Loading...
HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-03-04 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California March 4, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by Public Works Director Arness. The invocation was offered by Pastor Monroe Broadway of the First Southern Baptist Church. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Demsher, Fulton, Gard, Kirkpatrick, and Pugh Also present were City Manager Courtney, City Attorney Hays, Director of Public Works Arness, Planning and Community Development Director Perry, Electric Utility Operations Manager Ryan, Director of General Services Masingale, Senior Planner Keaney, Director of Finance Downing, Traffic Engineer/Planner Will, Transportation Coordinator Duryee, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of February l9, l985 Approval of Payroll and Accounts Payable Registers (B-l30-ll0) Recommend that Accounts Payable Register No. l6, check nos. l03697 through l04008 inclusive, in the amount of $1,109,870.44, be approved and paid, and Payroll Register No. l7, check nos. 203962 through 204558 inclusive, in the amount of $494,545.98, for the period February l0, l985, through February 23, l985, be approved. TOTAL: $1,604,416.42 Claims for Damage and Personal Injury - lst Hearing Peter P. Bollinger Investment Co. - Claim for Damages filed 2/l5/85 Recommend denial and refer to Insurance Carrier (C-090-020) Donna Jean Araiza and Daniel Bennett Araiza - Claim for Damages filed 2/l5/85 Recommend denial and refer to Insurance Carrier (C-090-020) Julie Mathews and Dennis Matthews - Claim for Damages filed 2/l5/85 Recommend denial and refer to Insurance Carrier (C-090-020) Cindy Havsgaard by Attorney Bradley Boeckman - Claim for Personal Injury filed 2/20/85 Recommend denial and refer to Insurance Carrier (C-090-050) Award of Bid - Overhead, Bare Stranded Aluminum Conductor (B-050-l00) City Manager recommends that Bid Schedule No. l609, overhead, bare stranded aluminum conductor, be awarded to Reynolds Aluminum on its low bid in the amount of $27,769.03, sales tax included. Award of Bid - Aluminum Light Standards (B-050-l00) City Manager recommends that Bid Schedule No. l6ll, aluminum light standards, be awarded to Norcal Electric Supply on its low bid in the amount of $l9,448.35, sales tax included. Award of Bid - Single Phase Pole Type Distribution Transformers (B-050-l00) City Manager recommends that Bid Schedule No. l6l4, single phase pole type distribution transformers, be awarded to General Electric Supply Company, the second evaluated low bidder, in the amount of $28,220.50, sales tax included. Authorization for Expenditure of Funds to Pacific Bell - Joint Pole Construction Along the Canby/Airport Portion of the East Loop ll5 KV Transmission Line (E-090-l60-200) Electric Director recommends that Council approve an expenditure of $ll,825 to Pacific Bell for joint pole construction along the Canby/-Airport portion of the East Loop ll5 KV Transmission Line, per an existing agreement between the City and Pacific Bell (Contract No. 224). Set Public Hearing - General Plan Amendment Application GPA-l-85, by Mt. Lassen Machinery (G-030-0l0) Planning Director recommends that a public hearing be set for General Plan Amendment Application GPA-l-85, by Mt. Lassen Machinery, for 7:30 P.M., March l8, l985. Resolution - Lot Line Adjustment LS-8-85, by Dalbert Hughes and Elizabeth B. McCormack (L-0l0-l50) Planning Director recommends that Resolution No. 85-43 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-8-85, by Dalbert Hughes and Elizabeth B. McCormack. Notice of Completion - Redding Tourist/Convention Bureau (B-050-020 and C-050-775) Public Works and Planning Directors recommend that Bid Schedule No. l54l (Job No. 93l8), construction of the Redding Tourist and Conven-tion Bureau, as being satisfactorily completed by Gifford Construc-tion, for a final contract price of $288,784.63, and that the City Clerk be instructed to file a Notice of Completion. Notice of Completion - Municipal Pool Chlorine Building (B-050-020 and P-050-700-600) Public Works Director recommends that Bid Schedule No. l57l (Job No. 9434), Municipal Pool Chlorine Building, be accepted as satisfactorily completed for a final contract price of $l6,l65, and that the City Clerk be instructed to file a Notice of Completion. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution Number 85-43 is on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Communication from Redding Realty - re Time of Collection of In-Lieu Park Fees on Land Zoned Multi-Family (L-0l0-l00) Council Member Pugh abstained from voting on this matter. A letter was received from Richard Downs of Redding Realty asking for reconsideration of Robert and Richard Gore's request regarding the time of collection of in-lieu park fees on land zoned multi-family. Planning and Community Development Director Perry suggested that it would be appropriate to refer this to the Recreation and Parks Commission and the Planning Commission for report and recommendation. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that this matter be referred to the Recreation and Parks Commis-sion and the Planning Commission for report and recommendation. The Vote: Unanimous Ayes with Council Member Pugh abstaining Downtown Mall Association - Annual Budget for l985 (M-0l0-200-050) The Downtown Mall Association budget for l985 was submitted to Council for information, showing total expenses of $72,720. Communication from Attorney Jack Kenealy - re Redding Redevelopment Agency, Churn Creek Road/Highway 44 Overpass (A-l70-020-l00 and B-050-020) A letter was received from Attorney Jack Kenealy concerning contract claim, J. F. Shea/Hardrock Construction, pertaining to the Redding Highway 44 overpass project. City Attorney Hays suggested that this matter be referred to the City Attorney due to the possibility of litigation. LAKE KESWICK SEWER ASSESSMENT DISTRICT NO. l982-6 (A-l70-l00-330) The following document was submitted for adoption by the City Attorney: Resolution - Authorizing Issuance of Bonds MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Resolution No. 85-44 be adopted, a resolution of the City Council of the City of Redding further amending the resolution authorizing issuance of bonds for Lake Keswick Sewer Assessment District No. l982-6. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-44 is on file in the office of the City Clerk. APPOINTMENT TO THE AIRPORTS COMMISSION (B-080-0l0) The appointment of a new Airports Commissioner was held over to the next Council meeting. APPOINTMENT TO NATIONAL LEAGUE OF CITIES - Community and Economic Develop-ment Steering Committee (L-040-l50-400) Vice Mayor Gard advised that the League of California Cities Board of Directors has made a real commitment to influence the National League's attitude. She indicated that they have hired a full time representative in Washington, D.C., and are urging all California cities to become "direct member cities." She stated that the N.L.C. has selected her to serve on the Community and Economic Development Steering Committee which will focus on budget proposals and N.L.C. priorities for l985. This term will expire at the conclusion of the Annual Congress of Cities, December l985. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher approving the appointment of Vice Mayor Gard to serve on the N.L.C. Com-munity and Economic Development Steering Committee. The Vote: Unanimous Ayes ORDINANCE - Cable T.V. (T-040-050) MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that full reading of Ordinance No. l7l7 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes Council Member Fulton asked if the recent court ruling which found that cable franchises are unconstitutional, will have any direct or indirect effect on this ordinance. Mr. Hays advised that it will not. He added that this city and most other cities do not have exclusive franchises. He said Redding's is a non--exclusive franchise and other qualified cable companies could also be granted a franchise. In response to an inquiry from Council Member Demsher, the City Attorney advised that not all the concerns of the current cable company have been satisfied in the proposed ordinance. He said that would necessitate an ordinance which would not address the issues that the Cable T.V. Committee and the City Council have determined to address. Mr. Hays it is an ordi-nance which is designed to address the overall question of franchises for cable communications systems. Planning and Community Development Director Perry said he and the City Attorney have met with the representatives of Viacom and discussed the ordinance point by point. He said there were some points they agreed upon and some they did not. Council Member Pugh asked if the City Attorney felt that the proposed ordinance complies with and meets all State and Federal laws pertaining to this type of franchise. Mr. Hays stated that the City's consultant has reviewed the language as well as an attorney in Sacramento and they are confident that it is correct even though it is still subject to interpretation and interpretations are not consistent in this area. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Ordinance No. l7l7 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 6.40 of the Redding Municipal Code, pertaining to the granting of franchises for cable communications systems. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. l7l7 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-26-84, by City of Redding (L-0l0-230) MOTION: Made by Council Member Demsher, seconded by Council Member Gard that full reading of Ordinance No. l7l8 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Ordinance No. l7l8 be adopted, an ordinance of the City Council of the City of Redding amending Section l8.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-26-84). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Ordinance No. l7l8 is on file in the office of the City Clerk. ORDINANCE - re "C-6" District Zoning Designation (L-0l0-500-050) Council Member Pugh abstained from voting and discussion on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated February 26, l985. He stated that the Planning Commission has reviewed the recommendations made by Council for the proposed "C-6" Limited Service Commercial District. Mr. Perry said the intent of the requested changes is to provide more flexibility for the commercial land owner and to reduce the buffering standards intended to protect adjoining residential property. Mr. Perry advised that the Planning Commission recommended that only Section l8.27.060 D (C) (d) be changed to add the requirement of a seven foot high, block post and wood board fence with a l5 foot wide planter consisting of hedge type plants and evergreen trees. In addition, he said, several other changes were made to eliminate some redundancy or to clarify intent. It is the recommendation of staff and the Planning Commission that the ordinance be offered for first reading and the negative declaration be ratified. Council Member Fulton asked if Mr. Osborne and Mr. Cook are in agreement with the Planning Commission recommendation. City Attorney Hays advised that the City Clerk has indicated that Mr. Osborne would like to speak to Council. George Osborne stated that he owns property that will apparently be zoned "C-6" if this ordinance is adopted. He said he concurs with most of the ordinance but feels it is still very restrictive. He felt the 25 foot landscape screen between the residential property is still too restrictive. Mr. Osborne asked that it be reduced to l5 feet and that it be counted as part of the overall landscaping requirements. Mr. Perry advised that Mr. Osborne's property must have a General Plan Amendment before it can be rezoned to "C-6." In reference to the 25 foot landscape screen, Mr. Perry stated that is one of several options built into the ordinance. He said it was felt that the added width was necessary because of the lack of barriers. Council Member Gard pointed out that the screening requirements are to avoid the type of problems that happened at Cal Tank. She felt it would have taken the whole 25 feet with heavy landscaping to mitigate this type of problem. In response to an inquiry about waiving the overall landscaping require-ments, Mr. Perry advised that generally that may be possible; however, the City would want to keep the landscaping on the street. He added that it also depends on the size of the parcel. Council Member Demsher felt that the landscaping requirement is not exces-sive for projects of this size and may not take care of all situations. He noted that if the City had required the right type of mitigation, the problems would not have occurred. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the following findings be made relative to Chapter l8.27 of the Redding Municipal Code pertaining to a new "C-6" Limited Service Commercial District: l. 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 Planning Commission on September 25, l984. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Gard offered Ordinance No. l7l9 for first reading, an ordinance of the City Council of the City of Redding an ordinance of the City Council of the City of Redding adding Chapter l8.27. to the Redding Municipal Code, pertaining to "C-6" Limited Service Commercial District. RESOLUTION - Setting Public Hearing re Abandonment Application A-l-85, by Richard Gore (A-0l0-l00) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Resolution No. 85-45 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon a portion of Westside Road north of Westwood Avenue (A-l-85), and setting a public hearing for 7:30 P.M., April l, l985. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 85-45 is on file in the office of the City Clerk. CONTRACT AMENDMENT - Site Evaluation Report and Draft EIR for Stillwater Regional Wastewater Treatment Plant (W-0l0-560) Council Member Pugh abstained from voting on this matter. Planning and Community Development Director Perry recommended approval of a letter of agreement which amends the contract the City entered into with Sharrah-Nolte and Associates for preparation of a Site Evaluation Report and Draft EIR for Stillwater Regional Wastewater Treatment Plant. He indicated that the amendment provides for services to evaluate four addi-tional sites and provide the necessary financial and environmental informa-tion to compare those four sites with the sites already reviewed in the Site Evaluation Report. The proposed agreement would increase the existing contract for consulting services by $6,900. MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving a letter agreement with Eihnard Diaz of Sharrah Dunlap and Associates as recommended above, in the amount of $6,900. The Vote: Unanimous Ayes with Council Member Pugh abstaining TRANSPORTATION VAN - Transfer of Use (G-l00-l70) Planning and Community Development Director Perry reviewed his memorandum to Council dated February 28, l985. He stated that in l98l a State Depart-ment of Transportation grant was awarded to the City of Redding to purchase a handicapped-accessible van to be used by Mercy Hospital to transport patients to the Hospital. Mercy Hospital withdrew from this agreement because it was determined that the number of eligible participants did not make it economically feasible to provide the licensed driver and provide insurance for the van. Mr. Perry explained that the State has approved that the use be changed to provide handicapped-accessible transportation available on a pre-scheduled basis, for frail-elderly and handicapped persons in and around Shasta County. He said the Golden Umbrella is submitting an application to the California Department of Aging for an Adult Day Care Health Center and if this application is approved, they are requesting that they be allowed to use the van for the center. It is the recommendation of staff that Council allow the Golden Umbrella the use of the van on the condition that their State grant is approved and they meet all necessary requirements of operating the vehicle. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh approving the recommendation of staff as stated above. The Vote: Unani-mous Ayes PUBLIC HEARING - re General Plan Amendment Application GPA-l6-84 and Rezoning Application RZ-27-84, by CVR Trust *(G-030-0l0 and L-0l0-230) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-l6-84 and Rezoning Application RZ-27-84, by CVR Trust. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated February 28, l985 The City Clerk advised that several letters of protest have been received and some letters of support. Planning and Community Development Director Perry reviewed his memo-randum to Council dated February 28, l985. He stated that the Plan-ning Commission unanimously recommended denial of the request to amend the Redding General Plan and rezone property located at the northwest corner of Placer Street and Buenaventura Boulevard. A map of the area was shown on the Vu Graph. It is the recommendation of the Planning Commission and staff that the requested "Retail" and "C-l" zonings are inappropriate for the site for reasons listed in the staff reports, and that the application be denied. Bill Woodward, architect for the proposed project presented some drawings to Council. He noted that the property is located in a high traffic area on the corner of two major arteries and they felt this was the highest and best use of the property. Mr. Woodward explained that because of the topography, part of the project will relate to Buenaventura and part will relate to Placer Street. He said the proposed architectural style is pleasant and compatible with the existing residential areas. Mr. Woodward pointed out that the Plan-ning Commission has raised no significant environmental concerns and they would be willing to comply with and mitigate any concerns in-volved with the project. He asked that a negative declaration be prepared and continuance of the project for "Retail" and "C-l" zoning. Richard Gray, l7l6 Regent, emphasized that the entire surrounding area is developed with single family homes. He felt there is no comparison to this proposal and the City's proposal east of the Fire station on Riverland, since the City land does not meet or abut any residential property. Mr. Gray also opposed the increased traffic that would result if this project were approved and asked that the permit be denied. John Livingston, 3530 Summit Drive, said he purchased a lot on Roseta Drive several years ago because of the nice residential character of the neighborhood. He said the residents who live in this area have good opportunity to shop in other nearby shopping centers. He sees no justification for spreading small shopping centers along Placer. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Gard compared this request to the Mary's Lake request where a solely residential area is imposed upon by commercial and felt this would be a very unfavorable impact on residential property. She emphasized that when the General Plan was changed in l970, the inten-tion was that the northern part of the western section of the City was going to be all residential and people purchased property on that basis. Mayor Kirkpatrick concurred with Council Member Gard. Council Member Demsher felt that if the area were still undeveloped and in the planning stage, it may be a different situation; but people bought property with the expectation of keeping it as R-l. In response to an inquiry from Council Member Fulton, Mr. Perry pointed out the property that the city is proposing for commercial development and noted that the zoning is now "C-l-F". Council Member Gard noted that the General Plan classification of "Commercial" has been in place on the City's property for over l4 years. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that General Plan Amendment Application GPA-l6-84 and Rezoning Application RZ-27-84, by CVR Trust, be denied. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-l3-84, by Gary Stokes (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-l3-84, by Gary Stokes. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated February 28, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo-randum to Council dated February 28, l985. He stated that the Plan-ning Commission has unanimously recommended rezoning of l3.55 acres located east and north of Hartnell Avenue and west of Lowden Lane from "U" Unclassified District to "RM-9" Multiple Family Residential District, "R3-40-F" Multiple Family Residential District, and "U-F" Unclassified District. A map of the area was shown on the Vu Graph. In the opinion of staff and the Commission, Mr. Perry stated that the proposed "RM-9" zoning is reasonable for the senior-citizens project since a senior-citizen unit creates about one-third to one-half the impact of a conventional two-bedroom apartment. He said the concern is to have uses other than senior-citizens housing developed in accordance with the General Plan. Mr. Perry indicated that to address this concern it is recommended that the property not proposed for senior citizens housing be zoned "R-3-40-F," which would permit 70 units and for the "RM-9" zoning, it is recommended that an agreement be recorded stipulating that, if other than senior citizens housing is constructed, no more than 58 units would be permitted. It is the recommendation of the Planning Commission and staff that EIR-2-8l be certified as adequately addressing the impacts of this rezoning and that the rezoning be approved as discussed above and depicted on Exhibit "A." It is further recommended that a use agree-ment as outlined in the staff report, be completed prior to adoption of the ordinance. Council Member Gard noted that possibly a senior citizens housing zoning is needed. Mr. Perry indicated that senior citizens projects have been handled thus far in the "RM" zone. He said it would be difficult to design a zone for a single purpose. In response to a concern expressed by Council Member Pugh, Mr. Perry indicated that he and the City Attorney are confident with the use agreement procedure. Council Member Gard said it is because of the reduced parking require-ments for senior citizens projects that she feels uncomfortable with the use agreement procedure. Mr. Perry said that possibly a combining district would be the answer and Council Members concurred. Gary Stokes, applicant, stated he is in agreement with the recommenda-tion made by the Planning Commission and added that the senior citizen's project property is in escrow and is subject to the use permit being approved. He said they are proceeding as rapidly as possible on the apartment complex portion of the property. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that EIR-2-8l be certified as adequately addressing the impacts of this rezoning. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving the rezoning as depicted on Exhibit "A", and that the City Attorney prepare an ordinance subject to the completion of a use agreement as recommended by the Planning Commission. The Vote: Unanimous Ayes PUBLIC HEARING - re Planned Development Application PD-3-84, by Bill Gelonek and Frank Wilson (L-0l0-2l0-390) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Planned Development Application PD-3-84, by William Gelonek and Frank Wilson. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated February 28, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo-randum to Council dated February 28, l985. He stated that the Plan-ning Commission recommended rezoning of property located on the south side of Eureka Way generally between Sunset and Overhill Drives for the construction of a l20-unit planned development. A map of the area was shown on the Vu Graph. It is the recommendation of both the staff and the Commission that PD-3-84 be approved subject to the recommended conditions, that EIR-l0-77 be found to adequately address the impacts of the project and that changes or alterations have been made in the project which avoid or mitigate any environmental impacts. It is further recommend-ed that the City Attorney be asked to prepare an ordinance to be introduced at the next meeting. Council Member Gard requested a copy of the grading plan for this project. Dan Wilson, representing the property owners, contended that he has not seen a copy of the conditions for approval. He said he feels the sidewalk requirements are too restrictive for such a low density project. Mr. Wilson said they bought into the project right before the previous permit, which did not require sidewalks, was due to expire. Council Member Gard noted that it is a consistent requirement of the Planning Commission. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Demsher that EIR-l0-77 be found to adequately address the impacts of the project and that changes or alterations have been made in the project which avoid or mitigate any environmental impacts. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving PD-3-84 subject to the Conditions of Approval and that the City Attorney be instructed to prepare an ordinance to be introduced at the next City Council Meeting. Voting was as follows: Ayes: Council Members - Demsher, Gard, and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - None Abstain: Council Members - Pugh PUBLIC HEARING - re General Plan Amendment Application GPA-l5-84, by Mount Lassen Machinery (G-030-0l0) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-l5-84, by Mt. Lassen Machinery. The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated February 26, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo-randum to Council dated February 26, l985. He stated that the Plan-ning Commission unanimously recommended approval of the request to amend the Redding General Plan on property located at l40l and l45l Twin View Boulevard from "Residential, 3.5 and 3.0 units per acre" and "Greenway" to "Office/Residential, l2.0 units per acre" and "Residen-tial, 3.0 units per acre." A map of the area was shown on the Vu Graph and the draft negative declaration was given to Council. It is the recommendation of both the Commission and staff that GPA-l5-84 be approved as outlined, that the negative declaration be ratified, and staff be directed to prepare a resolution for consid-eration at the next meeting. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Council make the following findings re GPA-l5-84, by Mount Lassen Machinery: l. Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Board of Administrative Review on December l9, l984. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Fulton approving the recommendation of the Planning Commission and instructing staff to prepare a resolution for consideration at the next meeting. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Request for Taxicab Owner's Permit by Richard and Robert Riley (T-l00-500) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re request for taxicab owner's permit by Richard and Robert Riley. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing City Attorney Hays advised that he has received information from both R & R Taxi and Redding Yellow Cab dealing with the number of calls received which ask for taxi service from Anderson to Redding and the circumstances. He explained that the City's current ordinance does not prohibit R & R Taxi from bringing a fare to Redding from Anderson. What it does not address, he advised, is the round trip provision or whether a round trip prepayment is re-quired. Mr. Hays reported that R & R Taxi has advised that there is no sig-nificant request for service to the Airport; however, they average about 30 calls per month from Anderson to Redding. He said Yellow Cab has indicated that for about the last five months, they have received 53 calls to go from Redding to Anderson. They also receive about one call per day asking about the cost from Redding to Anderson. At this time Mr. Hays asked that Mr. Riley restate his request. Robert Riley, l730 Bruce Drive, Anderson, stated that he wishes to pick up fares in Redding who have paid for a round trip. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes City Attorney Hays suggested that the existing ordinance be amended to allow round trips without a permit. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that R & R Taxi be allowed to take fares from Anderson to Redding and back to Anderson on a round trip prepaid basis; and, that they cannot pick up passengers in Redding other than the ones they brought. The Vote: Unanimous Ayes The City Attorney stated that this service is not subject to the business license requirements since it originates in Anderson. PUBLIC WORKS PLANNING REPORTS - March l985 Public Works Director Arness presented the Public Works Planning Reports for March l985. TRAFFIC SIGNAL MODIFICATION - Court and Placer Streets (T-080-700 and P-030-250) Council Member Pugh abstained from voting and discussion on this matter. Public Works Director Arness reviewed his memorandum to Council dated February 25, l985, which is incorporated herein by reference. He stated that staff's recommendations to Council and the Traffic and Parking Commis-sion have been to develop an intersection which improves the safety pri-marily for left turning vehicles, maintains the vehicle lane capacity, and increases the overall efficiency of travel time on the streets in the area. Mr. Arness noted that the concerns regarding loss of parking and the potential loss of trees were considered in the recommendation. Mr. Arness explained that staff is preparing a Traffic Evaluation and Safety Program report which indicates that Court and Placer is the City's highest accident intersection. A three-year updated accident diagram was submitted to Council. He outlined the additional benefits from the installation of a traffic-actuated signal. Mr. Arness pointed out that this project is currently listed for funding as a Federal--Aid Urban (FAU) project; however, it has been determined that this project may qualify for Hazard Elimination (HE) monies which may be avail-able. He advised that if HE monies can be used for this project, FAU funds could be used for other projects where capacity and safety could be en-hanced. He noted that any improvements less than those recommended by staff would probably result in the project not being eligible for HE funds. It is the recommendation of the Public Works Director and the Traffic and Parking Commission, that the project be approved as submitted. Council Member Demsher stressed that this situation and the need to elimi-nate parking spaces points out the need to consider some type of solution to the parking problems in the downtown area such as a parking district. Council Member Fulton asked if staff feels this intersection is more important to pursue than the four-corners intersection (Hartnell and Churn Creek). Mr. Arness advised that the four-corners intersection and others are being funded as part of the Churn Creek Overcrossing Phase II redevel-opment plan which should be completed this year. Attorney Jim Fisher, l72l Court Street, expressed an objection on behalf of Steven Dean who rents space in the IBM Building on the west side of Court Street. He said Mr. Dean could not stay for the entire meeting this evening but wished to say that losing the on-street parking in front of his office will create a real problem for him. Mr. Arness pointed out that the parking is proposed to remain on the west side of Court Street. Mr. Fisher felt the project as recommended by staff is not justifiable for a 25% to 30% reduction in the accident rate. He added that there is also a potential for tree removal. Mr. Fisher emphasized that, while parking is critical, he is very concerned about losing his trees. He questioned whether the project will meet and solve the problems. Mr. Fisher referenced a letter from Mr. Howard Anderson, a traffic analyst, which points out that in his opinion the left turn lanes from Placer are not justifiable. Mr. Anderson did feel that the left turn lanes on Court will be cost--effective. Mr. Fisher said the staff proposal includes 40 foot curb returns, whereas Mr. Anderson feels this is not necessary. He also pointed out that in his opinion the risk to pedestrians will be increased due to the reduction of sidewalk width and the fact that it will take pedestrians approximately eight seconds longer to cross the street. Mr. Fisher felt the proposed configuration could cause additional traffic problems. Mr. Fisher suggested that the changes be made in phases rather than the drastic changes as proposed. He recommended that the 8" lenses be replaced with l2" lenses to increase visibility and reduce broadside accidents, and that the intersection be reviewed in a year or two. John Mathena, l647 Court Street, said he is concerned about losing parking stalls on Court Street. He said many people prefer to park on-street for easy access and rapid delivery. Mr. Mathena felt they are being doubly impacted because they were asked to give up space for a right turn lane when they built the building, and now they are losing parking. He felt that the signalization as proposed is not justifiable and asked that it be done in phases and re-evaluated. Mayor Kirkpatrick asked about the possibility of not installing the 40 foot curbs at this time. Mr. Arness emphasized that staff feels the project is cost effective and in the best interest of the City as proposed. Traffic Engineer/Planner Will pointed out that the 40 foot curb returns are almost mandatory to allow room for busses and trucks to make right turns without encroaching over the centerline, going over small curb returns, and breaking down sign standards. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that, at the very least, signal lenses and mast arms be replaced. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Gard that left turn lanes be provided on Court Street. The Vote: Unanimous Ayes with Council Member Pugh abstaining Mr. Arness noted that the additional space to provide the left turn lanes needs to be addressed. MOTION: Made by Council Member Fulton that 40 foot curb returns be pro-vided as originally planned on all four corners. This motion died for lack of a second. Some discussion ensued regarding the effects of the changes as approved thus far. Mayor Kirkpatrick asked what would happen if the 40 foot curb returns are not approved. Mr. Fisher pointed out that the need for 40 foot curbs is only to accommo-date large vehicles which rarely ever use those streets. Mr. Arness replied that they are needed for large vehicles but also to provide for less restricted right turn maneuvers. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that parking be eliminated on Court Street as depicted on the drawing (Alternate V) and moving the center line on Court Street to the east. Voting was as follows: Ayes: Council Members - Gard and Demsher Noes: Council Members - Fulton and Kirkpatrick Absent: Council Members - None Abstain: Council Members - Pugh This motion failed for lack of a majority vote. Mayor Kirkpatrick asked if it would be appropriate to refer the decisions Council has made back to the Public Works Director to review the con-sequence and report back. He preferred either approving the whole project as recommended or sending it back for further study by staff. Council Member Demsher said he favors the elimination of some parking on Court Street as recommended by staff, the left turn pockets on Court Street, and the signal to protect them. He does not feel it is necessary to go beyond that right now. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that parking be eliminated as recommended by staff on Court Street, and a left turn pocket be created on Court Street with left turn signals; that the one parking space on Placer on the southeast corner of the intersec-tion be eliminated as recommended; and that the parking spaces along the north side of Placer from Court east to the alley be changed to short-term metered parking. The Vote: Unanimous Ayes with Council Member Pugh abstaining Mr. Will pointed out that this will require widening Court south of Placer four feet on the east and west sides to allow for lane alignment with the north side of the intersections. Mr. Arness indicated that the resolution which was prepared for adoption this evening will have to be revised and returned to Council at its next meeting. NOTICE OF COMPLETION - Installation of ll5 KV Circuit Breakers at Sulphur Creek Substation (B-050-020 and E-090-l40-725) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Bid Schedule No. l522 (Job No. 9455), installation of ll5 KV Circuit Breakers at Sulphur Creek Substation, be accepted as satisfactorily com-pleted by Cal Electro, Inc., for the final contract price of $l03,958. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh RESOLUTION - re NCPA Calavaras Project (E-l20-070-l20) City Attorney Hays recommended adoption of a resolution and authorization for the Mayor and City Clerk to sign the transfer agreement to transfer the City's interest in the Calavaras Project to other members of NCPA as previously directed by Council. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Resolution No. 85-46 be adopted, a resolution of the City Council of the City of Redding approving the agreement for transfer of rights to capacity and energy of the North Fork Stanislaus River Hydroelectric Development Project. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 85-46 is on file in the office of the City Clerk. SUMMONS AND COMPLAINTS (C-090-l00 and A-l70-020-900) City Attorney Hays advised that Motion of Peremptory Writ of Mandate has been filed in connection with the Victor Avenue Bridge Assessment District No. l983-9, as anticipated. He indicated that it appears that a validation action will not be required at this time. (C-090-l00) Mr. Hays also advised that in regard to the Watson vs. City of Redding case, since the filing of that suit, there has been a Motion of Summary Judgement. The courts have said that the City's ordinance would cease to exist and would as well have to pay the attorney's fees for Mr. Watson. It is proposed that in return for a dismissal of the action in Sacramento, the City pay the attorney's which it would have to do anyway. Mr. Hays advised that the City can now try to salvage its existing ordinance or work toward an ordinance that is more valid. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher accepting the settlement agreement as stated above. The Vote: Unanimous Ayes ROUTINE REPORTS AND COMMUNICATIONS Pacific Gas and Electric Co. (S-050-350) Notice of Application to Decrease Gas Rates Alcoholic Beverage License Applications: (A-ll0-l40) Rathskeller (Rathskeller Corp.) l706 E. Churn Creek Road Holland Haus Restaurant (Albert & Elisabeth Beernink) 29l4 Churn Creek Road The Shack (Susan Rayner) l325 Eureka Way Churn Creek Market (Bernard & Gene Hetzel) 5200 Churn Creek Road, Ste. A Shasta-Cascade Wonderland Association: (B-l30-030-700) Publicity ORAL COMMUNICATIONS (A-050-270) James Carver McCandless, III, l085 Pine Street, Apt. 3, proposed that an elected citizens review board be formed to review the police state. He said he spent the weekend in jail on false charges and claimed that the Redding Police Department has no respect for Constitutional rights of individuals. Mr. McCandless stated that he has spent time in jail on other false arrest charges and has had to spend $70 of his money for bail which he would like to have refunded. The City Manager was requested to investigate the charges. ADJOURNMENT There being no further business, at the hour of 9:55 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ____________________________________ Mayor ATTEST: __________________________________ City Clerk