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HomeMy WebLinkAboutMinutes - City Council - 1983-05-02 131 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California May 2, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by Finance Director Downing. The invocation was offered by Reverend Corless, of the Christian Church. The meeting was called to order by Mayor Gard with the following Council Members present: Demsher, Fulton, Kirkpatrick, and Gard. Council Members absent: Pugh Also present were Public Works Director Arness, Planning and Community Development Director Perry, Electrical Engineering Manager Ryan, Associate Electrical Engineer Coleman, Director of Parks and Recreation Riley, Housing & Redevelopment Administrator Henson, Personnel Officer Bristow, Finance Director Downing, Senior Associate Planner Keaney, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calen- dar: a Approval of Minutes - Regular Meeting of April 18, 1983 Adjourned Regular Meeting of April 19, 1983 Approval of Payroll and Accounts Payable Registers - Recommend that 1 Accounts Payable Register Number 21 , check nos. 90596 through 90806 • inclusive, in the amount of $1 ,175,635.43, be approved and paid, and ()(n Payroll Register No. 22, check nos. 174226 through 174914 inclusive, in the amount of $425,396.13, for the period April 10, 1983, through April 23, 1983, be approved. Total : 1 ,601 ,031.56 Treasurer's Report - March 31 , 1983 Treasurer' s Report for March 21 , 1983, shows a total Treasurer's / cj 1 accountability of $14,649,054.95. ; Claims for Damage and Personal Injury - 1st Hearing Linda L. Sellers - Claim for Personal Injury filed 4/14/83 Recommend referral to Insurance Carrier and set for second hearing �� # June 6, 1983 Award of Bid - Three Padmount Distribution Switches City Manager recommends that Bid Schedule No. 1438, three padmount distribution switches , be awarded to S & C Electric Company, the y� lowest qualifying bidder, in the amount of $23,646.48, sales tax included. Award of Bid - One 115 KV Circuit Switcher City Manager recommends that Bid Schedule No. 1439, 115 KV circuit switcher, be awarded to Siemens-Allis , Inc. , the sole bidder, in the V3 amount of $31 ,058, sales tax included. Resolution - Acceptance of License, Whiskeytown Power Project Electric Director recommends that Resolution No. 83-82 be adopted, a resolution of the City Council of the City of Redding authorizing the ^ 1 Mayor to acknowledge acceptance of the terms and conditions of the license for the Whiskeytown Power Project pertaining to construction. s Set Public Hearing - Rezoning Application RZ-6-83, by City of Redding Planning and Community Development Director recommends that a public / / t 5/2/83 132 hearing be set for 7:30 P.M. , May 16, 1983 , to consider Rezoning Application RZ-6-83, by City of Redding. Set Public Hearing - Rezoning Application RZ-7-83, by Kenneth Knighten Planning and Community Development Director recommends that a public hearing be set for 7:30 P.M. , May 16, 1983, to consider Rezoning /1/Li Application RZ-7-83, by Kenneth Knighten. Set Public Hearing - Rezoning Application RZ-8-83, by City of Redding Planning and Community Development Director recommends that a public hearing be set for 7:30 P.M. , May 16, 1983 , to consider Rezoning /4 Application RZ-8-83, by City of Redding. Set Public Hearing - Tentative Subdivision Map S-2-83, Valley View Planning and Community Development Director recommends that a public hearing be set for 7:30 P.M. , May 16 , 1983, due to the disagreement between the Parks and Recreation Commission and the Planning Commis- sion regarding the location of the t �Z g g park site in Valley View Subdivi- sion Map S-2-83. Acquisition of Property - 2798, 2786, 2918 Victor Avenue Planning and Community Development Director recommends approval of the acquisition of property located at 2786 and 2798 Victor Avenue, for the future widening of Victor Avenue; and, that acquisition of pro- ' perty located at 2918 Victor Avenue, be approved in concept after the _35-6 purchase is vacated. It is further recommended that Council make the following findings regarding the acquisition of the subject properties: 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 April 2.0, 1983. Acquisition of Property - 1324 California Street Planning and Community Development Director recommends that the City Attorney be authorized to prepare a lease agreement for property located at 1324 California Street for use as a parking lot, with an option to purchase the property on or after August 1 , 1983. D It is further recommended that Council make the following findings 3 regarding the acquisition of the subject property: 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 April 13, 1983. Funding Application - Deferred-Payment Rehabilitation Loan Program Planning and Community Development Director recommends that Council concur with the submission of a $100,000 application under the State' s Deferred Payment Housing Rehabilitation Loan Program, to be used to 5/2/83 133 • • • • rehabilitate the Cascade Hotel ; and, that Council authorize submission of a $50,000 request for rental properties under the State' s Deferred Payment Loan Program. Renewal of Contract - Workers' Compensation III Personnel Officer recommends that the Mayor be authorized to execute the renewal contract and amendment with Trans Pacific Administrators, Inc. to continue administering the City' s workers' compensation c>2 51 program through June of 1984. Request to Serve Beer - Citizens Utilities Parks and Recreation Director recommends that the Citizens Utilities Company be permitted to serve beer during their annual playoff games ,n-,,2 23 at Kiwanis #2 field in Caldwell Park on Sunday, June 5, 1983, subject • to the three conditions as listed in his memorandum to Council dated April 28, 1983. i Request to Serve Beer - Oregon State University Alumni Parks and Recreation Director recommends that the Oregon State Univer- Pt , sity Alumni be permitted to serve beer during their picnic on June 7, ,Z,5;-2 1983, in Lake Redding Park, subject to the three conditions as listed in his memorandum to Council dated April 28, 1983. Request to Serve Beer - Central Valley Alumni Parks and Recreation Director recommends that the Central Valley p Alumni be permitted to serve beer during their 20th Class Reunion on 025,215 ; August 7, 1983 in Lake Redding Park, subject to the three conditions ' as listed in his memorandum to Council dated April 28, 1983. 1 Notice of Completion - Improvement of Hartnell Avenue III Public Works Director recommends that Bid Schedule No. 1421 , improve- ments to Hartnell Avenue adjacent to Parsons School , be accepted as (25-62 satisfactorily completed, and that the City Clerk be instructed to file a Notice of Completion. f Notice of Completion - Improvements at Carter House Science Museum Public Works Director recommends that Bid Schedule No. 1422, improve- ments at Carter House Science Museum, be accepted as satisfactorily 1/03 completed, and that the City Clerk be instructed to file a Notice of Completion. a 1 Agreement - Shasta Natural Science Association City Attorney recommends approval of an agreement providing for the j payment by the City of the sum of $25,855 to the Shasta Natural / Science Association for the operation of the Junior Science Museum at 7 .3 1 the Carter House Science Museum for the period commencing May 1 , 1983 1 to April 30, 1984. Lease Agreement - Redding Redevelopment Agency and Parlay InvestmentsJ City Attorney recommends approval of a lease agreement for the plat- , /e/ t form bridge to the Hof Brau Restaurant in the Downtown Redding Mall (-/6°3 , l�3 with the current owners of that property, Parley Investments, Inc. 1 1 Resolution - Storm Drainage Easement in Lake Blvd. Subdivision, Unit 4 City Attorney recommends that Resolution No. 83-83 be adopted, a 1 resolution of the City Council of the City of Redding summarily ,j1' 111 vacating a storm drainage easement located within the Lake Boulevard Subdivision, Unit No. 4. , , Agreement - Centerville Community Services District ; City Attorney recommends that Council authorize the Mayor and the City ,53 a 5/2/83 134 Clerk to sign an agreement which would then be forwarded to Center- ville for their approval , establishing the method of coordination between Centerville and the City with regard to the development of water systems as well as the maintenance of portions of those systems. MOTION: Made by Council Member Kirkpatrick, seconded by Council Member Demsher, 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, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution Numbers 83-82 and 83-83, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Petition from Property Owners in Woodside Meadows Subdivision A petition was received from property owners in Woodside Meadows Subdivision Units I and II and the surrounding vicinity, expressing concern regarding drainage problems and increased traffic on Canby Road. In response to an inquiry from Councilman Kirkpatrick, Planning and lO Community Development Director Perry advised that these problems will not be taken care of by the Canby overcrossing as this is a different portion of Canby Road. Mayor Gard noted that this subject keeps coming up and obviously needs to be referred to staff for study. She asked the Public Works Direc- tor if he has looked into the problem. Mr. Arness stated that culvert work is needed on both sides of Dusty Lane and until the City deter- mines that this is a priority project, these problems will continue. He said he does not share the concern for excessive traffic on Canby as it relates to police and fire protection. Mr. Arness emphasized that the subdivision was approved several years ago and the problems experienced in the area are problems which have continued since before the area was annexed to the City. Mayor Gard asked Mr. Arness about the formation of an assessment } district for drainage improvements as well as sidewalks. Mr. Arness advised that it is possible to form an assessment district for both projects but it would be difficult to combine them into one assessment district. Mr. Perry noted that the subdivision was not developed to City stan- dards and the culverts were undersized for the road. Councilman Kirkpatrick stated that this is a typical problem related to spheres-of-influence and illustrates the necessity for planning for urban development that does not cause problems 20 years later. Councilman Demsher concurred and emphasized that planning for urban development is one of the things discussed at LAFCO, and the fact that the City needs to prevent some of these problems before they are inherited. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick referring the subject petition to the Public Works Direc- tor and the Planning Director for report and recommendation. The Vote: Unanimous Ayes • 5/2/83 135 • Communication from St. Joseph Parish re Handicapped Parking A communication was received from St. Joseph Parish requesting that two parking spaces be designated for the handicapped in front of the Church on Walnut Street. Public Works Director Arness said he is in concurrence with this request and recommends approval . He felt it would be appropriate for //34 /34 Council to act on this request at this time rather than refer it to the Traffic and Parking Commission. Mr. Demsher emphasized that he feels it is very important for the appropriate commission to be informed in these matters and that they be a party to whatever action is taken. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the request from St. Joseph Parish that two spaces be designated for the handicapped in front of the church on Walnut Street, with a request for comments from the Traffic and Parking Commission. The Vote: Unanimous Ayes Communication from Downtown Mall Association re Parking Permit Program A communication was received from the Downtown Mall Association advising the City Clerk that they wish to rescind all parking permits to the employers and employees of the Mall . Mayor Gard said she does not see how existing permits could be re- scinded and felt that they would have to be phased out; however, it would have to be a unanimous decision of the Mall merchants. rt Councilman Kirkpatrick suggested that the easiest way to phase out the program would be to simply not renew permits. He noted that at the time this program was initiated, there were still parking meters in the Downtown Mall and since they have been removed, there is really not a need for the parking permits. Mayor Gard noted that there would still be a three hour parking limit. Mr. Kirkpatrick said the Mall Association feels the purpose of the permits is being abused. Mayor Gard suggested that the request be referred to the City Clerk's office for input as to logistics. Councilman Demsher agreed that the permits may be abused but he also feels that the Clerk's office should consult further with the Mall Association. Deputy City Clerk Strohmayer advised Council that another group from the Mall is circulating a petition to retain the permit program and has asked for a few more days to submit this petition. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher referring the request from the Downtown Mall Association to the City Clerk for report, and that the request be placed on a subse- 1 quent agenda for consideration. The Vote: Unanimous Ayes 111 Request from Bethel Church re Designation of Day of Prayer A letter was received from Reverend E. J. Brown of the Bethel Church which stated that inasmuch as their request for a proclamation for a )3 S national day of prayer was denied, they now request that May 5, 1983, be designated as a Day of Prayer for the City of Redding. 5/2/83 136 Mayor Gard noted that while this is not a public hearing, she has received a request from Mr. Hughes to speak if Council has no ob- jection. Mr. Hughes and several others indicated that they wished to speak on this matter and Council had no objection. Paul Hughes, 697 Mary Street, spoke in opposition to this request. He emphasized the First Amendment to the Constitution which states that no church will be the established church of the realm. He emphasized that government is firmly committed to a position of neutrality. Mr. Hughes stated that prayer is a religious function and governing a city is a state function. He applauded the Council 's understanding of the separation of church and state. Pastor Ed Brown, 2157 Kiwi Lane, spoke in favor of the proclamation. He said it is unwarranted to discuss separation of church and state at this time because that is not the reason Council denied their original request. He questioned the Council ' s policy on not adopting proclama- tions unless they dealt directly with the City of Redding and felt this policy has been inconsistent. Pastor Brown noted that their petition submitted at the last City Council meeting contained over 800 signatures rather than 500 as indicated in the minutes. He stated that they feel the Council has failed to represent them and lead them to believe that Council could not support this due to pre-established policy, even though it wanted to. Bill Coshow, 3400 Scenic Drive, spoke in opposition to the proclama- tion. He stated that he was the Redding City Attorney, in the 1960' s when the former Mayor Fleharty determined not to "rubber stamp" proclamations. He agreed that this is a long-standing policy but also agreed with Mr. Hughes that it is inappropriate for government to be involved in religious matters. He pointed out that if Council was to € approve this proclamation, Council would be in a poor position to turn down requests for proclamations from atheist groups, etc. Mr. Coshow felt that religion is strong enough in itself that it does not need a proclamation. He said that no one is saying they can' t pray but that they don' t need nor should they have the endorsement of the City Council . r Orbie Robertson, 8012 San Souci Drive, spoke in favor of the procla- mation. He pointed out that this request is not just a one-church request but speaks for many churches. Mr. Robertson stressed that there is no such thing as neutrality in this matter. He said that if this request is voted down, it would indicate that prayer and what it stands for was voted against. He said all they are really doing is asking that Council recognize the roots of this nation and are not asking for support of one religion over another. John Weston, 6464 Passo Drive, spoke in support of the proclamation. He pointed out that when the Pledge of Allegiance was given, everyone tpledged to one nation under God which is a form of prayer. He asked that Council support them in this day of prayer. Vi Klaseen, 595 Mary Street, spoke in opposition to this request. Mrs. Klaseen said she has been a citizen of Redding for over 20 years and a member and active supporter of the Methodist Church for more 111 than 40 years. She said she feels very strongly in the separation of church and state and feels it is Council 's job to protect the freedom of religion. She indicated that she has felt uncomfortable about the invocation at Council meetings and felt her Jewish brethren would also be uncomfortable. It was Mrs. Klaseen opinion that the whole matter would be clearer if the invocation were discontinued. She supported 5/2/83 137 Council ' s position taken at the last meeting and asked them not to change that stand. Don Shirley, 7630 Ravene Road, Jones Valley, spoke in favor of the proclamation. He emphasized that they are not calling everyone to III become Christians. He said the First Amendment was set up so that the church would not control the state and the state would not control the church. He felt this day of prayer is not a violation of that Amend- ment. Mr. Shirley stated that the people of Redding have indicated that they support this and it is Council ' s responsibility to follow up with what the people want. Mayor Gard clarified her previous statements and stated that no ordinance exists which prohibits the adoption of such proclamations, but it is the prerogative of Council to set policies. She explained that the resolution adopted pertaining to the E.R.A. was in response to a problem the League of California Cities was having. She stated that many of the Chairpersons are women and they would not attend meetings in states where the E.R.A. was rejected so that California : was losing representation. Councilman Demsher emphasized that that was a political issue not a religious one. •• Councilman Kirkpatrick stated that he voted against the E.R.A. resolu- • tion because he and Councilman Pugh felt that those states which had not approved the amendment did so by their own elected representatives and it would be inappropriate for the City Council to do anything to cast doubt on that decision. He said he disagreed with Pastor Brown' s letter and felt that Pastor Brown had let his emotions get out of ; control . However, he said, Council has indicated that proclamations must concern the City of Redding and Pastor Brown has made a legiti- ' ill/ mate request. He felt that Council should abide by its policy and that he would support that request tonight. i Councilman Demsher stated that he probably should have made the statement at the last meeting that he believes it is inappropriate for government to be involved in religious issues. He said he cannot support this proclamation even though he supports Pastor Brown's . efforts. Mr. Demsher felt it is not Council 's place to call the people of this community out to pray, as this proclamation implies. ' He emphasized that he supports the effort in every other way but 1 officially. ,, i S Mayor Gard concurred with Councilman Demsher' s remarks and reiterated J her previous comments that she as Mayor, does not wish to become s involved in religious matters. She pointed out that she has clarified Council ' s policy on several occasions and that it would be totally inappropriate to approve this request. Councilman Fulton stated that Mr. Pugh' s comments at the last meeting were very well made regarding the Council ' s policy on proclamations; however, he does not feel Council must be totally inflexible. He said l most requests for proclamations have been from people or groups who are concerned with their own individual needs and he feels that Council can still stay within its established policy by granting this i request. Dr. Fulton emphasized that this is a legitimate request and III Council should be responsive to the people. a MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick designating May 5, 1983, as a Day of Prayer for the City of Redding and that a proclamation be drafted so stating. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Demsher and Gard Absent: Council Members - Pugh i 5/2/83 1 138 This motion died due to a tie vote. Councilman Kirkpatrick explained that in a situation where there is a tie vote, the motion fails. PUBLIC HEARING - re Proposed Amendments to Chapter 18.53, Adult Entertain- ment Ordinance The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re proposed amendments to Chapter 18.53 of the Redding Munici- pal Code, Adult Entertainment Ordinance. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing The Deputy City Clerk advised that no written protests have been received. i Planning and Community Development Director Perry reviewed the City Attorney' s memorandum to Council dated April 28, 1983, which is hereby made a part of these minutes by reference. He stated that the Adult Entertainment was adopted in 1980 which established that such busines- ses could only locate in a C-3 Heavy Commercial and Light Industrial District if the site met certain distance separation requirements from residential uses , schools, parks, hospitals , churches and other adult uses, and only if a use permit were first obtained. A copy of this Chapter 18.53 of the Municipal Code, the temporary restraining order, and the proposed amendments were submitted to Council . Mr. Perry advised that on March 8, 1983, the United States District Court in Sacramento issued a temporary restraining order allowing theIlir owner of property at 2200 Churn Creek Road who wishes to establish an adult bookstore, to continue remodeling work and restricting the City from enforcing Chapter 18.53. He advised that the City' s special counsel hired in this matter has recommended approval of this amend- ment and feels it would address those concerns of the Court and remove them from consideration. It is the recommendation of the City Attorney that the proposed amendment, which has been recommended by the Planning Commission, will not in any way lessen the ordinance but will strengthenit by removing the ambiguities and the impermissible actions with regard to un- fettered discretion which the Court alludes to. Mr. Perry stated that failure on the City' s part to address the concerns that the Court pointed out will result in the City having absolutely no controls in place whatsoever. It is further recommended that Council declare this an urgency ordi- nance, so that it will become effective immediately and will be valuable to the City in its defense of this matter before the District Court. Orbie Robertson, 8012 San Souci Drive, said he has had several oppor- tunities to discuss this with the City Council and the City Attorney. He said he has gone over in detail , the concerns about the ordinance and what these proposed changes will do to the ordinance. He is convinced that these changes will strengthen the ordinance and he recommends that Council adopt these amendments. Mr. Robertson 5/2/83 139 commended Council for trying to uphold the social standards of the community. John Keye, 3415 Sunset Drive, spoke in favor of the ordinance. He urged the Council to do whatever it can to prevent another adult bookstore from establishing in this community. Pastor E. J. Brown, 2157 Kiwi Lane, said he attended a recent meeting with the City Attorney and Mr. Robertson and said he is in favor of the ordinance. Pastor Brown said he is aware of the tremendous financial backing in the pornography industry and offered the finan- cial support of his congregation for court costs to help keep adult bookstores out of Redding. Douglas Denton, Orange Avenue, spoke in favor of the ordinance. He thanked the individuals and staff members who have tried to stop pornography in this community and asked them to continue this effort. Mr. Denton urged the City Council to seek out and appropriate every alternative it can to impede the spread of pornography. John Weston, 6464 Passo Drive, urged the Council to adopt the ordi- nance and to stop pornography. Don Nead, 3844 Cheryl Drive, challenged Council to vote for what is morally right and added that pornography does not fall within the category of morally right. Paul Hughes, 697 Mary Street, stated that the reason the Bill of Rights was added to the Constitution was to protect the rights of the minorities. He said he is not defending pornography but he is against the censorship of ideas. Virginia Stotts, 2970 Bechelli Lane, said she was born and raised in Redding and she sees the crime rate going up. She said the porno- graphy industry supports manuals telling people how to seduce young children. She would like to see the children of Redding protected and urged the Council to do everything possible to keep adult bookstores outside the City of Redding. Thressia Agee, 1910 Branstetter Lane, spoke in favor of the ordinance. She said she has seen cities where whole blocks have been taken over by adult bookstores, forcing all other business out. She offered her support in any way to help keep pornography out of Redding. Steve Farnsworth, 6412 Dale, Happy Valley, urged Council to protect the citizens of Redding by stopping pornography. He said he has seen people lose families and loved ones because of pornography. He proposed that a sales tax be imposed on pornographic magazines and that he would support the Council if they did so. Mr. Farnsworth suggested that the revenue from this tax could be used for costs involved in keeping adult bookstores out of Redding. Mayor Gard clarified that what is being considered this evening is in response to a court action and is meant to clear up some language in order to make the ordinance more defensible in court. Jan Peterson, 5424 Midway Drive, asked the location of the existing bookstore. She said the person who is trying to locate a second bookstore on Churn Creek is the same person who owns the existing bookstore on Hilltop. 5/2/83 140 Mr. Perry indicated that as far as the City is aware, they are dif- ferent owners. Councilman Demsher stated that what Council is really dealing with is the placement of any new stores of this kind, and whether or not it is the same person has no bearing on the matter. Julie Mutar, 2887 Tarmac, felt that her rights were being violated by allowing these bookstores and asked what provision is being made to protect her family from this type of activity. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Council make the following findings re amendment to the Redding Municipal Code, Section 18.53.030 pertaining to adult enter- ; tainment activities: 1 . The amendments serve only to clarify and do not alter the basic intent of the ordinance. 2. The amendments eliminate certain discriminatory aspects of the ordinance. 3. The amendments do not intensify or potentially intensify any impacts to property owners. 4. The amendments do not increase in size or number the areas governed by the ordinance. and, ratifies the Negative Declaration approved by the Board of Administrative Review on April 12, 1983. The Vote: Unanimous Ayes Councilman Kirkpatrick introduced Ordinance No. 1639, an ordinance of the City Council of the City of Redding amending Chapter 18.53 of the Redding Municipal Code, pertaining to adult entertainment. MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1639 be waived and the Planning and Community Development Director be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1639 be adopted, as an urgency ordi- nance of the City Council of the City of Redding amending Chapter 18.53 of the Redding Municipal Code, pertaining to adult entertain- ment. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1639 is on file in the office of the City Clerk. PUBLIC HEARING - re Development Agreement - Sunshine Homes Subdivision The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Development Agreement for Sunshine Homes Subdivision (Marshall Worley) . VC1 • 5/2/83 • 141 The following documents are on file in the office of the City Clerk: Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated April 28, 1983 ' Ill The Deputy City Clerk advised that no written protests have been 7 received and the Mayor ascertained that there were no protests from 1 the floor. 7 Planning and Community Development Director Perry reviewed his memorandum to Council dated April 28, 1983, which is incorporated i herein by reference. He stated that the Planning Commission has recommended approval of a development agreement between Marshall & Carol Worley, developers of Sunshine Homes Subdivision, and the City a of Redding. It is the recommendation of the Planning Commission and staff that ! Council approve the development agreement subject to receipt of an executed copy of the agreement from the Worleys , that an ordinance be offered for first reading, and that Council ratify the findings made i by the Planning Commission with respect to general plan consistency i and land-use regulation and ratify the negative declaration. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous ' Ayes MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approving the Development Agreement for Sunshine Homes Subdivision. III The Vote: Unanimous Ayes i MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton 1 that Council makes the following findings re the Development Agreement for Sunshine Homes Subdivision: 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 j Administrative Review on March 8, 1983. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman R Demsher ratifying the findings made by the Planning Commission per- taining to general plan consistency and land-use regulations. The Vote: Unanimous Ayes Councilman Fulton offered Ordinance No. 1640 for first reading, an ordinance of the City Council of the City of Redding adopting the Worley Development Agreement pursuant to the procedures and require- ments established in Resolution No. 81 -87. VICTOR AVENUE AND OTHER STREETS SEWER ASSESSMENT DISTRICT NO. 1982-5 Public Works Director Arness advised that the proposed resolution is to allow for refunding money to the people who paid cash for their assessments. He noted that the reduction in assessments is as a result of ; two parcels of land being added to the district. �7 � -^ Resolution - Authorizing Refunds 1 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-84 be adopted, a resolution of the City 5/2/83 S 142 Council of the City of Redding authorizing refunds in Victor Avenue and Other Streets Sewer Assessment District No. 1982-5. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Resolution No. 83-84 is on file in the office of the City Clerk. • APPOINTMENT - Redding Redevelopment Agency MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ing the recommendation of Mayor Gard that Jacquelyn Waterhouse be appointed ` to the Redding Redevelopment Agency, to January 1 , 1987. The Vote: Unanimous Ayes with Councilman Kirkpatrick abstaining � I APPOINTMENT - Civic Arts Commission MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- 691 ing the recommendation of Mayor Gard that Jeff Bridges be appointed to the Civic Arts Commission, to May 1 , 1987. The Vote: Unanimous Ayes with { Councilman Kirkpatrick abstaining APPOINTMENT - Representative and Alternate Representative on LAFCO MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Councilman Demsher be reappointed as a member of LAFCO for the ensuing two-year period. The Vote: Unanimous Ayes Mayor Gard advised that on April 29, the City Selection Committee appointed her as alternate representative on LAFCO for a one-year term and it is in LP order for Council to confirm that appointment. Ql MOTION: Made by Councilman Demsher, seconded by Councilman Fulton confirm- ing the appointment of Mayor Gard as an alternate representative on LAFCO for a one-year term. The Vote: Unanimous Ayes ORDINANCE - re Planned Development Application PD-7-82 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that full reading of Ordinance No. 1636 be waived and the Deputy City Clerk be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher Ordinance No. 1636 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (PD-7-82). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1636 is on file in the office of the City Clerk. ORDINANCE - re Rezoning Application RZ-4-83 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that full reading of Ordinance No. 1637 be waived and the Deputy City Clerk be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher Ordinance No. 1637 be adopted, an ordinance of the City Council of the City ` I y of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (RZ-4-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh 5/2/83 143 Ordinance No. 1637 is on file in the office of the City Clerk. . ORDINANCE - re Rezoning Application RZ-5-83 1 MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that full reading of Ordinance No. 1638 be waived and the Deputy City Clerk be ill instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that it/t/ Ordinance No. 1638 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relat- ing to the rezoning of certain real property in the City of Redding (RZ-5-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Pugh Ordinance No. 1638 is on file in the office of the City Clerk. REQUEST TO SELL BEER - Nor-Cal Shrine Club MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving a request from the Nor-Cal Shrine Club to sell beer during their annual barbecue in Lake Redding Park on May 21 , 1983, subject to the a\5- conditions of the Parks and Recreation Director' s memo to Council dated April 28, 1983. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - Pugh III PUBLIC WORKS PLANNING REPORTS - May 1983 Public Works Director Arness submitted the Public Works Planning Reports for May 1983. He noted that the Shasta Dam Area Public Utilities District and the County of Shasta have accepted the Regional Sewage Study. Mr. Arness also pointed out that on the first Monday in June, once-a-week /Q garbage pickup will begin. He added that notices of the changes in service will be placed on garbage cans and the news media will also be announcing the changes. In response to an inquiry from Councilman Fulton, Mr. Arness advised that notices of this change have not been placed in utility bills because the bills are mailed throughout the month. He also felt that there is a certain amount of unreliability about placing notices in utility bills. SUMMONS AND COMPLAINTS Deputy City Clerk Strohmayer advised Council that the following Summons and Complaint has been received: ' a Robert M. Moreira vs. City of Redding et al Claim for Personal Injury No action was required on this matter. SETTLEMENT OF CLAIMS III Deputy City Clerk Strohmayer advised Council that the following claim has been settled by the City Insurance Carrier: Jerry Ross - Claim for Damages 1"23 Settled in the Amount of $400 No action was required on this matter. _ 5/2/83 144 AMBULANCE INSPECTION AGREEMENT Deputy City Clerk Strohmayer reviewed the memorandum from the City Attorney in regard to ambulance inspection services. An agreement was submitted -_ with the Northern California Emergency Medical Care Service, Inc. estab- lishing that agency as the one to perform annual inspections on ambulances at the rate of $100 per vehicle. 3 Councilman Demsher said this is a very satisfactory agreement and one that will protect the citizens of the community. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher approving an agreement between the City of Redding and Northern California Emergency Medical Care Services, Inc. for ambulance vehicle inspection services. The Vote: Unanimous Ayes FIELD TRIP TO VALLEY VIEW SUBDIVISION Mayor Gard noted that a date and time needs to be set for Council to take a field trip to the Valley View Subdivision to view the proposed park sites. Councilman Demsher suggested 4:00 P.M. , May 12, 1983, and Council Members /0 concurred. REQUESTS TO SERVE ALCOHOLIC BEVERAGES IN CITY PARKS Councilman Demsher referred to a memorandum to the Mayor from Parks and Recreation Director Riley, regarding requests to serve alcoholic beverages in City parks. Mr. Demsher said his view is that the City should discour- age that type of activity as much as possible, yet to allow groups who are 7willing to control their activities. He felt that the Parks and Recreation 4g.2'7`.4' Commission may have a more direct handle on these requests than the City Council . Mayor Gard asked the Deputy City Clerk to place the matter on the next City Council agenda for consideration. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: La Comida (Leslie Allen, Judith Harvey) 2037 Churn Creek Civil Aeronautics Board: Notice of Intent to Suspend Service at Redding, and Application for Exemption from 90-day Notice Provision, Republic Airlines Greyhound Lines, Inc: Notice of Approval to Increase Bus Fares Public Utilities Commission: Order Instituting Investigation ADJOURNMENT There being no further business, at the hour of 8:47 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: (04.ivo. , Ave, AsCY Ma or ATTEST: City Clerk by �e. , /' / Deputy City Clerk 5/2/83