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HomeMy WebLinkAboutMinutes - City Council - 1972-08-21 i I � 116 City Council, Regular Meeting Police Department & Council Chambers Bldg. Redding, California A.ugust 21, 1972 7:00 P. M. The meeting was called to order at 7:00 P. M. by Mayor Moty with the following Councilmen present: A.nderson, Chatfield, Denny, Fulton, and Moty. I A.lso present were City Manager Brickwood, City Attorney Murphy, Finance Director and Personnel Director Courtney, Public Works Director A.rness , Planning Director Harris , Police Chief Whitmer, A.ssistant Planner Owen, and City Clerk Brayton. A.PPROVA.L OF MINiJTES MOTION: Made by Councilman Chatfield, seconded by Councilman A.nderson approving the minutes of the regular meeting of August 7, 1972 and of the adjou�rned regular meeting of August 11 , 1972 , as mailed to each Couneilman. The Vote: Unanimous Ayes C OMMUNICA.TIONS Nor-Cal Shrine Club Communications were received from the Sheriffs .Posse of Shasta County and the Nor-Cal Shrine Club requestii�g the use of the Posse Grounds by the Nor-Cal Shrine Club for a performance of the Pollack Brothers Shrine Circus on 5eptemb.er 9, 1972, and requesting the waiver of all fees for this event. �/�0 MOTION: Made by Councilman Denny, seconded by Councilman Fulton approving the r.equest re use of the Posse Grounds on September 9, 1972 for a performance of the Pollack Brothers Shrine Circus , sponsored by the Nor-Cal Shrine Club, and waiving all fees for this event. The Vote: Unanimous A.yes Mrs. Florie Oliver A. communication from Mrs. Florie Oliver , Co-ordinator of Redding Zero Population Growth, was submitted to Council for their informa.tion. I Reddin� Muriicipal Airport A. petition was received concerning the inadequacy of the ventilation, iheating, and cooling in the rest rooms at Redding %/�j' Municipal Airport. City Manager Brickwood reported that this matter has been taken care of for less than $200.00 by the installation of vents and e�aust fans . T. L. Whaley - re UP-57-72 The T. L. Whaley communication regarding a use permit for gas pumps at 960 Lake Blvd. came before Council again, having been tabled at the meeting of August 11 . i Planning Dir�ector Harris reviewed his memo to Council, dated A.ugust 18, which gave the background re Mr. Whaley's use permit. Mr . Harris stated that at the public hearing held by the Planning Commission to consider Mr. Whaley's appeal of the decision of the Board of A.dministrative Review as to the ��� conditions ixnposed upon the grant of the use permit issued to the applicant', the Commission amended a condition regarding construction of a fence in order to give the applicant a choice of materials in completing such fence to a six-foot height. Mr. Harris reponted that, since the hearing, Mr. Whaley has nearly completed the fence and appeaxsto be in the course of complying with all of thi conditions of the use permit. I � 117 Mr. Whaley appeared before Council and asked if it were true that the decision of the Planning Corrunission is final in a matter of this type. City A.ttorney Murphy advised Council and Mr. Whaley that, under the City Code, the applicant has exhausted all adminis- trative levels of appeal and the only remaining remedy he has is to go to court. He did state that as a citizen Mr . Whaley has the right to appear before Council and state whatever he wishes regarding this matter . Mayor Moty said that although Council has no power to change the decision of the Planning Commission, if the applicant feels that he was treated unfairly or that the Commission acted arbitrarily, Council would wish to know about it. Mr. Whaley asked if the Board of Administrative Review has the power or authority to impose punishment on a citizen if the citizen fails to comply with a decision of said Board. Mr. Murphy said that if the Board imposes a condition upon 'an applicant and the applicant ignores the condition and pro- ceeds with the use activity, the Board has the right and power to file a criminal complaint with the court, and only the court can impose punishment. Mr. Whaley then told Council that when he applied for a use permit at the time he opened the dairy bar at this location, one of the conditions was that a certain area be landscaped. He pointed out the area on the Vu Graph and said that he had not complied entirely with this condition because it would have restricted access to the building. Mr. Whaley said that he was punished for this in the imposition of the conditions imposed upon him to the grant of this use permit. He further stated ���� that, from his observations , no other business in the City has been required to build a fence of the magnitude imposed on him. Mr. Whaley said he felt the procedure of the Board of A.dminis- trative Review was discourteous and uncooperative in that they did not introduce themselves to applicants . He noted that, after the Planning Commission public hearing, he asked the Commission if it would allow him to open his station the next day if he posted a cashier's check or bond to assure that he would comply with all of the conditions of the use permit. One member of the Commission moved that this be done but the motion died for lack of a second, even though the City A.ttorney ruled such lawful. Bri�.ce Paris., who said he had no financial or other interest in this rnatter but was speaking as an interested citizen, said he felt it was ridiculous to require Mr. Whaley to construct a � six-foot fence around the property. He pointed out that the station is in a comrriercial zone and that the fence was required to protect a non-comforming residential use on one side and that the other side protects a City fire station site. Mayor Moty thanked Mr. Whaley for his comxnents and, although he expressed no criticism of the conditions imposed on the use permit by the Planning Commis sion, he indicated concern over the allegations regarding discourtesy and the refusal of the Commis sion to allow Mr. Whaley to open his station immediately if a cashier's check or bond were posted, and said he hoped that the members of the Board and Commission were made aware of this. Other members of Council concurred with the Mayor. 118 PETITION - Proposed Hilltop A.nnex No. 4' MOTION: Made by C;ouncilman Chatfield, seconded by Councilman A.nderson approving t;he informal petition of Mr. John Szewcyzyk for annexation of property located on the east side of Hilltop Drive, �/�- 300 feet north of Hilltop Drive A.nnex No. 2 , and authorizing staff to prepare the formal application to the Local Agency Formation Commis sion, with the recommendation that the applicant attempt to get the property owner to the south to join in the annexation. The Vote: Unanimous Ayes PUBLIC HEARING - Rezoning A.pplications RZ-3-72 and RZ-5-72 The hour of 7:30 P. M. having arrived, Mayor Moty opened tlie Public Hearing on Rezoning Applications RZ-3-72 and RZ-5-72. The following documents are on file in the office of the City Clerk: � ` A.ffidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Conzmis sion Recommendation dated 8/18/?2 The City Clerk advised Council that a communication has been received from A.ldo Pesetti, objecting to the proposed rezoning of his property on Eureka Way. The Mayor ascer- � ��L�� tained that there were no objections from the floor. Planning Director Harris reviewed the recommendation of the Planning Commission re Rezoning A.pplications RZ-3-72, initiated by Edna J. Bracken, and RZ-5-72 , initiated by the Planning Commission, as contained in a memo to Council dated A.ugust 18, 1972, which memo is made a part of these minutes by reference. It is the recommendation of the Planning Commission that subject property, which is located on the northjside of Eureka Way, west of Sunset Terrace Subdivision,�be zoned "R-1 . " Mr. Harris 'reported that Mr . Pesetti objects to R-3 Multiple Family Residential zoning of his property, which lies on the south side of Eureka Way. It is believed that Mr . Pesetti is unaware that his property is currently zoned R-3, and that such property is not included in the rezoning under considera- tion. I MOTION: Made by Councilman Chatfield, seconded by Councilman Anderson that the public hearing be closed. The Vote: U,nanimous Ayes i MOTION: Made by Councilman Denny, seconded by Council- man Fulton overrul'ing�all protests . The�Vote: Unanimous Ayes � i MOTION: Made by Councilman Denny, seconded by Council- man Anderson approving the recommendation of the Planning Commission re RZ-3-72 and RZ-5-72 and instructing the City Attorney to prepare the necessary ordinance to provide rezoning of subject property. The V.ote: Unanimous A.yes � A.PPROVAL OF ACCOUNTS PAYABLE A.ND PAYROLL MOTION: Made by Councilman Anderson, seconded by Councilman Chatfield that Accounts Payable Register No. 4, check nos. 21533 to 21776, inclusive, in the amount of $308, 106 .43 be approved and paid, /�� and that Payroll Register No. 4, check nos . 46529 to 46849, inclusive , salaries in the amount of $114, 048.41 for the period July 30, 1972 through A.ugust 12, 1972 be approved. Total $422 , 154. 84. I 119 Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None CLA.IMS FOR DA.MAGE AND PERSONA.L INJURY - lst hearing William Lanning Rogers - Claim filed 8/14/72 MOTION: Made by Councilman Denny, seconded by Councilman Anderson that the Claim for Personal Injury filed by William Lanning Rogers on August 14, 1972 be ��� referred to the City Attorney and the City Insurance Carrier , and the City Clerk be instructed to reset the Claim on the agenda for the meeting of September 18, 1972. 'Ihe Vote: Unanimous Ayes Tish Tarleton - Claim filed 8/11/72 MOTION: Made by Councilman Denny, seconded by Councilman Fulton that,,the- Claim for Damages filed by Tish Tarleton on August 11 , 1972 be referred to the City j��� A.ttorney and the City Insurance Carrier , and the City Clerk be instructed to reset the Claim on the agenda for the meeting of September 18, 1972 . The Vote: Unanimous A.yes Norreen K. Ross - Claim filed 8/16/72 MOTION: Made by Councilman Fulton, sec:onded by Councilman Denny that the Claim for Damages filed by Norreen K. Ross on August 16, 1972 be referred to the j� � City Insurance Committee, and the City Clerk be instructed to reset the Claim on the agenda for the meeting of September 18 , 1972 for final action, The Vote: Unanimous A.yes ORDINA.NCE - regulation of bicycle use MOTION: Made by Councilman Fulton, seconded by Councilman Denny that full reading of Ordinance No. 1094 be waived, and the City A.ttorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Chatfield, seconded by Councilman ,� � � Fulton that Ordinance No. 1094 be adopted, an ordinance of the City Council of the City of Redding amending the Redding City Code, 1959, as amended, by repealing Section 8-9 and substituting therefor a new Se.ction 8-9, pertaining to regulation of bicycle use. Voting was as follows: A.yes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None A.bs���»t: Councilmen - None Ordinance No. 1094 on file in the office of the City Clerk. ORDINANCE - re RZ-7-72 Councilman A.nderson abstained from discussion and voting on this item. MOTION: Made by Councilman Fulton, seconded by Councilman Denny that full reading of Ordinance No. 1095 be waived, arid the City Attorney be instructed to scan same. The Vote: Unanimous Ayes with Counciiman A.nderson abstaining. / ��� MOTION: Made by Councilman Denny, s econded by Councilman Fulton that Ordinance No. 1095 be adopted, an ordinance of the City Council of the City of Redding amending Section 30-3 of the Redding City Code, 1959, as amended, relating to the prezoning of certain 1 120 real property cominglinto the City of Redding. (RZ-7-72) Voting was as follows: Ayes: Councilmen � Chatfield, Denny, Fulton, and Moty Noes: Councilmen !- None Absent: Councilmen ' None Abstained: Councilmen - A.nderson I Ordinance No. 1095 on file in the office of the City Clerk A.WA.RD OF BID - Alerting and Monitor Receivers MOTION: Made by Councilman Chatfield, seconded by Councilman Anderson approving the recommendation of the City Manager that Bid Schedule No. 645Ifor Alerting and Monitor Receivers be awarded j j` i to the sole bidder, L; N. Curtis Company, in the amount of $4, 125 . 90, 7 sales tax and trade-ins included. Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None �• AWARD OF BID - Electric Meters MOTION: Made by Councilman Anderson, seconded by Councilman Chatfield that Bid Scliedule No. 646 for electric meters be awarded to the sole bidder, Sangamo Electric, in the amount of $4, 191 .64, �c�� sales tax included. - Voting was as follows: Ayes: Councilmen = Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None AWA.RD OF BID - Pael Type Distribution Transformers MOTION: Made by Councilman A.nderson, seconded by Councilman Fulton that Bid Schedule No. 647 for Pad Type Distribution Trans- formers be awarded to the low bidder , RTE Corporation, in the a �f� amount of $10,783. 50, sales tax included. Voting was as follows: A.yes: Councilmen � Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen � None A.bsent: Councilmen � None GENERA.L PLAN A.MENDMENT - GPA.-.1-72 MOTION: Made by Councilman Denny, seconded by Councilman A.nderson that a public hearing be set for 7:30 P, M. , September 5, /�� 1972 to consider an amendment to the Redding General Plan. The V ote: Unanimous A.ye s i REZONING APPLICAjTION - RZ-6-72 MOTION: Made by Councilman De.nny,. seconded.by Councilman. . Anderson that a public hearing b�e set for 7:30 P. M. , September 5, %�� 1972 pertaining to Rezoning A.pplication RZ-6-72. The Vote: Unanimous A.yes REZONING A.PPLICA.�TION - RZ-8-72 MOTION: Made by Councilman Denny, seconded by Councilman / �� A.nderson that a public hearing be set for 7:30 P. M. , October 2, 1972 pertaining to Rezoning Application RZ-8-72. The Vote: Unanimous Ayes � � RESOLUTION - re Regional Narcotics Team MOTION: Made by Councilman A.nderson, seconded by Councilman Chatfield that Resolution No. 72-70 be adopted, a resolution of the City Council of the City of Redding authorizing the submis sion of an application to the California Council on Criminal Justice for a Grant ;� �� for law enforcement purposes , to wit, a Regional Narcotics Team. Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen � None Absent: Councilmen - None Resolution No. 72-70 .on file in the office of the City Clerk. 121 NOTICE OF COMPLETION - Redding Municipal Airport MOTION: Made by Councilman Denny, seconded by Councilman Fulton accepting the project re applying Asphalt Rejuvenating A.gent to Muni- ��,� cipal A.irport runways, taxiways, and terminal area, Bid Schedule No. 639, as being completed satisfactorily; and authorizing the City Clerk to file the Notice of Completion. The Vote: Unanimous A.yes CLEAR CREEK A.ND TWIN VIEW SEWA.GE TREA.TMEN'I�'A.CILITY REPORT Public Works Director Arness submitted the Clear Creek and Twin View ��� Sewage Treatment Facilities Report for the month of July, 1972 . ORDINANCE - pertaining to Emergency Leave Councilman Anderson offered Ordinance No. 1096 for first reading, ���� an ordinance of the City Council of the City of Redding amending Chapter 2 of the Redding City Code, 1959, as amended, by repealing Section 2-32 � %(o and substituting therefor a new Section 2-32, pertaining to Emergency Leave. ORDINANCE - pertaining to Military Leaves of Absence Councilman Anderson offered Ordinance No. 1097 for first reading, ,��;.Z an ordinance of the City Council of the City of Redding amending Chapter .� �� 2 of the Redding City Code, 1959, as amended, by repealing Sections 2-39 and 2-40 and substituting therefor a new Section 2-39 , pertaining to Military Leaves of A.bsence. RESOLUTION - Redding Municipal Airport MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 72-71 be adopted, a resolution of the City Council ��� of the City of Redding approving grant of easement to Pacific Gas and Electric Company for underground electric utilities at Redding Muni- cipal Airport. Voting was as follows: Ayes: Councilmen - A.nderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None , Resolution No. 72-7.'1: on file in the office of the City Clerk. ORDINANCE - approving Annexation of Hilltop Drive A.nnex No. 2 Councilman A.nderson abstained from discussion on this item. Councilman Chatfield offered Ordinance No. 1098 for first reading, an ��� ordinance of the City Council of the City of Redding approving the annexa- tion of certain uninhabited territory clesignated "Hilltop Drive Annex No. 2" to the City of Redding. TWIN VIEW ANNEX NO. 3 - PUC Decision re electric distribution facilities City Attorney Murphy reported that the Public Utilities ComxYiis sion has issued a Decision authorizing the Pacific Gas and Electric Company to -��� sell electric distribution facilities in Twin View A.nnex No. 3 to the City of Redding. RESOLUTION - re Payment by RRA of cost of Underground Parking Facility MOTION: Made by Councilman Denny, seconded by Councilman Fulton that Resolution No. 72-72 be adopted, a resolution of the City Council of the City of Redding determining that an underground public parking facility is of benefit to the area of Midtown Project No. 1 , and consenting to the payment by the Redding Redevelopment A.gency of the cost of the installa- tion, construction and acquisition of a publicly owned underground public ��� parking facility located within Midtown Project No. 1. Voting was as follows: Ayes: Councilmen - Anderson, Chatfield, Denny, Fulton, and Moty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 72-72 on file in the office of the City Clerk. 122 I CONTRACT - re Underground Parking Structure - Midtown Project No. 1 ���� This item will be considered at the adjourned Council meeting to be held on Friday, Septembir 25 , 1972 . RESOLUTION - re Senior Citizens Clubhouse i�� f' This item will be considered at the adjourned Council meeting to be held on Friday, September, 1972 . ROUTINE COMMUNICATIONS , A.pplication for Alcoholic Beverage License � 7� E. L. and,P.A. Klump, Le Chamois /� / Shasta-Cascade Wonderland Association publicity ICCCNC minutes of regular meeting - August, 1972 AD JOUR NMENT There being no further business , at the hour of 8:50 P. M. , on the motion of Councilman Fulton, seconded by Councilman Denny, the meeting was adjourned to 12:15 P.M. , Friday, August 25, 1972. APPROVED: Ma o ATTEST: � � �r /�������:,<<J;� ��� � ,��, Z�-��, ''�City Clerk ' ,, � �