { ORDINANCE - Sewer Provisions, Fees and Charges MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1454 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Ordinance No. 1454 be adopted, an ordinance of the City Council of the City of Redding amending the Redding Municipal Code by repealing 3 LI Chapter 14.12 entirely, and by repealing Sections 14.16.010, 14.16.020, 14.16.030, 14.16.040, 14.16.050, 14.16.060, 14.16.070, 14.16.080, 14.16.090, and 14.16.110, and substituting therefor new Sections 14.16.010, 14.16.015, 14.16.020, 14.16.025, 14.16.030, 14.16.035, 14.16.040, 14.16.045, 14.16.050, 14.16.055, 14.16.060, 14.16.065, 14.16.070, 14.16.075, 14.16.080, 14.16.085, 14.16.090, 14.16.095, 14.16.110, 14.16.170, 14.16.180, 14.16.190, 14.16.200, 14.16.210, 14.16.220, 14.16.230, 14.16.240, 14.16.250 and 14.16.260, per- taining to sewer provisions, fees and charges. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Ordinance No. 1454 is on file in the office of the City Clerk. { ORDINANCE - Construction Taxes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1455 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Ordinance No. 1455 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 16.42 of the Redding Municipal Code by repealing Section 16.42.060 and substituting therefor a new Section 16.42.060, per- taining to construction taxes. /12 Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Ordinance No. 1455 is on file in the office of the City Clerk. PROTEST HEARING - Enterprise Annexation No. 79-3 The hour of 7:30 P.M. having arrived, Vice Mayor Fulton opened the Public Hearing on Enterprise Annexation No. 79-3. i 1 The following documents are on file in the office of the City Clerk: Affidavits of Publication - Notice of Public Hearing Affidavit of Posting - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Department Report dated July 12, 1979 The City Clerk advised Council that no written protests have been received and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris reported that at an adjourned regular meeting on May 23, 1979, the Local AGency Formation Commission approved Enterprise Annexation No. 79-3, an uninhabited area consisting of approximately 18 acres located east of Victor Avenue and south of Lawncrest Road. The area was shown on the Vu Graph. Mr. Harris said that because no protests have been received, it is recommended that the prepared resolutions re findings and ordering annexation be adopted. 186 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-116 be adopted, a resolution of the City Council of the City of Redding determining that protests have not been made by the owners of one-half of the value of the territory within "Enterprise Annex No. 79-3. " Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-116 is on file in the office of the City Clerk. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-117 be adopted, a resolution of the City Council of uninhabited the City of Redding ordering the annexation of certain territory designated "Enterprise Annex No. 79-3" to the City of Redding. Voting was Ayes: as follows: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-117 is on file in the office of the City Clerk. PUBLIC HEARING - Reassessment of Assessment No. 28, North Bonnyview Sewer r Assessment District The hour of 7:30 P.M. having arrived, Vice Mayor Fulton opened the Public Hearing on Reassessment of Assessment No. 28, North Bonnyview Sewer Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing North Bonnyview Area Sanitary Sewer Assessment District - Assessment Split for Original Parcel No. 28 The City Clerk advised Council that no written protests had been received, and the Vice Mayor ascertained that there were no protests from the floor. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-118 be adopted, a resolution of the City Council of the City of Redding confirming a division of land and bond for Assessment No. 28 in North Bonnyview Sewer Assessment District No. 1978-1. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-118 is on file in the office of the City Clerk. 187 IJ ii PUBLIC HEARING - Cascade Neighborhood Plan - Olney Creek General Plan I� Amendment The hour of 7:30 P.M. having arrived, Vice Mayor Fulton opened the Public Hearing re the Cascade Neighborhood Plan - Olney Creek General Plan Amendment. 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 July 12, 1979 Supplemental Environmental Impact Report EIR-2-78 The City Clerk advised that no written protests have been received. </ Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979, stating that at its regular meeting of June 12, 1979, the Redding Planning Commission unanimously recom- mended approval of General Plan Amendment GPA-4-79, concerning the land use for the area adjacent to Olney Creek. The area under con- sideration was shown on the Vu Graph. Mr. Harris stated that the issue of the proposed General Plan amendment is whether to leave the channel of Olney Creek in its natural state or adopt one of three alternate flood-control measures to mitigate flooding. Each of the alternatives is evaluated in the Environmental Impact Report. Mr. Harris said it is the opinion of the Planning Commission and the staff that the natural channel concept is only acceptable for the strip of channel located above the ACID Canal and below Girvan Road because of existing and proposed development in said areas. Because of existing development that has already occurred between these two points, the shaped earth alternative or setback alternative is recom- mended for the Olney Creek Channel. Mr. Harris pointed out that for the portion of the flood plain, other than that illustrated as green- way, it is recommended that it be classified in a manner consistent with the adopted Cascade Neighborhood Plan. It is the staff recom- mendation that after close of the Public Hearing, the supplemental EIR be adopted, the Plan, as recommended, be approved, and the prepared resolution be adopted. The following persons responded to the issue: M.B. Christian, 2001 Jewell Lane, representing the Estate of M.V. Christian, stated that the Christian 35-acre site located at South Bonnyview and Eastside Roads, lies on both sides of Olney Creek and he desires to see the full extent of that property outlined on the map. The elderly gentleman pointed out that last summer the banks of Olney Creek in this area were all graded and the creek was put back into its original bed. He doesn't believe that Olney Creek will flood here. Planning and Community Development Director Harris noted that the Vu Graph doesn't designate property lines. Mrs. Dan Madrid, 2584 Sacramento Drive, whose property is located adjacent to Allen's Golf Course, stated that 50 ft. of her property has been washed out along with some of the golf course property. Mrs. Madrid desires relief from the flooding and is a proponent of flood controls which will accomplish same before it rains again. Public Works Director Arness advised that the City does not have plans for spot work on the creek. In looking at the Vu Graph, 188 Mr. Arness said he believes the EIR sets forth control measures for curbing the water within the heavily shaded area illustrated on the map (area adjacent to the Creek in varying widths) . Councilwoman Gard noted that cleaning the creek bed upstream may help alleviate the situation Mrs. Madrid is experiencing. Mr. Arness said that funds have not been budgeted or programmed for cleaning. Dick Gore, Westwood Construction Company, 2190 Westwood Avenue, recommended that no flood control measures be implemented upstream of the ACID Crossing. In his opinion, the channel is adequate upstream. He is in agreement with the recommendation for the remainder of the Creek. Mr. Harris replied that the plan provides for bank control measures for a distance of only 1000 ft. west of the ACID Canal. Lloyd McCants, 3025 Lakewood Drive, said that the Bonnyview drain is a problem for his property. Public Works Director Arness replied that PACE Engineering is preparing a Master Storm Drain Plan for the City which will determine the appropriate depth to transport those waters safely without flooding. He noted that this matter is not being con- sidered this evening. Ron Munk, 3168 Inverness, representing Buchanan and Buckner, stated that he represents the owner of a 20-acre parcel of property the City has plans to purchase for park land. He questioned whether his firm would have to make application to the City for a zoning change prior to development if the City is unable to purchase the land. Mr. Harris replied in the affirmative. Jim Westlake, Westlake Realty, 2510 Eureka Way, representing Russell G. Weide, who owns an 8.3 parcel of land along Olney Creek. Mr. Westlake requested substantiation for the portion of the plan that prohibits his client from developing 2.5 acres of his parcel. He noted that the proposed amendment designates a 100 ft. strip of his client's property as greenway. He questioned whether there would be a credit offered for unusable land. Mr. Harris responded that without flood control measures, the problem of flooding would preclude development. Councilman Pugh said that some area between the limits of the flood plain and the greenway will be available for development. He said that since annexation of this area to the City, the City assumed greater responsibility and is going to be certain that these areas are safe for building. Mr. Westlake asked who would be responsible for diking. Mr. Harris said that it would be up to the property owners to form an assessment district for same. Mr. Westlake asked if the City has provided any corrective measures on Olney Creek. 189 Mr. Arness responded that the City corrected an erroded area where it was losing a sanitary sewer. Mr. Westlake asked if a zoning change will be required to zone the Weide property R1-PD. Mr. Harris answered in the affirmative. He said that zoning of the area will follow after adoption of the General Plan Amendment. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes Mr. Westlake submitted a letter from Mr. Weide, datedlJuly 16, 1979, opposing the General Plan Amendment for Olney Creek, which letter is on file in the office of the City Clerk. J� MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick I, accepting Environmental Impact Report EIR-2-78, Cascade Neighborhood Plan, Supplemental Material Concerning Olney Creek, and finding that, in accordance with Section 15088 of the California Administrative Code that changes or alterations have been required and incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the final and supplemental environ- mental impact reports. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Redding Planning Commission recommendation pertaining to General Plan Amendment GPA-4-79 concerning the land use for the area adjacent to Olney Creek be approved. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-119 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-4-79, amending the Plan as to the Olney Creek Flood Plain Area. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-119 is on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application RZ-5-79, by Oak Ridge Associates Councilman Pugh abstained from discussion and voting on this item. The hour of 7:30 P.M. having arrived, Vice Mayor Fulton opened the Public Hearing re Rezoning Application RZ-5-79 by Oak Ridge Associates. The following documents are on file in the office of the City Clerk: /</q Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Co.uuuission Recommendation dated July 12, 1979 The City Clerk advised that no written protests have been received, and the Vice Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris reviewed his memo to Council dated July 12, 1979. He stated that at its meeting of June 12, 1979, the Planning Commission recommended the rezoning of 190 property located west of Mercy Hospital and south of Oak Ridge Subdivision, from "R-1" Single Family Residential District, "CO-F" Office District, and "U-F" Unclassified District to "CO-B10-F" Commercial Office District and "U-F" Unclassified District. The area was shown on the Vu Graph. Mr. Harris added that the applicant, upon reviewing the recommendation of the Planning Commission to Council, has indicated dissatisfaction because a portion of the property was left in the "U-F" Unclassified District, whereas his request was that the entire area be rezoned to "CO-B10-F" Commercial Office District. The staff recommends that Council proceed in approving the recommendation of the Planning Com- mission as stated hereinbefore noting that the matter of rezoning of the "U-F" Unclassified District portion could be reviewed at a later date by the Planning Commission. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Council makes the following findings regarding Rezoning Appli- cation RZ-5-79 by Dorr Grover, requesting rezoning of property located at 2350 Rosaline Avenue from "R-1" Single Family Residential District, "CO-F" Office District, and "U-F" Unclassified District to "CO-F" Office District: 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 15, 1979. The Vote: Unanimous Ayes with Councilman Pugh abstaining. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the recommendation of the Planning Commission and staff re Rezoning Application RZ-5-79, as hereinbefore stated. The Vote: Unanimous Ayes with Councilman Pugh abstaining Councilman Kirkpatrick offered Ordinance No. 1456 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-5-79) REDDING YELLOW CAB COMPANY - Request for Space at Redding Municipal Airport Administrative Assistant Woodrum reviewed the staff memo to Council dated July 11, 1979. He stated that the Redding Yellow Cab Company has requested that it be authorized to operate a taxicab service from Redding Municipal Airport. It is recommended by the Airports Manager that the space located directly across the parkway from the main terminal entrance be used by Redding Yellow Cab Company. This space was formerly occupied by the National Car Rental office bus. It is the recommendation of the Airports Commission that the Redding Yellow Cab Company be authorized to operate from Redding Municipal Airport for a permit fee of $25.00 and a monthly space charge of $20.00. Councilman Pugh questioned whether the present limousine operator was notified of this item being considered by Council tonight. Mr. Woodrum answered in the affirmative. ._ - - 191 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated recommendation of the Airports Commission and instructing the City Attorney to prepare the necessary permit. The Vote: Unanimous Ayes ACCEPTANCE OF IMPROVEMENTS - The Bluffs, Planned Development Councilman Pugh abstained from discussion and voting on this item Public Works Director Arness reviewed his staff memo to Council dated June 28, 1979. He stated that there is some uncertainty as to the official status of the maintenance and operation of the sewer and water utilities that have been installed within the three units of The Bluffs, Planned Development. He said this development is located on the west side of Bechelli Lane north of Cypress and was developed over a four-year period. The final maps on. Unit Nos. 1, 2 and 3 were accepted and recorded in October 1974, September 1976, and April 1978 and in only one of the recommendations for acceptance of the map is reference made to the acceptance of the utilities for mainte- nance. Mr. Arness advised that the utilities were installed for Unit Nos. 1 and 2 at the time that Unit No. 1 was developed and installed for Unit I No. 3 in conjunction with the construction of that unit. All utilities / 0 are located in the roadways within the development over which the City has an easement for access and maintenance purposes. It is the Department recommendation that all sewer, water and electric utilities within The Bluffs, Planned Development, Unit Nos. 1, 2 and 3 be accepted for mainte- nance and operation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard accepting all sewer, water and electric utilities for maintenance and operation within The Bluffs, Planned Development, Unit Nos. 1, 2 and 3. The Vote: Unanimous Ayes with Councilman Pugh abstaining ACCEPTANCE OF IMPROVEMENTS - Del Mar Gardens, Planned Development Public Works Director Arness reviewed his staff memo to Council dated June 28, 1979. He stated that the City Clerk has indicated that her records show that the City has never officially accepted the sewer and water utility installations in the Del Mar Garden, Planned Development. This development is located between the Benton Tract Subdivision and the Southern Pacific Railroad trestle. The final map was accepted and recordedin April 1976 IU and the work proceeded thereafter. All sewer and water systems within the development were satisfactorily tested in September of that year. These utilities are located within the roadways within this development over which the City has an easement for access and maintenance purposes. It is the Department recommendation that all sewer and water utilities within the Del Mar Gardens, Planned Development be accepted for mainte- nance and operation. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting all sewer and water utilities for maintenance and operation within the Del Mar Gardens, Planned Development. The Vote: Unanimous Ayes ACCEPTANCE OF FINAL MAP - Forest Hills Subdivision At the request of the Public Works Director, this item was not considered 10 j) this evening. 11 ACCEPTANCE OF FINAL MAP - Clover Creek Estates Subdivision At the request of the Public Works Director, this item was not considered r this evening. � C' NOTICE OF COMPTRTION - Improvements on Grove Street and Bechelli Lane Councilman Kirkpatrick abstained from discussion and voting on this item) MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh accepting YL construction of improvements on Grove Street and Bechelli Lane, Bid ..._-_. _ ..__ _., ... __..... .. -J 192 Schedule No. 1093, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes with } Councilman Kirkpatrick abstaining EXTENSION OF PERMIT - Shasta Kart Klub MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the extension of the Permit between the City of Redding and the Shasta Kart Klub re facilities at Redding Municipal Airport and authorizing the Mayor to sign same on behalf of the City of Redding. The Vote: Unani- mous Ayes PERMIT - Redding Dragstrip Association MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the Permit between the City of Redding and the Redding Dragstrip Associ- ation\� re facilities at Redding Municipal Airport and authorizing the Mayor to sign same on behalf of the City of Redding. The Vote: Unanimous Ayes AGREEMENT - Frank M. Booth, Inc. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving �� the Agreement between the City of Redding and Frank M. Booth, Inc. for air conditioning maintenance service at the Redding Civic Auditorium and author- \J izing the Mayor to sign same on behalf of the City of Redding. The Vote: Unanimous Ayes ORDINANCE - Fire Zones City Attorney Murphy advised Council that in the 1979 Uniform Building Code there are no provisions for fire zones within any city. Therefore, it is recommended that Ordinance No. 1457 be adopted repealing Chapter 16.20 � of the Municipal Code pertaining to fire zones. Councilman Pugh offered Ordinance No. 1457 for first reading, an ordinance of the City Council of the City of Redding amending Title 16 of the Redding If Municipal Code by repealing Chapter 16.20, pertaining to fire zones. RESOLUTION - Churn Creek Road MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Council makes the following findings regarding the proposal by the City of Redding to change the name of "Canby Road" to "Churn Creek Road" between East Cypress Avenue and Mistletoe Lane: 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 December 12, 1978. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-120 be adopted, a resolution of the City Council of the City of Redding renaming a certain street in the City of Redding "Churn Creek Road." Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-120 is on file in the office of the City Clerk. RESOLUTION - East Cypress Avenue MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Council makes the following findings regarding the proposal by the City of Redding, at the request of 22 merchants and property owners, to rename Lawncrest Road to East Cypress Avenue: • 193 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, III and, ratifies the Negative Declaration approved by the Board of Adminis- trative Review on October 24, 1978. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-121 be adopted, a resolution of the City Council of the City of Redding renaming a certain street in thI City of Redding "East Cypress Avenue." Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-121 is on file in the office of the City Clerk. ASSIGNMENT OF LEASE - Golden Eagle Airlines to WestAir Commuter Airlines, Inc. Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the Assignment of the Lease Agreement with Golden Eagle Air- lines to WestAir Commuter Airlines, Inc. re certain leasehold interest at Redding Municipal Airport and authorizing the Mayor to execute same. The Vote: Unanimous Ayes with Councilman Pugh abstaining III PUBLIC HEARING - Chestnut Street Assessment District No. 1979-1 The hour of 7:30 P.M. having arrived, Vice Mayor Fulton opened the Public Hearing re Chestnut Street Assessment District No. 1979-1. The following document is on file in the offic' of the City Clerk: Affidavit of Publication - Notice of Public Hearing The City Clerk advised Council that one writte protest had been received from Harry E. Hazeltine, dated July l , 1979. Said protest was read to those present and is on file in the office of the City Clerk. Mr. Hazeltine's letter points out that two of the conditions j of approval for Lot Split Application LS-84-77 by Frank Giordano require the installation of curb, gutter and catch basin and that drainage from the street be piped underground from the street per Public Works Department specifications. He said it is his under- standing that the referenced conditions are included within this assessment district. He indicates that if this information is correct, he desires that each participant in the district be assessed only for that portion of improvement benefiting him. Associate Civil Engineer Hastings said that Mr. Hazeltine makes reference to a lot split that was approved during the formation of this assessment district. He said that the curb, gutter and catch basin and installation of a portion of the storm drain have been completed and that the subject three lots show a credit because of the existing improvements. Mr. Hastings indicated that it is common practice to make assessment spreads and give credits for City standards that have been met by prior installation. He pointed out that the money expended for that work is not a part of this assessment district and Mr. Hazeltine is not being assessed for any part of it. 194 Tony Trusas, 2355 Chestnut Street, indicated that he is in favor of the assessment district. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes Mr. Sam Sperry of Sturgis, Ness and Brunsell, City of Redding Bond Counsel, submitted the following documents for adoption: Resolution - Overruling Protests MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-122 be adopted, a resolution overruling protests in Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-122 is on file in the office of the City Clerk. Resolution - Approving Amended Engineer's Report and Ordering Assessment MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-123 be adopted, a resolution approving report and assessment and ordering improvement, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-123 is on file in the office of the City Clerk. Resolution - Authorizing Change Orders MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-124 be adopted, a resolution authorizing change orders, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-124 is on file in the office of the City Clerk. Resolution - Authorizing In Rem Validation Proceedings MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-125 be adopted, a resolution authorizing In Rem Validation proceedings, Chestnut Street Assessment District No. 1979-1, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-125 is on file in the office of the City Clerk. ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses \(1� Berberian Bros. , Inc. , 1400 Belt Line Road Pizza Hut, Southeast corner of Middleton Lane and Hartnell Avenue Doc's Skyroom, 10 Hilltop Drive 195 ADJOURNMENT There being no further business, at the hour of 8:35 p.m. , the meeting was adjourned to 4:30 p.m. , Wednesday, July 18, 1979. APPROVED: ATTEST: Vice Mayor �'�_CeLLL j A C'i ty Clerk - City Council, Adjouried Regular Meeting Police Dept. & Counc 1 Chambers Redding, California July 18, 1979 The meeting was called to order at 4:30 p.m. by Vice Mayor Fulton with the following Council Members present: Gard, Kirkpatrick, and :'ugh. Absent: Mayor Demsher Also present were Director of Public Works Arness, Directo. of Planning and Community Development Harris, and City Clerk Brayton. RESOLUTION - 1977 Electric System Improvement Bonds Council was advised that the successful bidder on the $5,000,000 City of Redding 1977 Electric System Improvement Bonds, Series B, as United California Bank. The net interest cost is $4,606,012.50 w ich represents a net interest rate of 5.718203%. Members of Council expressed their satisfaction with the f.:vorable interest rate as it had been indicated the rate could be between 6% and 8%. P MOTION: Made by Councilman Pugh, seconded by Councilwoman Card that -)(2\� Resolution No. 79-126 be adopted, a resolution of the City Council of the City of Redding selling $5,000,000 principal amount of "Ci y of Redding 1977 Electric System Improvement Bonds, Series B," and fix ng the definitive rates of interest thereon. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Felton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-126 is on file in the office of the City Clerk. ACCEPTANCE OF FINAL MAP - Forest Hills Ranchettes Subdivis on MOTION: Made by Councilman Pugh, seconded by Councilman Ki kpatrick that the Final Map, Forest Hills Ranchettes Subdivision, be acc:pted, that the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk ) j} be instructed to record the map with the Shasta County Recorder upon the approval of all data by the City Attorney. The Vote: Unan mous Ayes ADJOURNMENT There being no further business, at the hour of 4:45 p.m. , Vice Mayor Fulton declared the meeting adjourned to 12:00 Noon, Tuesday, July 24, 1979. APPROVED: /44 d!,e..e—gs.iA--- evw ATTEST: Vice Mayor 7 i ,) /,.a 4 City Clerk J i 3