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HomeMy WebLinkAboutMinutes - City Council - 1983-04-04 93 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California April 4, 1983 7:00 P.M. 111 The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Pastor Ralph Johnson of the Community Church of God. 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 Attorney Hays, Public Works Director Arness, Plan- ning Director Perry, Electrical Engineering Manager Ryan, Director of Parks & Recreation Riley, Housing & Redevelopment Administrator Henson, Associate Civil Engineer Hastings, Director of Labor Relations Reynolds, Finance Director Downing, Senior Associate Planner Keaney, Airports Manager Woodrum, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calen- dar: Approval of Minutes - Regular Meeting of March 21 , 1983 Regular Adjourned Meeting of March 29, 1983 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 19, check nos. 90046 through 90363 ®� inclusive, in the amount of $527,088.60, be approved and paid; and, Payroll Register No. 20, check nos. 173206 through 173762, in the amount of $422,081.54, for the period March 13 , 1983 through March 26, 1983, be approved. Total : $949,170.14 Claims for Damage and Personal Injury - 1st Hearing Mychal S. Lahey - Claim for Damages filed 3/28/83 /72- 3 Recommend payment in the amount of $373.87 Wahetta Lloyd - Claim for Damages filed 3/26/83 /a_ 3 Recommend payment in the amount of $25 Elmer Roesner - Claim for Damages filed 3/25/83 Recommend payment in the amount of 167.74 /a- 3 Acquisition of Property - 2834 Victor Avenue Planning Director recommends that Council approve the acquisition of property located at 2834 Victor Avenue, which is currently for sale, to enable the City to widen Victor Avenue in the future to the west; and, that the Mayor be authorized to proceed with the acquisition and5c sign the necessary documents. It is further recommended that Council make the following findings re acquisition of property at 2834 Victor Avenue: 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, ratify the Negative Declaration approved by the Board of Administrative Review on March 2, 1983. 4/4/83 94 Set Public Hearing - PD-7-82, by William Huggitt Planning Director recommends that a public hearing be set for 7:30 y P.M. , April 18, 1983, to consider Planned Development Application j PD-7-82, by William Huggitt. Set Public Hearing - RZ-4-83, by City of Redding Planning Director recommends that a public hearing be set for 7:30 P.M. , April 18, 1983, to consider Rezoning Application RZ-4-83, by City of Redding. Set Public Hearing - RZ-5-83, by City of Redding Planning Director recommends that a public hearing be set for 7:30 P.M. , April 18, 1983, to consider Rezoning Application RZ-5-83, by City of Redding. Set Public Hearing - 1983 CDBG Entitlement Grant, Proposed Goals and Objectives and Projected Use of Funds, Adoption of 1982-1985 Housing Assistance Plan Planning Director recommends that a public hearing be set for 7:30 P.M. , April 18, 1983, to consider the proposed goals and objectives and projected use of funds for the 1983 CDBG Entitlement Grant and adoption of the 1982-1985 Housing Assistance Plan. Request to Serve Beer - Record Searchlight Parks and Recreation Director recommends approval of a request by the Record Searchlight to serve beer during its company picnic on July 10, 1983, in Lake Redding Park subject to the three conditions of approval a2 5 � listed in the staff report dated March 28, 1983. Request to Serve Champagne - Ed Holliday Wedding Reception Parks and Recreation Director recommends approval of a request by Ed Holliday to serve champagne at his wedding reception at Riverfront Park, on July 2, 1983 , subject to the three conditions of approval listed in the staff report dated March 28, 1983. Award of Bid - Construction of State Street Storm Drain Public Works Director recommends that Bid Schedule No. 1433, construc- tion of State Street storm drain, be awarded to Cox & Cox Construction, Inc. on its low bid in the amount of $67,169.2.5. It is further recommended that Council make the following findings re Bid Schedule No. 1433: 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, ratify the negative declaration approved by the Board of Adminis- trative Review on March 16, 1983. Award of Bid - Installation of Lawrence Road Water Line Public Works Director recommends that Bid Schedule No. 1434, installa- tion of Lawrence Road Water Line, be awarded to Cox & Cox 4/4/83 95 Construction, Inc. on its low bid in the amount of $30,515.35. Award of Bid - Construction of Concrete Sidewalk in Linden Avenue Area , Public Works Director recommends that Bid Schedule No. 1435, construc- 3c/ tion of concrete sidewalk in the Linden Avenue Area, be awarded to McGee Excavation on its low bid in the amount of $9,941 .75. Award of Bid - Construction of Martin Luther King Park Modifications Public Works Director recommends that Bid Schedule No. 1436, construc- tion of Martin Luther King Park modifications, be awarded to J. L. ``77 Construction, A Joint Venture, on its low bid in the amount of $15,490. Award of Bid - Placement of Pavement Markers Public Works Director recommends that Bid Schedule No. 1428, placement of pavement markers on various streets in the City of Redding, be „ 5---(40 awarded to Riley' s Striping Service, Inc. in the amount of $16,895.40. Acceptance of Final Map - Sunset Terrace Subdivision, Unit No. 7, Lots 1 through 17 Public Works Director recommends that Council approve the final map of /C Sunset Terrace Subdivision, Unit No. 7 , Lots 1 through 17, and author- ize the Mayor to sign the Subdivision Agreement and instruct the City Clerk to file the map with the Shasta County Recorder. Resolution No. 83-59 - Annual Rodeo Parade and Rodeo Week Activities City Attorney recommends that Resolution No. 83-59 be adopted, a , /j resolution of the City Council of the City of Redding pertaining to '7 the Redding Rodeo Association' s and Asphalt Cowboys' Annual Rodeo Week Celebration, to be held during the week of May 16 through 21 , 1983. Umpire' s Agreement - Redding Youth Baseball City Attorney recommends that Council approve an extension of an ,2V, existing contract for umpire services for Redding Youth Baseball . MOTION: Made by Councilman Demsher, seconded by Councilman 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, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Number 83-59 is on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Request from Shasta County Board of Supervisors - re Quartz Hill Water District A letter was received from the Shasta County Board of Supervisors requesting that the City of Redding address property owners concerns regarding further development within the Quartz Hill Water District. L� A petition from Robert H. Scott was submitted to Council , signed by l - property owners who oppose the City of Redding' s annexation of the Quartz Hill Road area, including sewer service and power assessment districts being formed. 1111 Mayor Gard suggested that the signers of the petition be advised that the City of Redding does not seek annexations but responds to requests from land owners. 1 4/4/83 96 Councilman Pugh noted that the annexation process for this area is currently underway and that all property owners will soon be notified of the status of the proceedings. Planning and Community Development Director Perry confirmed that a letter is nearly ready to be mailed to property owners indicating the status of the annexation, and related costs. Communication from American Lung Association - re Bicycling Week A letter was received from the American Lung Association asking for Council ' s support in the form of a resolution proclaiming May 1 through May 8 as Bicycling Week and Thursday, May 5, as Bike to Work Day. The City Clerk indicated that the Association has been advised that the City Council does not adopt resolutions or proclamations unless they are pertinent only to the City of Redding. Mayor Gard noted that though the City cannot adopt a resolution for this occasion, there are several avid bicyclists on the Council and staff who would be happy to represent the City' s support of the Ameri- can Lung Association' s Bicycling Week, May 1 through May 8, 1983. Request to Sell Alcoholic Beverages - Redding Rodeo Association A request was received from the Redding Rodeo Association to sell alcoholic beverages at a steak feed on May 14, 1983 , at the Posse Grounds. I' MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the request of the Redding Rodeo Association to sell alcoholic beverages in plastic cups, at the Posse Grounds , May 14, 1983, within the fenced area of the grounds. The Vote: Unanimous Ayes KENYON DRIVE SEWER ASSESSMENT DISTRICT NO. 1983-3 Special Bond Counsel Sperry submitted the following documents for filing and adoption: Engineer' s Report Resolution - Accepting Report & Setting Hearing MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-60 be adopted, a resolution of the City Council of the 69°9 City of Redding accepting the Engineer' s Report and setting the hearing for 7:30 P.M. , May 16 , 1983, re Kenyon Drive Sewer Assessment District No. P 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-60 is on file in the office of the City Clerk. Resolution - Calling for Bids MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-61 be adopted, a resolution of the City Council of the City of Redding calling for construction bids in Kenyon Drive Sewer Assess- ; ment District No. 1983-3. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-61 is on file in the office of the City Clerk. { t1 { 4/4/83 97 Notice of Improvement Notice Inviting Sealed Bids ORDINANCE - re Planned Development PD-16-80 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1632 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. 1632 be adopted, an ordinance of the City Council of the City 7 of Redding amending Ordinance No. 1566 by deleting Condition 34 and sub- stituting therefor new Condition 34, pertaining to rezoning of certain real property in the City of Redding, PD-16-80. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1632 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-2-83 MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full reading of Ordinance No. 1633 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes ` MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that / Ordinance No. 1633 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-2-83. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1633 is on file in the office of the City Clerk. AWARD OF BID - One (1 ) Wheelchair-Lift Equipped Van Public Works Director Arness reviewed the recommendation of the City Manager that Bid Schedule No. 1432 , one wheelchair-lift equipped van, be awarded to the low bidder, National Bus Sales and Leasing Co. , Inc. , in the amount of $23,532, sales tax included. /0-5 Mr. Arness indicated that the City has been awarded a $22,000 grant from the California Department of Transportation , and Mercy Medical Center +. agrees to provide the additional funds of $1 ,532 to cover the purchase of the vehicle. In response to an inquiry from Councilman Fulton, Mr. Arness stated that the van is to be used by Mercy for their Hospice Program. He said it would be licenced, staffed, and maintained by Mercy but ownership would remain with the City. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Bid Schedule No. 1432, one wheelchair-lift equipped van, be awarded to National Bus Sales and Leasing Co. , Inc. , in the amount of $23,532. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh 1 1 4/4/83 98 TENTATIVE SUBDIVISION MAP - S-13-82, Crestview Council was advised that the Planning Commission has granted Jaxon Baker permission to subdivide 21 .5 acres into 50 single-family lots. The �� property is located adjacent to the south of the extension of Moss Creek Road and White River Drive. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval . lit No action was required on this matter. SPHERE OF INFLUENCE - City of Anderson Planning and Community Development Director Perry submitted a copy of the Sphere of Influence Report for the City of Anderson that was prepared by the Local Agency Formation Commission staff. He noted that the sphere proposed by LAFCO for Anderson conflicts with the one Redding submitted; I�7�j� and, as proposed by LAFCO and Anderson, Anderson' s Sphere of influence would extend north to Fig Tree Lane and Meadow View Drive. 1 F Mayor Gard expressed the hope that the property owners in the overlapping area are aware that LAFCO makes the final decision on annexations. She noted that the City of Redding has received two separate requests for annexation in this area, yet the City of Anderson and LAFCO are determining that the area will go to the City of Anderson. Mr. Perry stated that public hearings will be held and hopefully there will be enough publicity that people in this area will be aware of the situation. Councilman Kirkpatrick noted that he felt LAFCO is counting on a regional sewer plant in that area when in fact there is no regional sewer system. Councilman Demsher, who is the City' s representative on LAFCO, said the City of Redding needs to keep a close watch of the situation and he will do what he can to keep everyone apprised. r No action was required on this matter. MEMORANDUM OF UNDERSTANDING - Local 137, General Teamsters Director of Labor Relations Reynolds advised that a little more than a year ago, the City of Redding Public Safety Dispatchers decided to join Local 137, General Teamsters. He said a tentative agreement has been reached which includes a 3. 1% salary increase retroactive to July 7 , 1982, and other wage adjustments to be granted at specified intervals during the term of the contract. A copy of the M.O.U. was submitted to Council . 3 Mr. Reynolds noted that the previous terms and conditions of employment have been converted to contract form. He said the major variances from past practice are: 1 . An improvement to group health stress counseling program; and 2. A 5% temporary pay upgrade for those times when a Public Safety Dis- patcher is assigned to supervisory responsibilities. Mr. Reynolds advised that the agreement was ratified by the members of the Teamsters Negotiating Committee. It is the recommendation of staff that Council adopt a resolution approving the provisions of the Memorandum of Understanding. C F Resolution MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Resolution No. 83-62 be adopted, a resolution of the City Council of the City of Redding approving the provisions of the Memorandum of Understanding 4/4/83 99 between the City of Redding and Local Union 137, General Teamsters , Effec- tive March 17, 1983. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-62 is on file in the office of the City Clerk. REQUESTS TO SELL BEER - Men' s Fast Pitch Association and Women' s Slow Pitch Association Parks and Recreation Director Riley advised that the Parks and Recreation Commission has recommended that the Men' s Fast Pitch Association and the Women's Slow Pitch Association be granted permission to sell beer during their tournaments at the Softball Park and Buckeye Park respectively. ; I Mr. Riley indicated that a condition has been added which would void the L'Z Council ' s approval to sell beer if it is determined that incidents arise whereby the sale of beer is a detriment to the activity. In response to an inquiry from Mayor Gard, Mr. Riley advised that there are people participating in these leagues who are under 21 years of age. MOTION: Made by Councilman Pugh, seconded by Councilman Fulton approving the requests to sell beer from the Men' s Fast Pitch Association and the Women's Slow Pitch Association, in accordance with the dates, and subject to the four conditions of approval as listed in the Parks and Recreation + Director' s memorandums to Council dated March 28, 1983. a Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Pugh Noes: Council Members - Gard Absent: Council Members - None RESOLUTION - re Loan Applications for Airport Projects Airport Manager Woodrum reviewed his memorandum to Council dated March 29, 1983. He stated that staff is currently in the process of resubmitting grant requests to the State Division of Aeronautics for funds to construct a heliport and an addition to the transient ramp to accommodate some 30 more transients , a significant number of which would be for twin-engine � I 1 aircraft use. Mr. Woodrum advised that in addition, loan applications are being submitted for four additional projects, a 5-place hangar and /ql administrative office facility at Benton, a 10-place T-hangar, a sun shelter, and a concrete pad to relocate existing Port-a-Port hangars, at Redding Municipal Airport. It is the recommendation of the Airports Manager that Council adopt a resolution authorizing the filing of these loan applications and authorizing the City Manager to execute the appropriate documents. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that 1 Resolution No. 83-63 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of loan applications for a sun shelter, 10-place T-hangar and concrete pad at Redding Municipal Airport and a 5-place T-hangar at Benton Airpark, and authorizing the City Manager to execute the appropriate documents. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard s Noes: Council Members - None ' Absent: Council Members - None Resolution No. 83-63 is on file in the office of the City Clerk. 1 i 4/4/83 A 100 PUBLIC WORKS PLANNING REPORTS - April 1983 Public Works Director Arness submitted the Public Works Planning Reports 3/6 for April 1983. Mr. Arness advised Council that as it did last year, the City is contribut- ing $200 toward the California Resource Rally sponsored by the People of Progress. ORDINANCE - Landmark and Heritage Trees City Attorney Hays submitted an ordinance which establishes that the Recre- ation and Parks Commission shall be responsible for the development of a Landmark and Heritage Tree Plan for the City of Redding. He said that the plan as proposed by the Parks and Recreation Director is one that is de- E signed to develop a community awareness of the importance of trees to the community that are already here and to, hopefully, through that community awareness, develop a spirit of preservation for those trees. Mr. Hays advised that it is anticipated that at the time of the second reading of the ordinance, Council will be provided with a copy of a proposed plan which it will be asked to approve after the ordinance becomes effective. Councilman Demsher offered Ordinance No. 1634 for first reading, an ordi- nance of the City Council of the City of Redding amending Chapter 13.40 of the Redding Municipal Code, pertaining to landmark and heritage trees. PUBLIC HEARING - re Calexico Drive Street Assessment District No. 1983-4 The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Calexico Drive Street Assessment District No. 1983-4. The following documents are on file in the office of the City Clerk: E Certificate of Filing Boundary Map with County Recorder Certificate of Mailing - Notice of Improvement Certificate of Posting - Notice of Improvement Proof of Publication - Notice of Improvement Proof of Publication - Notice Inviting Sealed Bids � The City Clerk advised that one protest has been received from Mr. and Mrs. Robert Harrison. Special Bond Counsel Sperry submitted the documents for filing and adoption relative to Calexico Drive Street Assessment District No. 1983-4. Associate Civil Engineer Hastings advised that very favorable bids were received for this project which resulted in reduced assess- ments, and thus an amended engineer' s report is necessary. Purley B. Harrison, 1438 Calexico Drive, stated she and her husband Robert are not objecting to the improvements to the street but feel they have been treated unfairly. She said she and her husband are long-time residents of Redding. Mrs. Harrison indicated that they had a hard time finding property to buy and have had many problems since they purchased it. She said they had problems getting water to the property and they were told they would be required to have their street surfaced and curbs installed before they could have a house built. Mrs. Harrison stated that they had the street surfaced as required and she felt that this was an enhancement for others to purchase property along the street. She felt it was unfair to them that the City has allowed houses to be built before the streets and curbs were installed. Mrs. Harrison said she does not mind paying for the street to be fixed but feels that her $6,000 assessment is unfair. She did not feel they should pay more than $3,000. F 4/4/83 �-i- -T- - v -- u�� -•- •-w s -- - v - .r T - r. -- 101 MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Mr. Sperry advised that the Harrison' s reduced assessment is $5 ,805. He noted that their lot is considerably larger than the others in the district and amounts to 15% of the area, which includes ten parcels. Mr. Sperry emphasized that Council has consistently required that streets be brought up to City standards and added that in some cases it has allowed credits to property owners if improvements were built to City standards. In response to an inquiry from Mayor Gard, Mr. Sperry advised that Calexico Drive was not built to City standards. Resolution - Overruling Protests MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-64 be adopted, a resolution of the City Council of the City of Redding overruling protests 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. 83-64 is on file in the office of the City Clerk. Amended Engineer' s Report Resolution - Approving Report and Ordering Assessment MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-65 be adopted, a resolution of the City Council of the City of Redding approving amended engineer's report and assessment and ordering 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 • Resolution No. 83-65 is on file in the office of the City Clerk. Resolution - Authorizing Change Orders MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-66 be adopted, a resolution of the City Council of the City of Redding authorizing change orders 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. 83-66 is on file in the office of the City Clerk. 11 Resolution - Establishing Bond Reserve Fund • MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-67 be adopted, a resolution of the City Council of the City of Redding establishing bond reserve fund in Calexico Drive Street Assessment District No. 1983-4. 1 4/4/83 102 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-67 is on file in the office of the City Clerk. Resolution - re Foreclosure of Delinquent Liens ( MOTION: Made by Councilman Demsher, seconded by Councilman Pugh that Resolution No. 83-68 be adopted, a resolution of the City Council of the City of Redding concerning foreclosure of delinquent assessment liens 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. 83-68 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Use Permit UP-220-82, by Santa Ana Valley Irrigation Company Councilman Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re appeal of Use Permit UP-220-82 (Peter Bollinger) , by Santa Ana Valley Irrigation Company. 1v21 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 The City Attorney Hays advised that a letter has been received from the appellant' s attorney, stating that SAVI wishes to withdraw its appeal of Use Permit UP-220-82. Said letter dated April 4, 1983, is on file in the office of the City Clerk. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes with Councilman Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-3-83 , by City of Redding The hour of 7:30 P.M. having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-3-83, 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 April 1 , 1983 I'[� 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 reviewed his memorandum to • Council dated April 1 , 1983 , which is incorporated herein by reference. He stated that the Planning Commission has recommended rezoning of property in the Deerfield, Penn Acres and Brian Subdivisions and the Enterprise Property Subdivision, No. 3, from "U" Unclassified District to "Rl-B10" Single-Family Residential District. 4/4/83 103 Mr. Perry advised that the subdivisions are located generally north of East Cypress Avenue, west of Victor Avenue, south of State Highway 44, and east of Mistletoe Elementary School . A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. 111 Mr. Perry also submitted a letter from Mr. Phil Young, 2390 Victor Avenue, requesting that his property either remain Unclassified or be designated for office use. Mr. Perry advised that the parcel is classified on the General Plan as Residential , 3.0 units per acre, and to designate the parcel for office use would first require an ' amendment to the General Plan. The issue at this time, Mr. Perry said, is whether Mr. Young' s property should be included in the proposed rezoning. It is the opinion of staff and the Commission that office or commercial use of the parcel should be discouraged because of the potential precedent-setting effect along Victor Avenue and Cascade Lane for remaining residential properties. Mr. Perry also noted that when the City Council considered Rezoning Application RZ-10-82, it determined that commercial should be discouraged on 1 Victor Avenue. He said that leaving the parcel in question unclassified will eventually necessitate a reevaluation of the General Plan designation on that stretch of Victor Avenue. It is the recommendation of the Planning Commission and staff that the 1 area be rezoned from "U" Unclassified to "Rl-B10" and "RM-12" as depicted on the map entitled "Proposed Zoning" , that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher approving the recommendation of the Planning Commission and staff regarding Rezoning Application RZ-3-83, by City of Redding. The Vote: Unanimous Ayes MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that Council makes the following findings re Rezoning Application RZ-3-83, 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 Admin- istrative Review on February 16, 1983. The Vote: Unanimous Ayes 3 Councilman Fulton offered Ordinance No. 1635 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-3-82. PUBLIC HEARING - re General Plan Amendment GPA-5-81 , by Brent Owen et al Mayor Gard and Vice Mayor Pugh abstained from voting and discussion on this matter and the gavel was handed to Mayor Pro-tem Demsher. Mayor Gard and Vice Mayor Pugh left the Chambers at this time. 1 4/4/83 104 • The hour of 7:30 P.M. , having arrived, Mayor Pro-tem Demsher opened the public hearing regarding General Plan Amendment Application GPA-5-81 , by Brent Owen et al and the 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 The City Clerk advised that no written protests have been received other than those incorporated into the Planning Director' s memorandum to Council dated March 28, 1983. Planning and Community Development Director Perry reviewed his memo- randum to Council dated March 28, 1983, which is incorporated herein by reference. He noted that EIR-7-81 for the above project was previously submitted to Council . Except for the Mary Lake property and the land immediately to the north, Mr. Perry noted that the majority of the plan area is outside the corporate limits of the City of Redding. Mr. Perry advised that the Planning Commission has certified EIR-7-81 for the project and pointed out the following issues that were raised at the public hearings on the EIR: 1 . Traffic, principally affecting Wisconsin Avenue and Ridge Drive. 2. Commercial development. 3. Relationship of higher development densities to existing develop- ment and a potential change in form of housing. 4. Relationship of density to topography in the western portions of the amendment area. 5. Water quality. 6. Relationship to the gun club to the west. Mr. Perry continued to state that the Planning Commission, by a vote of 6 to 0, recommended approval of GPA-5-81 , pertaining to the area south of Eureka Way, west of Wisconsin Avenue and Ridge Drive, and north of Morning Glory Lane and Campo Calle. He said the General Plan amendment consists of two parts: one is the Mary Lake property which was initiated by the owners of the property, consisting of 176.7 acres, and the second which consists of the total plan area consisting P of 743 acres including the Mary Lake property. Mr. Perry noted that the additional area was instituted by the City in order to assure continuity of land use and transportation planning adjoining the Mary Lake property. Mr. Perry said the owners of the Mary Lake property have requested amendment of the General Plan to permit an additional 61 dwelling units and to designate five acres adjacent to Placer Road as "Retail " for development of a shopping center. He noted that the property was annexed to the City in June, 1981 ; and, thirty acres of the property had previously been dedicated to the City as park. Mr. Perry explained that the "Retail " segment of the project was the most discussed issue as the staff recommended denial of that portion, feeling that there were better locations on the west side for retail development to occur. It is recommended that Council take one of the following actions: 4/4/83 1 • 105 • 1 . Determine to retain the General Plan as it presently exists. 2. Amend the Plan as recommended by the Planning Commission and requested by the applicant. 3. Modify the General Plan amendment as recommended by the Commis- sion; and, if modified to a form not reviewed by the Commission, it should be referred back to the Commission for report and recommendation. It is further recommended that Council make certain findings pursuant ' to Section 15088 of the CEQA Guidelines and that the City Attorney be instructed to prepare a resolution for adoption at the next regular Council meeting. Brent Owen, applicant for the General Plan amendment, said the primary concern in the commercial portion of the plan is the traffic impact, 1 yet it has become clear that the traffic problems can be mitigated. He said another concern by surrounding property owners is that they don't want a shopping center to be located near them. Mr. Owen placed on display a carved scale model of the project and presented slides showing the view from the existing homes on Oro Street to the proposed shopping center. He pointed out that the center would be 120 feet below the elevation of Oro Street. Bob Rettke, 4235 Oro Street, said his lot is less than 150 feet from 1 the proposed center. He stated he purchased his home in 1963, on a dead end street, at the far west end of Redding, in order to avoid commercial development. Mr. Rettke doubted the need for a commercial center in this area and noted that the sight distance on Placer Street is inadequate for safety. He emphasized that property values near the proposed commercial site would be reduced. He also questioned the accuracy of the model and felt the center would not be out of sight from properties on Oro Street. Mr. Rettke said he is not opposed to the residential development but feels the commercial designation should be denied. He also felt that Oro Street and Travona Street should be designated as dead end streets. He noted that a petition opposing the commercial development signed by 158 property owners had been submitted to the Planning Commission. Captain Gerald Akin, 4230 Oro Street, said Mr. Owen has stated that probably Oro would remain a dead end street. He felt that the City should determine that it definitely would become a cul-de-sac street. '• Captain Akin was also concerned about traffic safety on Placer Street. Trygve Sletteland, 1666 Ridge Drive, noted that additional signatures have been obtained on a petition circulated against this General Plan amendment. He did not have the additional signatures with him this evening but indicated that he would submit them as soon as possible to the Planning Director. Mr. Sletteland said the petition has now been signed by 350 residents and members of the Shasta County Peace Offi- cers Association. He read the title of the petition at this time. He said he is not opposed to a compatible development of the property but does oppose the increased density requested by the applicant. He felt the adverse impacts such as noise, air, and water pollution, wildlife 11/ habitat destruction and traffic safety would all be reduced with reduced density. Mr. Sletteland emphasized the need for a collector street between Eureka Way and Placer Road in order to reduce impacts on Ridge Drive. He said he is opposed to the commercial center and felt that a commercial center should be placed in an area which is already zoned for it. Another primary concern expressed by Mr. 4 Sletteland was the adverse impacts on the lake itself. He felt 1 1 1 1 3 4/4/83 w 106 that the adverse impacts noted could be reduced by denying the request and limiting densities to keep the area in conformance with develop- ment which has occurred over the past 25 years. George Abbott, 4110 Oro Court, did not feel that the traffic mitiga- tion measures proposed for the project were solutions to the problem. He said traffic on Wisconsin would become a major problem and he is opposed to the commercial development. Phyllis Sletteland, 1666 Ridge Drive, felt this development will be burdened with hidden costs to the City to maintain the lake, dam, and open space preserve. She felt the most comprehensive mitigation measure would be to limit future growth in the area. Mrs. Sletteland said she upholds Mr. Owen's right for personal gain but he is asking the citizens of Redding to be responsible for paying the costs. Brent Owen, said he and his associates bought the property in 1979 and annexed it in 1981 . He said they began the planning process immed- iately, but the downturn of the economy has delayed the project. He said that fact alone probably helped to create more information about the project and contributed to a very complete EIR. Mr. Owen stated that the road alignments have not been reviewed at this time and are not an issue in this General Plan amendment. In regard to Mr. Rettke' s request that the streets be developed to buffer him, Mr. Owen indicated he has no problem with making Oro a cul-de-sac. He also indicated that Mr. Sletteland said at the last Planning Commission meeting that he would withdraw the petition opposing the project if the staff' s recommendation were approved to drop the commercial development. Mr. Owen addressed some of the questions and concerns posed by the previous speakers. He felt that the major objections concern the commercial development and that one of the strengths of the commercial project is that it does not effect the current property owners. It is Mr. Owen' s belief that a shopping center is needed and could be built with existing mitigation measures if there wasn't a site that the Planning Director favors more. Mr. Owen stressed that if he did not sincerely believe that this was a legitimate proposal , it would not be before Council this evening. He added that with the approval of the commercial site, there would be a net density increase of only 36 units. He said that he and his associates want to make the Lake an attrative resource. Sam Bambino, 1730 Wisconsin, asked Mr. Owen how he intends to control noise and times of delivery at the shopping center. He said goods are delivered in 18-wheel trucks , 24-hours a day, and the proposed buffer zone will not control noise. Mr. Owen advised that deliveries will be made in the back of the buildings and that the Mary Lake properties will receive the greatest noise impact. Mr. Owen also noted that the gun club is a nuisance- type uisance-type function and they have the right to make all the noise they want as long as it does not impact their neighbors. He continued to state that the General Plan amendment is only increasing density by 36 units on 200 acres which doesn't change the gun club' s usage of the property anymore than it does without the amendment. He felt that someday the gun club probably will have to relocate. Rich Tuggle, 1740 Ridge Drive, expressed concern regarding the street plan for the project and specifically the plan for Ridge Drive. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton f that the public hearing be closed. The Vote: Unanimous with Mayor Gard and Councilman Pugh abstaining 4/4/83 - - 107 In response to an inquiry from Councilman Fulton, Mr. Perry advised that the street which goes alongside the proposed shopping center would be the primary point of access to the property. It would consist of four lanes including turn lanes; however, Mr. Perry stated that the Planning Commission has not discussed a four lane road j through the entire project. Mr. Perry advised Council that there are several options but they have not been addressed in detail . 111 Councilman Fulton asked what other sites were proposed for possible commercial development. He was advised by the Planning Director that the following sites have been evaluated by staff: expansion of Rex' s Market, the City property at Placer and Buenaventura, property to the west where Canyon Creek Road would intersect Placer, property where the secondary access road from the project would intersect Eureka Way, property at the intersection of Buenaventura and Eureka Way, and, property on the southeast side of Placer opposite the requested site. Mayor Pro-tem Demsher said he sees no problem with the residential portion of the project. He does have some concerns about the commer- 3 cial aspect because it would place a shopping center so close to existing homes. He felt that many of the current home-owners bought property in this area because of the lack of commercial development and that a commercial center would generally be viewed as undesirable. Councilman Kirkpatrick stated the plan has been discussed at length by +, both the Planning Commission and Council and he felt that both bodies have had sufficient material with which to make a decision. He said he has discussed this with the Planning Director and does not feel that a commercial area should be denied simply because the City property is not in a position to be subdivided or developed. Mr. Kirkpatrick emphasized that the concerns expressed are real and some 4 may not be able to answered or controlled but he felt the plan could be well managed for a commercial center in that location. It was recommended by the Planning Director that the Mary Lake 1 Property and the area outside the Mary Lake Property be considered separately. i Mary Lake Property MOTION: Made by Councilman Kirkpatrick approving the recommendation of the Planning Commission that GPA-5-81 be approved as requested by the applicant pertaining to the Mary Lake Property. This motion died for lack of a second. MOTION: Made by Councilman Fulton, seconded by Mayor Pro-tem Demsher modifying GPA-5-81 as recommended by the Planning Commission by delet- ing the commercial area and otherwise approving the request of the applicant pertaining to the Mary Lake Property; and, that pursuant to Section 15088 of the CEQA Guidelines, changes or alterations have been made which mitigate or avoid the significant adverse effects identi- fied in EIR-7-81 ; and, instructing the City Attorney to prepare a resolution for adoption at the next regular Council meeting. Voting was as follows: Ayes: Council Members - Demsher, Fulton Noes: Council Members - Kirkpatrick Absent: Council Members - None Abstain: Council Members - Pugh and Gard Area Outside Mary Lake MOTION: Made by Councilman Fulton, seconded by Mayor Pro-tem Demsher 4/4/83 108 approving the recommendation of the Planning Commission and staff regarding GPA-5-81 ; and, that pursuant to Section 15088 of the CEQA Guidelines , changes or alterations have been made which mitigate or avoid the significant adverse effects identified in EIR-7-81 ; and, instructing the City Attorney to prepare a resolution for adoption at the next regular Council meeting. The Vote: Unanimous Ayes REQUEST FOR CLOSED SESSION City Attorney Hays requested that Council meet in closed session to discuss pending litigation. At the hour of 9:40 P.M. , Council adjourned to a closed session. CS At the hour of 10:04 P.M. , the regular Council meeting was reconvened. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: } Tortilla Flats (Cindy-Kay Corporation) 2800 Park Marina Drive Shasta-Cascade Wonderland Association: Publicity Public Utilities Commission: Notice of Prehearing Conference on Various Matters Letter from Rex Mosely re Pacific Express ADJOURNMENT There being no further business, at the hour of 10:05 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: 114, G OA At . • 110 40 ATTEST: City Clerk } .. .4/4/83 - - - -