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HomeMy WebLinkAboutMinutes - City Council - 1983-02-22 41 • City Council , Regular Meeting Police Dept. & Council Chambers Redding, California February 22, 1983 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 Ed Wilkins, First Baptist Church. The meeting was called to order by Mayor Gard with the following Council • Members present: Demsher, Fulton, Kirkpatrick, Pugh, and Gard. Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness , Planning and Community Development Director Perry, Direc- tor of Parks and Recreation Riley, Housing & Redevelopment Administrator Henson, Superintendent of General Services Townsend, Associate Civil Engineer Hastings, Senior Associate Planner Keaney, Supervisor of Computer Operations Kelley, 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 7 , 1983 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 16 , check nos. 89355 through 89540 inclusive, in the amount of $780,352.25, be approved and paid, and Payroll Register No. 17 , check nos. 171497 through 172069 inclusive, in the amount of $425 ,808.62, for the period January 30, 1983, through February 12, 1983, be approved. Total : $1 ,206,160.87 Treasurer' s Report - December 31 , 1982 Showing Treasurer's Total Accountability to be $12,004,873.62 Claims for Damage and Personal Injury - 1st Hearing Carolyn F. Inquanti - Claim for Damages filed 2/9/83 Recommend payment in the amount of $130 I'd Patrick Kennedy - Claim for Damages filed 1/28/83 Recommend payment in the amount of $45 /;a), John Farrell Hoeflich - Claim for Damages filed 2/10/83 Recommend denial and refer to Insurance Carrier Award of Bid - Aluminum Light Standards City Manager recommends that Bid Schedule No. 1426, aluminum light - standards , be awarded to Shasta Wholesale Electric in the amount of $11 ,414.61 . Request for Purchase - Used Vehicle for Special Promotion Function City Manager recommends that pursuant to Code Section 4.20.080 of the Redding Municipal Code, Council authorize the purchase of one used /v ?s vehicle from the Hertz Corporation not to exceed $7 ,200, including sales tax and license. Set Public Hearing - General Plan Amendment GPA-1-83 Planning Director recommends that a public hearing be set for 7:30 P.M. , March 7 , 1983, to consider General Plan Amendment GPA-1-83, by , W. Jaxon Baker and the City of Redding. 2/22/83 • 42 Set Public Hearing - Rezoning Application RZ-1-83 Planning Director recommends that a public hearing be set for 7:30 /V P.M. , March 7 , 1983, to consider Rezoning Application RZ-1-83, by City 77 of Redding. Set Public Hearing - Planned Development Application PD-16-80 Planning Director recommends that a public hearing be set for 7:30 P.M. , March 7, 1983, to consider Planned Development Application /1/1/ PD-16-80, by John Frank. Set Public Hearing - Development Agreement for Mervyn' s Planning Director recommends that a public hearing be set for 7:30 P.M. , March 7, 1983, to consider the Development Agreement between i Mervyn's and the City of Redding. Annexation Request No. 83-1 - by Chuck Rhoads Planning Director recommends that Annexation Request No. 83-1 , by Chuck Rhoads, be approved in concept and referred to staff to prepare 4 the necessary resolutions and for environmental review. Notice of Completion - North Redding and Mary Street Lift Station Improvements Public Works Director recommends that Bid Schedule No. 1363 , City of Redding North Redding and Mary Street Lift Station Improvements, be ,2171 accepted as satisfactorily completed and instructing the City Clerk to file a Notice of Completion. Lease Agreement - Alton 0. Chatham City Attorney recommends approval of a one-year extension of an agreement in which Mr. Chatham has grazed his cattle on City-owned property near the sewage treatment plant for several years; the terms �� of said agreement remain the same. Resolution No. 83-28 - Assessment Split, Mountain Lakes Industrial Park City Attorney recommends that Resolution No. 83-28 be adopted, a resolution of the City Council of the City of Redding confirming a L5-36'h division of land and bond for assessment Nos. 2-D-1-1 and 2-D-1 -2 in Mountain Lakes Industrial Park, Unit No. 3 Assessment District. Resolution No. 83-29 - Commencement of Abatement Proceedings, 3054 School Street City Attorney recommends that Resolution No. 83-29 be adopted, a resolution of the City Council of the City of Redding of intention to 3,1 5 begin legal proceedings of abatement under Chapter 9.36 of the Redding Municipal Code on certain real property in the City of Redding (owned by Ruth Ann Hoheisel , Eve Suzette Brown and Kaye Arlette Gama, located at 3054 School Street) . Resolution No. 83-30 - Account and Cost of Abatement, 1122 Willis St. City Attorney recommends that Resolution No. 83-30 be adopted, a resolution of the City Council of the City of Redding approving and _3;?_5 confirming report and account of cost of abatement of unsafe buildings and debris on the Reed Property, 112.2 Willis Street. Transfer of Ownership - Ramrod Card Room City Clerk and Chief of Police recommend approval of a Card Room Permit Application received from Charles Rodger Bays, who recently 7 purchased the Ramrod Card Room. All City requirements have been complied with. 2/22/83 43 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 83-28, 83-29, and 83-30 are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS National Arbor Day Foundation - Tree City USA Award A letter was received from the National Arbor Day Foundation congratu- lating the City of Redding for again being designated as a Tree City USA for 1982. The letter said the National Arbor Day Foundation is very pleased that Redding is making this vital continuing effort to // plant new trees and care for existing trees, and is equally pleased to '7 �� renew the City' s Tree City USA designation. They advised that presen- tation of the awards will be coordinated with the State Forester' s office. Mayor Gard said everybody involved with the City is proud of the Tree City USA award and she will look forward to receiving it again this year at the Arbor Day ceremonies. Old City Hall Gallery - Request to Dedicate Rooms A letter was received from Lucille Wysuph from the North Valley Art League, requesting Council approval to dedicate two southwest rooms of the Old City Hall to the memory of Barbara Snow, late wife of Harold Snow, retired Police Captain. She advised that both Barbara and Harold were most responsible for the refurbishing and improvement of the inside of the old edifice, which in turn has helped to develop the / great public interest shown in the Gallery. Mrs. Wysuph stated that March 6, 1983, from 1 :00 P.M. to 4:00 P.M. has been selected for the dedication if Council authorizes the memorial . She also invited the Mayor and Council members to participate, with the Mayor making the dedication. MOTION: Made by Councilman Fulton, seconded by Councilman Demsher approving the request from the North Valley Art League to dedicate the two southwest rooms of the Old City Hall to the memory of Barbara Snow, said dedication to continue as long as the North Valley Art League continues to lease the facility. The Vote: Unanimous Ayes Thank You Letter From Mr. & Mrs. David Adams - City Sanitation Dept. The following letter was received from Mr. & Mrs. David Adams , 1111 Fifth Street, Redding, CA: City Council : We've been meaning to write this for the last few years but we've been lax. We want to compliment the City Sanitation Department on the %� a excellent work they do. They have a job that no one wants to do. But they empty all our cans, never leave a mess. They' re here before we get up in the morning but we never hear them. This is a big improve- ment over what we had before our area was annexed. We feel you should know what excellent employees the Sanitation Department has. However, can you pass the word down to the people that work our area to let the employees know that we appreciate what they do? 2/22/83 44 Councilman Kirkpatrick noted that some Sanitation Department employees are in the audience and agreed that they do a good job and that they are not complimented as much as they should be. Mayor Gard asked that Mr. & Mrs. Adams' letter be put on employee bulletin boards. CALEXICO DRIVE STREET ASSESSMENT DISTRICT NO. 1983-4 Special Bond Counsel Sperry submitted the following documents for filing and adoption: Petition Certificate re Petition Resolution - Accepting Petition MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-31 be adopted, a resolution of the City Council of the City of Redding accepting petition in Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-31 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-32 be adopted, a resolution of the City Council of the City of Redding approving the Boundary Map in Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-32 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-33 be adopted, a resolution of the City Council of the City of Redding approving the Agreement for Legal Services in Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-33 is on file in the office of the City Clerk. Resolution - of Intention to Order Improvements MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-34 be adopted, a resolution of the City Council of the City of Redding of intention to order improvements in Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None 2/22/83 45 Resolution No. 83-34 is on file in the office of the City Clerk. Engineer' s Report Resolution - Accepting Report and Setting Hearing MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-35 be adopted, a resolution of the City Council of the City of Redding accepting report and setting public hearing for 7:30 P.M. , • April 4, 1983, for Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-35 is on file in the office of the City Clerk. Resolution - Calling for Construction Bids MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-36 be adopted, a resolution of the City Council of the City of Redding calling for construction bids for Calexico Drive Street Assessment District No. 1983-4. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-36 is on file in the office of the City Clerk. Notice of Improvement Notice Inviting Sealed Bids ORDINANCES - Shell 3 Financing MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that the full reading of Ordinance Numbers 1619, 1620, and 1621 , be waived and that the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1619 be adopted, an ordinance of the City Council of the City of Redding authorizing the issuance of public power revenue bonds by6A Northern California Power Agency (Geothermal Generating Project Number 3). / �� Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1619 is on file in the office of the City Clerk. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1620 be adopted, an ordinance of the City Council of the City of Redding authorizing the issuance of notes by Northern California Power Agency (Geothermal Generating Project Number 3) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1620 is on file in the office of the City Clerk. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1621 be adopted, an ordinance of the City Council of the City • 2/22/83 �_ 46 of Redding authorizing the issuance of public power revenue refunding bonds by Northern California Power Agency. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1621 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-17-82 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the full reading of Ordinance No. 1622 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Ordinance No. 1622 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-17-82). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None • Ordinance No. 1622 is on file in the office of the City Clerk. • SET PUBLIC HEARING - General Plan Amendment GPA-5-81 Council Member Pugh and Mayor Gard abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that a public hearing be set for 7:30 P.M. , April 4, 1983, to consider General Plan Amendment GPA-5-81 , by Brent Owen and the City of Redding. /L/6 Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh and Gard RESOLUTION - re Lot Line Adjustment LS-3-83, by PACE Engineering Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-37 be adopted, a resolution of the City Council of the City of Redding waiving the requirement of a parcel map for Lot Split dA Application No. LS-3-83. i� Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh Resolution No. 83-37 is on file in the office of the City Clerk. AMENDMENT TO "A" AGRICULTURAL COMBINING DISTRICT Planning and Community Development Director Perry stated that following the public hearing on February 7, 1983, concerning amendment of the "A" District, the Council directed staff to prepare an ordinance to amend the district as follows: 1 . Allow reduction of the minimum area to be zoned to ten acres, subject to certain provisions. 2. Reduce minimum parcels to 32,000 square feet, provided the average parcel size is not less than 36,000 square feet. • 2/22/83 47 3. Establish a procedure to allow temporary 4-H projects as either a permitted or permit-type use. 4. Amend the ordinance to allow three large animals on an acre rather than two. Mr. Perry advised that the first three items had previously been referred to the Planning Commission; however, increasing the number of large animals was not. He said that since this is a zoning matter, it is the recommenda- tion of staff that increasing the number of permitted animals be referred to the Planning Commission for report and recommendation. Councilman Kirkpatrick expressed concern with reducing parcel sizes to 32,000 square feet; however, he does not see a problem with allowing 4-H projects. He would like to see these two issues dealt with separately. Mayor Gard indicated that she did not recall Council saying they wished to allow three large animals on an acre rather than two. Councilman Pugh stated that the terminology he used in his motion was "small animals" . However, after speaking with Mr. Perry, he realized that animals such as sheep and goats are technically large animals along with cows and horses, according to the Code. He suggested that possibly a redefinition of large and small animals is necessary. Mayor Gard said it was her intention to allow two large animals on an acre so that newly annexed areas which had agricultural uses, would not become non-conforming. She suggested that for a temporary use, such as 4-H, another large animal could be allowed by permit. Councilman Pugh felt that the limits on parcel size are important, espe- cially to undeveloped property; however, he is concerned about protecting existing development. Councilman Kirkpatrick felt that the 32,000 square foot limitation may have the affect of increasing the number of non-conforming uses. He is in favor of maintaining the one acre minimum parcel size. Mr. Kirkpatrick stressed that the Alta Campo situation has been resolved, but by reducing parcel size this will create more problems. He reiterated that he would like to consider the parcel size issue separately from the animal issue. In response to an inquiry from Mayor Gard, Councilman Pugh said he agrees with the Planning Director' s assessment of Council ' s motion, with the redefinition of small animals. Mr. Pugh emphasized, however, that he does not intend to recommend three cows or horses on one acre parcels. Council reviewed the four points listed in the Planning Director's memorandum for areas of disagreement. Point No. 1 - re Minimum Area All Council Members were in agreement with this point. Point No. 2 - re Minimum Parcel Size Councilman Kirkpatrick was opposed to the 32,000 square foot minimum parcel size and would like to continue with the one acre minimum. Councilman Pugh said that after discussing this with Mr. Perry, he tends to agree with the one acre parcel size. Mayor Gard said she is in favor of Point No. 2. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Point No. 2 be eliminated and that one acre minimum parcel sizes remain in effect in the Agricultural District. 2/22/83 48 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - None Point Nos. 3 and 4 - re Temporary 4-H Projects, and Number of Large Animals Allowed Councilman Kirkpatrick agreed that a procedure should be established to allow temporary 4-H projects as either a permitted or permit-type use. Councilman Demsher said he agrees in philosophy but does not feel that the City can set up a class of people who have a special privilege. Mr. Demsher stated he would be in favor of eliminating Point No. 3. He emphasized that he is not opposed to 4-H but feels it is not fair to everyone and is bad public policy. Councilman Pugh felt that if Council restructures the definition of "animals" , that would solve the 4-H issues. Council Members Kirkpatrick and Gard concurred that 4-H projects are considered temporary uses and perhaps this would be a good word to use rather than to specifically name 4-H projects. Mr. Perry suggested that Council refer to the Planning Commission the possibility of breaking the animal classifications into three categories. Mr. Demsher said he would like to ask staff to recommend a procedure allowing temporary uses. MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Point Nos. 3 and 4 be referred back to the Planning Commission, changing the reference to 4-H projects to allow any temporary uses, and to redefine the animal size categories. The Vote: Unanimous Ayes PUBLIC HEARING - re Victor Avenue and Other Streets Sewer Assessment District No. 1982-5 The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. The following documents are on file in the office of the City Clerk: Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement 1,0 Affidavit of Publication - Notice of Improvement Certificate of Filing - Boundary Map Affidavit of Publication - Notice Inviting Sealed Bids The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Special Bond Counsel Sperry recommended that Council continue these proceedings until March 7, 1983, to allow additional parties to be involved in the Assessment District. Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 83-38 be adopted, a resolution of the City Council of the City of Redding continuing hearing and consideration of all matters re Victor Avenue and Other Streets Sewer Assessment District No. 1982-5, to 7:30 P.M. , March 7 , 1983. 2/22/83 49 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-38 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application RZ-18-82, by the City of Redding The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-18-82, by City of Redding. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing Affidavit of Mailing - Notice of Public Hearing Planning Commission Recommendation dated February 17, 1983 The City Clerk advised that no written protests have been received. (/(/ Planning and Community Development Director Perry reviewed his memorandum to Council dated February 17, 1983. He stated that the Planning Commission has recommended rezoning of property generally located north of Terrace Drive, east of Bechelli Lane, west of Inter- state 5, and south of and including the properties on the north side of 5th Street from "U" Unclassified District to "R-1" Single-Family Residential District, "RM-9" Medium-Low Density Multiple-Family Residential District, "RM-12" Medium Density Multiple-Family Resi- dential District, and "RM-18" Medium-High Density Multiple-Family Residential District. A map of the area was shown on the Vu Graph and a draft negative declaration was submitted to Council . It is the recommendation of both the Commission and staff that the rezoning be approved as depicted, that the negative declaration be ratified, and an ordinance be offered for first reading. John Burnett, 3530 Ricardo Avenue, stated he has submitted a petition containing three signatures, requesting that their properties near Ricardo and Layton Road, be zoned for multiple family residential . He felt that if this area is not zoned for multiple, it would constitute spot zoning. Mr. Burnett explained that according to the General Plan, this area is designated as multiple and therefore he did not question it until this time. He said that the property behind, beside, and across the street are being zoned to multiple, and it seems proper that his properties should be zoned to be compatible with the surrounding areas. John Cerro, 3550 Ricardo, stated he and his nextdoor neighbor are opposed to multiple zoning in the area referred to by Mr. Burnett. Mary Smith, 1105 Third Street, said that Third Street, Second Street, and Layton Road from "C" Street to Bechelli have been a race track. She emphasized that no more homes or apartments should be allowed in this area until something is done to widen these streets and sidewalks are installed. Mrs. Smith is opposed to multiple zoning. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Mayor Gard, Mr. Perry advised that 7 probably only one duplex could be put on each 6,000 sq. ft. lot referred to by Mr. Burnett, without combining two parcels. 1 2/22/83 50 Councilman Demsher noted that most of the properties in the RM-9 District as depicted on the proposed zoning map, are already devel- oped. Mr. Perry concurred that for the most part, the area is de- veloped. In response to an inquiry from Councilman Demsher, Mr. Perry estimated that not more than 30 additional dwellings for the entire area would result from the proposed rezoning. He also indicated that the multiple units are almost entirely built out. Councilman Demsher agreed that the traffic problem is a very serious issue with Layton Road being such a narrow road. Mr. Perry indicated that the area between Layton Road and Estates Drive has very little property that is not already developed. Mayor Gard noted that the proposed zoning actually reflects what is already there, for the most part. Mr. Kirkpatrick commented that the streets were installed before the apartments were built. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-18-82, by City of Redding: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. 3. Project is compatible with surrounding land use. 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the negative declaration approved by the Board of Administrative Review on January 5, 1983. The Vote: Unanimous Ayes r MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the recommendation of the Planning Commission and staff regarding Rezoning Application RZ-18-82, by City of Redding. The Vote: Unanimous Ayes Councilman Kirkpatrick offered Ordinance No. 1623 for first reading, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-18-82) . PUBLIC HEARINGS Councilman Kirkpatrick requested that Items 6-3 and 6-4 on the Agenda, regarding the appeal of Use Permit UP-200-82 (Mervyn' s) , by Mervyn's and the Santa Ana Valley Irrigation Company, be combined into a joint public hearing. ii City Attorney Hays advised that the subject matter lends itself to consoli- dation, with the consent of all parties involved. Representatives from both Mervyn' s and Santa Ana Valley Irrigation Company (SAVI) indicated that they had no objection to combining the two public hearings. PUBLIC HEARING - re Appeal of Use Permit UP-200-82 (Mervyn' s) , by Mervyn's and Santa Ana Valley Irrigation Company Councilman Pugh abstained from voting and discussion on this matter. 2/22/83 51 The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re the appeal of Use Permit UP-200-82 (Mervyn' s) , by Mervyn's and by Santa Ana Valley Irrigation Company. The following documents are on file in the office of the City Clerk: Affidavits of Publication - Notice of Public Hearing Affidavits of Mailing - Notice of Public Hearing The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randums to Council dated February 18, 1983, which are hereby made a part of these records by reference. He stated that the Planning Commission approved Use Permit UP-200-82 , granting Mervyn' s and Cypress Properties permission to construct a 60,000 square foot department store and a 5,000 square foot commercial building on property located at 1755 Hilltop Drive. He noted that previously the Planning Commission certified that Final Environmental Impact Report , '�/ EIR-3-79 adequately addressed the environmental impacts of the project. Mr. Perry explained that subsequent to the Commission' s approval , the applicant appealed two of the conditions of approval . These condi- tions are numbers 16(e) and 18, which pertain to assuming the Redding Redevelopment Agency's share of the Canby overcrossing for the parcel and obtaining off-site drainage easement(s) . A map of the area was shown on the Vu Graph. Mr. Perry reported that the contention of Mervyn' s is that the over- crossing provides benefit greater than what the abutting property owners will obtain in the sense that it will also serve the City's overall traffic network. Thus , Mr. Perry stated , while Mervyn's is willing to contribute what it considers to be a fair contribution to the overcrossing, it does not feel it should accept what it feels is rightfully the public sector's obligation. Mr. Perry stated that the position staff has taken is that until the County ends its efforts to block the City' s only potential means of financing the public sector's participation in the overcrossing, the City cannot assume the obligation. He indicated that the City has already spent many thousands of dollars for road and drainage improve- ments and for purchasing property to help accomplish the overcrossing. With respect to Condition No. 18, Mr. Perry stated that Mervyn's has requested that it be able to utilize the City' s power of eminent domain to acquire storm-drain easement(s) , subject to Mervyn' s being responsible for all associated costs. As worded, Mervyn' s could be delayed or forced to acquire such easement(s) at a prohibitive price. Mr. Perry indicated that staff has no objection to this request. It is the recommendation of staff that with respect to the appeal by Mervyn ' s, the appeal of Condition No. 16(e) be denied for the reasons outlined and that Condition No. 18 be modified as requested by the applicant. In regard to the appeal by the Santa Ana Valley Irrigation Company, Mr. Perry stated that this appeal is by the property owner located on the north side of Dana Drive and east of Canby Road. Mr. Perryadvised that in his a appeal , Mr. Bandell , the attorney for SAVI Company, appealed Condition Numbers 3, 16b, 16d, 16e and 17 and ( 2/22/83 52 asked that they be referred back to the Planning Commission. The appealed conditions generally cover the following areas: 3. Percentage of landscaping. 16b. Contribution of $81 ,150 towards the construction of the Churn Creek Overcrossing. 16d. Contribution of $15,000 toward construction of Mistletoe Lane. 16e. Participation in an assessment district for the construction of the Churn Creek Overcrossing based on assumption of the Redding Redevelopment Agency' s pro-rata share of the project of $62,000 plus five percent per year for the first three years. 17. The requirement for Mervyn's and the City to formalize the use permit in a development agreement. Mr. Perry explained that in a follow-up letter on the appeal , the attorney for SAVI Company states that the basis for the appeal is that the appealed conditions are based on erroneous data not reviewed by the public at a public hearing nor by the Planning Commission. It is his contention that consideration of the use permit should not have occurred without public scrutiny of the cost estimates. Mr. Perry reviewed the statements made by the appellant, in support of his thesis. In summary, Mr. Perry reported that the interest of the SAVI Company in appealing Mervyn' s is. to attempt to establish fixed and equal assessments for all property owners that would obtain a benefit from construction of the Overcrossing, regardless of location , thereby obtaining a direct benefit by increasing Mervyn' s potential contribution and reducing SAVI ' s potential contribution. Mr. Perry explained that the net effect of the appeal , if upheld, would be to delay Mervyn' s, to extend Mervyn's beyond their option period for the property, and to potentially increase the off-site contributions to a level where the project may be dropped. Mr. Perry continued to state that in regard to the use of the Assess- ment District Study prepared by staff, the study was prepared to determine the cost of the Overcrossing; to determine the RRA share in the project; to encourage formation of an assessment district; to allow staff to respond to applications from owners in the area; to develop in staff an understanding of levels of benefits from the Overcrossing; and, to enable staff to look at development agreements. He also indicated that in the updated version of the Study, it added a ten-percent annual inflation rate to the cost estimates over a four- year period. The Study was used since it is a pertinent document to qualify level of benefit. Mr. Perry also noted that in the past, SAVI has taken the position that the Overcrossing was not necessary for the development of their property; however, in their appeal they recognize its need. With respect to the previous use permit for the property, UP-237-78, Mr. Perry stated that the Mervyn' s project constitutes approximately 32 percent of that site or 7 acres out of 22 acres, and conditions were adjusted accordingly. He noted that because of Mervyn' s lack of frontage on the future extension of Churn Creek Road, it is only being required to contribute a portion toward the extension, and storm-drain improvements. } 2/22/83 53 Mr. Perry continued to state that the SAVI Company, like other property owners in the area , has the power to finalize their contribution to the overcrossing through formation of an assessment district; however, until the litigation impass over the Redevelopment Project is resolved, this is unlikely, due to having to obligate themselves to cover the 2.5 to 3 million dollars that the Redevelop- ment Project was intended to address. In regard to the landscaping requirement, Mr. Perry stated that the approved site plan has landscaping on 9.2 percent of its area. He explained that the difference between the Mervyn' s and the SAVI property is the amount of street frontage. It was also understood with SAVI , Mr. Perry said, that the area between the back of the sidewalk and the property line would be counted towards meeting the landscaping requirement. Mervyn' s , on the other hand, will be developing a ten foot wide sidewalk rather than a four foot wide sidewalk. It is the recommendation of staff that the SAVI Company appeal be denied. He noted that the net effect of referring the permit back to the Planning Commission can and could have been accomplished by petitioning to form an assessment district. Mr. Robert Freeman, Manager of Site Planning for Mervyn' s, said he has worked with many cities but has never found a more professional staff than at the City of Redding. He said Mr. Perry and City Attorney Hays have been most helpful . Mr. Freeman said that when Mervyn' s looked at Redding as a possible location it was determined that there was a traffic problem on Hilltop Drive. He indicated that Mervyn' s feels it should pay fair and reasonable costs to accomplish the necessary improvements for the site. However, the Redevelopment Agency' s share of $62 ,000 was not included in the initial figures. He felt that the Redevelopment Project will benefit not just adjoining properties but the City as a whole. Mr. Freeman said Mervyn's is obligated for storm drain im- provements, a share of the Overcrossing, a traffic signal on Hilltop, as well as other improvements for a total of $219,115. He indicated that with the additional $62,000 for the RRA share at 5% for three years ($72,000) , this would total approximately $42,000 per acre which is four times what they pay on the average development. Mr. Freeman emphasized that when the original figures were presented, Mervyn' s was waivering on whether or not to come to Redding and he feels that the additional $62 ,000 may make the project unfeasible. Mr. Freeman indicated that the proposed Mervyn's store would employ from 175 to 300 people, anticipates $10 million in annual sales, and has a very generous community pay-back program wherein z of 1% of their profits each year are donated to various community programs. Leonard Bandell , attorney representing SAVI Company, said he would like to ask the City Attorney and City Clerk if- his letters and transcripts will be made a part of this record. The City Attorney advised that they will be. 11 Mr. Bandell questioned Mr. Perry' s statement that .the landscaping requirement of 15% for the SAVI ' s project is equivalent to the 5% for Mervyn' s. Mr. Perry pointed out that the end result is the same 3 because the actual percentage for SAVI is closer to 10% plus another 5% for sidewalks which was not included in the Mervyn' s project. S 1 J1 2/22/83 1 54 Mr. Bandell stated that the Planning Commission and staff have indi - cated that the Highway 44/Hilltop Drive intersection is overburdened or close to overburdened. He said his client does not object to Mervyn's proceeding forward but it does want traffic impacts miti- gated. He questioned the adequacy of Mervyn 's contribution. Mr. Bandell emphasized that the Planning Commission had grave concerns about whether they should be considering the matter of site improve- ment costs. He said they were deferring to Council the question of whether the calculations were correct. Mr. Bandell felt it would have been extremely helpful for the Planning Commission to have the Assess- ment District Study before them and to have it available for public scrutiny. He felt that the Planning Commission and Council should be given as many documents as possible to help them make their decisions. He emphasized that the potential for extreme negative consequences are great. Mr. Bandell stressed that SAVI may not be able to develop its property if this appeal is denied. He felt that Council should be very con- cerned about this because if SAVI and others cannot develop because of excessive costs, there will be no Overcrossing. He emphasized that unless the City Council is certain that the Planning Commission did determine appropriately that Mervyn's contributions would mitigate the impacts, Council should refer the matter back to the Planning Commis- sion with the appropriate documentation to make an appropriate deci- sion. Mr. Bandell said there is the further possibility that if no other contributions are made in the area, Mervyn' s and Cypress Properties sometime in the future would have the right to demand the return of this money. Mr. Bandell again emphasized that the Assessment District Study should be scrutinized by the public, the Planning Commission, and the City Council . He said it should be used to aid the decision makers. He also stressed that the October, 1981 report was prepared after the plan line and the RRA proceedings were determined. Mr. Bandell noted that it is mentioned in the staff report, that Mervyn' s contribution is not being proposed in as high an amount as others because they do not front on Churn Creek Road. He said at the time the previous use permit was approved for the entire property, the project was to front on Churn Creek Road and the same costs were imposed. Mr. Bandell stated that Mr. Perry has indicated that the total contributions for Mervyn' s was $21 ,000 per acre, plus the the Redevelopment share, for a total of up to $40,000 per acre. He emphasized that the assessments to SAVI would far exceed $40,000 per acre. He questioned whether the City Council has sufficient data to confirm the decision of the Planning Commission and staff. He said Council needs to be as certain as possible before it accepts the representation that several hundred jobs will be lost. John Hoffman, attorney with Elmer, Burke, and Cassidy, representing Mervyn's , said they want to pay their fair share of the Overcrossing, but they are not and should not be required to pay at the same rate as SAVI. He emphasized that the main purpose of the Overcrossing is to divert some of the traffic on Hilltop Drive to Canby Road. He felt this traffic will be deposited on the doorstep of the SAVI property. Mr. Hoffman stated that the benefit to them is nowhere near as direct or substantial since they are a considerable distance away from Canby Drive. He said the 6:3:1 benefit ratio offered in the Assessment District study is proper. 2/22/83 55 Mr. Hoffman said that in Mr. Bandell ' s letter of appeal he states that Hilltop is nearly at capacity now and an additional 10,000 to 11 ,000 vehicle trips per day will be generated by Mervyn' s project. He said according to the Hilltop traffic study, this is not true and that Mervyn's will generate only about 6,200 additional vehicle trips per day which makes a considerable difference when calculating impact. Mr. Freeman indicated that Mervyn' s option on the property expires on • March 24, 1983. He said they cannot close on the property until the Development Agreement is approved and finalized on March 21 . He emphasized that any delays at this point would cause them to lose their option. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes Councilman Fulton said in his mind he is not sure what Mervyn's considers their fair share in dollars. Mr. Perry explained that $80,150 was their initial share of the Overcrossing. Staff and the Planning Commission have recommended that $62,000 to $70,000 be added to that amount if the Redding Redevelopment Agency project does not become a fact. Councilman Fulton asked if it is correct that if the RRA suit is decided in favor of the City, the second assessment will not be required. Mr. Perry said that is correct. Councilman Demsher said if the RRA does not become a fact, there is no other source for the money other than charging Mervyn' s this addi- tional assessment. He said the City is left with little choice. He felt the people who cause the impact need to help defray the impacts. It would be a much simpler problem if the RRA project was not stalled, he said. Councilman Kirkpatrick stated he does not believe it is the City's fault that Mervyn's must be charged for the RRA share of the Over- crossing, and in some ways this appeal should be directed to the Board of Supervisors. He pointed out that the City is still trying vigor- ously to resolve the issue with the County but is having a hard time getting a response from them. Mayor Gard stated that the City identified the flooding and drainage problems. She added that the RRA project was stopped because of the law suit filed by the County. She emphasized that $3 million of the Agency' s share of project costs now must be paid for in some way. Mayor Gard felt that the City has no choice but to assess Mervyn' s for a portion of the RRA share. She emphasized that she feels very knowledgeable on the matter and feels very comfortable about making a decision. In response to an inquiry from Mayor Gard regarding the use of the Assessment District Study by staff, City Attorney Hays advised that staff utilizes many such studies to make judgments and he does not feel it was inappropriate in this case. Mayor Gard said she was present during the Planning Commission meetings and heard the Commissioners' agonizing, but she felt quite comfortable as they came to a decision. 2/22/83 56 Councilman Fulton asked if there is any possibility that in the event that the judgment is against us and the RRA funds are not available, that the Overcrossing would not be required. He felt the Overcrossing is the one main problem with the Mervyn's development. Mr. Perry explained that if the City wants development to occur north of Highway 44, plus other areas of the City, it is imperative that the Overcrossing be constructed. Councilman Fulton asked about the use of Victor Avenue to defray some of the traffic from these projects. Mr. Perry stated there will be more commercial development in this area than in the entire downtown and that Victor Avenue is too far to the east to be a logical destina- tion for a great many people. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the appeal of Condition No. 16e of Use Permit UP-200-82 (Mervyn' s) , by Mervyn's, be denied, and that Condition No. 18 be modified as follows: Add a second sentence as follows: "In the event the owner is unable to obtain storm-drain ease- ments(s) upon satisfactory terms and conditions , then subject to the concurrence of the City Council , the City will use its power of eminent domain to obtain the necessary easement(s) , with the owner responsible for paying all costs." The Vote: Unanimous Ayes with Councilman Pugh abstaining MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the appeal of Use Permit UP-200-82 (Mervyn' s) , by Santa Ana Valley Irrigation Company, be denied. The Vote: Unanimous Ayes with Councilman Pugh abstaining CITY PARTICIPATION IN NORTH BOULDER DRIVE IMPROVEMENTS Councilman Pugh abstained from voting and discussion on this matter. Public Works Director Arness reviewed his memorandum to Council dated February 17 , 1983. He stated that as a condition of approval for the proposed development of the Water Slide, which is to be located on the property north of East Lake Boulevard and east of North Boulder Drive, the owner was required to make certain improvements to the existing North Boulder Drive roadway both as to horizontal alignment and the geometric section of the road. Mr. Arness noted that upon making these roadway improvements , the road is to be dedicated to the City for maintenance and E r f operation. (j, Mr. Arness explained that the developer, Ken Knighten, has agreed to realign and reconstruct the roadway to conform to present day design standards. This realignment will result in moving North Boulder Drive easterly to provide a better intersection with East Lake Boulevard and will also better serve the future intersection of East Lake Boulevard and Hilltop Drive. Mr. Arness advised that the developer has requested that the City participate in the work on this roadway by installing the neces- sary bridge railings and guardrail on the approaches to the new bridge. Mr. Arness stated that $10,000 has been requested for this participation in the 1983-84 budget submittals; however, the developer has informed us that the road work will be completed prior to final budget determinations. Therefore, it is the recommendation of the Public Works Director that Council authorize the expenditure of $10,000 for the installation of the 2/22/83 57 bridge railing and guardrail on the relocated portion of North Boulder Drive. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving the recommendation of the Public Works Director as hereinabove stated. The Vote: Unanimous Ayes with Councilman Pugh abstaining PROPOSED CHANGE IN RESIDENTIAL SOLID WASTE COLLECTION PROCEDURE Public Works Director Arness submitted his recommendation to change the solid waste collection procedures to one collection per week with no change in the present collection location. He submitted a proposed article prepared by Gail Fineberg for the next issue of the Redding Report which describes the Departmental position. The article stated that City residents' garbage will be collected once a week from containers stored in their present locations starting sometime in April , at an expected savings to the City of approximately $163,000 in 1983-84. It mentioned that the rates will remain at $4 per month for an unlimited number of cans and yard refuse will be collected at curbside as in the past. The article explained that the City will conserve fuel and equipment and the life of garbage trucks will be extended. The reduction in the net number of employees in the Sanitation Division is another savings. Another concern noted in the article is that City landfill near Benton Airpart is near capacity. Mr. Arness stressed that the solid waste collection system should be cost effective and should pay its own way. He also maintained that the curbside pickup should be considered in the future as a viable possibility. Mr. ^ . Arness commented that the City has historically offered a sanitation service which is second to none. Mr. Arness stated that the real life of the City landfill is only about five more years and after that time the City will probably join with the County in using the County landfill . There will be costs involved with closing the City landfill , building a transfer station, and other such costs, he noted. Councilman Kirkpatrick said he received a phone call today concerning the need for some input from the public on this situation. He said that as a committee member, serving with Mr. Demsher and staff, he should have relayed more information to the public about the matters they have been studying. Mr. Kirkpatrick stated he would have no objection to continuing this matter in order to receive some input from the public and to let people know this is proposed. Mayor Gard noted that the City Clerk has received two such letters already, from James R. Long and Howard Fritz. Councilman Demsher stated he recalls lengthy discussion last fall about going through a formal hearing process and this was not done. He concurred with Mr. Kirkpatrick that a public hearing would be beneficial . Mayor Gard said she thought she would be an avid supporter of curbside pickup until she noticed that in neighborhoods where curbside pickup is used, animals have rummaged through trash cans and trash is left laying in yards and in the street. She felt the aesthetic aspect of curbside pickup is bad and she now supports pickups at the present location. Councilman Demsher felt that most people expect that sometime in the not too distant future, a once-a-week pickup will be necessary. 2/22/83 58 Councilman Fulton pointed out that Mr. Arness mentioned earlier that the City's sanitation service is outstanding. He felt that this is one of the things the City has done, along with lower cost utilities, which are "pluses" for Redding. Dr. Fulton objected to the suggestion for curbside pickup and said he would agree to the once-a-week pickup but feels it is a step backward. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that a public hearing be set for 7:30 P.M. , March 7 , 1983, to receive public input regarding the proposed change in residential solid waste collection procedures. The Vote: Unanimous Ayes Public Works Director Arness suggested that if the news media has some ideas on this matter, it would be appreciated if they would express them before the meeting. He also asked that public comments be submitted by March 1 , 1983, if possible. ORDINANCES - Amendment to Public Employees' Retirement System Contract City Attorney Hays advised that in order to comply with the requirements of the Board of Administration of the California Public Employees' Retirement System, ordinances have been prepared, one to repeal an existing ordinance which did not have the proper time span between introduction and adoption, and one authorizing the amendment to the contract. Councilman Pugh offered Ordinance No. 1624 for first reading, an ordinance of the City Council of the City of Redding repealing Ordinance No. 1610, pertaining to amendment to contract between City Council and Board of -711 Administration of California Public Employees' Retirement System. Councilman Pugh offered Ordinance No. 1625 for first reading, an ordinance of the City Council of the City of Redding authorizing an amendment to the contract between the City Council and the Board of Administration of the California Public Employees' Retirement System. ORDINANCE - re Ambulance Regulations City Attorney Hays advised that due to recent policy changes within the Department of State Highway Patrol , an amending ordinance has been pre- pared. He stated that inspections and certifications of ambulances, equipment and related items will no longer be done by the Highway Patrol , but will be conducted by the Northern California Emergency Medical Care .�� Council , once the ordinance changes become effective. Councilman Demsher offered Ordinance No. 1626 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 6.08 of the Redding Municipal Code, pertaining to ambulance regulations. ORDINANCES AND RESOLUTION - re Amending Conflict of Interest Codes City Attorney Hays advised that due to recent changes in State law, amending ordinances and resolutions have been prepared. It is therefore the recommendation of the City Attorney that these ordinances and resolution be approved at this time. -„-t MOTION:MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that Resolution No. 83-39 be adopted, a resolution of the City Council of the City of Redding approving a revision of Exhibit "A" to the Conflict of Interest Code for designated officers and employees of the City of Redding Voting was as follows: 111111 Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-39 is on file in the office of the City Clerk. 2/22/83 59 Councilman Pugh offered Ordinance No. 1627 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 2.89 of the • Redding Municipal Code, pertaining to Conflict of Interest Code for members of the City Council , Planning Commission and the City Manager. Councilman Pugh offered Ordinance No. 1628 for first reading, an ordinance 111 of the City Council of the City of Redding amending Chapter 2.90 of the Redding Municipal Code, pertaining to Conflict of Interest Code for desig- nated officers and employees of the City of Redding. Councilman Pugh offered Ordinance No. 1629 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 2.91 of the Redding Municipal Code by repealing said Chapter in its entirety, pertain- ing to Conflict of Interest Code for the City Manager. SUMMONS AND COMPLAINTS The City Attorney advised that the following Summons and Complaints have been received: Empress C. Smith vs. City of Redding et al Claim for Personal Injury Patricia Peil vs. City of Redding et al A Claim for Personal Injury TRANSFER OF OWNERSHIP - Redding Ambulance City Clerk Nichols advised that Patcon, Inc. has recently purchased the Redding Ambulance Company and has made application for the transfer of four ambulance vehicle permits. Mrs. Nichols stated that Patcon, Inc. has conformed with all of the requirements of Chapter 6.08 of the Redding Municipal Code; and, upon receipt of an approved certificate of insurance, four ambulance vehicle permits will be issued to the applicant. This was an information item and no action was required. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: Jim Failor 1210 Market Street The Schooner (Cliff Bowden, Diana Byers, David Pearson) 2151 Market Street Stampede (Stampede Club, Inc. ) 2655 Bechelli Lane Shasta Inn (Olsen Inns of America, Inc. ) 2180 Hilltop Drive Public Utilities Commission: Notice of Removal from Calendar - Application to Increase Rates by PGandE Pacific Gas and Electric Company: Notice of Application to Request Increase in Gas Rates Civil Aeronautics Board: 90-Day Notice of Intent of Republic Airlines, Inc. to Suspend All Services at Redding, California 2/22/83 60 Shasta-Cascade Wonderland Association: Publicity ADJOURNMENT There being no further business, at the hour of 9:15 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: La2L 0_ CA ayor ATTEST: City Clerk tk 2/22/83