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HomeMy WebLinkAboutMinutes - City Council - 1979-09-04 244 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California September 4 , 1979 The Pledge of Allegiance to the Flag was led by Housing and Redevelopment Administrator Henson. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Pugh, Kirkpatrick, and Demsher. Absent: None Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Director of Public Works Arness , Planning and Community Development Director Harris, Director of Electric Simpson, Deputy Planning Director Perry, Housing and Redevelopment Administrator Henson, Traffic Engineer Hamilton, City Clerk Brayton, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of August 20 , 1979 and the adjourned regular meeting of August 27 , 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS California State Automobile Association In a communication to Council dated August 17, 1979 , from Stuart L. Wright of the California State Automobile 0\ Association, the City of Redding was offered congratulations for winning a special citation in the 1979 AAA Pedestrian Safety Inventory Program for pedestrian program improvement. AAA will make an official presentation of a plaque at a later date. Redding Soroptimist Club In a communication to Council dated August 6, 1979, Margaret Balma of the Soroptimist Parade Route Committee, requested permission for the Ninth Annual Redding Band Review to be held from 10: 00 to 11: 30 a.m. , October 27, 1979 on California { Street. A map of the parade route was submitted to Council Members . Council was advised that Tom Bishop, Assistant District Permit Engineer with the California Department of Transportation has given his approval subject to Council approval . Councilwoman Gard noted that in communications from the Police Chief to the City Clerk dated August 13 and 20 , 1979 , areas of concern were pointed out in scheduling the parade in the downtown area versus the Park Marina Drive area where it was originally held. It was noted that police personnel costs incurred are much greater in the downtown area and there was some discontent expressed by the downtown merchants. Mayor Demsher said he concurs with the Police Chief that the Park Marina Drive area is much more appropriate for this parade. Discussion ensued on the pros and cons of each area for the parade. 245 MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard approving the Ninth Annual Redding Band Review for Saturday, October 27 , 1979, with the parade route to be planned for the Park Marina Drive area. The Vote: Unanimous Ayes Department of Transportation In a communication to Council dated August 16 , 1979 , E. W. Knaebel, District Director of the Department of Transportation gave notification that on July 27, 1979, the California Transportation Commission adopted a resolution rescinding the freeway declaration for Route 273 expressway in Shasta County. The limits contained in the resolution are from l2C) one mile south of Anderson to two miles north of Redding. This rescission will allow all. future requests for access to Hwy. 273 to be processed on a local level. Council was advised that Cal Trans will continue maintenance of this portion of Route 273. Charles E. James In a communication to Council dated August 29 , 1979, Charles E. James requested approval of the transfer to him of the limousine permit issued to Stanley Withers . Council was advised that Mr. Withers did not renew his business license for 1979 and is no longer operating the limousine and, therefore, the City Attorney advises that Mr. James must follow the procedure prescribed in the Municipal Code to obtain such a permit. {) It is recommended that staff be authorized to set a public hearing for 7 : 30 p.m. , September 17, 1979 , in order to determine whether public convenience and necessity require that a permit be granted to Mr. James. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request for setting a hearing date. The Vote: Unanimous Ayes Shasta Union High School District In a communication to Council dated September 1, 1979 , H. J. Krantz , Shasta Union High School District, requests permission to hold the Shasta High School Annual Homecoming Parade on Saturday, October 13, 1979. A map of the proposed parade route was submitted to Council. The Police Department of the City and the State Division of l3 . Highways have approved the parade route and the hour indicated. Public Works Director Arness said it is the recommendation of his Department that the parade route be changed to go east on Sacramento Streetratherthan on South Street. MOTION: Made by Councilwoman Gard, secondedbyCouncilman Pugh approving the aforestated request of the Shasta Union High School District and the recommendation of the Department of Public Works. The Vote: Unanimous Ayes CHESTNUT STREET ASSESSMENT DISTRICT NO. 1979-1 The following document was submitted on behalf of Bond Counsel for adoption relative to Chestnut Street Assessment District No. 1979-1 . ( 246 Resolution - Appointing Paying Agent MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-157 be adopted, a resolution appointing paying agent for the payment of principal and interest on bonds issued in Chestnut Street Assessment District No. 1979-1, 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. 79-157 is on file in the office of the City Clerk. RIO STREET ASSESSMENT DISTRICT Public Works Director Arness reviewed his memo to Council dated August 22 , 1979. He noted that property owners of 93% of the street frontage being considered for this assessment district have signed for the improvements. It is anticipated that there will be a 100% signup. It is requested that Council authorize the Department of Public Works to mail the Notice to Construct to property owners and set the first public hearing for September 17 , 1979 to consider this assessment district. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated request and setting the public hearing for 7 : 30 p.m. , September 17, 1979. 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. 4, check nos. 65334 to 65568 , inclusive, in the amount of $1, 096 , 714. 69 be approved and paid, and that Payroll Register No. 4, check nos. 117759 to 118287 , inclusive, salaries in the amount of $326 , 030. 63 for the period August 5, 1979 , through August 18, 1979, be approved. Total $1 , 422 , 745. 32 Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes : Council Members - None Absent: Council Members - None TREASURER' S REPORT- r,, Councilman Pugh submitted the Treasurer' s Report as of July 31, \\X \ 1979 which showed the Treasurer' s Accountability to be $13, 337 , 045. 29 CLAIMS FOR DAMAGE - 1st hearing Michael Dean Kladt - Claim filed 8/15/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Damage filed by Michael Dean Kladt on August 15, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979 . The Vote: Unanimous Ayes Kenneth Kladt - Claim filed 8/15/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Damage filed by Kenneth Kladt on August 15, 1979 be referred to the City Attorney and the City Insurance Carrier, -- , _.- 247 and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979 . The Vote: Unanimous Ayes Addie L. O' Kelley - Claim filed 8/21/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Personal Injury filed by Addie L. O'Kelley on August 21, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979. The Vote: Unanimous Ayes State Farm Mutual Automobile Insurance Company on behalf of Audrey Trawick - Claim filed 8/21/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Damage filed by State Farm Mutual Automobile Insurance Company on 3 behalf of Audrey Trawick on August 21, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979 . The Vote: Unanimous Ayes Roberta Lee Franklin, Attorney, on behalf of Vagn Kristensen - Claim filed 8/21/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Personal Injury filed by Roberta Lee Franklin, Attorney, on behalf of /;,2 R Vagn Kristensen on August 21, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979 . The Vote: Unanimous Ayes Marvin Holden - Claim filed 8/24/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Marvin Holden on August 24, 1979 be referred to the City Insurance Committee, / 3 and that the City Clerk be instructed to place the Claim on the agenda for the meeting of September 17, 1979 . The Vote: Unanimous Ayes Mrs. Alberto Navarro - Claim filed 8/27/79 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Damage filed by Mrs. Alberto Navarro on August 27, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of October 1, 1979. The Vote: Unanimous Ayes Mrs. D. E. Bowman - Claim filed 8/29/79 MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Claim for Damage filed by Mrs. D. E. Bowman on August 29 , 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 17 , 1979. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Redding Recycling Center - Claim filed 7/2/79 MOTION: Made by Councilwoman Gard, seconded by Councilman � � 248 Pugh that the Claim for Damage filed by the Redding Recycling Center on July 2 , 1979 be approved in the amount of $200 . 00 based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes Marshall S. Mayer, Attorney, on behalf of Michael L. Spencer - f Claim filed 6/28/79 MOTION: Made by Councilwoman Gard, 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 denied, and that the claimant be so advised. The Vote: Unanimous Ayes Anita A. Greer - Claim filed 7/2/79 MOTION: Made by Councilman Pugh, seconded by Councilman ��— Kirkpatrick that the Claim for Personal Injury filed by Anita A. Greer on July 2 , 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes John X. Murphy - Claim filed 7/12/79 MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Claim for Damage filed by John X. Murphy on July 12 , 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Ramona' s Restaurant - Claim filed 7/12/79 MOTION: Made by Councilman Pugh, seconded by Councilman ��j Fulton that the Claim for Damage filed by Ramona' s Restaurant V \ on July 12 , 1979 be denied, and that the claimant be so advised. 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 denied, and that the claimant be so advised. The Vote: Unanimous Ayes Joseph Peter Simini - Claim filed 7/11/79 MOTION: Made by Councilman Pugh, seconded by Councilman `Y ) Fulton that the Claim for Damage filed by Joseph Peter Simini on July 11, 1979 be approved in the amount of $34 . 50 , based on the recommendation of the City Insurance Committee. The Vote: Unanimous Ayes SUMMONS AND COMPLAINTS City Attorney Murphy advised Council that the City has been served with the following Summons and Complaint: Robert W. Richelieu vs. City of Redding et al This matter has been referred to the City Insurance Carrier. RESOLUTION - Stop Sign on Cumberland Drive at Placer Street MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-158 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by establishing a "Stop" sign on Cumberland Drive at Placer \\?? Street. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-158 is on file in the office of the City Clerk. _.. 1 249 RESOLUTION - Parking Prohibition on Portion of Westside Road MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Resolution No. 79-159 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on the west side of Westside Road for a distance of 100 feet south of the south curb line of El Reno Lane. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh and //3 Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-159 is on file in the office of the City Clerk. RESOLUTION - Parking Space for Disabled MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Resolution No. 79-160 be adopted, a resolution of the City Council of the City of Redding reserving a parking space for disabled persons on the north side of Yuba Street, east of East Street. )73 Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-160 is on file in the office of the City Clerk. AWARD. OF BID - 125V Battery and Battery Charger MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the City Manager that Bid Schedule No. 1117 , 125V Battery and Battery Charger, be awarded to General Electric Supply Company on their original bid in the amount of $5, 279. 00, sales tax included, inasmuch as the apparent low bids do not meet specifications. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Aluminum Underground Cable MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the City Manager that Bid Schedule No. 1120, Aluminum Underground Cable, be awarded to General Electric Supply Co. in the amount of $230, 167. 76 , sales tax included, inasmuch as the apparent low bid is not a firm bid. Voting was as follows: r Ayes : Council Members - Fulton, . Gard, Kirkpatrick, Pugh, and 3 Demsher Noes: Council Members - None Absent: Council Members - None AWARD OF BID - Aluminum Light Standards MOTION: Made by Councilman Kirkpatrick, seconded, by Councilwoman Gard approving the recommendation of the City Manager that Bid Schedule No. 1121, Aluminum Light Standards, be awarded to Shasta Wholesale in the amount of $25, 885. 20, salestax included, inasmuch ,.7q3 as the apparent low bids do not meet specifications. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher 250 Noes: Council Members - None Absent: Council Members - None RESOLUTION - Waiver of Parcel Map LS-62-79 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 79-161 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application LS-62-79. Voting was as follows: \° Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-161 is on file in the office of the City Clerk. APPEAL - Use Permit UP-221-79 - Setting Hearing Date Planning and Community Development Director Harris advised Council that an appeal has been received in regard to UP-221-79 by Robert Medley, which was approved by the Planning Commission on August 14 , 1979. It is recommended that this matter be set for hearing on October 1, 1979 . MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the aforestated request for setting a public hearing date. The Vote: Unanimous Ayes { APPEAL - Lot Split LS-71-79 - Setting Hearing Date Planning and Community Development Director Harris advised Council that the Planning Commission denied Lot Split Application LS-71-79 by Francis Yanni at its August 14, 1979 meeting. The applicant �� through his attorney, William J. Braun, has appealed this decision. \G It is recommended that this matter be set for hearing on October 1, 1979. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the aforestated request for setting a public hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application PD-1-79 Planning and Community Development Director Harris advised Council that the Planning Commission approved Rezoning Application PD-1-79 \\ at its meeting on August 28 , 1979. It is suggested that this � matter be set for public hearing on October 1, 1979. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the aforestated request for setting a public hearing date. The Vote: Unanimous Ayes SETTING PUBLIC HEARING - Rezoning Application RZ-9-79 Councilman Pugh abstained from discussion and voting on this item Planning and Community Development Director Harris advised Council \ that at the conclusion of the public hearing on August 28 , 1979 , 6`\ the Planning Commission recommended approval of the rezoning of property owned by Dorr Grover, RZ-9-79 . It is suggested that this matter be set for hearing on October 1, 1979. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the aforestated request for setting a public hearing date. The Vote: Unanimous Ayes with Councilman Pugh 4 abstaining 251 TENTATIVE SUBDIVISION MAP - Western Oaks Estates Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Western Oaks Estates Subdivision, subject to twenty-three conditions. Council was provided a list �U�) of the conditions. The location of the subdivision was shown on the Vu Graph. TENTATIVE SUBDIVISION MAP - Parkwood Estates Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Parkwood Estates Subdivision, subject to twenty-seven conditions. Council was provided a list /0() of the conditions. The location of the subdivision was shown on the Vu Graph. TENTATIVE SUBDIVISION MAP - Park Marina Village Council was advised that the original tentative map of this portion of Park Marina Village expired prior to recording of the final map and the Tentative Subdivision Map had to be resubmitted. The Planning Commission approved the map at its August 28 meeting /0,,) subject to the same conditions originally imposed. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. TENTATIVE SUBDIVISION MAP - Jennifer Manor, Unit No. 2 Council was advised that the Planning Commission has approved the Tentative Subdivision Map for Jennifer Manor Subdivision, Unit /v J No. 2 subject to twenty-three conditions. Council was provided a list of the conditions. The location of the subdivision was shown on the Vu Graph. ENTERPRISE ANNEX NO. 79-10 - Setting Protest Hearing Planning and Community Development Director Harris reviewedhis memo to Council dated August 30, 1979. He stated that Enterprise Annex No. 79-10, located on Arizona Street, between Churn Creek and Cynthia Way, was approved by LAFCO on August 8, 1979. The next 'step in the annexation process is to conduct a protest hearing, as not alltheproperty owners signed the petition ,S^ requesting annexation. It is recommended that the prepared resolution, setting the hearing for October 15, 1979, be adopted. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-162 be adopted, a resolution of the City Council of the City of Redding initiating proceedings for annexation to the City of Redding of inhabited territory described herein and designated Enterprise Annex No. 79-10 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. 79-162 is on file in the office of the City Clerk. The Protest Hearing was set for 7 : 30 P.M. , October 15, 1979 . PLANNING COMMISSION RECOMMENDATION RE SURPLUS PROPERTY Planning and Community Development Director Harris reviewed his memo to Council dated August 30, 1979. He stated that at its meeting of August 28 , 1979 , the Planning Commission considered a c)(r r 252 the following properties to determine whether such properties are surplus and are not needed for City use. The locations of the surplus properties were shown on the Vu Graph. They are : Parcel A 5. 9 acres located on the north side of Placer Street between Chestnut and West Streets (formerly used by the Redding Fire Department) Parcel B . 90 acres located on the southeast corner of Hiatt Drive and Lake Boulevard. (formerly leased to the Bucktye Fire District) Parcel C Approximately 110 acres located on the west side of Airport Road, across from the Municipal Airport Building A Building on the corner of Radio Lane and Veterans Lane. (former Cascade Fire Hall located on County- owned property) Pertaining to the subject airport property, the Commission expressed the need for establishment of suitable restrictions as to use and development, for completion of a utility service plan, and the adoption of plan lines for Airport Road. After reviewing each of the aforementioned properties , it is the finding of the Planning Commission that they are not needed for any city function and can be sold or leased. With respect to the airport property, Councilwoman Gard asked who is responsible for Plan lines on Airport Road. Mr. Harris replied that the Planning Commission as well as the County have this responsibility and both entities have begun discussions regarding this matter. Councilman Pugh suggested that appropriate covenants , conditions and restrictions be developed for said property. Councilman Fulton asked the status of Parcel A. The City Manager said that staff would have . a recommendation within 30 days with respect to the building on Radio Lane and fI Fire Hall No. 2. Council took no action on this informational item. PUBLIC WORKS PLANNING REPORTS Public Works Director Arness submitted the Public Works Planning Reports for September, 1979. Mr. Arness submitted a colored photograph of the Waste Treatment Plant. He noted that a strike by Westinghouse may delay start-up of the plant. He invited Council and staff members to take a field trip to see the new facility. Mayor Demsher noted that he has seen the plant and it is very impressive. Councilwoman Gard questioned whether the heater for the Enterprise pool was a budgeted item. She was answered in the affirmative. Councilman Fulton questioned what progress is being made on the RABA bus system. 253 Traffic Engineer Hamilton replied that DAVE Systems , Inc. is presently updating our application for submission to Cal Trans. AWARD OF BID - 12000 Volt Distribution Feeder Circuit Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1133, by the City of Redding, proposing to construct 700 lineal feet of 12KV underground electric distribution line along Churn Creek Road, north of the Canby Substation: 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 `73 California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on August 29 , 1979. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the recommendation of the Public Works Director and the Electric Director that Bid Schedule No. 1133, 1200 Volt Distribution Feeder Circuit Underground Extension at Canby Substation, be awarded to Northern Industrial Electric on their low bid in the amount of $9 , 410. 00. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh PUBLIC HEARING - Rezoning Application RZ-7-79 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 on Rezoning Application RZ-7-79 . The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing /qy Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated August 30 , 1979 The City Clerk advised Council that no written protests have been received. Planning and Community Development Director Harris reviewed his memo to Council dated August 30, 1979. Mr. Harris said that George Serna has requested rezoning of his property located at the southeast corner of El Reno Lane and Cedars Road from "R-1" single family residential district to "R-2" duplex district.. The location of the property was depicted on the Vu Graph. Mr.. Harris advised that ata public hearing conducted by the Planning Commission on August 14, 1979, the Commission unanimously recommended that the rezoning be denied. Mr. Harris said that the Commission concurred with the 254 r residents in the area and felt the change in zoning would be an unwarranted intrusion into the single family area. He noted that the surrounding property consists of single family homes to the north, east and south. A nonconforming wrecking yard is located directly across the street, which is a pre-existing lawful use. A petition, opposing the rezoning request, was submitted to the Commission by several residents in the area. Councilman Fulton noted that duplexes have intruded R-1 areas in other portions of the City. Councilwoman Gard said that was a problem faced in considering the General Plan for the Magnolia area. She noted that the densities were lessened in this neighborhood in order to save it from this type of intrusion. Don Kennedy, Attorney, representing the applicant, said that it is essential that the property be observed prior to making a determination on its use. He said that the trend around the Harrison Tract appears to be toward multiple or commercial usage and that R-1 has been confined to the tract. He pointed out that the highest and best use adjacent to El Reno Lane has changed considerably over the years. Mr. Kennedy said that single-family usage is unrealistic on this parcel and feels the single-family peak has been reached in the area. Mr. Kennedy questioned how R-2 density would interfere with the area pointing out that the Cascade General Plan specifies six-units per acre. He noted that the Planning Department recommendation to the Planning Com- mission was for approval of the request for R-2 zoning on this parcel. } Mr. Harris responded that the Planning Department had recommended approval of the request for R-2 zoning but } that the rezoning application was denied by the Planning Commission. The following persons responded to this issue: Bud Skaggs, 4549 Cedar Road Mr. Skaggs felt the concern expressed in the petition (containing 57 signatures) opposing this use should stand in support of how the neighborhood feels. He admitted that the wrecking yard detracts from the neighborhood, but did not see that construction of apartment houses would better the neighborhood in any way. Bud Spangler, 2180 El Reno Mr. Spangler said he has resided in the Redding area since 1939 and at his present address since 1944 and has observed the drastic change and additional traffic in the last few years. He objected to any use that would bring more traffic into the area. He pointed out that there are handicapped persons who ride on three- wheelers , and also, thereare many children in the area. John Benkosky, 1740 Brenda Lane, Anderson, developer of this parcel, said he feels the neighborhood will be 255 pleased with the duplex plans they have chosen and that they plan to rent to a good class of people. Councilman Fulton questioned how many units he proposes . Mr. Benkosky said that presently they are planning for two single-family dwellings and if the rezoning is approved, they will construct two duplexes (4 units) . MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote : Unanimous Ayes with Councilman Pugh abstaining City Attorney Murphy advised Council that they can legally decide this issue by retaining the R-1 zoning or sustaining the appeal and changing it to R-2 without fear of being overturned by the courts. Councilwoman Gard said that R-1 zoning is one that everyone understands and feels protects them. She said that if a family purchases a home in an area zoned R-1, it is assumed they will be free from this type of intrusion. She encouraged preservation of this R-1 area in the City. Mayor Demsher said that a majority of the neighborhood signed the petition and he also feels the R-1 neighborhood should be preserved. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick upholding the recommendation of the Planning Commission that Rezoning Application RZ-7-79 , by George Serna, be denied. The Vote: Unanimous Ayes with Councilman Pugh abstaining PUBLIC HEARING - General Plan Amendment Application GPA-6-79 (Circulation Element of Redding General Plan) The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on General Plan Amendment Application GPA-6-79 . Ll S-- 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 30 , 1979 The City Clerk advised Council that no written protests have been received. Planning and Community Development Director Harris reviewed his memo to Council dated August 30, 1979. He said that the Planning Commission conducted a public hearing on General Plan Amendment GPA-6-79, an amendment to the circulation element of the Redding General Plan, on August 14, 1979. It is the unanimous recommendation of the Commission that the amendment be adopted. Mr. Harris advised Council that the amendment would affect three streets in the Enterprise area as follows : 1. The extension of Hartnell Avenue west of Bechelli Lane to Cypress Avenue as a secondary thoroughfare; 256 2 . The extension of Shasta View Drive from Hartnell to Rancho Road as a secondary thoroughfare, and, 3. Deletion of Alta Mesa Drive as a secondary-thoroughfare designation. It is recommended that after the close of the public hearing, Council ratify the negative declaration, approve the recom- mended amendment, and instruct the City Attorney to prepare the necessary resolution for consideration at a subsequent meeting in conjunction with two other General Plan amendments now in process. Emily Rawlings, 4055 Alta Mesa Drive, referred to two petitions and several letters that have been submitted in the past pertaining to the traffic on Alta Mesa Drive and the desire of the neighborhood to designate another route for through-traffic. She said that Alta Mesa Drive was was never intended to be a secondary thoroughfare and should be returned to the status of a local street. She said she was pleased and supportive of the staff recom- mendation for Alta Mesa Drive. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that Council makes the following findings regarding General Plan Amendment GPA-6-79, by the City of Redding, proposing to amend the Circulation Element of the Redding General Plan as stated hereinbefore: 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 27, 1979 . The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving General Plan Amendment GPA-6-79 , as recom- mended, and instructing the City Attorney to prepare the necessary resolution for consideration at a subsequent meeting in conjunction with two other General Plan amendments now in process . The Vote: Unanimous Ayes PUBLIC HEARING - Property Acquisition for Signalization of Hartnell-Bechelli Lane Intersection The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on property acquisition for signalization i of the Hartnell-Bechelli Lane intersection. The following document is on file in the office of the City Clerk: Affidavit of Service - Notice of Public Hearing 257 Public Works Director Arness stated that since the staff has not obtained the required environmental declaration, it is requested that the Public Hearing be continued to September 17, 1979. MOTION: Made by Councilman :Fulton, seconded by Councilwoman Gard continuing the public hearing on this matter to 7 : 30 P.M. , September 17, 1979. The Vote: Unanimous Ayes POTENTIAL SEWER SERVICE - North Twin View Boulevard Public Works Director Arness reviewed his memo to Council dated August 27, 1979. He stated that at its August 6 , 1979 , meeting Council referred to his Department a communication from James W. Harrison, Jr. requesting sewering of the Twin View Boulevard area. Mr. Arness advised that the sewer line is approximately four and one-half miles from the new regional trunk sewer serving the Buckeye Sewer Assessment District. Sewers cannot be made available to the Harrison' s Marine Center property until such time as there is a trunk runningnortherly in Churn Creek from the existing interceptor. Mr. Arness said that Mr. Harrison has been apprised of the sewer status and that he responded that he was under the impression that the sewers were much closer than that. Mr. Arness told Council that there area number of individuals and groups interested in sewering the area north of the present interceptor terminus, and it is believed that a viable plan may emerge in the near future. Council took no action in this matter. NOTICE OF COMPLETION - Shasta Street 18" Water Line Replacement MOTION: Made by Councilman Pugh, seconded by Councilman. Kirkpatrick accepting Bid Schedule No. 1094 , Shasta Street 18" Water Line Replacement, as being completed satisfactorily, and instructing 3.�c? the City Clerk to file a Notice of Completion. The Vote: Unani- mous Ayes ACCEPTANCE OF FINAL MAP - Riverhome Subdivision MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick. that : the Final Map, Riverhome. Subdivision, _be accepted, andinstructing the .City Clerk .to file said..map )oj2 with the Shasta. County Recorder. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting installation of all improvements within Riverhome Subdivision_ for maintenance and._op.eration. The Vote: Unanimous Ayes ACCEPTANCE OF FINAL MAP - Shasta Pines Subdivision, Unit No. 2 Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman_ Kirkpatrick, seconded by Councilwoman Gard that the Final Map, Shasta Pines Subdivision, Unit No. 2 , be accepted, . and instructing. the City Clerk tofile said. map with the ,Shasta County. Recorder. The Vote: Unanimous Ayes /CJS with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard accepting installation of all improvements within Shasta Pines Subdivision, Unit No. 2. formaintenance and operation. The Vote: Unanimous Ayes with Councilman Pugh abstaining { 258 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-163 be adopted, .a resolution of the City Council of the City of Redding accepting for maintenance and operation Pineland Drive, Pineland Court, Forest Glen Court and Norman Drive within Shasta Pines Subdivision, Unit No. 2 . 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. 79-163 is on file in the office of the City Clerk. ACCEPTANCE OF FINAL MAP - Rosita Hills Subdivision MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Final Map, Rosita Hills Subdivision, be accepted, and instructing the City Clerk to file said map with the Shasta County Recorder. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman G Gard accepting installation of all improvements within Rosita Hills Subdivision for maintenance and operation. The Vote : Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-164 be adopted, a resolution of the City Council of the . City of Redding accepting for mainte- nance and operation Rosita Drive within the Rosita Hills Sub- division. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Council Members - None Absent: Council Members - None Reolution No. 79-164 is on file in the office of the City Clerk. AMENDED FINAL MAP - Tanglewood Village, Unit No. 1 Public Works Director Arness reviewed his memo to Council dated August 31, 1979 . He stated that at its March 29, 1979 meeting, Council approved the final map for the Tanglewood Village Planned Development. Subsequent to said approval, it was discovered that there had . been a redesign of the lot layout and instal- lation of the utilities as well as some grade changes. A revised map fitting the physical land shapes and reflecting the ll>� lot layout modifications was submitted to Council. Said map does not result in an increase in the number of lots approved by the Planning Commission. He noted that the area shown as open space is essentially the same as initially approved by the Planning Commission and Council. Mr. Arness advised that the developer has been informed that no occupancy permits will be granted until all subdivision improvements havebeen completedand accepted. It is the staff recommendation that the revisedfinal map be approved and the City Clerk be instructed to file said map with the Shasta County Recorder. Councilwoman Gard noted that this subdivision had previously been redesigned and questioned whether staffforesees any problems pertaining to sewers, streets , etc. 259 Mr. Arness replied in the negative. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Revised Final Map, Tanglewood Village, Unit No. 1 , be accepted subject to the proper bonds being on file with the City, and instructing the City Clerk to file said map with the Shasta County Recorder. The Vote: Unanimous Ayes EXTENSION OF LEASE AGREEMENT - Walkway in Redding Downtown Mall MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the extension of lease and sublease between the City of Redding and the Redding Redevelopment Agency, collectively referred to as the Lessor; Kenneth R. Whitmire, an individual , and Kenneth R. Whitmire Co. , Inc. , collectively referred to as Lessee; and Kin Cheong Fong, Kin -Choung Fong and Soo Ching Fong, collectively referred to as Sublessee, pertaining to the walkway and platform in the Redding Downtown Mall. The Vote: Unanimous Ayes RESOLUTION - Abatement of Property at 2704 Market Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-165 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 buildings on property at 2704 Market � _- Street. (A.A. Hedman property, occupied by Cascade Distributors) J�ts— Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-165 is on file in the office of the City Clerk. ORDINANCE - Prohibiting Parking in City Alleys Councilman Pugh offered Ordinance No. 1460 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11. 24 of the Redding Municipal Code by repealing Sections 11. 24. 230 and 11. 24. 240, and substituting therefor a new Section 3/6, 11. 24. 230, pertaining to parking and loading in alleys . ORDINANCE - Yield Right-Of-Way Signs Councilman Kirkpatrick offered Ordinance No. 1461 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 11. 04 of the Redding Municipal Code by adding thereto 1/3k Section 11. 04. 095, pertaining to yield right-of-way signs . REZONING APPLICATION RZ-6-79 - Motion to Reconsider At the August 20, 1979 Council meeting, a public hearing was held pertaining to Rezoning Application RZ-6-79 . Only three Council Members were present. at the. public hearing. After the close of the hearing, Council voted two to one in favor of the Planning Commission and staff recommendation re this application. No further action was taken as Council Members were advised that State law mandates a majority vote of the full Council to pass a rezoning issue. `I At the meeting this evening, Mr. Murphy told. Council that he /`/g was in error in his advice to Council; that .a majority vote of those present is sufficient to pass a rezoning issue. - Councilwoman Gard said that subsequent to the August 20 , 1979 Council meeting, she discussed this matter with staff and recom- mends that a "F" site plan review requirement be added to the - 1 260 RM-6 District. She questioned whether the matter would have to be published again in order to add this modification. Planning and Community Development Director Harris replied that this is a minor modificationin relation to the RM-6 District, located adjacent to Railroad Avenue.' He stated -that the "F" site plan review requirement will add the acoustical requirement as required by the Building Code. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Council reconsider Rezoning Application RZ-6-79. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, and Demsher Noes: Council Members - None Absent: Council Members —None Abstain: Council Members — Fulton and Pugh MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Com- mission and- staff re RZ-6-79 with the addition of the "F" site plan review requirement to the RM-6 District. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, and Demsher Noes : Council Members - None Absent: Council Members - None Abstain: Council Members - Fulton and Pugh Councilman Kirkpatrick offered Ordinance No. 1462 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-6-79) RESOLUTION - Front Footage Sewer Construction- Charges MOTION: Made by Councilman-Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings re a resolution of the City Council of the City of Redding establishing a front footage construction charge for new sewer service connections : 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; . )3\X\ 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 July 3, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-166 be adopted, a resolution of the City Council of the City of Redding establishing a front footage construction charge for new sewer service connections pursuant to Section 14 . 16 . 050 of the Redding Municipal Code. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members -' None Absent: Council Members - None Resolution No. 79-166 is on file in the office of the City Clerk. 261 URGENCY ITEM - Extension of Cal Todd Land Lease City Attorney Murphy advised Council that late this afternoon he received a communication from Eugene F. Calanchini of Cal- Todd Aviation requesting a 90-day extension on his current land lease agreement which will expire on September 7, 1979 . Mr. Calanchini ' s request is based on unexpected architectural changes and unexpected requests from the lending institution. Mr. Murphy recommended Council approval of this request stating that it would have to be declared an urgency item. Councilmen Kirkpatrick and Pugh stated that they have conflicts of interest and would be abstaining from the vote. Mr. Murphy advised that because declaration of an urgency item requires a 4/5 vote, the Councilmen should declare their conflict and then vote on the motion. Councilman Kirkpatrick said that he is a member of the Advisory Board for the bank branch processing Mr. Calanchini ' s loan. Councilman Pugh stated that he is Mr. Calanchini ' s attorney. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton declaring this an urgency item. The Vote : Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the request for a 90-day extension of Cal-Todd Aviation' s land lease agreement. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Demsher Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Kirkpatrick and Pugh EXECUTIVE SESSION At the hour of 8: 20 P.M. , Mayor Demsher declared an Executive Session re potential litigation. At the hour of 8: 35 P.M. , the meeting was reconvened. AGREEMENT TERMINATING CONTRACT - J. D. Cowle Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving an agreement between J.D. Cowle and the City of c� Redding, terminating and adjusting a contract between said parties for construction of tennis courts at Enterprise High School, Redding Job #1736, and authorizing the City Manager to execute same. The Vote: Unanimous Ayes with Councilman Pugh abstaining. RESOLUTION - Abatement on Property at 2100 El Reno Lane City Attorney Murphy requested authorization for cancellation of the City' s lien ($952 . 00) for costs of abatement on property at 2100 El Reno Lane, owned by Liza A. Smith Estate. Mr. Murphy added that in order to remove a cloud from the title on said property, it would be necessary for Council to adopt Resolution No. 79-167. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard authorizing cancellation of the City' s lien for costs of abatement on property at 2100 El Reno Lane, owned by Liza A. Smith Estate. The Vote: Unanimous Ayes r _ _- 262 r MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that Resolution No. 79-167 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 78-75 , which declared intention to begin legal proceedings of abatement on property at 2100 El Reno Lane. (Owned by Liza A. Smith) Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-167 is on file in the office of the City Clerk. ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses Good Times Pizza, 1647 Hartnell Avenue, Suites A & B Ranch Market, 983 Lake Boulevard Show Boat, 2505 Park Marina Drive ADJOURNMENT There being no further business , at the hour of 8 : 40 P.M. , Mayor Demsher adjourned the meeting to 4 : 30 P.M. , Tuesday, September 11, 1979. APPROVED: Mayor ATTEST: i Ci y Clerk