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HomeMy WebLinkAboutMinutes - City Council - 1978-10-16C 1 309 City Council, Regular Meeting Police Dept. & Council Chambers Bldg. Redding, California October 16, 1978 7:00 P.M. The Pledge of Allegiance to the Flag was led by Director of Electric Simpson. The invocation was offered by the Reverend Jim Autry, Associate Pastor, Redding First Baptist Church. The meeting was called to order at 7:00 P.M. by Mayor Demsher with the following Council Members present: Fulton, Gard, Kirkpatrick, Pugh, and Demsher. Also present were City Manager Brickwood, Assistant City Manager Courtney, City Attorney Murphy, Public Works Director Arness, Director of Planning and Community Development Harris, Chief of Police Whitmer, Director of Electric Simpson, Director of Personnel and Labor Relations Reynolds, Electric Superintendent Mix, Deputy Planning Director Perry, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Hastings, and Deputy City Clerk Richter. APPROVAL OF MINUTES MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick approving the minutes of the regular meeting of October 2, 1978, as mailed to each Council Member. The Vote: Unanimous Ayes WRITTEN COMMUNICATIONS Shasta Union High School District In a communication to Council, the Shasta Union High School District requested permission for Shasta High School to hold its Annual Home- coming Parade on November 4, 1978; said parade to commence at 4:00 P.M. The Police Department of the City and the State Department of Trans- 3 portation have approved the parade route and the hour indicated. MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton approving the aforestated request. The Vote: Unanimous Ayes Shasta Union High School District In a communication to Council, the Shasta Union High School District requested permission to conduct the 8th Annual Redding Band Review on October 21, 1978. The proposed route has been changed from the Park Marina Drive area to the downtown area on California Street, from Shasta to Placer and to the Lorenz Hotel parking area. It is the joint recom- mendation of the City Manager and the Chief of Police that Council give this request favorable consideration. Councilman Fulton asked why the route for the Band Review was being 3 moved from the Park Marina Drive area to the downtown area. Mayor Demsher said that those involved are endeavoring to encourage more participation in this fine activity. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh approving the aforestated request. The Vote: Unanimous Ayes Peace Officers Assn. of Redding Deputy City Clerk Richter read the following letter of appreciation to Council from the Peace Officers Assn. of Redding. �,� 310 All Members of the City Council: I have had the pleasure of being the Chief Negotiator for the Peace pfficers Association of Redding since 1974. In 1978, with the assistance of Mr. William Brickwood, we were able to reach agreement with the City. After reaching agreement we had the "Proposition 13 Melee" hit us. This started to lead to dissension between the employees and Manage- ment. With the assistance of Mr. Archer Pugh, who was representing the City Council, and Mr. Brickwood, we were able to keep our entire membership apprised of the status of Proposition 13 as it pertained to our contract. After listening to the City Council and Mr. Brickwood, I am proud to say that I am a member of the Peace Officers Assn. of Redding, and an employee of the City of Redding, who has a Council and a City Manager who truly care about their employees. Please accept appreciation from the entire Association membership. Respectfully submitted, /s/ Terrance P. Alvord TERRANCE P. ALVORD Chief Negotiator Peace Officers Assn. of Redding CLAIMS FOR DAMAGE AND PERSONAL INJURY - 1st hearing Robert Edwin Quijada - Claim filed 9/29/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Personal Injury filed by Robert Edwin Quijada on September 29, 1978 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining Marcus S. and Rod Martin - Claim filed 10/4/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the Claim for Damage filed by Marcus S. and Rod Martin on October 4, 1978 be referred to the City Attorney and the City Insurance Carrier, \� and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes Royal -Globe Insurance Companies on behalf of Brian R. Hanson - Claim filed 10/5/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Personal Injury filed by Royal -Globe Insurance Companies on behalf of Brian R. Hanson on October 5, 1978 be denied, and referred to the City Insurance Carrier. The Vote: Unanimous Ayes Betty Marie Friedrich - Claim filed 10/10/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Personal Injury filed by Betty Marie Friedrich on October 10, 1978 be referred to the City Attorney and the City Insurance Carrier, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes 311 Fred Burdett - Claim filed 10/11/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the Claim for Damage filed by Fred Burdett on October 11, 1978 be referred to the City Insurance Committee, and that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes Fred Piatkin - Claim filed 10/11/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Fred Piatkin on October 11, 1978 be referred to the City Attorney and the City Insurance Carrier, and 13 that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes Patty Freeman - Claim filed 10/11/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by Patty Freeman on October 11, 1978 2 be referred to the City Attorney and the City Insurance Carrier, and �� J that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes Vera Freeman - Claim filed 10/11/78 MOTION: Made by Councilman Kirkpatrick,. seconded by Councilman Pugh that the Claim for Damage filed by Vera Freeman on October 11, 1978 be referred to the City Attorney and the City Insurance Carrier, and 1 �� that the City Clerk be instructed to place the Claim on the agenda for the meeting of November 20, 1978. The Vote: Unanimous Ayes CLAIMS FOR DAMAGE AND PERSONAL INJURY - 2nd hearing Aletha L. Green - Claim filed 9/1/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the Claim for Personal Injury filed by Aletha L. Green on September 1, 1978 be denied, and referred to the City Insurance Carrier. The Vote: Unanimous Ayes Tom O'Connor - Claim filed 9/7/78 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the Claim for Damage filed by Tom O'Connor on September 7, 1978 be approved in the amount of $96.95, based on the recommendation of the 1� City Insurance Committee. The Vote: Unanimous Ayes William D. Mann - Claim filed 9/11/78 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that the Claim for Damage filed by William D. Mann on September 11, 1978 be denied, based on the recommendation of the City Insurance Committee, and that the claimant be so advised. The Vote: Unanimous Ayes SETTLEMENT OF CLAIM FOR DAMAGE - Melody G. Scheffel City Attorney Murphy advised Council that the Claim for Damage filed by Melody G. Scheffel on August 15, 1978 has been settled by the City Insurance Carrier in the amount of $1,072.08. APPROVAL OF PAYROLL AND ACCOUNTS PAYABLE REGISTER MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Accounts Payable Register No. 8, check nos. 59785 to 59978, inclusive, in the amount of $863,020.69 for the period ending October 16, 1978, be approved and paid, and that Payroll Register No. 7, check nos. 105955 to 106437, inclusive, salaries in the amount of $261,965.63 for the period September 17, 1978, through September 30, 1978, be approved. Total $1,124,986.32 Voting was as follows: 312 Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None ORDINANCE - Rezoning Application RZ-10-78, by Winifred Woods MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1411 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. 1411 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-10-78) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Ordinance No. 1411 is on file in the office of the City Clerk. REVENUE SHARING COMMITTEE REPORT AND RECO14MENDATION The report and recommendation of the Revenue Sharing Committee, dated October 12, 1978, was submitted to Council Members and is hereby made a part of these minutes by reference. Councilwoman Gard, Chairwoman of said Committee, read the report and made appropriate remarks. Mrs. Gard noted that the Committee considered requests on the basis of what benefit the service will have for the City of Redding and took the position that, due to the changed financial situation of various agencies brought about by the passage of Proposition 13 (Jarvis -Gann Initiative), no new funding would be recommended this year. She noted that requests totaling more than $200,000 were submitted to the Committee and after careful evaluation, it feels revision of its recommended expenditure of $80,000 to $87,578 is justified. She indicated that the Committee attempted to give agencies "survival funding" and if other sources of funding are available to them, this was taken into consideration. The Committee recommendations for allocations are as follows: Martin Luther King, Jr. Memorial Center Contract Services - MLK Center Bd. of Dir. $18,844* Other Operating Expenses 8,000 Capital Outlay 5,500 Special Teen Recreation Program 13,515* - "The Center" Golden Umbrella 4,400 Consumers Aid of Shasta County 3,000 Shasta County Legal Aid Society 7,500 People of Progress 850 Haven Humane Society 2,000 Phoenix House 5,000 YMCA Youth and Family Counseling Center 2,169 KIXE Public Television 11,800 Junior Museum (Shasta Natural Science Assn.) 5,000 $87,578 *Contractual Agreement approved by the City Council on September 5, 1978 L.� A 1 313 Councilman Fulton asked why the Committee made provision for funding to KIXE for purchase of a color film camera system when there are service agencies in need of assistance. Mrs. Gard replied that this is a one-time capital outlay expenditure. She said the City has made a form of a commitment to KIXE by becoming involved in the location of the station and a portion of matching funds from the Revenue Sharing Funding will give them an opportunity for a rather large Federal grant to assist in the procurement of this equipment. In a reply to a comment about the slight increase in funding to some of the organizations over last years' amounts, Mrs. Gard said that some agencies were granted last years' allocation plus 6%. Mrs. Gard noted that the City had previously given the Family Service Agency funding for a special program for hard core delinquents and because this program was of assistance to the Redding Police Department, Council felt it a viable project in which to participate. She said that because of the loss of County funding, the Family Service Program will be short of funding and the special program may be jeopardized. Mayor Demsher said that Council has supported the Family Service Agency for the last few years and it would seem unfair to cut them out completely particularly when some agencies have been given a 6% increase in funding. Councilman Pugh said that funding was initially given to the Family Service Agency because of the program which helped the Redding Police Department and if this program is stopped, he questioned whether $5000 should still be allocated to its general fund. Councilwoman Gard apprised Council that the allocation to the YMCA will be utilized for replacement of windows, the MLK Center will use its $5500 for Capital Outlay to replace the portable partition in its facility, and the People of Progress allotment will be used for provision of garden plots. It was suggested that a meeting be arranged with the Family Service Agency Board to discuss its needs and financial status and that more consideration be given before approving the funding recommended for KIXE. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Revenue Sharing Recommendation be approved, as submitted, with the exception of the allocation designated for KIXE Public Television, which requires additional consideration, and that the Family Service Agency be considered for possible funding. The Vote: Unanimous Ayes Council will take definitive action on its decision re KIXE Public Television and the Family Service Agency at a later meeting. CONTINUED PUBLIC HEARING - General Plan Amendment GPA -2-77, Cascade Neighborhood Plan The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Continued Public Hearing on General Plan Amendment GPA -2-77, Cascade Neighborhood Plan. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Department Report dated October 12, 1978 The Deputy City Clerk advised Council that no written protests had been received. 314 Planning and Community Development Director Harris reviewed his memo to Council dated October 12, 1978, which memo is hereby made a part of these minutes by reference. He noted that at its regular meeting of August 7, 1978, Council referred the Cascade Neighborhood Plan back to the Planning Commission for comment on several requested changes to the Plan that the Commission had not reviewed. Subse- quently, both the Planning Commission and the Cascade Advisory Com- mittee have met to review the requested changes. At its regular meeting on October 10, 1978, the Planning Commission recommended approval of the Plan, subject to the following changes: 1. Reclassify the residential area along Kenyon Drive to six units per acre. 2. Reclassify the level area west of the ACID Canal and south of Olney Creek from three units per acre and one unit per acre to three units per acre and two units per acre. 3. Reclassify a portion of the property located generally on the south side of South Bonnyview, west of the Sacramento River, and east of Fire Hall No. 4, from six units per acre to two units per acre and "Retail Commercial." Mr. Harris noted that neither the Commission nor the Cascade Committee recommended multiple family along Reno Lane, as had been requested. The Planning Commission also recommended that the "Commercial Service" classification not be extended across Kenyon Drive, although both the Committee and the staff had recommended the expansion as requested by the owner, Mr. McCants. Mr. Harris said it is the recommendation of the Planning Commission and the staff that the Council approve the Plan as submitted. It is also suggested that Council find, pursuant to the California Environmental Quality Act, that changes or alterations have been required in, or incorporated into, such project which mitigate or avoid the significant environmental effects thereof as identified in the final EIR. In addition, it is recommended that the following findings be made: 1. The adoption of the Plan is necessary to promote orderly development. 2. The Plan bears a reasonable relationship to existing land use and environmental conditions. 3. Where development is proposed to occur, the land is physically suitable for the levels of development proposed. If Council concurs, it is suggested that the Plan be approved and that the City Attorney be directed to prepare a resolution for consideration at the next regular meeting. Councilwoman Gard referred to the Michelson property and asked Mr. Harris, if in Planning's determination of density, residential credit was given to area subject to flooding as depicted on the flood plain map. She was answered in the negative. Mike Wyant, 698 Azalea Avenue, representing the Tharalson-Michiels 334 -acre parcel of land, stated that the Corps of Engineers flood plain map utilized by the City shows the flood plain boundary to be 500 ft. from the River. Mr. Wyant submitted a map to Council indicating that the flood plain line is, in fact, only 50 ft. from the River. He requests that consideration be given to this new evidence of a change in the flood plain line. i 1 1 315 Mr. Harris replied that at the time plans for development of the parcel are submitted to the Planning Commission, this evidence will be considered. MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that the Public Hearing be closed. The Vote: Unanimous Ayes Mr. Harris pointed out that Mr. McCants requests that the "Commercial Service" classification be extended across Kenyon Drive and the staff and Cascade Committee concur with this request although the Planning Commission does not. He said that Council may wish to consider this further. Councilwoman Gard said that when looking at the Zoning Map, it appears very logical to deny the request of Mr. McCants; however, in looking at the area in the field, it is a very illogical recom- mendation. She noted that this is the narrowest part of the canyon with a 40 ft. road and that 40 ft. away from the narrow ravine, the proposal would be to develop a residential area, if the request were denied. She concurs with the recommendation of the Cascade Committee and staff that the commercial classification should be extended across the road. Councilman Pugh asked what the Planning Commission reasons were for denying the request of Mr. McCants. Mr. Harris replied that the Planning Commission was concerned with the concept of strip commercial. He indicated that the Commission did not appear to be aware of the existing commercial classification on the north side of the street. Councilman Fulton asked Mr. Harris to respond to the Westwood Con- struction Company request. Mr. Harris replied that all of their expanded area would be at the same density. He said the Planning Commission felt it would be desirable to maintain the same level of density in that area all the way to the bluff line. He noted that this change satisfied the applicant. At the request of Councilman Pugh, actions on the four changes to the Proposed Plan recommended by the Planning Commission were considered individually. MOTION: Made by Councilwoman Gard, seconded by Councilman Kirkpatrick that the residential area along Kenyon Drive be reclassified to six units per acre, as recommended by the Planning Commission. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard that the level area west of the ACID Canal and south of Olney Creek be reclassified from three units per acre and one unit per acre to three units per acre and two units per acre, as recommended by the Planning Commission. The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that a portion of property located generally on the south side of South Bonnyview, west of the Sacramento River, and east of Fire Hall No. 4, be reclassified from six units per acre to two units per acre and "Retail Commercial", as recommended by the Planning Commission. The Vote: Unanimous Ayes 316 MOTION: Made by Councilwoman Gard, seconded by Councilman Fulton that the "Commercial Service" classification be extended to the south side of Kenyon Drive, as requested by Mr. McCants, and as recommended by the Cascade Committee and the City staff. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the General Plan Amendment GPA -2-77, the Cascade Neighbor- hood Plan, as hereinbefore amended, finding that changes or alter- ations have been required in, or incorporated into, such project, which mitigate or avoid the significant environmental effects thereof as identified in the final EIR, and also finding: 1. The adoption of the Plan is necessary to promote orderly development. 2. The Plan bears a reasonable relationship to existing land use and environmental conditions. 3. Where development is proposed to occur, the land is physically suitable for the levels of development proposed. The Vote: Unanimous Ayes The City Attorney was directed to prepare a resolution on the above General Plan Amendment to be adopted at the next regular meeting. It was noted that the approval of the Cascade Neighborhood Plan does not include approval of the Olney Creek Flood Plain Map which will be forthcoming at a later meeting. Council commended the staff and the Cascade Committee for devoting hours of their time in meetings held from time to time in working out the tedious details of this Plan. At the request of Council, Mr. Harris agreed to write a formal letter of appreciation to members of said Committee. PUBLIC HEARING - Garden-Verda Alley Assessment District No. II The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on the Garden-Verda Alley Assessment District No. II. The following documents are on file in the office of the City Clerk: Affidavit of Mailing and Posting - Notice of Public Hearing Report of the Superintendent of Streets dated 9/19/78 The Deputy City Clerk advised Council that no written protests had been :received, and the Mayor ascertained that there were no protests from the floor. Associate Civil Engineer Hastings noted that this is the second hearing held to hear protests, if any, to the final costs for the subject alley assessment district. He noted that the job is complete. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilwoman Gard that Resolution No. 78-188 be adopted, a resolution of the City Council of the City of Redding confirming the Report of the Superintendent of Streets on the cost of construction of certain improvements in the Garden-Verda Alley Assessment District (No. II), and making assessments to pay the cost thereof. i 1 1 317 Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-188 is on file in the office of the City Clerk. PUBLIC HEARING - Rezoning Application RZ-11-78, by Baird Dobrowsky The hour of 7:30 P.M. having arrived, Mayor Demsher opened the Public Hearing on Rezoning Application RZ-11-78, by Baird Dobrowsky. 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 10/12/78 The Deputy City Clerk advised Council that no written protests had been received, and the Mayor ascertained that there were no protests from the floor. If Council concurs, it is suggested that the negative declaration be ratified, the rezoning approved, and the prepared ordinance be offered for first reading. It is also recommended that the fire zone be changed from Fire Zone 1 to Fire Zone 2. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the Planning Commission and staff, as hereinbefore stated. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Planning and Community Development Director Harris reviewed the the following findings recommendation of the Planning Commission as contained in his memo- randum to Council dated October 12, 1978. It is the recommendation Baird Dobrowsky: of both the Planning Commission and the staff that the subject property, located at 1552 Oregon Street, be rezoned to "CO -F" Office is compatible with the District, with the site -plan -review requirements to stipulate the following: l will not significantly 1. At the time a residence is converted to an office use, the building is to meet the requirements of the Fire Marshal is compatible with surrounding land use; and the Building Official. 4. Project 2. A minimum seven percent of the gross land area of the lot is Code of the City of Redding, to be landscaped. Landscaped areas are to be located in the California, front and street side yards. 3. The minimum off-street parking requirements are to be complied with at the time of conversion to office use. If Council concurs, it is suggested that the negative declaration be ratified, the rezoning approved, and the prepared ordinance be offered for first reading. It is also recommended that the fire zone be changed from Fire Zone 1 to Fire Zone 2. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Public Hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh approving the recommendation of the Planning Commission and staff, as hereinbefore stated. The Vote: Unanimous Ayes MOTION: Made by Councilwoman Gard, seconded by Councilman Pugh that Council make the following findings regarding Rezoning Application RZ-11-78, by Baird Dobrowsky: 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, 318 and, ratifies the Negative Declaration approved by the Board of Administrative Review on September 5, 1978. The Vote: Unanimous Ayes Councilwoman Gard offered Ordinance No. 1412 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-11-78) RESOLUTION - Rejection of Bid - 34,000 lb. GVW Chassis and Line Body MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-189 be adopted, a resolution of the City Council of the City of Redding rejecting all bids for a 34,000 lb. GVW chassis and line body, submitted under Bid Schedule #1046, and declaring that the required equipment can be acquired for a lower price in the open market, and author- \0�'? izing negotiation therefor. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-189 is on file in the office of the City Clerk. STATUS REPORT - Acquisition of Enterprise PG&E Facilities Electric Director Simpson reported to Council that the City met with the PG&E District Manager today (October 16). PG&E did provide the City with an offer to sell the Enterprise PG&E Electric Facilities. He stated (� that it is a very complicated offer and very definitely carries the possibility of litigation in the future. Mr. Simpson requested an executive session to consider the proposal. City Attorney Murphy noted that he has requested an executive session later in the meeting and inclusion of this item would be appropriate. CASCADE ANNEXATION N0. 78-1 - by David Kuykendall Planning and Community Development Director Harris reviewed his memo to Council dated October 12, 1978. He stated that at its regular meeting of September 13, 1978, the Local Agency Formation Commission approved the petition by the applicant to annex fifteen acres, located north of Bran - stetter Lane, to the City of Redding. The area was depicted on the Vu Graph. Mr. Harris said it is the recommendation of staff that Council ratify the negative declaration and approve the annexation. If Council concurs, the City Attorney has prepared an ordinance for first reading. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the. recommendation of the staff and making the following findings re Cascade Annexation No. 78-1, by David Kuykendall: L iCr� /> 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 Adminis- trative Review on June 7, 1978. The Vote: Unanimous Ayes Councilman Pugh offered Ordinance No. 1413 for first reading, an ordinance of the City Council of the City of Redding approving the annexation of certain uninhabited territory designated "Cascade Annex No. 78-1" to the City of Redding. 319 GENERAL PLAN AMENDMENT APPLICATION GPA -4-77 - The Knolls Councilman Pugh abstained from discussion and voting on this item. Planning and Community Development Director Harris reviewed the recom- mendation of the Planning Commission as contained in his memorandum to Council dated October 12, 1978, which report is made a part of these minutes by reference. Mr. Harris reported that after the close of the public hearing on August 7, 1978, at the request of the applicant, Council referred GPA -4-77, The Knolls, back to the Planning Commission to determine if a compromise could be reached between the recommendation of the Planning Commission and the density proposed by the developer. The 60 acres in question are located generally between Sunset Drive and Overhill Drive, south of Eureka Way. The area was depicted on the Vu Graph. Mr. Harris noted that as compared with the existing General Plan, the Commission recommendation and the developer's request are as follows: _ Commission Developer's Units Permitted Existing Recommendation Request Standard Subdivision 46 84 109 Planned Development 89 120 156 The Commission recommendation before Council represents an 82 -percent increase in the density now permitted by the General Plan. The developer has requested a 128 -percent increase in density. It is the recommendation of both the Planning Commission and the staff that the General Plan be modified to provide for 84 units in a conventional subdivision and 120 units in a planned development, and finding that changes or alterations have been required in, or incorporated into, such project, which mitigate or avoid the significant environmental effects thereof as identified in the final EIR, pursuant to the California Environmental Quality Act. If Council concurs, it is recommended that the City Attorney be required to prepare a resolution for adoption at the next meeting. In addition, the following factors should also be found to be evident: 1. The amendment bears relationship to and is consistent with topography, spatial location, adjoining development, and accessibility. 2. The site is physically suitable for the proposed density of development as a conventional subdivision or as a planned -unit development. 3. The number of units permitted will not cause serious public-health problems nor cause substantial environmental damage. Councilman Fulton asked if the developer is still holding to his request for 156 units in a planned development. Mr. Harris replied in the affirmative. He stated that although the developer has indicated a willingness to compromise to 145 units, the Planning Commission did not accept that compromise, but recommended a maximum of 120 units for the project. At the request of Councilman Fulton, Mr. Harris read the communication from W. A. Gelonek, W. Ward Gandy, and William L. Farrell dated October 10, 1978, which letter is on file in the office of the City Clerk. Said letter states, in essence, that after careful review of the topography of The Knolls by the office of W. A. Gelonek and Affiliates, Inc., a map was drawn determining the areas of differing land slopes. It is felt that usable acreage (0-20% slope) is closer to 40 acres than the 30.1 acres considered usable by the Planning staff. Mr. Gelonek and his associates feel this results in a 30% increase in usable acres for purposes of determining net density. 320 Mr. Harris replied that he had commented on this in the referenced staff report. He noted that regardless of the amount of usable area, staff would have recommended the same density for the subject property. He said it appears that the discrepancy is the result of differences in how the slope areas are calculated and staff uses the same method of calculation throughout the City. He said that the City is not in a position to argue with them, but does not feel it changes the recommendation. Assuming the calculation is correct, gross acreage remains the same; and additional General Plan density on such basis alone is not warranted. Mr. Harris noted it is important to remember that the Commission has recommended a sizable increase in density over the existing General Plan and that the concern should not be with the difference between the recom- mendation of the Planning Commission and the developer's request, but rather with what the developer has requested and what the existing General Plan now allows. Councilwoman Gard felt the citizens of the City will have to decide whether we want our City to have a population of 150,000 or 1/2 million. She adamantly felt the General Plan Amendment requests should not be considered on an individual basis, but that the entire General Plan should be changed if it is our desire to be a large city. She said that if the City is going to triple the densities in the General Plan on an individual basis, then the cumulative effect of these decisions will have to be accepted. Councilman Kirkpatrick concurred with Mrs. Gard and said that the City has a General Plan that should not be changed without good reason. He felt the Planning Commission has done a good job on this amendment and noted that it had adhered to its original recommendation. MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard approving General Plan Amendment GPA -4-77 (The Knolls), providing for 84 units in a conventional subdivision and 120 units in a planned development, and finding that changes or alterations have been required in, or incorpo- rated into, such project, which mitigate or avoid the significant environ- mental effects thereof as identified in the final EIR, and also finding: 1. The amendment bears relationship to and is consistent with topography, spatial location, adjoining development, and accessibility; 2. The site is physically suitable for the proposed density of develop- ment as a conventional subdivision or as a planned -unit development. 3. The number of units permitted will not cause serious public-health problems nor cause substantial environmental damage. Mayor Demsher expressed enthusiasm for the cluster -type development concept as it encourages open space, is energy efficient, and does not require undergrounding of utilities, etc. Councilwoman Gard noted that the General Plan is relative to the land and not to the project. She said that the land could be sold tomorrow and something completely different in concept could be planned. Mayor Demsher called for a vote on the existing motion. Voting was as follows: Ayes: Council Members - Gard, Kirkpatrick, and Demsher Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Pugh The City Attorney was directed to prepare a resolution on the above General Plan Amendment to be adopted at the next regular meeting. 321 CALTRANS NOTICE OF INTENTION TO RELINQUISH CERTAIN RIGHTS OF WAY ON NOTICE OF COMPLETION - Construction of Placer Street 8" Water Line CYPRESS AVENUE Public Works Director Arness advised Council that Caltrans has informed the City that it is proceeding with the necessary steps to officially MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting relinquish to the City those portions of Cypress Avenue at Bechelli Lane and at Hilltop Drive, pursuant to the City -State Cooperative Agreement No. 02-64 dated December 28, 1976. A copy of the Council minutes of Boulevard to Regent Avenue, Bid Schedule No. 1027, as being completed December 20, 1976, indicating Council approval of the Agreement and a'� sketch showing the right of way to be relinquished, were submitted to Council Members. Mr. Arness said the City assumed maintenance of the Completion. The Vote: Unanimous Ayes signal installations at Bechelli Lane and Hilltop on June 21, 1978. WISCONSIN AVENUE - RIDGE DRIVE TRAFFIC At its meeting on October 2, 1978, Council received a petition from the and Street residents of Wisconsin Avenue and Ridge Drive urging the City to complete Buenaventura Boulevard through to Eureka Way in an effort to curb the traffic load in that residential area. Council referred this item to accepting installation of all improvements within Woodcliff Estates Sub- staff for study and recommendation. Mr. Arness reviewed his report on Wisconsin Avenue and Ridge Drive to 10 Council dated October 12, 1978, and submitted accident and traffic count maintenance and operation. The Vote: Unanimous Ayes data and random sampling of traffic counts on similar streets in Redding.^� He did not feel the traffic counts are out of line for a roadway of this type. Mr. Arness recommended that Council reconsider Buenaventura, along ')170,4 with the entire traffic circulation throughout the City, at budget time. He did not recommend any immediate changes in Wisconsin nor impromptu traffic control devices to shuttle traffic to other north -south streets. Councilman Pugh noted that the size of the subdivision on Oro Street has doubled in the past two years and accounts for the increase in traffic. Council was advised that 1600 feet of Buenaventura remains unimproved to Eureka Way. Council requested that staff apprise the petitioners of the information submitted to Council re Wisconsin Avenue/Ridge Drive. REJECTION OF BIDS - Construction of Sewer Force Main, Layton Road - Ricardo Avenue Public Works Director Arness submitted a tabulation of bids received and opened on October 19, 1978 on Construction of Sewer Force Main for Layton Road - Ricardo Avenue, Bid Schedule No. 1047. Due to a clerical I error regarding service of notice of an addendum, it is recommended that the bids be rejected in toto and Council authorize re -bidding of this project. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the aforestated recommendation of the Public Works Director: The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Placer Street 8" Water Line Extension - Buenaventura Boulevard to Regent Avenue MOTION: Made by Councilman Pugh, seconded by Councilman Fulton accepting the Construction of Placer Street 8" Water Line Extension, Buenaventura Boulevard to Regent Avenue, Bid Schedule No. 1027, as being completed 3 3 satisfactorily, and instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes WOODCLIFF ESTATES SUBDIVISION, UNIT NO. 1 - Acceptance of Improvements and Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting installation of all improvements within Woodcliff Estates Sub- division, Unit No. 1, i.e., sewer, water and storm drain lines, for 10 maintenance and operation. The Vote: Unanimous Ayes /n 322 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-190 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Woodcliff Drive within Woodcliff Estates, Unit No. 1 and Pepper Tree Lane from Hilltop Drive to Woodcliff Drive. Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-190 is on file in the office of the City Clerk. ACCEPTANCE OF FINAL MAP - Ridgeview Subdivision, Unit No. 1 MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that the Final Map, Ridgeview Subdivision, Unit No. 1, be accepted subject to receipt of a new bond form, that the City Clerk be instructed to file x c the map with the Shasta County Recorder, and the Mayor be authorized to sign the Subdivision Agreement. The Vote: Unanimous Ayes ACCEPTANCE OF FINAL MAP - Lake Redding Estates Subdivision, Unit No. lA Public Works Director Arness reviewed his memo to Council dated October 13, 1978. Council was submitted a map showing the proposed Lake Redding Estates Subdivision, Unit No. 1A, located north of the Sacramento River and west of Benton Drive. He advised that the developer, Humboldt Financial Services Corporation, has submitted all required data, which has been checked and approved by the various City departments, has signed a Sub- division Agreement, and has submitted approved security in the amount of $2,600,000. The developer has also been informed that no occupancy permits will be granted for residences constructed on the lots until all subdivision aC� improvements, for that phase, have been completed and accepted or until the developer submits development schedule(s), to the satisfaction of the City Engineer showing that completed portions of the subdivision can be isolated from the construction of the remaining portions. Mr. Arness said it is his recommendation that by minute order Council approve the final map and Subdivision Agreement, subject to receiving approval from the Planning Commission for all street names, that completed portions of the subdivision can be isolated from the construction of the remaining portions, as hereinbefore recommended, that the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. Fred Hilger stated that the work has been laid out so that as each phase is completed, it will be isolated from future work, and that the problems posed by the City Engineer will be solved prior to the Planning Commission consideration of the street name changes. Councilman Fulton asked if the street through the park will be completed prior to the subdivision being constructed. Mr. Arness replied in the negative. Dr. Fulton said he is concerned with trucks going across the Diestelhorst Bridge or utilizing Benton Drive when the new street could be constructed to handle this extra traffic during development. Mr. Arness replied that a temporary road could be built and oiled to alleviate this concern, but he is not convinced that this is the proper way to proceed. Mr. Hilger said the contract has already been given for the construction of that road. He said they would like to proceed without delay. City Attorney Murphy asked Mr. Hilger what the completion date is for the road. 323 Mr. Hilger said it could possibly be complete within five weeks, weather permitting. He said it is a surfaced road with no excavation and amounts to base and paving only. He indicated that as soon as the design is com- pleted, the work will begin. Mr. Arness responded that up to this point, he has seen only a preliminary design for the road. Vi Klaseen, 595 Mary Street, questioned if a public hearing would be held prior to development of the road and she was answered in the negative. She was advised that the precise plan for the location of the road had been approved. Council Members showed concern over the archaeological sites and discussed what had been said at the public hearing on the subdivision re archaeological sites. It was suggested that letters be written to the Museum Board and Mr. Stan Clewett to determine if they had any new data pertaining to these sites. Councilwoman Gard expressed concern that the integrity of these sites be maintained. MOTION: Made by Councilman Fulton, seconded by Councilman Pugh that the Final Map for Lake Redding Estates Subdivision, Unit No. 1A, be approved subject to the following conditions: 1. Approval for all street names from the Planning Commission. 2. Submission of development schedules establishing that completed portions of the subdivision will be isolated from the construction of the remaining portions, subject to the satisfaction of the City Engineer. 3. Resolving the partial reconveyance and clarification of the bearing problem in the legal description in deeds, as recommended by the City Attorney, and that the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes NOTICE OF COMPLETION - Construction of Pepper Tree Lane from Hilltop Drive to Woodcliff Estates Subdivision MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick accepting the Construction of Pepper Tree Lane from Hilltop Drive to Woodcliff Estates p Subdivision, Bid Schedule No. 961, as being completed satisfactorily, and �d.p instructing the City Clerk to file a Notice of Completion. The Vote: Unanimous Ayes RESOLUTION - Rescinding Resolution No. 73-41 re Abatement at 413 No. Market MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-191 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 73-41, which declared intention to begin legal proceedings of abatement on property at 413 No. Market Street. (Casa Blanca - Sargent) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None 3 D '�— Absent: Council Members - None Resolution No. 78-191 is on file in the office of the City Clerk. 324 RESOLUTION - Rescinding Resolution No. 73-100 re Abatement at 1869 Eugenia Avenue MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-192 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 73-100, which declared intention to begin legal proceedings of abatement on property at 1869 Eugenia Avenue. (Owned by Crockett/Roberts/Dingman) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-192 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 74-1 re Abatement at 1419 Liberty Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-193 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 74-1, which declared intention to begin legal proceedings of abatement on property at 1419 Liberty Street. (Owned by the Estate of James A. Baugh) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-193 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 74-6 re Abatement on Sulphur Hill Road MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-194 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 74-6, which declared }� intention to begin legal proceedings of abatement on property on Sulphur Hill Road. (Owned by James L. McHale) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-194 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 74-70 re Abatement at 814 State Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-195 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 74-70, which declared 7 intention to begin legal proceedings of abatement on property at 814 State Street. (Owned by Froloff/Wilson) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-195 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 74-165 re Abatement at 1144 Center Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No 78-196 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 74-165, which declared intention to begin legal proceedings of abatement on property at 1144 Center Street. (Owned by Gail Bui) J Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-196 is on file in the office of the City Clerk. 1 1 1 325 RESOLUTION - Rescinding Resolution No. 75-26 re Abatement at 1448 Elmwood Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-197 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 75-26, which declared intention to begin legal proceedings of abatement on property at 1448 Elmwood Street. (Owned by Virginia Keller and North Pacific Union Conference Association of Seventh-Day Adventists) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-197 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 76-24 re Abatement at 2173 California Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-198 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 76-24, which declared intention to begin legal proceedings of abatement on property at 2173 California Street. (Owned by Carl R. Mauger and Ella I. Mauger) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-198 is on file in the office of the City Clerk. RESOLUTION - Rescinding Resolution No. 77-137 re Abatement at 2228 Court Street MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-199 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 77-137, which declared intention to begin legal proceedings of abatement on property at 2228 Court Street. (Owned by Northern Properties) Voting was as follows: Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-199 is on file in the office of the City Clerk. RESOLUTION - Declaring Intention to Vacate and Abandon Portion of Market Street/Downtown Mall MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Council makes the following findings regarding Community Development Project, by the City of Redding and Humboldt Financial Services, Inc., consisting of the extension of the enclosed Downtown Redding Mall, from the south end of the present Mall to 50 feet north of Placer Street, and the closure of Market Street north of Placer Street to the south end of the present Mall: 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. 3:�) �' 4. Project is compatible with the Code of the City of Redding, California, and, ratifies the Negative Declaration approved by the Board of Administrative Review on June 27, 1978. The Vote: Unanimous Ayes 326 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-200 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon 150 feet of the west half of Market Street north 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. 78-200 is on file in the office of the City Clerk. AMENDMENT TO EXCHANGE AGREEMENT - Oak Ridge Associates Councilman Pugh abstained from discussion and voting on this item. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the amendment to the exchange agreement between the City of Redding and Oak Ridge Associates, and authorizing the Mayor to execute same. The Vote: Unanimous Ayes with Councilman Pugh abstaining RESOLUTION - Cost Services Contract Agreement with State Personnel Board MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 78-201 be adopted, a resolution of the City Council of the City of Redding approving cost service contract agreement with the State Personnel Board and authorizing the Mayor to execute same. ] 4 Voting was as follows: J Ayes: Council Members - Fulton, Gard, Kirkpatrick, Pugh, and Demsher Noes: Council Members - None Absent: Council Members - None Resolution No. 78-201 is on file in the office of the City Clerk. FRONTIER AIRLINES, INC. APPLICATION BEFORE THE CIVIL AERONAUTICS BOARD City Attorney Murphy submitted, to Council Members, a copy of Frontier \� Airlines, Inc. application before the Civil Aeronautics Board requesting inclusion of Redding in its Sacramento -Denver daily round trip service. He indicated it is likely this application will be approved. COUNCILMAN PUGH - Permission to Leave the United States MOTION: Made by Councilman Kirkpatrick, seconded by Councilwoman Gard granting Councilman Pugh permission to leave the United States to attend the American Public Power Association Legal Seminar on Anti -Trust Cases as they affect public utilities, to be held in the Virgin Islands, from November 5, 1978, through November 9, 1978. The Vote: Unanimous Ayes with Councilman Pugh abstaining BUSINESS FROM THE FLOOR Redding Safe and Alarm Systems - Request for Alarm Bid Procedures Roy Copeland, Redding Safe and Alarm Systems and Answering Services, 2736 Bechelli Lane, appeared before Council and asked for clarification of bid procedures used by the City for its alarm systems. He said he has not had an opportunity to bid on any of the various City alarm systems and desires to do so. Mayor Demsher said it would be appropriate for Mr. Copeland to submit a letter to the City Manager containing his concerns, and asked staff for a review of its bid procedures for alarm systems. Franklin S. Cibula - Representing Hermann Hokema re Building Permit In a communication to Council dated October 13, 1978, Franklin S. Cibula, Attorney, representing Hermann Hokema, requests Council consideration for failure to apply for a building permit in June of 1978. Said letter is on file in the office of the City Clerk. Mr. Cibula appeared before Council and stated that Mr. Hokema obtained a use permit on June 19, 1 � J 1 1 327 1978, effective June 10, 1978, (UP -124-78) for renovation of an existing building at 2739 Bechelli Lane. He signed an agreement with his architect for this renovation on June 7, 1978, and believed that all steps had been taken to begin this project. Mr. Cibula stated that because Mr. Hokema is a native of Germany and the importance of law changes are not as readily perceived by him as by others, this step in the entire process was inad- vertently left undone. Mr. Cibula requests Council consideration for relief from this oversight by approving issuance of a building permit imposing prevailing fees effective the date of the use permit, June 10, 1978. Mr. Cibula maintained that Council would not be dealing with a precedent -setting matter because of the language barrier of Mr. Hokema, and because everything was done orderly except for inadvertently failing to apply for the building permit. Councilman Kirkpatrick asked the City Attorney if there were any legal problems in considering this request. City Attorney Murphy replied that there is no mechanism in the City construction tax ordinance for such forgiveness. This is one request in at least 50, or more, that has indicated to the City that if they had known the new ordinances increasing construction fees were being adopted, they would have obtained a building permit prior to July 1. Mr. Murphy said the City will not charge a penalty, but if the July 1 deadline was inadvertently missed, the applicants will have to pay the fees that came into effect that date. Mr. Murphy noted that if the City makes an exception for these folks, it will have possibly many similar requests because of a record number of use permits issued in June. Mayor Demsher said that Council needs the facts in this case, a report on the precedent -setting nature of this request, and the potential for others seeking similar relief. Planning and Community Development Director Harris agreed to research the issue and report back to Council at its next meeting. Mr. Cibula advised Council that the applicant will pay the fees, under protest, so that the project can go forward, and if Council approves the request, the applicant will be grateful for the relief. EXECUTIVE SESSION - Re Pending Litigation, a Condemnation Action, and Acquisition of the Enterprise PG&E Facilities At the hour of 9:05 P.M., the Mayor declared an Executive Session to discuss pending 14CPA litigation, a Condemnation Action re Buenaventura, and acquisition of the Enterprise PG&E Facilities. At the hour of 9:45 P.M., the meeting was reconvened. PENDING NCPA LITIGATION City Attorney Murphy requested authorization to pay the City of Redding's share (24.30) for services of Special Counsel Rubin Goldberg in the amount of $1,767.66 for litigation costs in the 4,6 Santa Clara vs. Andrus case. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the request of the City Attorney as stated hereinbefore. The Vote: Unanimous Ayes CONDEMNATION ACTION RE BUENAVENTURA City Attorney Murphy requested authorization to settle condemnation action in the City of Redding vs. Reiser (Baugh) Case #57300, in the amount of $12,500. ,? U ,4 328 MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick approving the request of the City Attorney as stated hereinbefore. The Vote: Unanimous Ayes ACQUISITION OF PG&E ELECTRIC FACILITIES Councilman Pugh requested that the City Attorney be authorized to contact special counsel to review the PG&E sale price offer for purchase of the Enterprise PG&E facilities including facilities in all subsequent annexations in that area to date. MOTION: Made by Councilman Kirkpatrick seconded by Councilwoman Gard approving the aforestated request. The Vote: Unanimous Ayes ROUTINE COMMUNICATIONS Notice of Golden Eagle Airlines' Regulations and Fares Applications for Alcoholic Beverage Licenses The Meat Mine, 2680 Bechelli Lane Ranch Market, 983 Lake Boulevard T ll 7(lT T DTT MT; Tl P There being no further business, at the hour of 9:47 P.M., Mayor Demsher declared the meeting adjourned. APPROVED: ATTEST: ayor Mildred L. Brayton, City S erk By Ethel A. Richter Deputy City Clerk 11