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HomeMy WebLinkAboutMinutes - City Council - 1979-10-15 311 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California October 15, 1979 7 : 00 P .M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by the Reverend Roger Chamberlain, Pastor of the Enterprise Community Church of God. The meeting was called to order at 7 : 00 P.M. by Vice Mayor Fulton with the following Council Members present: Fulton, Gard, Pugh, and Kirkpatrick. Absent: Demsher Mayor Demsher entered the meeting at 7 : 30 P.M. as hereinafter noted. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Planning and Community Development Director Perry, Electric Director Simpson, Director of Personnel and Labor Relations Reynolds, Housing and Redevelopment Administrator Henson, Traffic Engineer Hamilton, Senior Assistant Planner King, 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 October 1, 1979 and the adjourned regular meeting of October 9 , 1979, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Downtown Mall Association In a communication to Council dated September 24, 1979 , the Downtown Mall Association requested reversion of the Improvement Area Tax Assessment to the amount levied in 1978. (� The City Clerk noted that this requires a public hearing ,1�,,j`J and submitted a resolution for Council consideration. ~ Resolution MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that Resolution No. 79-197 be adopted, a resolution of the City Council of the City of Redding in the matter of a decrease in rate in the Parking and Business Improvement Area established pursuant to the provisions of the Parking and Business Area Improvement Law of 1965 and the provisions of Chapter 6. 18 of the Redding Municipal Code. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Fulton Noes: Council Members - None Absent: Council Members - Demsher Resolution No. 79-197 is on file in the office of the City Clerk. The Public Hearing was set for 7 : 30 P.M. , November 5 , 1979. 312 Veterans Day Parade In a communication to Council, Mrs. Joy L. McCray, Parade Chairman, requests permission to hold the Veterans Day Parade on Park Marina Drive, from Cypress Square to the Civic Auditorium, at 10 a.m. , November 10, 1979. The Police Department has given its approval for this event. o- MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick approving the aforestated request. The Vote : Unanimous Ayes Shasta County Committee on Moral Concerns In a communication to Council dated October 8 , 1979 , Jo B. Keeley, Chairman of the Shasta County Committee on Moral Concerns, requested time before Council to make a presen- tation on the purpose of the group and to present petitions requesting regulations for X-rated and unrated movies . Mrs. Keeley appeared before Council and stated that the Shasta County Committee on Moral Concerns (SCCMC) is an on-going organization of concerned citizens whose purpose is to promote high moral standards for our community. She said its current project is to work with the City Council , the City Attorney and the Board of Supervisors to establish ordinances regulating adult movie entertainment in our area. Mrs. Keeley submitted petitions containing 1590 signatures of concerned citizens in Redding, and has petitions bearing 623 signatures of Anderson residents and 1394 signatures from persons in Shasta County. An outline was also submitted of a presentation given at the Holiday Inn in August pertinent to the Committee and its thrust. Council also received 17 letters from individual persons supporting the position of the SCCMC. Said petitions, letters, and outline are on file in the office City Clerk. Councilwoman Gard noted that the City Attorney and Planning staff have indicated that a zoning ordinance, such as Mrs. Keeley is recommending, would be an enforceable method of regulating this type of activity. City Attorney Murphy said it is not clear whether the Santa Ana ordinance, which prohibits this type of activity, is constitutional or not. He advised that zoning control for selected areas will stand up when tested on State and Federal Constitutional grounds. He noted that there are many test cases pertaining to saloons and the use of alcohol, but that movies are lawful and presently there aren' t many test cases available to help Redding in its decision. He said that control by zoning selected areas for this activity appears to be the best method of control presently available. Mr. Murphy said that possible locations will be submitted to the Planning Commission for review and, when a decision is reached, an ordinance will be drafted. Councilman Pugh asked if there has been a clear determination as to the definition of the subject matter noting that he thought it was presently being contested. 313 City Attorney Murphy said this is an area he is not certain of. He said the Supreme Court of the United States has used a definition but it is very difficult to apply. He noted that it depends on the standards set by the particular community. , Mary Tipton, 5161 East Bonnyview Road, said she was in favor of the proposal of the SCCMC. She deplores the pornography in the movies and on TV and feels this is one of the things hurting our Nation today. She said we are getting away from moral education and teaching the 10 Commandments in the homes , schools and government and, when this happens, the moral atti- tude of the Nation deteriorates. Vice Mayor Fulton referred this matter to the City Attorney and staff. WESTERN OAKS ESTATES SUBDIVISION, ASSESSMENT DISTRICT NO. 1979-4 Public Works Director Arness said that the prepared resolution expresses a preliminary intent to form an assessment district for Western Oaks Estates Subdivision. He said that the developer is developing a 37-lot residential subdivision and upon construction and installation of all improvements, desires that the City initi- ate and take reasonable steps toward consummation of special assessment proceedings and issuance and sale of improvement bonds to acquire all improvements such as streets, storm drains, curbs and gutters, sanitary sewer lines, etc. in this subdivision. The proceedings will be conducted pursuant to the Municipal Improvement Act of 1913 with bonds to be issued under the pro- visions of the Improvement Act of 1911. s i Councilman Pugh asked if this request meets all of the criteria established by Council for this type of financing of subdivision improvements. Planning Director Perry said that in order to qualify, the subdi- vision must have less than 50 lots. He noted that the 37 lots are a portion of a larger developmentconsistingof 88 lots. Councilman Pugh questioned the development of large parcels and circumventing the 50 lot minimum by applying for special assessment proceedings in a piece meal fashion. City Attorney Murphy replied that this is: a policy matter for Council. He noted that if Council intends to limit development to 50 parcels or less in order to benefit the small developer, as distinguished from large developers, then Council will be faced with larger units broken into smaller units and brought in separately. He said Council must decide its attitude in this regard. Mr. Perry apprised Council that the initial proposal was for 37 lots because it was felt the area could not absorb any more; also, the Redding Water. Quality Control Board withheld approval for additional lots. Mr. Murphy said that Council will have to recognize, in light of the present interest market., that -the use of this device is growth stimulating. If Council wishes to stimulate growth, a liberal policy toward this type of financing of subdivision improvements may be taken. If Council rejects this type of financing, it will force developers back to the formal lines of credit. Councilwoman Gard said that Council had discussed the possibility that this type of financing would encourage development. 1 314 Councilman Kirkpatrick suggested that this matter be considered by ` the Growth Committee. Mr. Arness said that the growth impact issue had been discussed briefly at staff level. Mr. Murphy noted that Council may wish to reserve its decision until the issue is looked at more closely so that a precedent is not set for future development of any large parcels. Councilman Pugh said he feels the policy should be studied before a decision is made on the present proposal. He noted that Council was somewhat dubious about this method of financing during previous discussions. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard referring this matter to the Growth Committee for study and con- tinuing consideration of Western Oaks Estates Subdivision Assess- ment District No. 1979-4 to the November 5, 1979 Council meeting. The Vote: Unanimous Ayes CASTLE COURT STREET ASSESSMENT DISTRICT Public Works Director Arness reviewed his memo to Council dated 0 October 10, 1979. He stated that a formal petition requesting ( (� the formation of Castle Court Street Assessment District, showing signatures amounting to 67. 7 percent of the land area, is on file in the office of the City Clerk. It is requested that the Public Works Department be authorized to hire special bond counsel in order to begin the proceedings for this district. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated request to hire special • bond counsel. The Vote: Unanimous Ayes At this point, Mayor Demsher entered the meeting. PUBLIC HEARING - Request for Limousine Service (Elegant Journey, Inc. ) The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the request of Elegant Journey, Inc. to establish a limousine service in Redding. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing 1�� City Clerk' s memo dated October •10, 1979. The City Clerk advised Council that no written protests have ) been received. Mrs. Brayton' apprised Council that the Public Hearing has been called to allow Council to determine whether public convenience and necessity require that a limousine permit be granted to Elegant Journey, Inc. The following documents were submitted to Council and are on file in the office of the City Clerk: Letter request of Arthur and Joyce Root Report of Police Chief Whitmer regarding said request Statement re liability insurance coverage Financial Statement 315 After close of the Public Hearing, a determination should be made whether to approve or deny the request. Charles James, applicant who was issued a limousine permit on September 17, 1979, raised the question of the necessity of two limousine services in Redding. He said it is too early to know what the demand for this service is, but noted that there is only one taxi service in Redding. He said he would enjoy the competition if Council approved a second permit. Mr. James pointed out that he is complying with the require- ments of the Municipal Code which stipulate: that he cannot solicit by means of advertising or stands on the streets or at the airport, but must rely on telephone requests only. City Attorney Murphy apprised Council that Mr. James is the successor to the limousine permit held by his predecessor, Mr. Withers. He said that when Council adopted the ordinance regulating limousine service, it was made clear that such a service would not be like a mini-bus service from the airport to a designated point within the City, but rather a luxury-type service for weddings and special events. The limousine operator does not have the right to do business at the airport. Arthur Root, Elegant Journey, Inc. , stated that when they had first contemplated this service for Redding, there was no other service available. He gave the following statistics on services in other cities: Limousine City Population Services Breakdown Sacramento 264, 000 8 1 per 33 , 000 San Francisco 659, 000 72 1 per 9 ,150 Portland 363, 000 2 1 per 181, 500 San Jose 535, 000 11 1 per 48 , 650 Los Angeles 2, 700, 000 77 1 per 35, 000 Mr. Root said that it appears from looking at these numbers that Redding' s population of 43, 500 can support two good competitive limousine services. He pointed out that he would not be equipped to serve the County. Mr. Murphy noted that he could not service the County in competition with the Inter-Mountain Bus Service. Mr. James said that a PUC permit would have to be obtained to do service within the County. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes Councilman Fulton said he has not been convinced that there is need for two services in the Redding area. 111 Councilman Kirkpatrick stated that the statistics presented appeared to justify the operation of two services and noted that apparently the former service wasn't operating at its fullest capability. Mr. Kirkpatrick does not believe it is valid to delay approval of a permit for the Elegant Journey until Mr. James determines the extent to which this service will be used. Mayor Demsher said he isn' t certain there is a need for a second service but feels Council is faced with the same 316 decisions here it has with the Ambulance Service. If Council issues a permit to a limousine operator, it becomes somewhat responsible to protect the survival of the operator. He said he would prefer to see some tangible evidence that there is need for a second service. He also felt the characteristics of individual communities must be considered. Councilman Kirkpatrick said that Mayor Demsher ' s comments are valid; however, he feels Council should not be put into the position of protecting one operator from competition; adding that he does not favor approving limitless permits . Councilwoman Gard noted that Elegant Journey has purchased its limousine for Redding. Council was advised that when the limousine was purchased, the applicant was not aware of the need for Council approval. MOTION: Made by Councilman Kirkpatrick, seconded by Council- man Pugh approving the request of Elegant Journey, Inc. for a limousine permit. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - Fulton Absent: Council Members - None PUBLIC HEARING - Bechelli Lane Assessment District The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re the Bechelli Lane/Church of the Nazarene Assessment District. The following documents are on file in the office of the City Clerk: Affidavit of Mailing and Posting - 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. f � Public Works Director Arness advised Council that the Bechelli Lane Assessment District is being proposed under Chapter 27 of the 1911 Improvement Act. It is the staff recommendation that Council adopt the prepared resolution ordering the construction of curb, gutter and sidewalk improvements on a certain portion of Bechelli Lane. It was noted that the property owner involved in the proposed improvements (Church of the Nazarene) has signed a Consent to Waiver wherein they waive the right to construct these improvements by private forces, and agree that the City of Redding may proceed to construct said improvements without the 60 day waiting period provided by Section 5879 of the Streets and Highways Code. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unani- mous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-198 be adopted, a resolution of the City Council of the City of Redding ordering the � . r. 317 construction of certain improvements on the east side of Bechelli Lane, from Red Cliff Drive 630 feet north, in the City of Redding, pursuant to Chapter 27 of the Improvement Act of 1911. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-198 . is on file in the office of the City Clerk. PUBLIC HEARING - Abandonment Application No. A-4-79, by Evans Products, Inc. The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Abandonment Application No. A-4-79 by Evans Products, Inc. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Posting - Resolution. No. 79-174 Affidavit of Mailing - Resolution. No. 79-174 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 Perry reviewed his memo to Council dated October 11, 1979. He stated that at its regular meeting of September 11, 1979, the Planning Commission unanimously recommended abandonment of 33 feet of right of way adjacent to 1045 Twin View Boulevard. The area was shown on the Vu Graph. Mr. Perry said the land lies within the right of way for the former State highway. The existing right of way is 150 feet in width, which far exceeds local street requirements. As proposed, 33 feet would be abandoned and as other abandonments occur in the area, the street would ultimately be reduced in width to 84 feet. Mr. Perry said that, if abandoned, the right of way would revert to the adjoining property owner. It is the recommendation of the Planning Commission and staff that Council abandon the right of way subject to retention of a utility easemenet. If Council concurs, a resolution has been prepared for adoption. MOTION: Made by Councilman Fulton, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-199 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Twin View Boulevard north of Midway Drive. (A-4-79) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-199 is on file in the office of the City Clerk. 318 PUBLIC HEARING - Rezoning Application RZ-8-79 , by Jaxon Baker The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Rezoning Application RZ-8-79 by Jaxon Baker. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing AffidavitofMailing - Notice of Public Hearing Planning Commission Recommendation dated 10/11/79 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 Perry reviewed his memo to Council dated October. 11, 1979. He stated that at its regular meeting of September 11, 1979 , the Planning Commission unanimously recommended rezoning property located at the east end of Lancers Lane from "U" Unclassified District to "R3-20-F" Multiple Family Residential District. The area was shown on the Vu Graph. Mr. Perry noted that the property was approved for a 16-lot multiple-family subdivision by the Commission in 1977. It is the recommendation of the Planning Commission and staff that the property be rezoned "R3-20-F" , with the site plan to stipulate that fifteen percent of the gross site area is to be landscaped at the time of development of each parcel. If Council concurs, it is recommended the negative declaration be ratified and the prepared ordinance offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Council- woman Gard 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-8-79 , by Jaxon Baker: 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 July 25, 1979. The Vote: Unani- mous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Planning Commission and staff. The Vote: Unanimous Ayes Councilman Fulton offered Ordinance No.. 146.6 for first reading, an ordinance of the City Council of the City of. Redding amending Section 18. 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-8-79) 319 PUBLIC HEARING - Annexation No. 79-10 (Arizona Street) { The hour of 7: 30 P.M. having arrived, Mayor Demsher opened the Public Hearing re Annexation No. 79-10, Arizona Street. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Public Hearing Affidavit of Mailing - Resolution No. 79-162 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 Perry reviewed his memo to Council dated October 11, 1979. He stated that at its regular meeting of August 8, 1979, the Local Agency Formation Commission approved annexing to the City of Redding 7. 6 acres located on Arizona Street. The area was shown on the Vu Graph. Mr. Perry said the protest hearing is being held this evening since all the property owners did not sign the petition. To date, no protests have been received. It is the staff recommendation that Council adopt the prepared resolutions. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-200 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. 79-10 . Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-200 is on file in the office of the City Clerk. MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Resolution No. 79-201 be adopted, a resolution of the City Council of the City of Redding ordering the annexation of certain inhabited territory designated Enterprise Annex No. 79-10 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. 79-201 is on file in the office of the City Clerk. PUBLIC HEARING - General Plan Amendment No. GPA-3-79 (Upper Churn Creek) The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened � the Public Hearing re General Plan Amendment No. GPA-3-79. - 5s 320 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 10/11/79 The City Clerk advised Council that a communication had been received from Attorney Robert Rehberg, representing Mr. & Mrs. Paul Gibson, which is referred to in staff ' s memo to Council dated October 11, 1979. In addition, Mr. Rehberg submitted a letter to Council this date on behalf of Mr. Norman Levenson who owns property in the vicinity of the Oasis Road-Twinview Boulevard intersection. Planning Director Perry reviewed his memo to Council dated October 11, 1979 concerning the area included in the General Plan Amendment, which memo is hereby made a part of these minutes by reference. Maps and a Vu Graph illustrating the topography and the proposed densities were shown to Council. Mr. Perry noted that the existing General Plan would allow approximately 4 , 000 people in the area. The area is classi- fied primarily as "Residential Reserve, " one unit per five acres. The Planning Commission has recommended a more urban plan which would permit 8, 000 people , based on interest in development of the area, the densities allowed under the Shasta County General Plan, the proximity of the area to Interstate 5 and Highway 299, and the development the County is permitting to the east of this area. Mr. Perry reviewed the various classifications included in this General Plan Amendment. Mr. Perry pointed out a controversial area in the Plan, which is the area on the north side of Mountain View Drive. He noted that the present General Plan classifies the area as 3. 5 units per acre, although the existing zoning is "R3-40-F" Multiple Family Residential District. It is the opinion of the Commission that the multiple family zoning adopted in 1973 was inappropriate due to existing single family residences to the south and east and to the narrow streets in the area. With respect to Mr. Rehberg' s letter pertaining to the Gibson property, it is the opinion of staff that the proposed 2 unit/acre classification is more appropriate, because of lack of urban services, topography, and lack of frontage on Collyer Drive. Mr. Perry commented on the letter from Mr. Rehberg pertain- ing to the Levenson property in which it is requested that the commercial classification at the intersection of Twin- view Boulevard and Oasis Road be expanded to the north and east by about 60 acres. At the present time, approximately 20 acres of Mr. Levenson' s property is in an area classified commercial. Mr. Levenson is considering developing his property as a commercial center and feels that about 80 acres would be required for this purpose. Mr. Perry added that this area was included in the final E. I .R. in the alternative section. Councilman Pugh asked if both of the letters from Mr. Rehberg were presented to the Planning Commission. 321 Mr. Perry responded in the affirmative, noting that to the best of his knowledge, nothing new has been introduced in the letters. Robert Rehberg, Attorney, representing Mr. & Mrs. Paul Gibson who own a 12-acre parcel generally located north of Collyer Drive and east of Hawley Road, said that at the time the Gibsons purchased this parcel, multiple-family dwelling units were permitted under County zoning which seemed reasonable because it would provide a buffer for single-family dwellings to the north and also provide housing for Shasta College students. He pointed out that in considering the General Plan for this area, the Planning Commission limited the area of multiple housing to a very small area and the Gibson parcel was left predominantly in the greenway with some irregular corners permitting 2 dwelling units per acre. He stated that this parcel is within the Regional Waste Disposal area and can be served by the regional facility to be operated by the City thereby making its location advantageous for multiple family dwellings for use by college students. He requested that the area desig- nated for 9 dwelling units per acre be expanded to include the Gibson property. Mr. Rehberg said he also represents Norman Levenson and would like to make further comments in addition to those • made by Mr. Perry. The property is located near the inter- section of Twinview Boulevard and Oasis Road and it is Mr. Levenson' s proposal to expand the commercial area by approxi- mately 60 acres in addition to the 20 acres he now has in commercial. Mr. Rehberg stressed that the importance of this commercial area is not limited to this specific area, but it appears to be a City-oriented commercial area. He feels that rather than look five-six years into the future for this classification, it would be advantageous to have it classified now as it will affect development proposals in the surrounding area controlled by the City and County. He pointed out that Mr. Levenson has owned this undeveloped parcel for 20 years and during this time, it has been his plan to develop it commercially. Mr. Rehberg requested that if Council does not wish to select the alternative #2 for a commercial designation as set forth in the EIR, it is requested that the matter be referred to staff for further study. City Attorney Murphy noted that, geographically speaking, the area requested for commercial designation will be two and one-half times the size of the Mt. Shasta Mall. Mike Wells, Attorney, representing D.W. Mullard, Anthony Titoni, and Everett Hayen, property owners on the north side of Mountain View Drive, said his clients are opposed to the down-zoning of their properties from "R3-40-F" Multiple Family to "R-l" Single Family. The parcels involved were shown on the Vu Graph. Mr. Wells discussed each as follows : Mr. Hayen purchased his property from Mr. Tefft in July of this year and, in addition to completing a single family residence which was in the process of being constructed, he has plans to develop three duplexes which are permitted under the "R3-40-F" zoning district. 322 A Mr. Wells said that Mr. Titoni purchased his property in 1967 and has been the sole owner through the zoning changes that occurred in 1973 . He noted the staff report of September 7, 1979 , which states that the zoning was changed in 1973 to allow multiple family development because the shape of the parcels made it difficult, if not impossible, to subdivide the properties for single family development and it was felt that the "R3-40" zoning was a reasonable compro- mise and would provide a buffer between the commercial and multiple family districts. He said that Mr. Titoni presently has his proposal before the City for develop- ment of multiple family units. Mr. Mullard has owned his parcel for a considerable number of years and has installed a sewer line which would serve multiple family construction. In summary, Mr. Wells said that his clients have spent time and money on their properties on the basis of the 1973 "R3-40-F" zoning. He said that vested rights could be discussed but feels it is just fair play for the City to permit these property owners , who have made plans based on existing zoning, to proceed with such development. The following persons appeared in protest of the multiple family zoning: Bob Barber, 5723 Mountain View Drive Lorraine Allen, 5916 Sierra Vista Drive Luther Day, 941 Palo Vista Court Robert Thompson, 950 Palo Vista Court Festus Green, Palo Vista Court Mrs. M. Hergoth, 5737 Mountain Vista Court Robert Hill The basic concerns expressed were: multiple family develop- ment is inconsistent with the single family neighborhood, the narrow lots will not lend themselves to multiple family development, additional traffic, and the safety and well being of the children. Jack Tefft, 5678 Mountain View Drive, said that subdivisions should have parks so that the children have a place to play, and indicated that in this neighborhood, the land east of the hammerhead street should be developed into a park. He said that the multiple-family zoning should be limited to construction of one bedroom apartments, which would house either young couples with no children or one small child, or retired persons . City Attorney Murphy said that in 1970 , the General Plan was adopted which allowed 3. 5 dwelling units per acre and in 1973, the "R3-40-F" zoning designation was placed on the property. At that time, zoning, as a matter of law, did not have to be compatible with the General Plan; however, during that same year, the State Legislature passed a law requiring zoning to be compatible with the General Plan. The City of Redding is required by law to make the General Plan and zoning compatible and noted that the General Plan ultimately controls the zoning. Mr. Murphy commented on the vested right principle saying that if an owner has made an investment in the actual con- struction of improvements upon a parcel of property in 323 reliance upon an existing set of facts , that the passage of an ordinance changing that condition is unlawful. He said that in this case, there was an incompatible zoning that needed to be resolved prior to construction of utili- ties, etc. , and it is not a question of whether a lawful non-conforming use exists on the property because the zoning was incompatible with the General Plan before these improve- ments were made. He said the law required that incompatibility to be resolved. The Planning Commission is recommending a denIsity per acre that is no less than what the existing General Plan provided for in 1970 and 1973 . He pointed out that if the "R3-40-F" designation is not modified by a specific limitation, it would allow 1 unit per every 4000 square ft. and that is three and one-half times the density permitted by the General Plan. H.T. Barnard, 725 Parkview Avenue, said he owns property in the Twinview area and noted that when the City took over the Twinview Sewer District, the zoning of the area was not to be changed. He said such changes affect life-time invest- ments and feels that some times no plan is a good plan. Evelyn Titoni, 5735 Cascade Drive, said that the streets in this area dead end so that traffic should not be that much of a problem. Don, Mullard, Mountain View Drive, said he requested the zoning change to R-3 on his three-acre parcel in 1973 noting that he has one residence and desires to build three duplexes. He noted that, at that time, the adjacent lots were included in the rezoning. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Public Hearing be closed. The Vote: Unani- mous Ayes City Attorney Murphy said that in making a decision on the Mountain View Drive area, approval for triplexes would satisfy the General Plan density requirements . Mr. Perry said that presently a 3 . 5 multiple family zoning district doesn ' t exist; however, a "U" Unclassified district could be used. He also noted that the "U-F" area could be expanded and made into a no credit area. He said that a use permit would be necessary in the "U" classification. Councilwoman Gard said there are several ways to split the long lots noting that flag lots could be created. Mr. Perry responded that existing buildings on the parcels may negate some options. He said that the present zoning alternatives are R-1, R-2 , and RM-6 in addition to the "U" classification. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the recommendation of the Planning Com- mission be adopted with respect to the classification of the area on the north side of Mountain View Drive; i.e. 3. 5 units per acre. Voting was as follows : Ayes : Council Members - Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - Fulton Absent: Council Members - None 4� 324 In making a decision pertaining to the request for commercial zoning in the Oasis-Twinview area, Mr. Perry said that in his opinion the request is premature and that a request for a General Plan amendment could be submitted at some future date. Councilwoman Gard commented that Planning Consultant Lyle Stewart has stated that the City is 400% over-zoned for commercial. Councilman Pugh said he feels 20 acres designated for commercial development is sufficient now and that Hawley Road could be developed as an access road accordingly. Mr. Perry commented that four lanes are proposed from Hwy. 299 to Oasis Road. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the recommendation of the Planning Commission for the area generally bounded by Interstate 5 on the west, Oasis Road on the north, Sunridge Road on the east, and Highway 299 on the south (GPA-3-79) , with the exception of the portion between the Gibson property and Collyer Drive. Voting was as follows : Ayes : Council Members - 'ard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - Fulton Absent: Council Members - None MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard referring the request for inclusion of the Gibson property in the multiple family on the north side of Collyer Drive to the Planning Commission for review and recommendation. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick accepting EIR-4-79 and finding that, in accord- ance with Section 15088 of the California Administrative Code that changes or alterations have been required and incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the final environmental impact report. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard instructing the City Attorney to prepare the necessary resolution pertaining to the approved General Plan amend- ment upon Council ' s action on the Commission recommendation re the Gibson property. The Vote: Unanimous Ayes PUBLIC HEARING - General Plan Amendment No. GPA-5-79 (Sulphur Creek) The hour of 7 : 30 P.M. having arrived, Mayor Demsher opened the Public Hearing on General Plan Amendment No. GPA-5-79 , (Sulphur Creek) . \\-\ 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 10/11/79 325 The City Clerk advised Council that a communication was received from Mrs. Evelyn Blan- in dated September 28 , 1979 requesting consideration of her parcel with this General Plan Amendment. Planning and Community Development Director Perry reviewed his memo to Council dated October 11, 1979 concerning the area included in the General Plan Amendment, which memo is hereby made a part of these minutes by reference. Maps and a Vu Graph illustrating the topography and the proposed densities were shown to Council. Mr. Perry advised Council that the request for an Amendment to the General Plan was initially filed by Nancy Marty and Everett Whitney, owners of separate parcels on either side of Sulphur Creek. The Amendment was expanded by the Plan- ning Commission to include the area along Sulphur Creek northwest of the Southern Pacific Railroad. Mr. Perry said that the Planning Commission unanimously recommended amendment of the General Plan for the area generally bounded by Quartz Hill Road on the west, Keswick Dam Road and Lake Boulevard on the north and the Southern Pacific main line on the east. It was noted that the key issues identified in the EIR were slope, flooding, fire hazard, school overcrowding, water quality in Sulphur Creek, sewer capacity, and circulation, as well as the proposed Quartz Hill Road Water District west of the City. The existing plan, which predominantly classifies the areas as residential (3. 5 units per acre) and greenway, will allow a population of approximately 6, 150 people. The recommended plan will allow for a population of about 5 , 463 people by reflecting existing development, redistributing excess units , and reconciling the plan more closely to topography. A tabulation showing the various classifications and the acreage and units involved is included in the memorandum to Council. Mr. Perry apprised Council that Mrs. Blandin' s property was not advertised for consideration during any of the public hearings to date. It is recommended that Council refer her request to staff for consideration during the overall General Plan update. It is the staff and Planning Commission recommendation that Council approve the proposed amendment. Brad Blandin, 1635 Lake Boulevard, representing Mrs . Evelyn Blandin, apprised Council that in addition to owning the 2 . 6 acre parcel located at the southwest intersection of Lake Boulevard and Quartz Hill Road, she has recently purchased 1. 2 acres adjacent to this parcel to the north fronting on Quartz Hill Road. He advised that the original parcel was zoned commercial in the County and was later down- zoned to "Rl-B20" and "C-1-F" in the City. Although the entire parcel was not included in this General Plan Amend- ment, Mr. Blandin requests that it be included for commercial consideration. Henry Moore, 1025 Henry Moore Lane, felt it was unreasonable to consider this entire area in one amendment because of 326 the topography. He feels that no change should be made prior to construction of a road from Keswick Dam Road down Sulphur Creek to Market Street. He noted that this should be the route the sewer would follow also. Gerald Haughton, 1010 Ona Lane, said he has resided in this area for years and objects to multiple development because it isn' t compatible with the terrain and because of the fire danger. He noted that people in the general area purchased property with the understanding that the development would remain single-family residential. He concurs with Mr. Moore that the road should be developed. Robert Rehberg, Attorney, representing Everett Whitney, advised Council that his client doesn' t contemplate multiple development but is requesting that the density for 3 dwelling units per acre be extended to the tops of the ridges . Henry Moore explained to Council that the property owners were invited to the Buckeye School at one time to view Mr. Whitney' s proposal which contained much more multiple family development than has been discussed this evening. He objects to multiple family development in the canyon below his resi- dence and questioned if this proposal has been deleted. Everett Whitney, applicant, responded that he had an EIR prepared which reflected what he proposed for the area. His ( original proposal was for development of 200 units on 190 acres. He now desires 2-3 dwelling units per buildable acre. Mr. Perry noted that the Commission and staff recommend 2 units per acre for the Whitney property. Betty Hagberg, 3162 Quartz Hill Road, opposed 2 units per acre on property adjacent to Quartz Hill and Keswick Dam Roads due to the increased traffic it would create. MOTION: Made by Councilman Pugh, seconded by. Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard referring the letter request from Mrs. Blandin to staff for study. The Vote: .Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting EIR-5-79 and finding that, in accord- ance with Section 15088 of the California Administrative Code that changes or alterations have been required and incorporated into the project which mitigate or avoid the significant environmental effects thereof as identified in the final environmental impact report. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the Planning Commission recommendation re General Plan Amendment GPA-5-79 (Sulphur Creek) , and instructing the City Attorney to prepare the necessary resolution. 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. 7, check nos. 66003 to 66185 , inclusive, in the amount of $659, 470. 34 be approved and paid, and that Payroll Register No. 7, check nos. 119355 to 119872 , inclusive, 327 salaries in the amount of $337, 221. 51 for the period September 16 , 1979 through September 29, 1979, be approved. Total $996 , 691. 85 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 August 31, 1979 which showed the Treasurer' s Accountability to be $12 , 223 , 486 . 22 CLAIMS FOR DAMAGE - 1st hearing Kerry Michael Rutledge - Claim filed 10/1/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Kerry Michael Rutledge on October 1, 1979 be referred to the City Attorney and the City Insurance Carrier, and that the /a3 City Clerk be instructed to place the Claim on the agenda for the meeting of November 19, 1979. The Vote: Unanimous Ayes James L. & Christina Rynhart - Claim filed 10/9/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by James L. & Christina Rynhart on October 9, 1979 be referred to the 3 City Insurance Committee, and that the City Clerk be instructed to place the Claim on the agenda- for the meeting of November 19, 1979. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Evelyn Harris - Claim filed 9/11/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Evelyn Harris on September 11, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Michael Dean Kladt - Claim filed 8/15/79 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Claim for Damage filed by Michael Dean Kladt on August 15, 1979 be denied, and that the claimant ' 3 be so advised. The Vote: Unanimous Ayes Vagn Kristensen - Claim filed 8/21/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Personal Injury filed by Vagn Kristensen on August 21, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Addie L. O'Kelley - Claim filed 8/21/79 MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Claim for Personal Injury filed by Addie L. / aq O'Kelly on August 21, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes Dennis Halkides, Attorney, on behalf of Shelley Otto - Claim filed 9/7/79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Claim for Personal Injury filed by Dennis Halkides, Attorney, on behalf of Shelley Otto / 1:2_ on September 7, 1979 be denied, and that the claimant be so advised. The Vote: Unanimous Ayes 328 SETTLEMENT OF CLAIMS City Attorney Murphy advised Council that the Claims for Damage filed by the following persons have been settled by the Insurance Carrier as outlined: Kenneth Kladt - $355. 18 California State Automobile Association on behalf of Michael Cossolotto - $134. 35 Maxine Comer - $187. 21 ORDINANCE - re PD-1-79 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1463 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman. Kirkpatrick that Ordinance No. 1463 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. (PD-1-79) - Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1463 is on file in the office of the City Clerk. ORDINANCE - re RZ-9-79 Councilman Pugh abstained from discussion and voting on this item MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that full reading of Ordinance No. 1464 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman � Gard that Ordinance No. 1464 be adopted, an ordinance of the City Council of the City of Redding amending Section 18 . 06. 020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding. (RZ-9-79) 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. 1464 is on file in the office of the City Clerk. ORDINANCE - Adopting 1979 Uniform Fire Code MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1465 be waived, and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Ordinance No. 1465 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 9. of the Redding Municipal Code by repealing Section 9. 20. 010 and substituting therefor a new Section 9. 20. 010, pertaining to Uniform Fire Code. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher 329 Noes: Council Members - None Absent: Council Members - None Ordinance No. 1465 is on file in the office of the City Clerk. REVENUE SHARING COMMITTEE - Report and Recommendation Committee Chairman Fulton reviewed the Revenue Sharing Committee report to Council dated September 30, 1979, as it pertains to funding, with the exception of that portion pertaining to the Family Service Agency, which memo is hereby made a part of these minutes by reference. At the outset, it was noted that the present Revenue Sharing program will expire in September, 1980 , and it has been proposed by some members of Congress that State and local government revenue sharing allocations be reduced or eliminated in order to reduce the Federal budget deficit. Pertaining to the 1979-80 City of Redding Revenue Sharing allo- cation, it was estimated that $1, 302, 300 would be available for Revenue Sharing expenditure programs. The City of Redding Revenue Sharing allocation for 1979-80 has been reduced from $883 , 630 to $876 , 034, and carry-over funds from 1978-79 were reduced when the construction contract for the Parkview storm drain was awarded at a unit price of $158, 390. The revised estimate indicates that $1, 184, 750 will be available for expenditure during 1979-80 . Tabulation of the initial budget allocation and the current recommendation of the Revenue Sharing Committee is as follows : Revenue Sharing .S72 Budget Committee Allocation Recommendation Contract Programs for Recreation and Social Services $ 64 , 800 $ 68 , 975 Park Land Acquisition (Turtle Bay) 37, 500 37 , 500 Park Improvements (Alta Mesa Park) 30, 000 30 , 000 Water System Improvements (Water Treatment Facilities) 900, 000 900, 000 Storm Drain Improvements 270, 000 148 ,275 $1, 302 , 300 $1,184 , 750 Council was advised that requests for revenue sharing funds for contract programs were received in the total amount of $193 , 799 . Historically, most social programs financed by local government have been funded from the County tax base. The reduction in property tax revenues imposed by Proposition 13 affects the budgets of both the City of Redding and the County of Shasta, and a new evaluation of priorities should be considered. Some attention needs to be given to the relationship between local government funding and the funding of community services through United Way and other volunteer fund raising sources A statement indicating the amount of funds requested and the allocations recommended by the Committee was submitted to Council. 330 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving the recommendation of the Revenue Sharing Committee as it pertains to all funding except for the Family Service Agency. The Vote: Unanimous Ayes ( Discussion re Funding for Family Service Agency Mayor Demsher abstained from discussion and voting on this portion of the item Committee Chairman Fulton said he is in favor of supporting the Family Service Agency again this year, having granted them funding for the past two years, noting that they do a very neces- sary and valuable service for our community. He feels this service fills a gap in the mental health care for Shasta County. He noted that they are in need and County funding has been cut back. Council Member Gard stated that during this consideration last year when it was realized that the Revenue Sharing Program could be phased out, it was agreed that the Committee would not offer funding for new requests. The Family Service Agency had been \C\ previously funded by contract for a particular program which they no longer offer. They were explicitly advised that they would not be included in any new funding. She noted that there are other critical areas in need of assistance if it is felt that new requests should be considered for funding. She added that "The Attic" , a { thrift-type store, has been a tremendous source of financial help for the Family Service Agency. Based upon the two-year policy of no new funding, Mrs. Gard said she did not favor any support for the Family Service Agency. Councilman Pugh noted that the reason the Family Service Agency was given support last year was because of the budgetary strings (Contract) they were under at that time, and they were advised not to anticipate future funding. Mr. Pugh said that in light of the upcoming election and Proposition 4 , the City cannot get into the position where such agencies rely on it for support. Councilman Kirkpatrick said it was his understanding that there would not be any funding for the Family Service Agency this year. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Family Service Agency not be funded with Revenue Sharing funds for the 1979-80 fiscal year. Voting was as follows: Ayes : Council Members - Gard, Kirkpatrick, and Pugh Noes. Council Members - Fulton Absent: Council Members None Abstain: Council Members - Demsher ABANDONMENT APPLICATION A-3-79 - John M. Kravitz Planning and Community Development Director Perry reviewed his memo to Council dated October 11, 1979. He stated that at its regular meeting of September 25, 1979 , the Planning Commission unanimously recommended abandonment of a portion of Ridge Road located between Doris Street and Interstate 5. The area was shown on the Vu Graph. It is the staff recommendation that Council adopt the prepared resolution setting the public hearing for 7 : 30 P.M. , November 5 , 1979. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-202 be adopted, a resolution of the City 331 Council of the City of Redding declaring its intention to vacate and abandon a portion of Ridge Road between Doris Street and Interstate 5. Voting was as follows: Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Reolution No. 79-202 is on file in the office of the City Clerk. PETITIONS RE STREET BARRICADE ON VALENTINE LANE Planning and Community Development Director Perry reviewed his memo to Council dated October 11, 1979. He stated that the /C.4 barricade at Valentine Lane and Rivella Vista Drive was installed in compliance with a condition of the Tentative Map for Rivella aS�� Vista Estates approved by the Planning Commission in August of 1977 . At that time the Commission stipulated that "a barrier is to be installed at the end of Valentine Lane and that the barrier shall be removed at the time Dove Street is connected or upon the approval of the Planning Commission. " Mr. Perry said that since the barrier was installed at the direction of the Commission, it is the staff recommendation that Council refer the two petitions submitted at the October 1, 1979 Council meeting, to the Planning Commission for report and recommendation concerning the barricade. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the aforestated staff recommendation. The Vote: Unanimous 111 Ayes DEFERRED PAYMENT HOUSING REHABILITATION LOANS - Application under SB 966 Funding Housing and Redevelopment Administrator Henson reviewed his memo to Council dated October 5, 1979. He stated that as a result of participation in the California Housing Finance Agency HOHL Program, the City of Redding is now eligible to apply for another source of housing rehabilitation financing through the California Department of Housing and Community Development. This program was authorized through SB 966 and initial applicants were funded last Spring; however, some funds were reserved for other agencies that might receive a California Housing Finance Agency tandem designation later in the year. Redding is one of these localities. Mr. Henson said that this program provides funds to a locality in the form of a deferred payment loan program for the purpose of housing rehabilitation. The State will loan the money to the City of Redding at 3% interest and the City, in turn, will loan the money at the same interest rate to eligible persons in the Cascade and Linden Rehabilitation areas. As the loans are collected, the City will repay the State. The City' s financial obligation is limited to that amount actually recovered from each loan. It is the staff recommendation that Council, by resolution, authorize the City Manager to file said application requesting funds in the amount of $100, 000 from the Deferred Payment Rehabilitation Loan Program. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-203 be adopted, a resolution of the City Council of the City of Redding authorizing the City Manager to file 7 332 an application with the State Department of Housing and Community Development for Deferred Payment Rehabilitation Loan Program Funds . Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Resolution No. 79-203 is on file in the office of the City Clerk. { YELLOW LOADING ZONE - Market Street, south of Placer Street Traffic Engineer Hamilton reviewed his memo to Council dated October 9, 1979 . He stated that in regular session on October 9 , 1979 , the Traffic and Parking Commission considered a request of Mr. Longstaff of Pacific Telephone and Telegrah for a loading zone in front of their new location to facilitate the pick up and delivery of employees. After discussion, the Commission voted \\\ unanimously to recommend to Council that a yellow loading zone, effective 24 hours a day, be established on the west side of Market Street, from 60 feet to 95 feet from the south curbline of Placer Street. It is the staff and Commission recommendation that the prepared resolution be adopted. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-204 be adopted, a resolution of the City Council of the City of Redding establishing a yellow loading zone on the west side of Market Street from 60 feet to 95 feet northerly of the south curbline of 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. 79-204 is on file in the office of the City Clerk. PARKING PROHIBITION - Portion of North Side of Cypress Street Traffic Engineer Hamilton reviewed his memo to Council dated October 9, 1979. He stated that in regular session on October 9 , 1979, the Traffic and Parking Commission considered a request from the Wells Fargo Bank to prohibit the remaining parking on their frontage to improve visibility from their driveway. Staff recom- mended that the prohibition be expanded to include the remaining two parking spaces in front of the North Valley Bank to the corner of Larkspur Lane. Mr. Hamilton said that although the Manager of the North Valley Bank indicated opposition when contacted, no representative appeared at the meeting. The Commission concurred with staff and voted unanimously to recommend to Council that parking be prohibited at all times on the north side of Cypress Avenue from Larkspur Lane to 237 feet west of the west curbline of Larkspur Lane. A resolution has been E prepared for Council consideration. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-205 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on the north side of Cypress Street west of Larkspur Lane. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-205 is on file in the office of the City Clerk. 1 333 PARKING PROHIBITION - West side of Westside Road Traffic Engineer Hamilton reviewed his memo to Council dated October 9, 1979. He stated that in regular session on October 9 , 1979 , the Traffic and Parking Commission considered a request and staff recommendation to prohibit parking at all times on the west side of Westside Road from El Reno Lane to Hospital Lane to afford better visibility when exiting driveways. Mr. Hamilton said there have been five reported accidents since early in 1977 due to this conflict. Allen Mancasola, owner of Farmers Market, has indicated his opposition to parking removal but did not appear at the meeting. The Commission agreed that this is a problem area and voted unani mously to recommend the parking prohibition to Council. A resolution has been prepared for Council consideration. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that Resolution No. 79-206 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on /3 the west side of Westside Road from El Reno Lane to Hospital Lane. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-206 is on file in the office of the City Clerk. AWARD OF BID - Construction of Reservoir Lane Storm Drain MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1142, Construction of Reservoir Lane Storm Drain: 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, %S� and, ratifies the Negative Declaration approved by the Board of Administrative Review on March 14 , 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works that Bid Schedule No. 1142 , Construction of Reservoir Lane Storm Drain, be awarded to Dexter L. Rogers on their low bid in the amount of $141, 614. Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes : Council Members - None Absent: Council Members - None Note that this project will be funded by Community Development Block Grant Funds. AWARD OF BID - Rio Street Assessment District (Chapter 27) MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Bid Schedule No. 1143, Rio Street Assessment District (Chapter 27) proposing to improve access and drainage along a proposed extension of Rio Street to the west of Freebridge Street: 1. Project is compatible with the Redding General Plan; 2. Project will not significantly alter existing land form; 334 3. Project is compatible with surrounding land use; 4. Project is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on September 19, 1979. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the recommendation of the Department of Public Works that Bid Schedule No. 1143, Rio Street Assessment District (Chapter 27) , be awarded to Hayward Construction on their low bid in the amount of $10, 023. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None NOTICE OF COMPLETION - Finish Coating on Enterprise High School Tennis Courts MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the Finish Coating on Enterprise High School Tennis Courts, Bid Schedule No. 1138, as being completed satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes PINEHAVEN COURT - Acceptance of Improvements Public Works Director Arness reviewed his memo to Council dated October 10, 1979. He stated that the developer, John W. Wenger, has satisfactorily completed the installation of improvements which were a condition of his Lot Split LS-93-77 and paid the fees for the street name sign as of July 9 , 1979 . This lot split is located off Herbscenta Way and Ryan Lane in the Quartz Hill area. The lot split was originally approved in April 1978 and in May of 1978 was amended by the Planning Commission. The original approval required the road to be graded and graveled only, and the amendment required that the road serving the lots be 24 foot wide, graded and graveled with AC surfacing and 4 foot graded shoulders . It is the staff recommendation that Council accept the water line extension and underground utility improvements installed to serve Lot Split LS-93-77 as satisfactorily completed and that by resolution the 24 foot paved section of Pinehaven Court, the street serving the lot split, be accepted for maintenance. { MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick �c accepting for maintenance the water line extension and underground utility improvements installed to serve Lot Split LS-93-77 . The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-207 be adopted, a resolution of the City Council of the City of Redding accepting Pinehaven Court for mainte- nance and operation by the City. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-207 is on file in the office of the City Clerk. _ —_ ._ _ __ _ _ ___.___�._ —_ _..._.. n.. �..._.__.. __..�_......_�.�.�_wA i.�✓._sl�...1.w_...�..w._ti_ �uL_ �w _ 1 335 OAKWOOD PLACE SUBDIVISION, UNIT NO. 2 n At the request of the Public Works Director, this item was not 10i7 considered this evening. WATER TREATMENT PLANT - Contract Inspection Services Public Works Director Arness reviewed his memo to Council dated October 11, 1979. He submitted a copy of Amendment No. 3 to the Agreement between the City of Redding and CH2M Hill dated January 3, 1978. The purpose of this Amendment is to secure assistance in contract inspection for the new water treatment plant. Mr. Arness advised that the City proposes to assign two employees to this project - a resident engineer and a construction inspector. Under the contract amendment, CH2M Hill will provide technical assistance in areas where the City does not currently have expertise as follows: 1. Office Services - Interpretation of contract drawings and specifications and shop drawing review. jc� 2. Field Inspection - The design team will provide 24 technical assistance in specialized areas such as soils, concrete, electrical and mechanical con- struction, and performance testing. 3. Training and Operations Assistance - Provide 0 & M Manual and pre-start up training for the water plant operators. Mr. Arness advised that the figures shown for each task were reached during two meetings with the consultants to estimate the amount of their time that would be required during the construction of the plant. The compensation recommended is for a "price not to exceed" with payment made on a salary times a multiplier. He said the payment to the consultant will be for that assistance requested by the City. Mr. Arness said the Planning Report to Council will illustrate payment made for the various tasks during the progress of the work. If additional funds are needed, Council will be apprised. It is the staff recommendation that the Amendment No. 3 be approved, and that the Mayor be authorized to sign same. MDTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving the aforestated recommendation of the Department of Public Works. The Vote: Unanimous Ayes LOCAL AGENCY STATE AGREEMENT NO. 02-5068 - Program Supplement No. 06 Public Works Director Arness reviewed his memo to Council dated October 10, 1979. He stated that the program to install thermo- plastic crosswalks and stop bars on various City streets by City forces will be reimbursed 100% by Federal funds. It is the staff recommendation that Council adopt the prepared resolution approving this program. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-208 be adopted, a resolution of the City Council of the City of Redding approving Program Supplement No. 6 to Local Agency - State Agreement No. 02-5068 , covering installation of thermoplastic markings. Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher 336 Noes: Council Members - None Absent: Council Members - None Resolution No. 79-208 is on file in the office of the City Clerk. RESOLUTION - Abatement of Property at 823 Twin View Boulevard MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-209 be adopted, a resolution of the City Council of the City of Redding of intention to begin legal proceedings / of abatement under Chapter 9. 36 of the Redding Municipal Code on certain real property in the City of Redding. (Owned by Ellis S . and Veronica J. Foster, 823 Twin View Boulevard) Voting was as follows : Ayes : Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-209 is on file in the office of the City Clerk. RESOLUTION - Prohibiting Roller Skating and Skate Boarding in Certain Public Areas City Attorney Murphy said that Council is requested to approve the prepared resolution prohibiting certain public areas from street skating. Mike Martin, street skate rental operator, questioned what areas Council is considering for this skating prohibition. City Attorney Murphy replied that it is proposed that the follow- \ ing parking lots be posted: Both levels of the Parking Lot west of the Downtown Mall between Tehama and Placer Streets Lot on the east side of the Downtown Mall Dicker' s underground Parking Lot Lot adjacent to the Pine Street Liquor Store (Northern Liquors) Councilwoman Gard asked who initiated the complaint about the skaters. City Attorney Murphy replied that the Police Department feels that skating in the City streets and on the lots has become a hazardous situation and is reaching epidemic proportion. He noted that skaters, pedestrians, and motorists don' t mix safely. Councilwoman Gard asked if the City couldn' t designate one lot for the skaters. Councilman Pugh noted that liability is a problem for the City in this regard. City Attorney Murphy said that the City' s present ordinance does not prohibit skating on the sidewalks. He suggested that Council might wish to visit Pine Street at about 10 : 30 on Friday or Saturday nights and watch the activity. He said that there is a conflict with the skaters interfering with pedestrian and vehicle traffic. Mrs. Gard said that it appears that when the young people find an activity they enjoy, the City feels it must be prohibited but never provides an alternative for them. .. 337 J1 Mr. Murphy said that possibly the lot across from the Wells Fargo Bank could be considered for skating. Councilman Fulton suggested that Council postpone a decision on this matter pending an alternate proposal. Mr. Martin said that volunteer skate patrols have worked in other areas. He requested that Council determine a way to regulate this activity rather than banning it entirely. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick referring this matter to a Committee for study and recommendation. The Vote: Unanimous Ayes With concurrence of other Council Members, Mayor Demsher will appoint the members to the Committee. RESOLUTION - Yield Sign on South Bonnyview Road MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 79-210 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by establishing a "Yield" sign on South Bonnyview Road at Eastside Road. ��� Voting was as follows : Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-210 is on file in the office of the City Clerk. RESOLUTION - Stop Signs on Athens Avenue MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 79-211 be adopted, a resolution of the City Council of the City of Redding amending the Traffic Control Map by establishing "Stop" signs on Athens Avenue at Olympus Avenue and Paris Avenue, on Olympus Avenue at Athens Avenue, and on Paris Avenue at Athens Avenue. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and //3 . Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 79-211 is on file in the office of the City Clerk. AGREEMENT - Recreation Facility Construction, Maintenance and Use Agreement MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the agreement between the City of Redding and the Enter- prise School District pertaining to recreation facility construction, maintenance and use, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Applications for Alcoholic Beverage Licenses Belly-Up Deli, 900 Dana Drive, Space 12A The Grub Steak, 1135 Pine Street Arcade Flowers, 1111 Hilltop Drive China House Restaurant, 2315 Eureka Way 338 Document re PUC Application of Inter-Mountain Stage Company for authority to increase passenger fares ADJOURNMENT There being no further business, at the hour of 11: 00 P.M. , Mayor Demsher adjourned the meeting. APPROVED: Mayor ATTEST: