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HomeMy WebLinkAboutMinutes - City Council - 1979-08-06 199 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California August 6, 1979 { The Pledge of Allegiance to the Flag was led by Electric Director Simpson. The invocation was offered by the Reverend Charles Mellor, Pastor of the Seventh Day Adventist Church. The meeting was called to order at 7:00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness, Planning and Community Development Director Harris, Electric Director Simpson, Deputy Planning Director Perry, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Associate Civil Engineer Hastings, Associate Civil Engineer Mathis, Traffic Engineer Hamilton, Airports Manager McCall, Building Official Voges, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the minutes of the regular meeting of July 16, 1979, and the adjourned regular meetings of July 18 and July 30, 1979. The Vote: Unani- mous Ayes WRITTEN COMMUNICATIONS Auburn Layton In a communication to Council dated July 19, 1979, Auburn Layton, 3261 Bechelli Lane, protested City Council Ordinance No. 1453 pertaining to Water, Ordinance No. 1454 pertaining to Sewers, and Ordinance No. 1455 re Construction Taxes. He said he understands there are no provisions in these ordinances for refund of development fees paid in excess of the charges set forth, which will become effective August 15, 1979. He advised that he paid development fees on September 19, 1978, and asked that Council reconsider this matter involving refunds. City Attorney Murphy noted that refunds are not provided for in said ordinances and previous suits pertaining to development fees are still in litigation. Mr. Murphy advised that a new attorney has been appointed by the court and he is presently examining a mechanism for settlement. He also advised that just this evening, Attorney Marshall Mayer has served the City with papers on mandamus pro- ceedings on the new sewer and water ordinances. Mr. Murphy said that due to these problems, it is his recommendation that Council take no action on this communication at the present time. Mayor Demsher said that Council is aware of the problems involved, and requested that the City Attorney advise Mr. Layton of same. James W. Harrison, Jr. - Request for Sewers on Twin View Boulevard In a communication to Council dated July 23, 1979, James W. Harrison, Jr. pointed out that the lack of sewers on North Twin View Boulevard has become a serious problem. He noted that the lack of sewers compels residents to pump their septic tanks on a regular basis and causes a great deal of maintenance and inconvenience. He pointed I 200 out that there is considerable new development in this area and that many older businesses wish to expand, but that the lack of sewers makes it impossible. Councilwoman Gard asked how far it was to the nearest existing sewer line. Public Works Director Arness noted that presently the nearest existing line is three miles away. He pointed out, however, that Council will be considering an item later this evening, Annexation No. 79-11 (Oasis } Road) , which could ultimately bring the sewer line within one-half mile of Twin View Boulevard. ( With the concurrence of Council, Mayor Demsher referred this matter to staff for study and recommendation. Kelly Combs A communication was received from Kelly Combs submitting his resignation as a member of the Traffic and Parking Commission. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard accepting the resignation of Mr. Combs. The Vote: Unanimous Ayes Empire Hotel and Phoenix House In a communication to Council dated July 16, 1979, Norman Williams, Director of the Empire Hotel Alcoholic Rehabilitation Center, and Robert Bernelle, Director of the Phoenix House, urged Council adoption of a resolution supporting enabling legislation that would generate revenues to fund alcoholic rehabilitation in Redding and Shasta County. The communication pointed out that proposed budget cuts in Shasta County's alcoholism budget threaten to drastically diminish services. I � Pat Pry of the Empire Hotel, appeared before Council, and stated that they are seeking a reliable source of funding for next year. He said that the resolution calls for fees to be added to fines for alcohol- related offenses which would go toward the support of alcoholic reha- bilitation and would be a step toward stabilizing said centers in Redding and Shasta County. He said that the fees derived locally would be utilized locally. He noted that the Shasta County Board of Supervisors has indicated it will request its State organization, CSAC, to support this enabling legislation which requires State approval. He pointed out that this is a long-range program for a reliable means of funding and urged Council support. Mayor Demsher thanked Mr. Pry for his presentation, and with the approval of Council, referred the matter to staff for study and recom- mendation on August 20, 1979. Asphalt Cowboys - Request to Sell Beer at Annual Barbecue In a communication to Council dated July 31, 1979, the Asphalt Cowboys { request permission to sell beer at their Annual Barbecue to be held in Lake Redding Park on Sunday, September 9, 1979. In a communication to Council dated July 31, 1979, the Redding Parks and Recreation Commission recommends that this request be denied. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the aforestated request of the Asphalt Cowboys to sell beer at their Annual Barbecue to be held in Lake Redding Park on Sunday, September 9, 1979. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Gard Absent: Council Members - None { 201 { CALIFORNIA-MARKET STREET STORM DRAIN ASSESSMENT DISTRICT NO. 1979-3 Associate Civil Engineer Mathis advised Council that signatures had been received from 63% of the property owners in the area designated for the California-Market Street Storm Drain Assessment District. He noted that this assessment district is for completion of a storm drain project between California and Market Streets as indicated on the boundary map. The following documents were submitted on behalf of Bond Counsel for filing and adoption relative to California-Market Street Storm Drain Assessment District No. 1979-3: Petition Certificate re Petition RESOLUTION - Accepting Petition MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-128 be adopted, a resolution accepting petitions in California-Market Street Storm Drain Assessment District No. 1979-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-128 is on file in the office of the City Clerk. Boundary Map RESOLUTION - Approving Boundary Map MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-129 be adopted, a resolution approving Boundary Map, California-Market Street Storm Drain Assessment District No. 1979-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-129 is on file in the office of the City Clerk. RESOLUTION - Appointing Special Bond Counsel MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-130 be adopted, a resolution approving agreement for Legal services and authorizing execution of agreement, California- Market Street Storm Drain Assessment District No. 1979-3, City of Redding. Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-130 is on file in the office of the City Clerk. RESOLUTION - of Intention MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-131 be adopted, a resolution of intention to order improvements in California-Market Street Storm Drain Assessment District No. 1979-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-131 is on file in the office of the City Clerk. 202 Engineer's Report • RESOLUTION - Accepting Report and Setting Protest Hearing MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-132 be adopted, a resolution accepting report and setting hearing of protests, California-Market Street Storm Drain Assessment District No. 1979-3, City of Redding, Shasta County, California. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-132 is on file in the office of the City Clerk. The Protest Hearing was set for 7:30 P.M. , September 17, 1979. Notice of Improvement RESOLUTION - Calling for Construction Bids MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-133 be adopted, a resolution calling for con- struction bids, California-Market Street Storm Drain Assessment District No. 1979-3. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-133 is on file in the office of the City Clerk. Notice Inviting Sealed Bids APPOINTMENT - Planning Commission ylJt•` MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the appointment of Kelly Combs as a member of the Planning Commission to fill the term of Delmar Williamson which will expire in May 1983. The Vote: Unanimous Ayes APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 2, check nos. 64641 to 65086, inclusive, in the amount of $7,448,561.09 be approved and paid, and that Payroll Register No. 2, check nos. 116632 to 117187, inclusive, salaries in the ° amount of $324,989.84 for the period July 8, 1979, through July 21, 1979, be approved. Total $7,773,550.93 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None TREASURER'S REPORT Councilman Pugh submitted the Treasurer's Report as of June 30, 1979 1 \- () which which showed the Treasurer's Accountability to be $13,152,001.70. CLAIMS FOR DAMAGE - 1st hearing Joseph Peter Simini - Claim filed 7/11/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Joseph Peter Simini on July 11, 1979 be referred to the City Insurance Committee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 4, 1979. The Vote: Unanimous Ayes 203 Ramona's Restaurant - Claim filed 7/11/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Ramona's Restaurant on July 11, 1979 1 be referred to the City Attorney and the City Insurance Carrier, and 1 3 that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 4, 1979. The Vote: Unanimous Ayes John X. Murphy - Claim filed 7/12/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by John X. Murphy on July 12, 1979 be referred to the City Attorney and the City Insurance Carrier, and that is j the City Clerk be instructed to place the Claim on the agenda for the meeting of September 4, 1979. The Vote: Unanimous Ayes Hugh R. Tenney - Claim filed 7/23/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Hugh R. Tenney on July 23, 1979 be referred to the City Insurance Committee and that the City Clerk be � ? instructed to place the Claim on the agenda for the meeting of September 4, 1979. The Vote: Unanimous Ayes Lee O. Hunt - Claim filed 7/26/79 Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Claim for Damage filed by Lee O. Hunt on July 26, 1979 be 1 :23 denied, that the claimant be so advised, and the matter be referred to Redding Youth Baseball. The Vote: Unanimous Ayes with Councilman Pugh abstaining Adrienne Jacoby - Claim filed 8/1/79 Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Damage filed by Adrienne Jacoby on August 1, 1979 be denied, that the claimant be so advised, and the matter be referred ) 3 to Redding Youth Baseball. The Vote: Unanimous Ayes with Councilman Pugh abstaining CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Richard J. Asbill, Attorney, on behalf of Robert W. Richilieu - Claim filed 6/22/79 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Claim for Damages filed by Richard J. Asbill, on behalf of 3 Robert W. Richilieu on June 22, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Reese and Halkides, Attorneys, on behalf of Daniel Wayne Thompson- Claim filed 6/18/79 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Claim for Personal Injury filed by Reese and Halkides, Attorneys, on behalf of Daniel Wayne Thompson on June 18, 1979, be denied and that the claimant be so advised. The Vote: Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Murphy advised Council that the City has been served with the following Summons and Complaints: 1) Raymond E. and Estelle M. Cosby vs. Edwin Allen Rude, City of ) 3 Redding et al 2) David Lee McGeorge vs. City of Redding et al ) 2 3 These matters have been referred to the City Insurance Carrier. 1 204 ORDINANCE - re Rezoning Application No. RZ-5-79 Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1456 be waived, and that the City Attorney be insturcted to scan same. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Ordinance No. 1456 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-5-79) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Ordinance No. 1456 is on file in the office of the City Clerk. ORDINANCE - Fire Zones MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that full reading of Ordinance No. 1457 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. 1457 be adopted, an ordinance of the City Council of the �1�\ City of Redding amending Title 16 of the Redding Municipal Code by repealing Chapter 16.20, pertaining to Fire Zones. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1457 is on file in the office of the City Clerk. LAKE REDDING POWER PROJECT - Grant Application Assistant City Manager Courtney reviewed the staff memo to Council dated August 1, 1979. He stated that the Department of Energy is accepting applications for construction grants in the amount of $2,500,000 for low head hydroelectric power projects. Mr. Courtney advised that the Lake Redding Project is eligible for this grant; however, the City's application will be competing with many others. The estimated cost to file the appli- cation is $3,500 and funds have been budgeted in the 1979-80 budget for this project. It is the staff recommendation that Council authorize the staff to file the application and authorize the City Manager to sign all necessary documents. Councilwoman Gard asked if the City received the grant and the price for construction, etc. , skyrocketed, would the City still be required to go ahead with the project. Electric Director Simpson replied that this action will not obligate the City in any way. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick authorizing the staff to file an application with the Department of Energy as hereinbefore outlined, and authorizing the City Manager to execute all necessary documents. The Vote: Unanimous Ayes 205 ANNEXATION NO. 79-7 - by Nick Zagaris Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that at an adjourned regular meeting on July 18, 1979, the Local Agency Formation Commission approved Annexation No. 79-7 which consists of approximately nineteen acres located east of Alta Mesa Drive, north of El Verano Street, and west of Saratoga Drive. The area was shown on the Vu Graph. Mr. Harris noted that since LAFCO waived the protest hearing, the next step in the process is consider- ation by Council and adoption of a resolution ordering annexation. It is the staff recommendation that the prepared resolution be adopted. G �� MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-134 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory designated "Enterprise Annex No. 79-7" to the City of Redding. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-134 is on file in the office of the City Clerk. ANNEXATION NO. 79-8 - by Gary Stoke Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that at an adjourned regular meeting on July 18, 1979, the Local Agency Formation Commission approved Annexation No. 79-8, consisting of approximately seventy-six acres located south of Cypress Avenue, east of Henderson Road, and north of the Henderson (� ditch. The area was shown on the Vu Graph. Mr. Harris advised that the next step in the procedure is to hold a protest hearing, as less than 100 percent of the property owners signed the petition. It is the staff recommendation that Council adopt the prepared resolution setting the protest hearing for September 17, 1979. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-135 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annexation to the City of Redding of uninhabited territory described therein and designated "Enterprise Annex No. 79-8" and giving notice of time and place for hearing protests thereto. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-135 is on file in the office of the City Clerk. The Protest Hearing was set for 7:30 P.M. , September 17, 1979. ANNEXATION NO. 79-11 - Oasis Road Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that at its July 16, 1979, meeting, Council directed staff to prepare the application and the ) resolution for commencement of annexation proceedings for Annexation No. 79-11. The proposed 203-acre annexation was shown on the Vu Graph. It is the staff recommendation that the prepared resolution be adopted // commencing annexation proceedings. Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 79-136 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings 206 and applying to LAFCO for approval of the annexation to the City of Redding of uninhabited territory designated "City of Redding Annexation No. 79-11", (Eakens - Oasis Road) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-136 is on file in the office of the City Clerk. ANNEXATION NO. 79-13 - Churn Creek Island Councilman Pugh abstained from discussion and voting on this item. Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that several property owners in the El Portal Avenue and Churn Creek Road area have indicated an interest in annexation to the City. The proposed 99.5-acre peninsula 125 annexation was shown on the Vu Graph. Mr. Harris advised that this area qualifies as an island annexation under the new statutes, and it is the staff opinion that annexation would create a more logical City boundary and alleviate confusion over services and jurisdiction within the area. It is the staff recommendation that the prepared resolution commencing annexation proceedings be adopted and that the application be sent to the Local Agency Formation Commission for processing. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-137 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding of island territory designated "City of Redding Annexation No. 79-13" , (Churn Creek Island) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh. Resolution No. 79-137 is on file in the office of the City Clerk. ANNEXATION NO. 79-15 - Quartz Hill Road Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that Humboldt Financial Services Corporation, developers of the Lake Redding Estates Subdivision, and August Tagliaferri have requested the annexation of approximately 3.5 acres of -� 1(\ land adjacent to Lake Redding Estates Subdivision, Unit No. 3, in order to meet the access requiements of the development. The area was shown on the Vu Graph. It is the staff recommendation that the prepared resolution be adopted commencing annexation proceedings. Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-138 be adopted, a resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of the annexation to the City of Redding PP of uninhabited territory designated "City of Redding Annexation No. 79-15" (Quartz Hill Road) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-138 is on file in the office of the City Clerk. 1 207 AMENDMENT TO CONTRACT - Planning Consultant Services Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that in order to carry on the program approved in the Community Development budget and the Planning Department budget, it is necessary to amend the contract with Lyle Stewart. Mr. Harris submitted a copy of the Scope of Services to Council Members. It is recommended that Council approve the amended contract and authorize the City Manager to sign the letter-contract amendment. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the amended Contract between the City of Redding and Lyle Stewart per- taining to Planning Consultant Services, and authorizing the City Manager to sign the letter-contract amendment. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning Reports for August 1979. In relation to the City's Litter Control Program, Mr. Arness commended the Opportunity Center for doing a good job; however, indicated disap- pointment as to how rapidly a clean area shows signs of new litter. JOINT WATER FACILITIES PLAN Public Works Director Arness submitted a Joint Water Facilities Plan prepared by W. A. Gelonek and Affiliates for the Shasta Dam Public Utilities District, City of Redding, Bureau of Reclamation, and the _ Shasta County Department of Water Resources. He stated that at the 3 August 20 Council meeting, staff will make a formal recommendation on this Plan. Copies of said Plan were distributed to Council Members for their perusal prior to August 20, 1979. 111 LEASE OF TWIN VIEW SEWAGE TREATMENT PONDS Public Works Director Arness reviewed his memo to Council dated July 19, 1979, which memo is hereby made a part of these minutes by reference. Mr. Arness advised that William Hazeleur, Manager of the Shasta Mosquito Abatement District has suggested the possibility of his organization utilizing the Twin View Sewer ponds, when abandoned, for experimenting with the rearing of mosquito-eating fish. Mr. Arness said it is his recommendation that Council approve said use of the ponds and that the �IL� City enter into a lease agreement with them subject to the general conditions outlined in his staff memo to Council. Councilwoman Gard noted that some questions had been pencilled in on the letter from Mr. Hazeleur to Carl Arness and asked if they had been resolved. City Attorney Murphy replied that the questions will be worked out in the lease agreement when he prepares it. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick authorizing the City Attorney to prepare a lease agreement between the City of Redding and the Shasta Mosquito Abatement District for use of the Twin View Sewer Treatment Ponds, and authorizing the City Manager to execute same. The Vote: Unanimous Ayes COOPERATIVE AGREEMENT - Airport Master Sewer Plan Public Works Director Arness recommended that the Cooperative Agreement prepared by the U.S. Forest Service pertaining to the Airport Master Sewer Plan be approved and that the Mayor be authorized to execute same. l� � Mr. Arness noted that the scope of work has not been developed; however, it is anticipated that the area to be studied will be north of Anderson and east of the Sacramento River with Stillwater Creek and Churn Creek 208 being the east-west limits. Subsequent to development of the scope of work, consultants will be interviewed and the City of Redding will negotiate the contract. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the Cooperative Agreement between the City of Redding and the U.S. Forest Service pertaining to the Airport Master Sewer Plan and authorizing the Mayor to execute same. The Vote: Unanimous Ayes PUBLIC HEARING - Rezoning Application RZ-2-79 The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Rezoning Application RZ-2-79, by Dennis Boyle et al. 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 August 1, 1979 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. 1\ Planning and Community Development Director Harris reviewed his 1L\ memo to Council dated August 1, 1979, which memo is hereby made a part of these minutes by reference. He stated that at its meeting of May 15, 1979, the Planning Commission unanimously 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, "R3-30-F" Multiple Family District and "R-2" Duplex District. The location of the property, and the existing and proposed zoning were depicted on the Vu Graph. Mr. Harris said it is the Commission and staff recommendation that the rezoning be approved subject to the site-plan review criteria as outlined in the Planning Commission recommendation dated August 1, 1979. If Council concurs, it is recommended that the Negative Declaration be ratified, the Commission recommendation be approved, and the prepared ordinance be offered for first reading. Councilwoman Gard questioned whether there would be any legal entanglements because of additional residential development in a district where there is overcrowding in the schools. Mr. Harris advised that this rezoning application has been delayed for several months pending action to resolve the overcrowded school issue. He noted that an item later on the agenda recommends that Council reaffirm its action in connection with the findings per- taining to the Buckeye School District and if Council approves the recommendation, the issue will have been dealt with. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Rezoning Application RZ-2-79 by Dennis Boyle: 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; • 209 4. Project is compatible with the Code of the City of Redding, California; 5. Project is compatible with the "C2-B10" zoning district requirements; and, ratifies the Negative Declaration approved by the Board of Administrative Review on March 7, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Commission and staff re RZ-2-79. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1458 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-2-79) PUBLIC HEARING - Rezoning Application RZ-4-79 Councilman Pugh abstained from discussion and voting on this item. The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Rezoning Application RZ-4-79 by Gary Drumm. 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 August 1, 1979 The City Clerk advised Council that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 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 mobilehome parks to "Rl-ST" Single Family Residential District permitting mobilehomes on individual lots. The location of the property was shown on the Vu Graph. It is the recommendation of both the Commission and the staff that the property be rezoned to "R1-ST" and "U-F" with the site-plan review criteria of the "U-F" District to stipulate the following: Ravine area is not to be developed and is to be retained open space If Council concurs, it is recommended that the Negative Declaration be ratified, the rezoning be approved, and that the City Attorney be instructed to prepare the necessary ordinance. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton 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 No. RZ-4-79, by the City of Redding and Gary Drumm et al: 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; 210 4. Project is compatible with the Code of the City of Redding, California; 5. Project is compatible with the "Rl-ST" zoning District require- ments and "U-F" zoning district requirements, and, ratifies the Negative Declaration approved by the Board of Administrative Review on April 12, 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 RZ-4-79, and instructing the City Attorney to prepare the necessary ordinance. The Vote: Unanimous Ayes with Councilman Pugh abstaining PUBLIC HEARING - Enterprise Annexation No. 79-4 (Barcaglia) The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Enterprise Annexation No. 79-4. 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 Commission Recommendation dated August 1, 1979 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Harris reviewed his 111 memo to Council dated August 1, 1979. He stated that at an adjourned regular meeting on June 13, 1979, the Local Agency Formation Commission approved Enterprise Annexation No. 79-4, consisting of approximately 13 acres located south of Cypress Avenue and east of the Sacramento River. The area was depicted on the Vu Graph. Mr. Harris said the protest hearing has been scheduled for this evening as less than 100 percent of the property owners signed the petition. To date, no protests have been received. It is the staff recommendation that Council adopt the prepared resolution overruling any protests and { that the resolution ordering annexation of the property be adopted. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-139 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. 79-4. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-139 is on file in the office of the City Clerk. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-140 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain uninhabited territory designated Enterprise Annex No. 79-4, to the City of Redding. , 211 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-140 is on file in the office of the City Clerk. PUBLIC HEARING - Enterprise Annexation No. 79-5 Planning and Community Development Director Harris abstained from discussion on this item as he felt there might be a conflict of interest. The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Enterprise Annexation No. 79-5. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Affidavits of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Department Recommendation dated August 1, 1979 The City Clerk advised Council that no written protests have been received, and the Mayor ascertained that there were no protests from the floor. Deputy Planning Director Perry advised Council that since approval S i of the annexation by the Local Agency Formation Commission and setting of the protest hearing, it has been determined that there was a procedural error in processing this application. It is recommended that the protest hearing be closed, that the application be separated into two separate annexations as originally proposed, that the CEQA process be completed for each of the annexations, and that the items be referred back to LAFCO for consideration. Mr. Perry added that a letter was received today from persons in the lower portion of the proposed annexation (Churn Creek area) , • requesting withdrawal from the annexation. It is intended that this letter accompany the pertinent application to be referred back to LAFCO. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation as stated hereinbefore. The Vote: Unanimous Ayes PUBLIC HEARING - Abandonment Application A-2-79, by Grandview Nursery The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Abandonment Application A-2-79, by Grandview Nursery. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing The City Clerk advised Council that no written protests have been • received, and the Mayor ascertained that there were no protests from the floor. 212 Planning and Community Development Director Harris reviewed his memo to Council dated August 1, 1979. He stated that at its meeting of July 10, 1979, the Planning Commission unanimously recommended the abandonment of a ten-foot-wide strip of right of way on Court Street, north of Grandview Avenue. Mr. Harris advised that Court Street, north of Grandview Avenue, has a right of way width of 80 feet, but has been developed based on a 60-foot right of way. According to the Public Works Department, the excess right of way is not needed for street purposes. If abandoned, the land would revert back to the adjacent property owners. Within the subject area is a Pacific Gas and Electric Company gas line and a 24-inch storm drain. It is the recommendation of the Planning Commission and staff that the easterly ten feet of the right of way be vacated subject to the retention of a utility easement. If Council concurs, it is recommended that the prepared resolution be adopted. 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. 79-141 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Court Street north of Grandview Avenue. (A-2-79) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-141 is on file in the office of the City Clerk. ACCEPTANCE OF GRANT DEED - Portion of Olive Avenue ti Public Works Director Arness reviewed his memo to Council dated July 27, 1979 concerning a grant deed recorded on April 29, 1957, in Book 530 of Official Records, at Page 42. Said deed, which was recorded at the request of David Hinds in favor of the City of Redding, covers a portion of Olive Avenue north of Gold Street. In 1936, Olive Avenue, at this location was abandoned or closed and it reverted back to the Roman Catholic Church; said 7L, Church in turn conveyed it to the City. An official acceptance was never executed and recorded at that time. Mr. Arness said that acceptance would •l give the City fee title to this strip of land and would provide public access to two parcels of land that are now landlocked. The 60 foot right of way will be used for ingress and egress for Assessor's Parcel Nos. 105-510-12 and 14. The area was shown on the Vu Graph. Mr. Arness said the City does not plan to construct, improve, or maintain this strip of land. It is the recommendation of the Department of Public Works that said grant deed be accepted by the City. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works. The Vote: Unanimous Ayes ENGINEERING SERVICES CONTRACT FOR WATER TREATMENT FACILITIES - Amendment No. 2 Public Works Director Arness reviewed his memo to Council dated July 27, 1979. He stated that the letter from CH2M Hill dated June 12, 1979, attached to his memo, re Amendment No. 2 to the agreement pertaining to Engineering Services for the Water Treatment Facilities between the City of Redding and CH2M Hill, defines seven different task areas. It is the recommendation of the Public Works Department that the contract be modified to include the"preconstruction services" in the amount of $18,000. 213 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the aforestated recommendation of the Department of Public Works. The Vote: Unanimous Ayes CONTRACT AMENDMENT - Redding Regional Wastewater System Public Works Director Arness reviewed his memo to Council dated July 31, 1979. He stated that the Agreement between the City of Redding and CH2M Hill, providing for engineering services covering Steps 1 and 2 of the Redding Regional Wastewater System, dated August 27, 1976, was subsequently expanded by Task Order No. 9, dated August 4, 1977, providing for Step 3 engineering services. A review of the total engineering services expendi- tures to date and those to be incurred, indicate that the cost estimates projected under Task Order No. 9 need to be adjusted. The final projected costs for the treatment plant and the lift station are less than the cost ceiling set in Task Order No. 9, while the actual final engineering cost for the interceptor exceeds the ceiling set in said Task Order resulting in an overrun of the total cost estimate of Task Order No. 9 of approximately $15,000. The additional engineering costs incurred for the interceptor project resulted from approximately a 20 percent increase in the time required to complete the project due to the excessively rainy winter of 1977-78. Mr. Arness noted that this increase is grant j eligible. He added that future requests for an increase of the total 3 C '7 cost ceiling for engineering services are not anticipated. It is the Department recommendation that Council approve Amendment to the Authorization of Engineering Services, Task Order No. 9, between the City of Redding and CH2M Hill, and that the City Manager be authorized to execute same. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Public Works Department. The Vote: Unanimous Ayes LAKE REDDING ESTATES SUBDIVISION, UNIT NO. 1B - Acceptance of Final Map Public Works Director Arness reviewed his memo to Council dated July 31, 1979. Lake Redding Estates Subdivision, Unit No. 1B, located northof the Sacramento River and west of Benton Drive, was shown on the Vu Graph. Mr. Arness noted that this unit is contiguous to Unit No. 1A, along its northerly and westerly boundaries. This subdivision is being developed by Humboldt Financial Services Corporation who has submitted all required data, has filed the subdivision agreement, and has submitted a rider from its bonding company amending the subdivision bond for Unit No. lA to include Unit 1B. Mr. Arness said that the amount of securities required to complete the work for Unit No. 1B is $1,044,000 and the developer has completed approximately 45% of the improvements in Unit No. 1A, which amount to approximately $1,100,000; therefore, the original $2,600,000 -07, security is adequate to cover the remaining work in Unit Nos. lA and 1B. Mr. Arness said that the developer has also been informed that no occupancy permits will be granted for residences constructed on the lots within this unit until all subdivision improvements have been completed and accepted, or until the developer submits development schedules to the satisfaction of the Public Works Department showing that completed portions of the subdivision can be isolated from the construction of the remaining portions. Mr. Arness noted that the developer has submitted a time schedule showing that the section of road - Quartz Hill Road from Market Street (Hwy. 273) to Benton Drive - will be completed by November 1, 1979. It is the staff recommendation that Council accept the final map of Lake Redding Estates Subdivision, Unit No. 1B, instruct the City Clerk to file the map with the Shasta County Recorder, approve the Subdivision Agreement, and authorize the Mayor to sign same. • 1 214 City Attorney Murphy said he concurs in the recommendation. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation. The Vote: Unanimous Ayes TEHAMA AND MARKET STREET SIGNAL TIMING Public Works Director Arness reviewed his memo to Council dated July 31, 1979. At the July 16, 1979, Council meeting, a communciation from Beulah Johnson pertaining to the signal timing at the intersection of Tehama and Market Streets at the north end of the Downtown Mall was referred to staff. Mr. Arness reported that because the intersection is a State Highway, he checked with Caltrans and they, in turn, contacted Mrs. Johnson and explained to her the reason for the present timing and the meaning of the pedestrian signal displays, which are as follows: Green "WALK": 7.2 seconds, during which pedestrians may ti leave the curb Flashing Red "WAIT" : 11.5 seconds, a clearance period to permit �� the last pedestrian who has left the curb to complete the crossing Solid Red "WAIT" : displayed 3 seconds before and during the vehicle interval Mr. Arness said that there is no record of a pedestrian accident at this intersection since Market Street was closed for the Mall in February of 1972. He also pointed out that should the timing of the signal be changed, it would affect the timing of the signals on California and Pine Streets. He said it is the belief of Caltrans and his Department that the problem is one of misunderstanding and recommends no further action. Council took no formal action on this matter. NOTICE OF COMPLETION - Midway Drive-Ridge Road 8"-6" Water Line Replacement MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard accepting Midway Drive-Ridge Road 8"-6" Water Line Replacement, Bid Schedule No. E 3 1064, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes AWARD OF BID - 1979 Slurry Seal Program MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works that Bid Schedule No. 1118, City of Redding 1979 Slurry Seal Program, be awarded to Graham Con- tractors, Inc. on their low bid in the amount of $52,936. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None ABATEMENT OF PROPERTY - 2832 Fairway Avenue City Attorney Murphy advised Council that the Board of Appeals has recommended that the Chambers property at 2832 Fairway Avenue be abated by rehabilitation and that the costs incurred thereby, if not paid by the owner, be placed as a lien on the property. The City Housing Counselor concurs in this recom- J' mendation as the house is basically a sound structure, but is presently hazardous and will continue to deteriorate unless the City takes some action. It was noted that the house is not located within an eligible rehabilitation loan area and is not owner occupied. Mr. Murphy said he would like to research this method of abatement further and requested that Council hold the matter over for consideration at its August 20 meeting. Council will take definitive action on this matter at its August 20, 1979 meeting. 215 RESOLUTION - Abatement of Property at 2262 Oxford Road (Haas) MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-142 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on property at 2262 Oxford Road. (Haas et al/Frigo) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-142 is on file in the office of the City Clerk. AGREEMENT - Redding Chamber of Commerce MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the annual agreement between the City of Redding and the Redding Chamber of Commerce for promotional funding and authorizing the ) cf Mayor to execute same on behalf of the City of Redding. The Vote: Unanimous Ayes AGREEMENT - Shasta County Safety Council MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the annual agreement between the City of Redding and the Shasta County Safety Council for promotional funding and authorizing the Mayor to execute same on behalf of the City of Redding. The Vote: Unanimous Ayes ) J/ RESOLUTION - Rescinding Resolution No. 78-74 re Abatement at 2110 and 2120 El Reno Lane MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-143 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 78-74, which declared intention to begin legal proceedings of abatement on property at 2110 and 2120 El Reno Lane. (Owned by Bous/Kaplan) . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-143 is on file in the office of the City Clerk. SETTING PUBLIC HEARING - Signalization of Hartnell-Bechelli Lane Intersection City Attorney Murphy said it is the request of the Traffic Engineer that Council set a public hearing for 7:30 P.M. , Tuesday, September 4, 1979 to consider the adoption of a Resolution of Public Convenience and Necessity to acquire four parcels of property at Hartnell and Bechelli Lane, for the signalization of that intersection. y--3 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes The Public Hearing was set for 7:30 P.M. , Tuesday, September 4, 1979. PERMIT - Arretta F. Webb, dba Redding Yellow Cab Company MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the Permit between the City of Redding and Arretta F. Webb, dba Redding Yellow Cab Company, for a taxi stand at Redding Municipal Airport, and JI �I authorizing the Mayor to execute same on behalf of the City of Redding. The Vote: Unanimous Ayes AGREEMENT - Enterprise Eagles Youth Football MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the Agreement between the City of Redding and the Enterprise Eagles Youth Football for funding, and authorizing the Mayor to execute same on behalf )L of the City of Redding. The Vote: Unanimous Ayes .. _..__ y� ._.. .. . ,..-... - _ 216 ORDINANCE - Interruptions in Electric Service Councilman Pugh offered Ordinance No. 1459 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16.12 of the Redding Municipal Code by adding thereto Section 16.12.305, pertaining to interruptions in electric service. BUCKEYE SCHOOL DISTRICT - Ratification of Findings City Attorney Murphy reviewed his memo to Council dated August 3, 1979. He stated that the language of Ordinance No. 1451 (pertaining to regulation of residential development in overcrowded school attendance areas) , when read in conjunction with the State Code, requires that Council ratify or reaffirm and concur with the findings of the Buckeye School District \U7 heretofore made and submitted with respect to inadequate school facilities, as required by Chapter 4.7 of Title VII of the Government Code of the State of California. Mr. Murphy said it is the joint recommendation of the Planning Director and himself that Council reaffirm its action in connection with the said findings and further determine that the fee to be imposed fr within said School District shall be $725 per dwelling unit, pursuant to the provisions of Chapter 16.44 of the Redding Municipal Code. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated joint recommendation of the City Attorney and the Planning Director. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS 7\ \L) Shasta-Cascade Wonderland Association Publicity Applications for Alcoholic Beverage Licenses LeVersailles, 1647 Hartnell Shakeys Pizza Parlor & Ye Public House, 2600 Churn Creek Road Redding Pool Hall, 1748 Market Street \ G'\ Aleo, Inc. , 1400 Oregon Street Lake Redding Golf Course, 1795 Benton Drive Denny's, 735 East Cypress Rongin, Inc. , 1135 Pine Street, #113 Document re CAB Alaska Airlines, Inc. et al application for non-stop authority in the Seattle-San Francisco/Los Angeles/San Diego markets accompanied by a petition for an order to show cause Document re PUC Application of Elaine S. Jaros, Airport Bus Service, for authority to extend its passenger stage airport service to ;,��GA include Shasta County and Tehama County ADJOURNMENT There being no further business, at the hour of 8:12 P.M. , Mayor Demsher adjourned the meeting to 12:00 Noon, Thursday, August 16, 1979. APPROVED: ' n 1Y /� ATTEST: Mayor 1-1111-4.°<: Cit Clerk _ . -_.- _._. _" w ti -