Loading...
HomeMy WebLinkAboutMinutes - City Council - 1979-12-11 1 407 I City Council, Adjourned Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California December 11, 1979 7 : 00 P.M. The meeting was called to order at 7 : 00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness , Plan- ning and Community Development Director Perry, Electric Director Simpson, Public Works Superintendent Galusha, and City Clerk Brayton. MASTER SEWER PLAN IMPROVEMENTS Public Works Director Arness reviewed his memo to Council, co-signed by the City Manager, pertaining to the Master Sewer Plan Improvements, which memo is hereby made a part of these minutes by reference. Said memo discussed the current problem areas and submitted recommendations for Council information and consideration. Maps depicting each area were submitted with the memo. Bechelli Lane The report stated that there were significant sewage overflows in this area during the 1977 heavy rainstorms and subsequently, the City smoke tested and sealed numerous lines, modified and sealed manholes and added pumping station capacity by instal- lation of a parallel force main. The 1978 records indicate the City still has surcharges in the lines leading to Lift Station No. 2 on Bechelli Lane and Layton Road. The PACE Engineering report reveals that the present lift station is operating at 190% of capacity, based on calculated flows from '. existing connections. Staff has requested that PACE Engineering begin design work on the new lift station. It is hoped that a design contract will be ready for Council consideration on December 17, 1979. The City is not in a position to recommend a total funding _plan for the installation of this system; however, construction assistance will be sought from the Water Quality Control Board for this project. Should another sewage overflow occur in this area, the City may have to impose a moratorium on further connections. IO Councilwoman Gard questioned what percentage of the project would j be covered by assistance from the Water Quality Control Board. ,--) l 'lC Mr. Arness replied that an application hasn't been submitted yet, but it is assumed that such assistance could amount to as much as 87-1/2 percent of the project. Councilman Pugh questioned if the infiltration and inflow work that was performed was sufficient to prevent infiltration of the system. Mr. Arness replied that additional work is needed on the system, and the City is making application for assistance in this area. Public Works Superintendent Galusha said that assistance will be requested in the following areas: 1. For a monitoring program which will show the effectiveness of the infiltration and inflow work already performed. Such a program will cost approximately $50, 000; 408. 2. Assistance will be requested for the Bechelli Lane lift station, which was previously discussed, and said project could amount to a couple of million dollars. Canby Road - Churn Creek Road The property tributary to the Churn Creek trunk sewer north of Mistletoe Lane is proposed to be handled by an assessment district and a petition will be initiated. It is currently planned to spread the cost on the basis of household equivalents from all properties not currently developed or connected which are tributary to the sewer system. The PACE Engineering report indicates there are approximately 2700 unconnected household equivalents tributary to the trunk system at Mistletoe and Churn Creek. Based on esti- mated construction costs of $330, 000, the tentative cost per household equivalent would be approximately $125. The assessment district should proceed promptly in order to construct the sewer line prior to or as part of the roadway construction. Councilwoman Gard asked if the usual 60 percent signup formula will be used in this proposed assessment district. Mr. Arness replied in the affirmative. Mayor Demsher asked if the $125 charge would be in addition to the normal hookup fees. Mr. Arness replied in the affirmative. City Attorney Murphy asked how the household equivalents will be computed for unimproved commercial property. Mr. Galusha replied that the PACE Engineering report contains a formula which is equitable, based on zoning. Locust Street Lift Station It has not been determined how many additional household equivalents there are in the upstream undeveloped lands tributary to this station according to existing General Plan densities . Two alternative courses will be prepared for this project as follows: 1. A standard assessment district plan; and, 2 . A development agreement pursuant to new legislation effective January 1, 1980. It was noted that the cost for this lift station will be in the $15, 000 range. Councilwoman Gard noted that there are three recent conditional use permits in this area. Hiatt Drive Lift Station As soon as a preliminary design for the gravity sanitary sewer system is feasible for this area, the City will proceed with acquisition of necessary right of way. Construction will depend on funding and acquisition timing. Placer Street At this time, there is only one conditional use permit pending in the area tributary to the Placer Street lift station. Staff has long recommended bypassing this lift station since it is believed such a move would be cost effective. It is the staff I 409 recommendation that said bypass be constructed with City funds as soon as the design is complete. Councilwoman Gard questioned if an assessment district is a possibility for this area. Mr. Arness responded that there is very little property that is tributary to this lift station, noting that adjoining property ,, would be served by a gravity line and will bypass the lift station. 1 Enterprise Sewer Ponds The City has received conceptual approval from the State Water Quality Control Board for a grant in the amount of $565, 000 to eliminate the Enterprise Sewer Lift Stations 7 and 8 and to bypass the Enterprise ponds. Currently, the ponds are maintained in an active state, since Lift Stations 7 and 8 discharge to the ponds rather than to the recently constructed interceptor. The City' s share of this project is estimated to be approximately $80 , 000. It will probably be early Spring before a recommendation will be submitted to Council in this regard, following meetings with interested property owners in the area. Copies of the staff report were made available to members of the audience, and Mayor Demsher welcomed comments. Roger Froslie, 1807 Adobe, Red Bluff, questioned what the present construction fees are for water and sewer. City Attorney Murphy replied that said fees are $400 each. 111 Mr. Froslie questioned why the sewer connection fees collected by the City couldn' t be utilized rather than forming an assessment district for the Canby Road - Churn Creek Road area. City Attorney Murpy replied that those fees being collected by the City are tied up in a series of lawsuits which won' t be settled for . some time. He said that the cases haven' t been tried in Superior Court yet; and, when they are, such a decision may be appealed to a higher court unless some of the issues are resolved by the outcome of other litigation prior to the City' s case. While that litigation is ongoing, the City is receiving the sewer and water fees, pursuant to the adopted ordinances, and is holding the fees pending the out- come of that litigation in the event the City loses the lawsuit and is instructed to make refunds. Mr. Froslie asked if a condition could be implemented whereby the decision to form an assessment district could be reversed should the City win the court action. Assistant City Manager Courtney replied that the funds the City is collecting will be needed to finance other sewer needs that will benefit the community. The fees derived from the assessment district will benefit only the specific area of the district. Mr. Froslie said that his client, Mr. Knighten, advises that he is presently paying approximately $1800 in fees per parcel and it would seem that somewhere in that amount would be $125 to cover this pro- posed assessment district fee. Assistant City Manager Courtney replied that within a relatively short time, it is going to be necessary to go to the voters and ask them to approve a sewer revenue bond issue to fund improvements that will be needed in the mid 80 ' s. 410 Mr. Murphy stated that each fragment of the $1800 goes into a separate fund and is held for express purposes such as storm drainage, electric utilities, street construction and related projects, signalization, park improvements and park land acquisition. $800 of this amount covers the sewer and water fees referred to. $400 is applicable, by law, to sewer construction; and that may be tied up in litigation and not available for use. Councilwoman Gard commended the staff on the work that had gone into attacking the problems in the various areas with regard to sewers and for the positive approach expressed in the staff memo. She noted the job was well done in the time period allotted. Council took no action on this item. USE PERMIT APPLICATION UP-237-78 by Cypress Properties , Inc. Planning and Community Development Director Perry reviewed his memo to Council dated December 11, 1979, which memo is hereby made a part of these minutes by reference. Mr. Perry stated that at the conclusion of the public hearing on November 19, 1979, Council continued consider- ation of Use Permit Application UP-237-78 by Cypress Properties in order for staff to respond to questions by the attorney for CHY Co. and to allow the Planning Commission to comment on the developer ' s request to modify the conditions pertaining to sewers. Mr. Perry submitted copies of letters received from Cypress Properties , Inc. dated November 20, 1979, and from the Enterprise School District dated December 6 , 1979. At its regular meeting of November 27, 1979, the Planning Commission reviewed the proposed amendment of Condition No. 15 previously sub- mitted to Council. The Commission recommended that said condition be modified to read as follows : 15. Developer is to deposit with the City a sum equal to the cost of construction of an eight-inch sewer line in Canby Road from Mistletoe Lane to East Cypress Avenue. In the event an assess- ment district is formed for the construction of an 18-inch line, the developer shall agree to participate in the district. If the developer' s contribution exceeds his pro-rata share based \!- upon the benefit formula used for the assessment district, the developer shall be reimbursed by the district the difference he has contributed or shall pay the difference if his contribution was less than his pro-rata share. A building permit shall not be issued until adequate sewer capacity is provided. In addition, the staff recommends that Condition No. 26 be clarified to note that the developer will be given a credit against his cost toward an overpass for the value of the right of way dedicated and the two lanes constructed between Mistletoe Lane and Highway 44 . This issue is partially addressed in Condition No. 6 . As modified, Condition No. 26 would be as follows: 26 . The developer shall sign an agreement prepared by the City Attorney stating that he or his successor shall participate in an assessment district for the construction of an overpass from the north side of the entrance road to the project and at grade connection with Dana Drive on the north side of High- way 44. The developer' s assessment would be a pro-rated share based on the benefit formula established for the district. The developer shall receive a credit on his assessment for the fair market value of the right of way at the time of dedi- cation and the cost of the two-lane road constructed between Mistletoe Lane and Highway 44 as part of Use Permit UP-237-78 . t ' 411 It is the staff recommendation that Council approve the use permit with the conditions as outlined. It is also recommended that Council authorize the City Attorney to proceed with the acquisition of right of way south of Mistletoe Lane and authorize the Mayor to execute the necessary documents. Staff further recommends that Council finds in accordance with the guidelines of the California Environmental Quality Act, that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. Mr. Perry advised Council that the only point remaining at issue is the request of Cypress Properties that their financial exposure be limited to $20 , 000 for acquisition of drainage right of way. Staff recommends that the City not agree to this request and if at a later date an assessment district is formed, the applicant be given a credit. City Attorney Murphy said it should be made clear that this credit would not pertain to storm drainage, which must stand on its own, but would be for roadway right of way only. Councilman Pugh thanked the staff for the progress reports and the Planning Commission recommendation indicating that a substantial amount of work has been done in the areas of concern. Mr. Pugh noted that assuming these conditions are different from the ones presented at the public hearing and the hearing has been closed, does this present a problem. City Attorney Murphy responded that the only conditions that differ are Nos. 15 and 26 and as Mr. Perry stated, the Planning Commission, pursuant to Council' s request, had reviewed and approved the amendment to No. 15. Condition No. 26, in Mr. Perry' s judgment, is a clarification of the intentions and a parallel of the true intentions of the Plan- ning Commission in relation to the overpass . Mr. Murphy noted that there are persons in the audience who have shown concern for the entire area pointing out that CHY Co. has been in touch with various City representatives over the past week and may wish to speak in this regard. Councilwoman Gard noted that she had missed the public hearing at the last meeting, but has read the court reporter' s transcript and minutes of said meeting, and has attended all of the Planning Com- mission meetings in this regard and questioned if she is eligible to participate in discussion and voting in this matter. City Attorney Murphy answered in the affirmative. James Ceragioli, 1861 Shasta Pines Way, asked if the extension of Canby Road, as a FAU project, is to be built this spring. Mr. Arness responded in the affirmative. Discussion ensued between Messrs. Ceragioli and Arness pertaining to arterial stops and signalization in this area. Mr. Arness said that signals have been proposed for the Hilltop and Mistletoe intersection in the Public Works 5-Year Capital Expenditure Program. Mr. Ceragioli said his major concern is for the safety of the school children in the area in relationship to the increase in traffic that will be produced by this development. He noted that if the traffic projections in the EIR are anywhere near correct, the children living 412 west of the development going to Mistletoe School, and the children east of the development who have to ride the bus to go to the High School, are going to have the same safety problem noting also that there are no sidewalks in the area. Mr. Arness said he recalls discussions regarding a walk area along the electrical line on Mistletoe. He indicated he will research this further. Councilman Kirkpatrick said that initially it shouldn 't be much of a problem to put in a four-way stop at Churn Creek and Mistletoe, until traffic studies are complete. Mr. Arness responded that four-way stops are very effective and that is a definite alternative. Councilman Pugh noted that the new development, Monterio Plaza, on the south side of Mistletoe has sidewalks. Mr. Perry stated that sidewalks are required in new developments , but the City does have a problem getting existing developments to construct same. David Justice, Consultant, representing CHY Co. , said that Attorneys James Erickson and Leonard Bandell, and he had met with City Attorney Murphy last week to discuss their concern about various issues. He noted that his client has been concerned about positions taken by staff which led them to believe use of their land might be in jeopardy. Mr. Justice said he believes there is reason to hold off legal action as it is felt satisfactory cooperation has been reached with the City through the City Attorney. He said that with the recent position of cooperation, any legal recourse CHY Co. had will be delayed. Mr. Ceragioli questioned if a public hearing will be held on the overpass. Mr. Murphy responded that there would probably be many such public hearings. Leonard Bandell, Attorney, representing CHY Co. , said his client feels he will be able to work with the City in the future because of the spirit of cooperation received from the City Attorney. Mr. Bandell requested that the City hold off action on the Canby overcrossing until other developers in the area get underway with their projects. Mr. Murphy said that the modified conditions are comparable to those discussed in his office. They provide for pro rata participation in any assessment district or development agreement that is formed to build the overcrossing. Fair market value will be credited as their fair share of the assessment district cost right of way dedicated and usable for ramps to the overcrossing, if one is built. Mr. Bandell agreed that this concept is what had been discussed. Mr. Murphy added that this type of arrangement doesn' t bind anyone to development of an overcrossing if, from subsequent discussions, it is determined another route would be better. If it is decided to proceed with the overcrossing, they will participate to this extent. Mr. Bandell said this is not a commitment, but a method of financing the overcrossing through an assessment district and his client has no problem with that. 413 Mr. Murphy said that there had appeared to be a breakdown in communi- cation with CHY Co. and that the issues were resolved by the dis- cussion held in his office. George deUrioste, representing CHY Co. , said they have felt cut off from communication with the City and it has been difficult to get any type of response. Because of what they have viewed to be improper actions, they felt their only defense was litigation. Mr. deUrioste said that now they feel that Mr. Murphy has laid out a way to limit that action. He said their major concern is their feeling that we might be on the verge of seeing a repetition of a mistake of treating individual projects on a piece meal basis rather than looking at the real core and substance of an area-wide problem. He encouraged Council to hold off taking a piece-meal action on any project until it can come up with an area-wide solution for all properties involved. City Attorney Murphy responded that this gentleman was not present during his discussions with Messrs. Bandell, Erickson and Justice, and he did not understand from the meeting held, that CHY Co. desired that the City delay Cypress Properties. He said that such a delay is costing Cypress Properties a great deal of money each month and that the modification of the conditions approved by the Planning Commission make it possible to include Cypress Properties in the alternate solution for participating in solving the sewer and traffic problems. Councilwoman Gard said that the process for this development has been going on for two years and that the City has certainly looked at the sewer and traffic problems on an area-wide basis. She said Mike Wyant, on behalf of CHY Co. , had spoken several times on the projects . City Attorney Murphy advised that there are some alternatives still to be discussed for the area north of the freeway. He said it was his understanding that testimony would be given tonight presenting alter- native solutions to the traffic problems that it is agreed will exist upon completion of the proposed shopping centers. He noted that the Mt. Shasta Mall and the Tanglewood Subdivision will also increase traffic on Canby Road. He pointed out that the EIR listed alternatives , a study prepared by a consultant for the City presents views , and the City, historically, has received supplemental information from those concerned. He pointed out to CHY Co. that the construction of the overcrossing on Churn Creek is not at this point, an irreversible decision, as Council is still waiting for input into the project. He said he did not under- stand, during said meeting, that CHY Co. was pushing for a delay in approval of the Cypress Properties use permit. He said he would not have agreed to such a delay noting that it will cost them many thousands of dollars if they are inflicted with more delay. Councilwoman Gard stated that the projects are distinct and different. Supplementary information is still needed on the overpass whereas it doesn't appear there is much more to say with regard to the Cypress Properties development. She doesn' t see the approval of said develop- ment as a piece meal decision. Mayor Demsher said that the problems have been identified and the solutions worked out and that a great deal of progress has been made. He said the need for an overpass appears necessary at this point; how- ever, if it appears that a better and cheaper solution is found, the participants have the assurance that all parcels of property are identi- fied as party to the solution of this problem. He feels the package is fitting together very well. Mr. Murphy said that any traffic solution for the area will involve some sort of joint financing that would include CHY Co. and Cypress Properties. 414 Councilwoman Gard noted that a benefit district would benefit all. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Council finds , in accordance with the guidelines of the California Environmental Quality Act, that changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR and that, under Section 18 . 70 . 050 of the City Code, the use permit, with the conditions imposed, will not be detrimental to the health, safety, peace, morals , comfort, or general welfare of persons residing or working in the area, nor will it be detrimental or injurious to property. The Vote : Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard approving UP-237-78 subject to Conditions 5, 6 , 7 and 8 outlined in the staff memo dated November 16, 1979, and Conditions 15 and 26 as modified in the staff memo dated December 11, 1979 , authorizing the City Attorney to proceed with acquisition of right of way south of Mistletoe Lane, and for the Mayor to execute the necessary documents. Councilman Pugh noted that prior to taking the vote, he would like to comment that it does appear that the City is not commiting itself to a total solution for the area thereby maintaining some flexibility. The area will continue to have problems and individuals will have problems; however, Council is adopting a program where the developer realizes some benefit. Mr. Bandell said it isn' t their intention to delay Cypress Properties; however, they are concerned with traffic. He pointed out that Council indicates they are open to other alternatives yet Condition 26 will commit Cypress Properties to participate in an assessment district if an overpass is created. If the City is persuaded in the future that it is inappropriate to develop the overpass at this location, the use permit will have been approved for that location with no other recourse for Cypress Properties to participate in development of the overpass at another location. City Attorney Murphy said the condition could be amended by adding, or such other traffic solution for this area which is of benefit to the applicant, including any modification of the present proposed route of the overcrossing. Mr. Bandell said they would agree to that amendment. Council Members Pugh and Gard agreed to said amendment of their Motion regarding Condition No. 26, as follows : 26. The developer shall sign an agreement prepared by the City Attorney stating that he or his successor shall participate in an assessment district for the construction of an overpass from the north side of the entrance road to the project and at grade connection with Dana Drive on the north side of High- way 44 , or such other traffic solution for this area which is of benefit to the applicant, including any modification of the present proposed route of the overcrossing. The developer ' s assessment would be a pro-rated share based on the benefit formula established for the district. The developer shall receive a credit on his assessment for the fair market value of the right of way at the time of dedication and the cost of the two-lane road constructed between Mistletoe Lane and Highway 44 as part of Use Permit UP-237-78 . Mayor Demsher called for a vote on the existing motion on the floor, with said amendment. The Vote: Unanimous Ayes 415 Because Councilman Pugh is abstaining from discussion and voting on the following item, he was excused from the meeting at this point. APPEAL OF WOODSIDE MEADOWS SUBDIVISION, Units 3 and 4 Planning and Community Development Director Perry reviewed his memo to Council dated December 11, 1979, stating that, at the conclusion of the public hearing on December 3, 1979, Council continued consider- ation of the appeal of Woodside Meadows Subdivision, Units 3 and 4 , in order to consider it along with the application for the shopping center between Canby Road and Hilltop Drive. Mr. Perry stated that Mr. Knighten has appealed the two conditions pertaining to park fees and sewer connections. It is the opinion of both the staff and the Planning Commission that the map is subject to park fees and that the required findings could not be made with respect to sewer line capacity without Condition No. 18 as follows : 18 . Developer is to note that Units 3 and 4 shall not be recorded until adequate sewer service is provided in Canby Road, between Mistletoe Lane and Cypress Avenue, or unless the developer sub- mits a letter to be approved by the City Attorney holding the City harmless if adequate sewer capacity is not available at the time of development. It is the recommendation of staff that the appeal be denied and that the action of the Planning Commission be upheld. Jerry Knighten, developer, asked if the City has checked the sewer lines with respect to capacity flow. Public Works. Superintendent Galusha advised that the City flow- monitored the lines in August and that dry weather flows were taken today, but the results aren' t available. Mr. Knighten contended that the sewer is not operating at capacity flow in this area. With respect to the tentative map, he stated his subdivision plans were filed in May of 1979 and were signed and okayed by the Public Works Director, which he assumed meant that everything was okay. On September 20, he was informed that his tentative map had expired and that park fees and sewer connections would now be a requirement of his subdivision. He feels this is unfair and that he is being the "goat" ; that there should be a "grandfather clause" IU for protection. Y Councilwoman Gard asked the developer if he felt it was the City ' s responsibility to notify him when the tentative map expired. Mr. Knighten responded in the affirmative adding that he was counting on the City. He said he had anticipated it would take six months to get to the first phase when, in fact, it took nearly 18 months . He felt and trusted that it was the City' s responsibility to notify or remind him of the expiration date. Legally, he said it was grossly his responsibility; but, the City had the plans in the Engineering Department and because of his ignorance of the policy, he didn' t realize the map was about to expire. Councilwoman Gard confirmed that when a map expires , it is as if it never existed. City Attorney Murphy replied in the affirmative. Mr. Perry said that the letter of approval includes the date the map expires and the date an extension must be applied for. 416 Mr. Murphy stated that obviously there is real pain and suffering on the part of the developer; however, since June 25, 1978 , the City has heard this story 60 or 70 times in one form or another. He said the ordinances for development fees were rushed through after passage of Proposition 13. They created cut-off dates which if applicants missed, have caused them expenditure of many hundreds of dollars and this makes them very unhappy. Mr. Murphy said that if the pend- ing litigation is settled, and if the City is wrong, these funds will be refunded to Mr. Knighten. If this applicant is granted the relief he seeks, Mr. Murphy said he knows of many more cases where the same principle applies to lesser or greater degrees. Councilwoman Gard said she thinks there is a limit as to how much the City should be expected to do noting that notification of the appli- cants is added expense to the City. She feels the developers have to assume responsibility for what they do. Councilman Kirkpatrick noted that if a project doesn' t proceed on a time schedule, there should be some checks and balances worked into the procedure so that Planning knows the status of the development. Mayor Demsher asked if this planning procedure is routine and whether extension of the tentative map is a common practice. Mr. Perry responded that the Planning Commission has not changed its policy with regard to tentative maps which are good for a period of up to three years , and that the Department processes almost as many extensions as it does tentative maps. Councilman Kirkpatrick asked if the Planning Department has some tenta- 11 tive maps that have expired because the developer did not wish to proceed. Mr. Perry responded in the affirmative. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the appeal be denied and the action of the Planning Commission be upheld. The Vote: Unanimous Mayor Demsher commended the staff for the work expended on solutions to the many problems at hand. ADJOURNMENT There being no further business, at the hour of 8 : 30 P.M. , Mayor Demsher declared the meeting adjourned. APPROVED: 641IP ATTEST: Ci Clerk