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HomeMy WebLinkAboutMinutes - City Council - unsigned - 1985-07-01 City Council, Regular Meeting Police Dept. & Council Chambers Redding, California July l, l985 7:00 P.M. The Pledge of Allegiance to the Flag was led by Planning and Community Development Director Perry. The invocation was offered by Pastor Travis Laurence of the First Baptist Church of Central Valley. The meeting was called to order by Mayor Kirkpatrick with the follow- ing Council Members present: Demsher, Fulton, and Kirkpatrick. Council Members absent: Gard and Pugh Also present were City Manager Courtney, City Attorney Hays, Planning and Community Development Director Perry, Engineering Manager Russell, Director of Parks and Recreation Riley, Assistant City Engineer Lang, Director of General Services Masingale, Senior Planner Keaney, Direc- tor of Finance Downing, Director of Personnel Services Bristow, Director of Data Processing Kelley, Senior Associate Planner King, Senior Housing Counselor Maurer, 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 June l7, l985 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 24, check nos. l06l6l through l06573 inclusive, in the amount of $2,662,947.56, be approved and paid; and, Payroll Register No. 25, check nos. 208939 through 209588 inclusive, in the amount of $507,9l6.94, for the period June 2, l985, through June l5, l985, be approved. TOTAL: $3,170,864.50 Claims for Damage and Personal Injury - lst Hearing Gordon Ira Garner - Claim for Damages filed 6/l4/85 Recommend payment in the amount of $22.29 (C-090-020) Michael Pattie & Vantage Security Service - Claim for Damages filed 6/l7/86 Recommend denial and refer to Insurance Carrier (C-090-020) Chris E. Jensen - Claim for Damages filed 6/l8/85 Recommend denial and refer to Insurance Carrier (C-090-020) James Arthur Mack - Claim for Personal Injury filed 6/l9/85 Recommend denial and refer to Insurance Carrier (C-090-050) Kathleen Bolton - Claim for Damages filed 6/l9/85 Recommend denial (C-090-020) Steve & Vikki Thomas - Claim for Damages filed 6/l4/85 Recommend denial (C-090-020) Bob W. Stone - Claim for Damages filed 6/20/85 Recommend payment in the amount of $l5l.80 (C-090-020) James & Irene Schmitz - Claim for Damages filed 6/28/85 Recommend denial and refer to Insurance Carrier (C-090-020) Council Member Lee D. Fulton, M.D - Request to Leave United States (A-050-060) Request permission to Leave United States for the period from July l7, l985 through August l, l985 to travel to Russia. Award of Bid - Relay and Control Panels (B-050-100) City Manager recommends that Bid Schedule No. 1658, Relay and Control Panels be awarded to ASEA Electric, Inc., on its low bid in the amount of $54,349.38, sales tax included. Award of Bid - Substation Steel Structures (B-050-100) City Manager recommends that Bid Schedule No. l650, Substation Steel Structures be awarded to Gate City Steel, on its low bid in the amount of $l4,458.40, sales tax included. Award of Bid - One (l) l5 KV Center Break "V" Switch (B-050-l00) City Manager recommends that Bid Schedule No. l65l, One (l) l5 KV Center Break "V" Switch be awarded to the second low bidder, Morgan Industries, Inc., in the amount of $8,2l9.24, sales tax included. Award of Bid - One (l) ll5KV Circuit Switcher and Support Structure (B-050-100) City Manager recommends that Bid Schedule No. l652 be awarded to the sole bidder, Siemens-Allis, Inc., in the amount of $35,960.50, sales tax included. Award of Bid - l5 KV URD Conductor (B-050-100) City Manager recommends that Bid Schedule No. l657 be awarded to Phillips Cables Inc., on its low bid in the amount of $3l,558.32, sales tax included. -Purchase of Used Pickup Truck for Redding Municipal Airport (B-050-100) City Manager recommends approval of purchase of one used four wheel drive diesel pickup truck from Taylor Motors. The total cost includ- ing sales tax and a two year vehicle warranty will not exceed $10,500. Purchase of Two Used Vehicles for Electric Department (B-050-100) City Manager recommends approval of purchase of one used l984 Chevrolet Caprice four-door sedan in the amount of $l0,400, and one used l984 Toyota Corolla compact sedan in the amount of $6,900 from National Car Rental. The total cost including sales tax and smog certification is approximately $l8,350. Resolution - Supplemental Appropriations and Fund Transfers (B-130-070) Finance Director recommends adoption of Resolution No. 85-ll9, a Resolution of the City Council of the City of Redding approving and adopting certain supplemental appropriations and fund transfers, calculated as of June l, l985, and to be effective for the remainder of the fiscal year ending June 30, l985. Resolution - Contract for Professional Services (E-l20) Electric Director recommends adoption of Resolution No. 85-l20, a Resolution of the City Council of the City of Redding approving the letter agreement with Kadison, Pfaelzer, Woodard, Quinn & Rossi for legal services in Federal Regulatory Processes in an amount not to exceed $25,000, and City Manager to sign said contract. Lease Purchase of Microfilm System for Electric Department (A-050-125) Electric Director recommends approval of a lease purchase agreement with Bell & Howell for a microfilm system which includes a camera, processor, monitor, duplicator and reader-printer as outlined in the cost breakdown. Resolution - Letter Agreement with WAPA re Whiskeytown Substation (E-120-900 and E-120-070-825) Electric Director recommends adoption of Resolution No. 85-l2l, a Resolution of the City Council of the City of Redding approving letter agreement with the Western Area Power Administration regarding con- struction schedule for the Whiskeytown Power Project; City Manager to sign letter agreement and authorizing expenditure of $29,220 pursuant to said agreement. Set Public Hearing - Planned Development Application PD-l-85, by Bob Fisher (L-010-210-465) Planning Director recommends that a public hearing be set for 7:30 P.M., July l5, l985, to consider Planned Development Application PD-l-85, by Bob Fisher. Set Public Hearing - Appeal of UP-69-85 by Ernie Loveless (L-0l0-390) Planning Director recommends that a public hearing be set for 7:30 P.M., July l5, l985, to consider an appeal of Use Permit Application UP-69-85, by Ernie Loveless. Resolution - Amending Plan of Services, Annexation No. 83-6 (A-l50-l64) Planning Director recommends adoption of Resolution No. 85-l22, a Resolution of the City Council of the City of Redding amending the plan of services re Annexation No. 83-6 (Highway 44 and Old Oregon Trail Area), and amending Resolution No. 83-240. Resolution - Commencing Annexation, Annex No. 85-6, Silvia Ln. Area (A-l50-l74) Planning Director recommends adoption of Resolution No. 85-l23, a Resolution of the City Council of the City of Redding consenting to commencement of annexation proceedings and applying to LAFCO for approval of annexation to the City of Redding of uninhabited territory designated City of Redding Annexation No. 85-6 (Sylvia Lane Area). Resolution - Property Tax Revenues, Annexation No. 85-6, Silvia Lane (A-l50-l74) Planning Director recommends adoption of Resolution No. 85-124, a Resolution of the City Council of the City of Redding agreeing to exchange of property tax revenues for uninhabited Annexation No. 85-6 to the City of Redding (Sylvia Lane Area). Resolution - Lot Line Adjustment LS-39-85, by Mary Lake Development (L-0l0-l50) Planning Director recommends adoption of Resolution No. 85-l25, a Resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-39-85. Resolution - Lot Line Adjustment LS-42-85, by Mark Gunlogson (L-0l0-l50) Planning Director recommends adoption of Resolution No. 85-126, a Resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split Application No. LS-42-85. Resolution - Approving l985 CDBG Grant Agreement (G-100-030-029) Planning Director recommends adoption of Resolution No. 85-127, a Resolution of the City Council of the City of Redding approving the Community Development Block Grant (CDBG) Entitlement Grant for the City of Redding and and authorizing the City Manager to sign same. Resolution - Supplemental Loan Request for Benton Airpark Hangars (G-100-170 and A-090-020) Airports Director recommends adoption of Resolution No. 85-128, a Resolution of the City Council of the City of Redding authorizing the filing of an additional loan application for a sun shelter and 5-place hangar at Benton Airpark and authorizing City Manager to execute the appropriate documents. Award of Bid - Painting of l.0 MG Cascade Reservoir (B-050-020 and W-030-450) Public Works Director recommends that Bid Schedule No. 1656 (Job No. 9576), Painting of 1.0 MG Cascade Reservoir, be awarded to Higgins Painting Service on its low bid in the amount of $16,770. Resolution Accepting Streets and Acceptance of Improvements - Woodhaven Homes Subdivision, Units 5 & 6 *(S-070-230 and S-100-808) Public Works Director recommends that Resolution No. 85-129 be adopted, a Resolution of the City Council of the City of Redding accepting for maintenance and operation portions of Breckenwood Drive, Marlene Avenue and Flintwood Way in the Woodhaven Homes Subdivision, Unit Nos. 5 and 6. It is further recommended that the improvements in Woodhaven Homes Subdivision, Units 5 and 6 be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution - re Cost of Abatement, 2865 Henderson Rd Owned by Perry (A-030-070) City Attorney recommends that Resolution No. 85-130 be adopted, a Resolution of the City Council of the City of Redding approving and confirming report and account of the cost of abatement of unsafe buildings and debris on the Perry property at 2865 Henderson Road. Concession Stand Agreement with Enterprise Boosters Club - at Enter- prise Swimming Pool (P-050-700-300) City Attorney recommends renewal of concession stand agreement with the Enterprise Boosters Club for operation of the concession stand at the Enterprise Swimming Pool for one year, commencing June l, l985 and terminating May 3l, l986. Agreement - Redding Swim Club for Use of Enterprise High Swimming Pool (P-050-700-300) City Attorney recommends extension of an agreement with the Redding Swim Club for use of the Enterprise High School Swimming Pool for the period commencing June 1, l985 and terminating December 31, 1985. Agreement - Shasta Aquatic Swim Club for Use of Enterprise Pool (P-050-700-300) City Attorney recommends approval of an agreement with the Shasta Aquatic Swim Club for use of the Enterprise High Swimming Pool for the period commencing June 18, 1985 and terminating September 1, l985. - - - - - MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Gard and Pugh Resolution Numbers 85-ll9, 85-120, 85-121, 85-122, 85-123, 85-124, 85-125, 85-126, 85-127, 85-128, 85-129, and 85-130, are on file in the office of the City Clerk. TENTATIVE SUBDIVISION MAP S-7-85 - Lake Forest Estates Units 2, 3, & 4 S-100-415) Council was advised that the Planning Commission has granted permis- sion to subdivide a maximum of l07 units in the form of 75 single-- family lots and l6 duplex lots (32 units) on property located north and east of Lake Boulevard and south of Keswick Dam Road, described as Tentative Subdivision Map S-7-85, Lake Forest Estates Subdivision Units 2, 3, & 4. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval. This was an information item. APPEAL OF DENIAL OF AMENDMENT REQUEST FOR TENTATIVE SUBDIVISION MAP S-ll-84 - Quail Ridge Units 2 - ll (S-l00-607) Planning and Community Development Director Perry advised that a request has been received from James E. Salven, Corporate Secretary for Urban Environment, Inc., the applicant in this matter, asking that the appeal of the Planning Commission's decision to deny an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge, Units 2 - ll, be held over to July l5, l985. Mr. Salven indicated that prior to that time, they will provide Council with a letter from the property owner across the creek indicating agreement on their encroachment. Council Members indicated that they had no objection to this request for continuance. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the decision regarding the denial of an amendment request for Tentative Subdivision Map S-ll-84, Quail Ridge Units 2 - ll, be continued to July l5, l985. The Vote: Unanimous Ayes RESOLUTION - Amending Schedule of Salaries for Officers and Exempt Employees (P-l00-320) Personnel Director Bristow reviewed his memorandum to Council dated June 25, l985, which is incorporated herein by reference. He submit- ted for Council's consideration, a resolution modifying the salary plan by providing for a general wage increase of five percent to be granted for exempt and unrepresented employees to be effective June 30, l985. Mr. Bristow advised that the Personnel Committee of the City Council has reviewed these modifications and it is therefore recommended that the resolution be adopted. Council Member Demsher pointed out that he and Council Member Pugh serve on the Personnel Committee and they have met with the City Manager and the Personnel Director regarding these modifications. He said it is the feeling of the Committee that these salary changes are in line with the public sector as well as the private sector. Council Member Fulton said he is in concurrence with the five percent general wage increase but has questions about some of the equity adjustments. He indicated that he would like to meet with the City Manager about some of the adjustments. Dr. Fulton stated that he was made aware of these adjustments on the previous Wednesday. At the hour of 7:l0 P.M., Council Member Pugh entered the meeting. Council Member Fulton stated that, before the next salary modification proposal, he would like to have more opportunity to discuss the adjustments prior to Council's consideration next year. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Resolution No. 85-l3l be adopted, a resolution of the City Council of the City of Redding amending Resolution No. 84-259 by modifying the schedule of salaries for officers and exempt employees and the employee classification schedule and salary plan established by said resolution; and, that Council Members be given more time to study future proposed salary adjustments prior to Council's consideration of these modifications. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Gard Resolution No. 85-l3l is on file in the office of the City Clerk. REQUEST TO SELL BEER IN LAKE REDDING PARK - Vulcan Tour (A-ll0-l00) Council Member Demsher abstained from voting and discussion on this matter. Recreation and Parks Director Riley advised that on June 26, l985, the Recreation and Parks Commission recommended denial of a request by Vulcan Tour to sell beer in Lake Redding Park. He indicated that the Commission felt the request was contrary to the ordinance prohibiting the use of alcohol in City parks. Mr. Jim Fisher, representing the Vulcan Tour, indicated that this will be the third year of the Tour and this race has become a huge success. He said he agrees completely with the intent of the ordinance; how- ever, he also feels it is the intent of the ordinance to consider some uses on a case by case basis. Mr. Fisher said the Parks Commission has taken a stand that no drinking should be allowed in the park. He felt Council would agree that bicycle riders in general are not the kind of groups which cause problems, and they have had no problems with the Tour in the past. He emphasized that this will be a totally daytime event and all beer will be sold and consumed within the beer garden areas. Mr. Fisher asked that Council give its favorable consideration to this request this year and if there are any problems, the request can be denied next year. He also pointed out they they have made a commitment to donate l0% of the proceeds from the sale of beer to the Old City Hall Restoration Fund. Mr. Fisher felt this is a worthwhile exception to the ordinance. In response to a question from Mayor Kirkpatrick, Mr. Riley replied that it is his understanding that the beer will be sold within two fenced areas. Mayor Kirkpatrick said he has no objection to the request and felt the ordinance is working the way it was intended to work. Council Member Pugh emphasized that as long as the beer is sold and consumed within fully fenced areas, he would have not objection to the request. Mr. Riley indicated that he would coordinate the placement of the barriers. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton approving the request by Vulcan Tour to sell and consume beer in Lake Redding Park, within designated boundaries, on September 2l and 22, l985. The Vote: Unanimous Ayes with Council Member Demsher abstaining REQUEST TO SELL BEER AT THE SOFTBALL PARK - Chamber of Commerce (A-ll0-l00) Recreation and Parks Director Riley advised that, on June 26, l985, the Recreation and Parks Commission recommended denial of a request by the Chamber of Commerce to sell beer and wine-coolers during the 7th Annual Chamber/Media Softball game on August l4, l985, in the Softball Park. He said the Commission felt that this would be in violation of Policy l3, which requires that organizations selling alcoholic bever- ages in City parks, be non-profit. Council Member Pugh asked what distinction was made between the Chambers request this year and last year's request. Mr. Riley advised that last year, proceeds from the sale were donated to the KIXE building fund, whereas this year they propose to use the funds for their own building. City Attorney Hays suggested that staff determine the legal status of the Chamber of Commerce and defer action on this request until that determination is made. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that this request be continued to July l5, l985, to determine the legal status of the Chamber of Commerce. The Vote: Unanimous Ayes REQUEST TO HOLD ANNUAL OKTOBERFEST AT BENTON AIRPARK - Experimental Aircraft Assoc. (*A-090-020 and A-ll0-l00) City Attorney Hays reviewed the Airport Director's memorandum to Council dated June 24, l985. He stated that the Experimental Aircraft Association has requested permission to hold their annual Oktoberfest Fly-In at Benton Airpark, and to sell beer and wine on October 4 and 5, l985. Mr. Hays advised that the Airports Commission has approved the request and the Airports director recommends approval. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh approving the request by Experimental Aircraft Association to hold their annual Oktoberfest at Benton Airpark and to sell beer and wine, October 4 and 5, l985. The Vote: Unanimous Ayes PUBLIC WORKS PLANNING REPORTS - July l985 (A-050-300) Assistant City Engineer Lang presented the Public Works Planning Reports for July, l985. SUMMONS AND COMPLAINT (C-090-l00) City Attorney Hays advised that the following Summons and Complaint has been received by the City: Marilyn Rustemeyer vs. City of Redding ROUTINE REPORTS AND COMMUNICATIONS Public Utilities Commission (S-050-350) PGandE Amendment to Application No. 83-09-49 re Increase in Rates Alcoholic Beverage License Applications: (A-ll0-l40) Flowers and Frills (John & Mary Knox) 224 Hartnell Avenue Shakey's Pizza (Team Pizza, Inc.) 2600 Churn Creek Road Shakey's Pizza (Team Pizza, Inc.) 2056 Eureka Way KOA of Redding (Vickers & Martin, Inc.) l00 Lake Blvd. East PUBLIC HEARING - re Chapter l8.47, Flood Plain Combining District (L-0l0-500-050) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Flood Plain Combining District, Chapter l8.47. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June 27, 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 June 27, l985. He stated that the Planning Commission has recommended adoption of the "FP" Flood Plain Combining District, and asked that Council be advised that they are working on an incentive mechanism to encourage dedication of flood-plain areas, which will be submitted later. Mr. Perry noted that the ordinance before Council this evening only adopts flood-plain regulations, and separate proceedings will be required as a follow-up to rezone spe- cific properties. Mr. Perry explained that the adoption of formalized flood-plain regulation is required of the City by the Federal Emergency Management Agency (FEMA) in order for the City to maintain its eligibility in the National Flood Insurance Program. He outlined some of the issues raised during consideration of the draft ordinance, and indicated some of the impacts the ordinance will cause. Mr. Perry pointed out that if Council adopts a flood-plain ordinance, it will also need to adopt a moratorium on development in flood-plain areas in order not to be suspended from the insurance program. It is the recommendation of the Commission and staff that Chapter l8.47 be adopted, that the negative declaration be ratified, and the ordinance be offered for first reading. In addition, it is recom- mended that the proposed moratorium be adopted in order for the City not to be suspended from the national flood insurance program until the flood-plain ordinance becomes effective. Mr. John Williams, 26l5 Park Marina Drive, stated he lives in the l00 year flood zone, and three times his home has been completely sur- rounded by water. He emphasized that his home was built to withstand this probability. Mr. Williams felt that if people are notified that they are buying homes or property in the flood plain, it would then be their responsibility to deal with the situation. He said he is opposed to the additional requirements proposed by the City and speculated that these requirements would have prohibited him from building his home and business. Mr. Williams stated he manages several businesses in the Park Marina area and he has never lost a tenant because of flood problems and never suffered any serious property damage. He contended that there is very little land left for development along the river and these new regulations would only apply to new development. He felt this ordinance was an attempt on the City's part to strangle any new development along Park Marina Drive. Bob Spaid, 200l Park Marina Drive, pointed out that the City had an option to purchase property on Park Marina Drive but refused it in l949, and again in the l960's. He noted that he had a letter from the Bureau of Reclamation saying that the improvements made in the area have been an asset to that sector of the river. Mr. Spaid advised that he is very desirous to develop this property now and asked to present a map of how it could be developed. After discussion by Council and the City Attorney, it was determined that this proposed development is not relevant to the issue and would have to be considered by the Planning Commission before it could be considered by the City Council. Mayor Kirkpatrick commented that the Planning Commission is doing some follow-up work on the ordinance dealing with incentives and this may be the appropriate time to consider specific development plans. Alan Hill, 6870 Churn Creek Road, objected to the proposed ordinance. He said the FEMA requirements would adequately serve the purpose of the City. He felt some issues were left out of the ordinance such as density trade-offs. He also felt the ordinance was put together hastily because the Planning Commission could not come to an agreement on some issues and they felt pressured to make a decision. Mr. Hill asked that the ordinance be referred back to staff or consideration be given to the basic FEMA requirements. He felt the ordinance is complex and confusing and in many cases, does not serve the interest of the people involved. Russ Reiner, attorney representing Bob Spaid, felt the three Planning Commissioners who voted in favor of the "FP" District were under pressure to make a decision. He said the ordinance is very complex and he does not feel the Council should adopt it this evening. He felt that the Planning staff has lost sight of what FEMA requirements are for; i.e., to enable the City to qualify for flood plain insurance. Mr. Reiner referenced the FEMA regulations and said that if people meet FEMA construction standards, they will be able to obtain insurance. He said this ordinance prohibits development within the Park Marina area and will have the effect of condemnation of the land. Mr. Reiner felt there is no real need for the ordinance and supported a 30 day moratorium. He asked that all land outside the flood fringe be taken out of this ordinance. Mr. Reiner felt the City should engage a hydrologist to look at construction standards as proposed by staff. He emphasized that the ordinance will involve a tremendous area--about l0% of the City of Redding. E. W. Cook, 3435 Riverview Drive, agreed with Mr. Reiner and felt the City should adopt the minimum FEMA requirements. He said the Planning staff does not have the time to devote to the increased work load which will be caused by this ordinance. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Fulton, Mr. Perry advised that the Planning Commission is working on incentive programs to dedicate flood fringe areas to the City and receive dwelling unit credits. Council Member Pugh asked what is the City's current procedure for construction standards along the river. Mr. Perry advised that there are none except along Park Marina Drive. Council Member Pugh asked if it is true that the FEMA calculations do not take into account upstream development. Mr. Perry said that is staff's understanding. It was the general consensus of Council that the proposed ordinance is more restrictive than the FEMA sample, but not necessarily too re- strictive. Council Member Pugh stated that it defines the standards in a somewhat more restrictive nature than FEMA but it also gives people more information on what they can do and the criteria is well defined. Mr. Perry advised that as long as the requirements are met, FEMA allows modification of the ordinance if it becomes necessary. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that Council make the following findings re the Flood Plain Combining 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 May l4, l985. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. l734 for first reading, an ordinance of the City Council of the City of Redding adding Chapter l8.47 to the Redding Municipal Code, pertaining to "FP" Flood Plain Combining District. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that Ordinance No. l735 be adopted, an ordinance of the City Council of the City of Redding prohibiting certain residential uses throughout the City for a period of forty-four days, which may be in conflict with contemplated zoning proposals which the City Council is considering or intends to consider within a short time. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Gard Ordinance No. l735 is on file in the office of the City Clerk. PUBLIC HEARING - re School Overcrowding in Shasta Lake Union Elemen- tary School District, Grant School District, and Shasta Union High School District (L-0l0-l70) Council Member Demsher abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re school overcrowding in Shasta Lake Union Elementary School District, Grant School District, and Shasta Union High School District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated June l2, June l3, and June 27, l985 The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Shasta Union High School District Planning and Community Development Director Perry reviewed his memo- randum to Council dated June 27, l985, concerning Shasta Union High School District. He stated that the Shasta Union High School District has requested that development fees be imposed because an "overcrowded condition exists." Data submitted by the School District to support its request, a financial statement regarding the use of collected school impact fees from past years, and a letter from the Superinten- dent of Schools, Dean Dennett, verifying findings of the school district in accordance with the State Government Code Sections 65970 and 65974, were submitted to Council. Mr. Perry advised that an analysis of the school district's data indicates an overcrowded condition based on the definitions set for the in Government Code Section 6597l and the criteria of Chapter l6.44 of the Redding Municipal Code. The facts supporting this conclusion were reviewed. Based on the overcrowded conditions, Mr. Perry re- ported that the District is requesting that development impact fees be adopted for the ensuing school year as follows: $739.88 per single-- family unit with at least three bedrooms; $369.94 per two-bedroom unit; and $l84.97 per one-bedroom or studio unit. Mr. Perry refer-enced a letter from Lloyd Osgood, contractor, objecting to the re-quested fees. In staff's opinion, an overcrowded condition continues to exist in the Shasta Union High School District based on the fact that the potential enrollment impact from proposed subdivision development continues to exceed the capacity of the district's school. Mr. Perry stated, however, that based on the current level of uncommitted funds, staff is not convinced that school overcrowding fees are justifiable in the amounts requested. If Council concurs with the findings of the school district, it is recommended that the district be found to be overcrowded and a resolu- tion be adopted to implement the fees. If Council agrees that the school district is overcrowded, but questions whether fees are war- ranted at the levels requested, then it is recommended that Council refer the matter back to staff for investigation into a more appro- priate fee level. Shasta Lake Union Elementary School District Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l3, l985. He stated that the Shasta Lake Union Elementary School District is requesting that mitigation fees be adopted by the City to alleviate overcrowding. A copy of the dis- trict's request, together with data supporting the request, and a map depicting the district's boundaries, was submitted to Council. Mr. Perry indicated that the staff analysis of the school district's data indicates that there is an overcrowded condition within the school district. He reviewed the facts supporting this conclusion. It is the recommendation of staff that Shasta Lake Union Elementary School District be found to be overcrowded and that the interim classroom facility fees be adopted by resolution. Grant School District Planning and Community Development Director Perry reviewed his memo- randum to Council dated June l2, l985. He stated that the Grant School District has requested that development fees be implemented for classroom facilities due to potential overcrowding conditions for the school year l985-86. Copies of a letter from the district, the required findings by the County Superintendent of Schools, and a map depicting the location of the school district in the City of Redding, were submitted to Council. If Council concurs with the district's findings of overcrowding and the requested school mitigation fee, then it is staff's recommendation that the proposed resolution be adopted. Ron Mygrant, 44l4 Saratoga Avenue, said no emergency exists to justify the request in the Shasta Union High School District. He contended that the fee load on housing has increased over l50% over the last five years, which will cause a great negative effect on housing in Redding. He added that this will also add to the shortage of rental housing. Mr. Mygrant referenced the uncommitted funds totalling approximately $23l,925 and felt these fees would be adequate for this year. He maintained that next year they could come back with a request for actual need. Mr. Mygrant asked that the fees be reduced by one half and that they be based on actual need. Lloyd Osgood, 2440 Bonnyview Road, said because of the way the Govern- ment Code is written, he has not had much success with his past objections on this issue. He felt the school district is collecting too much in fees and could spend the money more appropriately. Mr. Osgood said he would like to see something in the City Code to provide for the expenditure of the fees. If the fees cannot be reduced, he asked if the Code could provide for the contractors to provide the classrooms. He said the building industry of Redding cannot afford to always be the "deep pockets" to make up for Proposition l3. Mr. Osgood asked that Council not find for a condition of overcrowding. He also asked that the funds be kept in the City's control longer. Allen Swanson, l330 West Street, attorney representing Shasta Lake Union Elementary and Shasta Union High School Districts, said there is no dispute regarding Shasta Lake Union Elementary where in March of l985 the actual enrollment was 49 students less than capacity. He added that there has been a 5l- or 52-student increase each year over the last four years and the Government Code allows consideration for possible development. In regard to the Shasta Union High School District, Mr. Swanson stated that the findings support a well-planned schedule to keep ahead of overcrowding. He added that there is now an actual need for the six portable buildings and six more will be purchased in the next year. Mr. Swanson advised that the District has not been approached by developers to provide buildings and added that the District is not eligible for the funding referred to by Mr. Osgood (Leroy Green funds). Mr. Swanson pointed out that based on projections of future development, the District is 93 students over capacity. Council Member Pugh expressed concern that the City is put in the position of imposing fees for temporary buildings, when the problem is long-term. In response to an inquiry from Council Member Fulton, Mr. Swanson stated that no information is available as yet on lottery money. Mr. Osgood returned to the podium and said he would like the funds to be more controlled and the school districts to be required to make application to the City for the buildings. Mr. Osgood felt this program, based on proposed development, has been abused by school districts because it is the easy solution. Mr. Swanson returned to the podium and explained the reason for the difference in costs of classrooms. He emphasized that the Feeder School estimate is 92 to 93 students over capacity. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes Mayor Kirkpatrick asked City Attorney Hays if the City, in setting the amount of the fees, can say what kind of classrooms will be used or how much will be spent. Mr. Hays advised that it would be difficult since the fees that are shown on the Districts financial report seem to represent reasonable costs for classrooms. Council Member Pugh stated that the City sets the fee based on an average. He asked what constraints there are on the districts on how they spend the money. Mr. Hays advised that the legislation allows them to utilize the funds as they determine the need. He added that these fees do not go into the general fund but are kept separately and the districts are re- quired to account for expenditures. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick finding that the Shasta Union High School District is overcrowded and referring the request back to staff for a more appro- priate fee level. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Pugh Absent: Council Members - Gard Resolution - Shasta Lake Union Elementary School District MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick that Resolution No. 85-l32 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Shasta Lake Union Elementary School District. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Pugh Absent: Council Members - Gard Resolution No. 85-l32 is on file in the office of the City Clerk. Resolution - Grant School District MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick that Resolution No. 85-l33 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Grant Elementary School District. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Pugh Absent: Council Members - Gard Resolution No. 85-l33 is on file in the office of the City Clerk. CONTINUED PUBLIC HEARING - re General Plan Amendment Application GPA-3-84, by E. W. Cook et al (G-030-0l0) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the continued public hearing re General Plan Amendment Application GPA-3-84, by E. W. Cook et al. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing 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 advised that, on June l7, l985, Council continued consideration of General Plan Amend- ment GPA-3-84 due to lack of a quorum. He reviewed his memorandum to Council dated June l3, l985. He stated that the Planning Commission has recommended approval of the request to amend the Redding General Plan on approximately 7.5 acres generally located 300 feet east of Eastside Road, 300 feet west of Bonnyview Avenue, and north of North Bonnyview Road, from "Low-Density Residential, 2.0 units per acre" to "Service Commercial." It is the recommendation of both the Commission and staff that GPA-3-84, be approved as outlined, that the negative declaration be ratified, the recommendation be approved, and that staff be instructed to prepare a resolution for consideration at a later date. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the following findings be made relative to GPA-3-84: 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 April 23, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving General Plan Amendment Application GPA-3-84, by E. W. Cook et al, as outlined and that staff be instructed to prepare a resolution for adoption at a later date. The Vote: Unanimous Ayes with Council Member Pugh abstaining CONTINUED PUBLIC HEARING - re Rezoning Application RZ-ll-85, by City of Redding (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-ll-85, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued Public Hearing 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 advised that, on June l7, l985, Council continued consideration of Rezoning Application RZ-ll-85, by City of Redding, due to lack of a quorum. He reviewed his memorandum to Council dated June l3, l985. He stated that the Planning Commission has recommended approval of the request to rezone property located on approximately 7.5 acres gen-erally located 300 feet east of Eastside Road, 300 feet west of Bonnyview Avenue, and north of North Bonnyview Road, from "U" Unclassified to "C6-Bl0" Limited Service Commercial District, with minimum lot sizes of l0,000 square feet. It is the recommendation of the Commission and staff that RZ-ll-84 be approved as outlined, that the negative declaration be ratified and that staff be directed to prepare an ordinance for first reading after the General Plan Amendment (GPA-3-84) is implemented. 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 MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Council make the following findings re Rezoning Applica- tion RZ-ll-85: 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 Adminis-trative Review on May l, l985. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Demsher, seconded by Council Member Fulton approving Rezoning Application RZ-ll-85, by City of Redding and instructing staff to prepare an ordinance for first reading following the implementation of General Plan Amendment Application GPA-3-84. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re General Plan Amendment Application GPA-5-85, by Jim Graves and the City of Redding (G-030-0l0) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-5-85, by Jim Graves and City of Redding. 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 June 27, l985 The City Clerk advised that a written protest has been received from Donald and LaDonna Cluff and read the letter for the record. Senior Planner Keaney reviewed the Planning Director's memorandum to Council dated June 27, l985. He stated that the Planning Commission has recommended approval of GPA-5-85 to amend the Redding General Plan for l70 acres located north of Oasis Road and east of Interstate Highway 5. Maps of the area were shown on the Vu Graph and Council was given a copy of a traffic analysis and sewer-capacity analysis for the area. Mr. Keaney advised that GPA-5-85 was initiated by Jim Grave requesting to amend the General Plan on approximately 25 acres, 600 feet north of Oasis Road on the east side of Twin View Boulevard from "Residential, 0.2 units per acre" to "Residential, 6.0 units per acre." He advised that the area was expanded by the Commission from 50 acres to l70 acres to include all the area within the City limits north of Oasis Road and east of Interstate 5. Mr. Keaney reported that the Board of Administrative Review, on May 22, l985, found that EIR-4-79, with the traffic-analysis addendum, adequately addressed the environmental impacts of the General Plan amendment. Environmental Impact Report EIR-4-79 was prepared for the Upper Churn Creek General Plan Amendment (GPA-3-79), which was adopted in l979. It is the recommendation of the Commission and staff that Council approve GPA-5-85, as depicted on the map entitled Planning Commission Recommendation, that Council find that EIR-4-79 with the traffic-- analysis addendum adequately addressed GPA-5-85, and that staff be directed to prepare a resolution for adoption at a later date. Donald Cluff, P. O. Box 4l7, Summit City, said he and his Ex-wife Ladonna, 2l27 Montana Avenue, Central Valley, own property in the northeast corner of this area. He contended that the development of sewer collection lines for this type of development would be very expensive and he does not feel it would be possible. Mr. Cluff said they purchased their land for commercial use and believe the area on the east side of Salt Creek bordered by Twin View Blvd, should remain commercial. John Roach, representing the owner of the property on the west side of Twin View Boulevard in the north corner of the amendment area, stated there is an application for the International Truck Company to put in a sales and service facility on the property. He asked that this property be designated Service Commercial which would allow this use. He felt this would be a reasonable use of the property because the traffic along I-5 would not bother this type of business and would not make a great demand on the sewer capacity. Ron Munk, representing International Harvester, said they would like to put in a facility on the property referred to by Mr. Roach. He noted that there are large underground and overhead utility lines in the area which would not be compatible with some types of developments allowed in the Highway Commercial district. Karen Rhoads, 2485 Miranda Way, said she felt the plan was very good and that a lot of planning and thought when into the recommendation. She recommended approval of the plan and felt that commercial is the highest and best use of the property. Eihnard Diaz, of Sharrah Dunlap and Associates, represents the appli- cant, Mr. Graves. He said their only concern is that the property to the north not delay their going forward with their portion of the General Plan Amendment. MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Mayor Kirkpatrick regarding the utility easements, Mr. Perry advised that staff is not aware of all the easements involved. Council Member Demsher said he sees no reason to change the recommen- dation of the Planning Commission. MOTION: Made by Council Member Demsher that GPA-5-85 be approved as recommended by the Planning Commission. Council Member Fulton asked if Mr. Demsher would agree to amending his motion to change the area northeast of Twin View Blvd. to Service Commercial. Mr. Demsher replied that he would not. This motion died for lack of a second. Mayor Kirkpatrick said he has some questions about power lines that have not been considered. Some discussion ensued about separating the plan area. It was deter- mined that the decision on this matter could be delayed to July l5, l985, in order to address the power line situation and the traffic situation in light of a possible annexation in the area. MOTION: Made by Council Member Kirkpatrick, seconded by Council Member Fulton that the decision on General Plan Amendment Application GPA-5-85, by Jim Graves, be continued to July l5, l985. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-l3-85, by Mt. Lassen Machinery (L-0l0-230) The hour of 7:30 P.M., having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-l3-85. 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 June 27, 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 June 27, l985. He stated that the Planning Commission has recommended the rezoning of property located at 3l00 South Street from "R-2" Duplex Residential District to "U" Unclas- sified District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Commission and staff that the property be zoned to "U" Unclassified District, that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Demsher, seconded by Council Member Fulton that Rezoning Application RZ-l3-85 be approved and making the following findings: 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 Adminis-trative Review on May 22, l985. The Vote: Unanimous Ayes Council Member Fulton offered Ordinance No. l736 for first reading, 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-l3-85). ADJOURNMENT There being no further business, at the hour of 9:50 P.M., Mayor Kirkpatrick declared the meeting adjourned. APPROVED: __________________________________ Mayor ATTEST: ____________________________________ City Clerk