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HomeMy WebLinkAboutMinutes - City Council - 1983-09-06 222 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California September 6, 1983 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Captain Gerald Akin of the Salvation Army. 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, Elec- tric Director Lindley, Public Works Superintendent Galusha, Housing and Redevelopment Administrator Henson, Assistant City Engineer Lang, Finance Director Downing, Director of Personnel Services Bristow, Director of Data Processing Kelley, Senior Associate Planner Keaney, Airports Director Homan, Convention & Visitors Bureau Director Heuer, Associate Planner King, Tourism Manager Sharp, Deputy City Clerk Strohmayer, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of August 15, 1983 Special Meeting of August 29, 1983 Approval of Payroll and Accounts Payable Registers - Recommend that Accounts Payable Register No. 5, check nos. 92881 through 93334 inclusive, in the amount of $1 ,662,851.68, be approved and paid; and Payroll Register No. 4, check nos. 179316 through 179966 inclusive, in the amount of $487,400.36, for the period July 31 , 1983 , through August 13, 1983, be approved; and, Payroll Register No. 5, check nos. D 179967 through 180593 inclusive, in the amount of $451 ,265.02, for the period August 14, 1983, through August 27, 1983, be approved. Total : 2,601 ,517.06 Treasurer' s Report - July 31 , 1983 .'rota] Treasurer' s Accountability - $16,52.0,383.58 Claims for Damage and Personal Injury - 1st Hearing Robert & Lisa Murphy - Application to File Late Claim for Personal Injury, filed August 22, 1983 Recommend denial and refer to Insurance Carrier Award of Bid - Three Load Break Switches City Manager recommends that Bid Schedule No. 1468, three (3) load 4 break switches, be awarded to S & C Electric Company, the sole bidder, in the amount of $12,605.89, sales tax included. Award of Bid - Two Diesel Engine Re-Power Packages City Manager recommends that Bid Schedule No. 1469, two diesel °9 engine-re-power packages, be awarded to G.C.S. , Inc. , on its low bid J in the amount of $22,756, sales tax included. Award of Bid - Aluminum Underground Cable City Manager recommends that Bid Schedule No. 1470, aluminum under- ground cable, be awarded to General Electric Supply Company, on its low bid in the amount of $19,971 .04, sales tax included. fL 9/6/83 223 Request for Purchase - Four Door Sedan City Manager recommends approval of the purchase of one four-door "' sedan from the Hertz Corporation, not to exceed $6,500, sales tax 621+9' included. BLM Land Application - Redding Gun Club Planning Director recommends that staff be authorized to prepare an application transfer of BLM land located 2.3 miles southwest of Benton Airpark to the City for public purposes , including a public firing range (Redding Gun Club) ; also, to prepare the necessary environmental reviews , and to try to include the property in an annexation to the City, subject to resolution of the City' s landfill requirements prior to entering into any lease agreement or acceptance of the land and the ; Gun Club' s responsibilities. .! C A Set Public Hearing - Planned Development Application PD-1-83 Planning Director recommends that a public hearing be set for 7:30 P.M. , September 19, 1983 , to consider Planned Development Application l(VC PD-1-83, by Don Duryee, et al . Set Public Hearing - Rezoning Application RZ-14-83 , Gregory Lenser and City of Redding �( Planning Director recommends that a public hearing be set for 7:30 J P.M. , September 19, 1983, to consider Rezoning Application RZ-14-83, by Gregory Lenser and City of Redding. Set Public Hearing - Rezoning Application RZ-15-83, by City of Redding Planning Director recommends that a public hearing be set for 7:30 I U P.M. , October 3, 1983, to consider Rezoning Application RZ-15-83, by City of Redding. 1111 Set Public Hearing - "AA" Accessory Apartment Combining District Planning Director recommends that a public hearing be set for 7:30 1 U C( P.M. , September 19, 1983 , to consider amendment of the Municipal Code pertaining to "AA" Accessory Apartment Combining District. Resolution - re Lot Line Adjustment LS-45-83 Planning Director recommends that Resolution No. 83-167 be adopted, a , resolution of the City Council of the City of Redding waiving the / OP ' requirement of a parcel map for Lot Split Application No. LS-45-83, by . Mountain Shadows Mobilehome Park. Annexation Request No. 83-5 - Rancheria Road Planning Director recommends that Annexation Request No. 83-5, �_ Rancheria Road, be referred to the Police, Fire, Electric and Public Works Departments for review and comment. Public Access Channel Advisory Board - Appointment of Representative Planning Director recommends that Jan Maurer be appointed as the (, City's representative to serve on a public access channel advisory board, the purpose of which is to develop rules, conditions of its use, and other matters pertaining to its operation. Contract - 1983 Orthophoto Mapping Public Works Director recommends that the City Manager be authorized 3 / 0 - Ill to execute the contract with CH2M Hill for orthophoto mapping for the year 1983, at a total contract price of $27,756. Agreement - Municipal Airport Taxiway Public Works Director recommends that the City Manager be authorized to execute an agreement with Materials Testing and Inspection (MTI) I � 9/6/83 224 providing materials testing for construction of Municipal Airport taxiway AIP Project No. 3-06-0194-01 . Notice of Completion - Installation of Pump Assembly Public Works Director recommends that Bid Schedule No. 1453, installa- tion of pump assembly at Well No. 6A, be accepted as satisfactorily _3 completed, and that the City Clerk be instructed to file a Notice of `� Completion. Notice of Completion - Construction of Airpark Drive Extension Public Works Director recommends that Bid Schedule No. 1458, con- struction of Airpark Drive extension, be accepted as satisfactorily completed, and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Heater-Remixing Various Streets Public Works Director recommends that Bid Schedule No. 1461 , heater- remixing various streets in the City of Redding, be accepted as satisfactorily completed, and that the City Clerk be authorized to `' `r file a Notice of Completion. Notice of Completion - 1983 Slurry Seal Program Public Works Director recommends that Bid Schedule No. 1462, 1983 Slurry Seal Program, be accepted as satisfactorily completed, and that the City Clerk be authorized to file a Notice of Completion. Notice of Completion - Victor Avenue & Other Streets Sewer Assessment District No. 1982-5 Public Works Director recommends that Bid Schedule No. 1423, Victor Avenue and Other Streets Sewer Assessment District No. 1982-5, be Li3 accepted as satisfactorily completed, and that the City Clerk be authorized to file a Notice of Completion. 1 Notice of Completion - Kenyon Drive Sewer Assessment District Public Works Director recommends that Bid Schedule No. 1437 , Kenyon Drive Sewer Assessment District, be accepted as satisfactorily com- pleted, and that the City Clerk be authorized to file a Notice of (06 ig Completion. Award of Bid - Widening of Hartnell Avenue at Bechelli Lane Public Works Director recommends that Bid Schedule No. 1472 , widening of Hartnell Avenue at Bechelli Lane, be awarded to Robert J. Frank on 5 (p his low bid in the amount of $26,956.50. Resolution Accepting Streets and Acceptance of Improvements - Golden Heights Subdivision, Unit 2 Public Works Director recommends that Resolution No. 83-168 be adopt- . 4)/ ed, a resolution of the City Council of the City of Redding accepting for maintenance and operation a portion of Sherman Way in the Golden /0Heights Subdivision, Unit No. 2. It is further recommended that the improvements in the Golden Heights Subdivision, Unit No. 2, be accepted as satisfactorily completed, and that the City Clerk be instructed to return the securities to the developer. Resolution Accepting Streets and Acceptance of Improvements - LS-27-82, Goodwater Avenue C Public Works Director recommends that Resolution No. 83-169 be L/� adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation a portion of Goodwater Avenue, located in Parcel Map LS-27-82. 9/6/83 225 It is further recommended that the improvements in Goodwater Avenue parcel map be accepted as satisfactorily completed. Resolution Accepting Streets and Acceptance of Improvements - LS-11 -83, LS-15-83, LS-23-83, and LS-24-83, Wilson Avenue and Jasmine Way Public Works Director recommends that Resolution No. 83-170 be adopted, a resolution of the City Council of the City of Redding co G) accepting for maintenance and operation Jasmine Way and a portion of Wilson Avenue, located in Parcel Maps 11-83, 15-83, 23-83 and 24-83. It is further recommended that the improvements in Parcel Maps 11 -83, 15-83, 23-83, and 24-83 be accepted as satisfactorily completed. Resolution - re Abatement of Property at 3054 School Street City Attorney recommends that Resolution No. 83-171 be adopted, a resolution of the City Council of the City of Redding approving and `� confirming report and account of the cost of abatement of unsafe 3 buildings and debris on the Hoheisel , et al , property, 3054 School Street. a Training Contract - Department of California Highway Patrol re Hazard- ous Materials City Attorney recommends approval of a contract between the City of / ) Redding and the Department of California Highway Patrol wherein the City is to provide an instructor to train various law enforcement and public service agencies in the handling of hazardous materials. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. • Voting was as follows: 11 Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 83-167, 83-168, 83-169, 83-170, 83-171 , are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Communication from Regis Halter - re Private Parties in City Parks A letter was received from Regis Halter regarding the ordinance requiring permits for consumption of alcoholic beverages in City parks. He felt that the cost of insurance and the cleanup fee is 25-,,2 restrictive to most individuals who wish to have small private parties. Mr. Halter suggested certain changes in the ordinance that would make it more reasonable for private parties and families to ' serve alcoholic beverages in City Parks. Councilman Pugh suggested that the request be referred to staff. Mayor Gard commented that possibly someone in the group who is on the tax rolls could sign as the responsible party rather than charging a cleanup deposit. Councilman Demsher noted that the main concern is that the intended purpose is accomplished. He said the cleaning deposit is set according to the cost of cleaning up after a group and he suggested that possibly a smaller deposit should be considered for family and private parties. With the concurrence of Council , the matter was referred to staff and the City Attorney was also asked to make a recommendation. Letter and Petition from Property Owners in Woodside Meadows d A letter and petition was received from property owners in the C 9/6/83 226 Woodside Meadows Subdivision regarding uncompleted landscaping requirements in the area. The Public Works Director advised that staff has met with the devel- oper to discuss the total landscaping requirements and a planting plan is expected to be submitted to the Planning Department very shortly. He noted that the submission and completion of the landscaping 111 requirements influences the subdivision' s acceptance. Letter of Resignation - Duane Couts, Airport Commission A letter of resignation was received from Duane Couts, from the Redding Airports Commission. He advised that present business and other obligations prevent him from continuing. /U/1 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick accepting the resignation of Duane Couts from the Airports Commission , effective August 25, 1983. The Vote: Unanimous Ayes Application as Stockholder - Casino Club Cardroom Deputy City Clerk Strohmayer advised that Robert L. Pleines, who recently became a stockholder in the Casino Club, has applied for a Cardroom Permit. .His application was submitted to Council along with a memorandum from the Police Chief. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton approving the issuance of a Cardroom Permit for Robert L. Pleines to operate the Casino Club in partnership with Mr. Jim Westberg and Mr. Wayne Harris. The Vote: Unanimous Ayes Petition from Coalition of Concerned Citizens for Quality of Life - re Opposing Pornography A petition containing the signatures of approximately 3,750 Redding area residents was filed by the Coalition of Concerned Citizens for -id Quality of Life supporting all efforts made by the City Council to enforce any and all ordinances restricting the establishment of the proposed adult bookstore, and further supporting the development of City ordinances which would eliminate future establishments selling pornographic material . This was an information item and no action was taken by Council . Note: At a later point in the meeting, further discussion ensued regarding this petition. Communication from Wallace L. Maso - re Drainage Problems on Dusty Lane A letter was received from Wallace L. Maso regarding flooding problems at their home at 1251 Dusty Lane. A list of other affected property owners was also submitted. Mr. Maso felt that this situation is being /° caused because of the lack of proper drainage improvements in new subdivisions to the north and east of Dusty Lane. A response from the Public Works Director was also submitted. He indicated that the drainage problems on Dusty Lane were occurring prior to the development of the Woodside Meadows Subdivision and were also experienced last winter. Mr. Arness advised that at a previous Council meeting, some possible solutions were discussed such as the development of an assessment district or that the City fund the improvements. He said that the design of the improvements needed in the area has been completed and will cost an estimated $44,000. 9/6/83 227 It is the recommendation of the Public Works Director that the abut- ting property owners participate in the project in an amount equal to the upstream and downstream construction costs of channel work, and the City fund the remaining costs. Mayor Gard said this matter has been addressed several times this year and asked if anyone has spoken to the people in the area to see if they would be agreeable to an assessment district. Councilman Kirkpatrick asked how many people would be involved in the assessment district. Mr. Arness advised that he does not believe that a neighborhood meeting has been held. He also noted that possibly as many as six property owners would be involved in the assessment district. Councilman Kirkpatrick stated that he had a phone call this evening from a person requesting a chance for the people to give input to this matter. He added that if assessment district proceedings are initi- ated, a public hearing will be required which would provide an opportunity for public input. Mr. Arness said that he could schedule a meeting in the neighborhood where property owners could decide whether or not they wish to sign a petition initiating assessment proceedings. Council Members concurred that a neighborhood meeting should be scheduled. Councilman Pugh commented that this is not going to be the only problem of this kind in this area, and that the City was aware at the time of annexation that provisions had not been made for storm drainage. He said this is something that the City will have to deal with now and in the years to come. City Attorney Hays advised that this area is within the Redevelopment Area. Mayor Gard concurred and emphasized that flooding is one of the reasons for including this in the area and the problem was addressed in the redevelopment plans. Planning and Community Development Director Perry noted that the Dusty Lane area is not in the Redevelop- ment Area but properties north of Highway 44, which are in the Rede- velopment Area, are contributing to the drainage problem. Public Works Director Arness advised Council that he would report back to Council with the results of the neighborhood meeting. a Mr. Wallace Maso, 1251 Dusty Lane, was present and re-emphasized his concerns. Mr. Jim Holst, nextdoor neighbor to Mr. Maso, said he is also affected by the flooding and submitted a petition containing 24 names of other affected property owners. WATERFALL AND OTHER AREAS SEWER ASSESSMENT DISTRICT NO. 1983-8 Special Bond Counsel Sperry submitted the following items for filing and adoption: Petition &/z _ Ill Certificate re Petition Resolution - Accepting Petition j MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 83-172 be adopted, a resolution of the City Council of the City of Redding accepting petition in Waterfall and. Other Areas Sewer Assessment District No. 1983-8. 1 1 4 9/6/83 228 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-172 is on file in the office of the City Clerk. Boundary Map Resolution - Approving Boundary Map MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 83-173 be adopted, a resolution of the City Council of the City of Redding approving the boundary map for Waterfall and Other Areas Sewer Assessment District No. 1983-8. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-173 is on file in the office of the City Clerk. Resolution - Approving Agreement for Engineering Services MOTION: Made by Councilman Pugh , seconded by Councilman Fulton that Resolution No. 83-174 be adopted, a resolution of the City Council of the City of Redding approving the agreement for engineering services in Waterfall and Other Areas Sewer Assessment District No. 1983-8. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-174 is on file in the office of the City Clerk. Resolution - Approving Agreement for Legal Services MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 83-175 be adopted, a resolution of the City Council of the City of Redding approving the agreement for legal services in Waterfall and Other Areas Sewer Assessment District No. 1983-8. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-175 is on' file in the office of the City Clerk. Resolution - of Intention to Order Improvement MOTION: Made by Councilman Pugh, seconded by Councilman Fulton that Resolution No. 83-176 be adopted, a resolution of the City Council of the City of Redding of intention to order improvements in Waterfall and Other Areas Sewer Assessment District No. 1983-8. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-176 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-11-83, Located on Terrace Street MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that l (J full reading of Ordinance No. 1647 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes 9/6/83 • 229 MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that Ordinance No. 1647 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-11-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1467 is on file in the office of the City Clerk. ORDINANCE - Rezoning Application RZ-12-83, Located in the Cockerill Acres Area Along Alta Mesa MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1648 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes U Cf MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Ordinance No. 1648 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-12-83) . Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1648 is on file in the office of the City Clerk. ORDINANCE - Pertaining to Parking Time Limits MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that full reading of Ordinance No. 1649 be waived and the City Attorney be instructed to scan same. The Vote: Unanimous Ayes MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Ordinance No. 1649 be adopted, an ordinance of the City Council of the j City of Redding amending Chapter 11 .28 of the Redding Municipal Code by /0 repealing Section 11 .28.060C of said Chapter 11 .28 and substituting There- for a new Section 11 .28.060C of Chapter 11 .28, pertaining to parking time limits. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Ordinance No. 1649 is on file in the office of the City Clerk. RESTORATION OF OLD CITY HALL - Council Subcommittee Report Councilman Demsher, Chair of the Council Subcommittee on Old City Hall , submitted a status report dated September 1 , 1983 , on the use and restora- tion of Old City Hall . He explained that the City has been struggling for < a long time with the use of the Old City Hall and has looked at several 5 different possibilities. He said the Committee is searching for a public use of the building, such as a performing arts activity of some kind. Mr. Demsher said he has had the opportunity to meet with some people who are ' interested in performing arts. He noted that there is a significant interest in converting the building to a performing arts center for two reasons, 1 ) to make use of the building in a way that would serve the public in a broad sense, and 2) the block needs some type of focal point and this could provide that need. 9/6/83 230 Councilman Demsher related that the Committee feels it might be a good idea to form a citizens committee to obtain ideas and see if it is feasible to move in the direction of a multimedia and performing arts center. He noted that the initial reports indicate that the building has a potential for a 120 to 150 seat theater. Marlene Sorum, 2399 Wilson, a member of the Civic Arts Commission, said the Commission would be very supportive of this type of activity and would like to give its input. She emphasized that theatrical buildings have some specific problems, especially if a multi-use center is being considered. Phyllis Turner, 5695 Kittyhawk Lane, said she would like to work with the various groups to develop a plan. She favored the maximum economical return and a building which would reflect the history of Old City Hall . Mayor Gard suggested that it would seem appropriate to refer this to the Civic Arts Commission for further study. MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that the recommendation of the Council Subcommittee on Old City Hall be referred to the Civic Arts Commission; and, that the City Manager and the Subcom- mittee obtain names of potential Citizen' s Committee members for Council ' s consideration. The Vote: Unanimous Ayes PETITION OPPOSING PORNOGRAPHY - Coalition for Quality of Life Alan Russell , 480 Rockwood Circle, addressed Council regarding the previ- ously submitted petition from the Coalition for Quality of Life opposing pornography. He said they are asking Council to develop ordinances to get these businesses out of the City of Redding. Councilman Kirkpatrick stated that the City has developed an ordinance and is pursuing it in the court system at this time. He expressed his appre- ciation for the support of this group and said the City will continue to 5(9 pursue the matter in every way that is available to it. s Mr. Russell stated that the Supreme Court has said that obscenity is not protected by the First Amendment. Mayor Gard commented that when the City developed the ordinance regulating adult bookstores, there were numerous public hearings. She said the ordinance was thoroughly researched and based on an ordinance which has been court tested. Mr. Russell advised that the City of Sacramento has adopted ordinances which have eliminated many of their adult bookstores and they have invited Redding officials to discuss this with them. Council Members concurred that they have not received such an invitation. City Attorney Hays responded that he believes the ordinances referred to by Mr. Russell have been adopted by Sacramento County and are considered "moral abatement statutes" which do not prohibit bookstores from existing, but require them to relocate. He said these ordinances do not eliminate adult bookstores from the community. Mr. Hays advised that the Supreme Court has determined that obscenity is allowed to be banned but pornography is not allowed to be banned. He said the City is struggling now to uphold the ordinance that we have which sets up limited areas for their existance. Mr. Russell emphasized that the petition is asking the Council to adopt ordinances to eliminate adult bookstores from the Redding area and enforce the laws which ban obscenity. He stated that he has gone into the store 9/6/83 231 and purchased some of the material and taken it to the Police Department and to the District Attorney' s Office and nothing has been done. Councilman Kirkpatrick asked Mr. Russell if he is saying that there is a law being broken now, and if so, why did he not make a citizens arrest. Mr. Russell advised that he did not know how to make a citizens arrest. The City Attorney advised that obscene material is a crime under California law today and that both he and the Police Chief have encouraged that prosecution go forward under this law. Mr. Hays explained that the mater- ial considered to be obscene must be submitted to the District Attorney who will determine if a criminal complaint will be filed. Councilman Pugh concurred that if crimes are being committed and referred to the District Attorney' s Office, then we can proceed from there. The City Attorney reiterated that it is neither the City Council nor the City Attorney who determines if a criminal action will be filed. He said the Chief of Police has indicated that his department is monitoring the sale of materials at the adult bookstores. PUBLIC HEARING - re General Plan Amendment GPA-7-82, Quartz Hill Area Plan The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re General Plan Amendment GPA-7-82, Quartz Hill Area Plan. 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 September 2, 1983 /N The Deputy City Clerk advised that no written protests have been received other than the ones included in the Council packets. Planning and Community Development Director Perry reviewed his memo- randum to Council dated September 2, 1983. He stated that the Plan- ping Commission unanimously recommended approval of the Quartz Hill Area Plan. Maps of the area were shown on the Vu Graph and were posted on the wall . Mr. Perry noted that Council has previously received copies of the final EIR-2-82 for the project. He also noted that approximately one-half of the plan amendment area is currently within the corporate City limits, and the remainder of the area is within the adopted Sphere of Influence for Redding. 1 Mr. Perry reviewed the five alternative plans considered by the A Planning Commission, as well as the proposed policies for the area which are more specific than land-use policies currently applied in 1 Redding to reflect the uniqueness of the Quartz Hill area. It is the recommendation of the Planning Commission and staff that Council adopt a resolution which certifies and makes the appropriate findings pertaining to the EIR for the project; and, approve the Quartz Hill Area Plan (Alternative No. 3) . Esther George, 1030 Quartz Hill Road, stated she owns the property which is designated commercial . Ms . George felt that the majority of the people in the area are not in favor of this plan at this time and are opposed to high-density subdivisions. She also felt the cost factor for putting sewers in the area would be prohibitive. Ms. George opposes the General Plan Amendment at this time. 9/6/83 232 • Mayor Gard asked the Planning Director to explain the General Plan Amendment procedure. Mr. Perry advised that the City has received requests for annexation from property owners in the area and there needs to be plan on the books which reflects the development potential of the land so that people know what they are getting into prior to annexation. He explained that the purpose of the plan is to establish land-use policies that will hopefully stand up for the next ten to twenty years. Mr. Perry emphasized that the only time the plan would be implemented is in the case of annexation to the City of Redding and, only if the County approves the land-use designations. Valain Parnell , 1198 Quartz Hill Road, said she would like the area to remain rural and asked if they, as residents, have any say about how the plan is adopted. She stated that they have a beautiful panoramic view from their property and would like to keep it that way. Robert Rehberg, attorney representing Mr. LaBella and other property owners in the northwest corner of the plan area, advised that his clients support the recommendation made by the Planning Commission with the exception of the area included in the Quartz Hill Water District which is outside the regional sewer boundary. Mr. Rehberg contended that the properties have been assessed for the water dis- trict but the ground will not carry more than one unit per five acres. He requested that rather than resolving the problem with a general plan amendment, that there be a one and two units per acre designation given, only on that portion of the property which is within the water assessment district and is outside the sewer boundary. Ralph McMeekin, 1970 Quartz Hill Road, said this is an expensive plan to surrounding property owners. He felt that the developer does not pay for the necessary improvements since his costs are recovered from buyers, but that the property owners must pay. Mr. McMeekin asked that the Planning Commission recommendation be modified. Bob Scott, 1664 Quartz Hill Road, stated that the Council is in a unique position. He said they are asking Council to listen to what the residents have asked for even though the City has no jurisdiction over them. Mr. Scott indicated that he had petitions which express the wishes of 100% of the residents in the area who oppose Alternative No. 3. He said they ask that they be allowed to enjoy the quality of life that they now have, and that Council consider the financial burden that will be placed upon the current residents. Mr. Scott felt that by adoption of Alternative No. 3, this will discourage any development in that area other than three units per acre and the developers burden will be minimal while the property owners' will be great. He noted that Mr. LaBella is responsible for 51% of the water district, yet he has not paid for his assessment or his property taxes for several years. He feels the plan is unfair and that the current residents are being "sold out." Councilman Pugh replied that some of the points made by Mr. Scott and other property owners are well taken. However, he noted that, as in the Dusty Lane area which is now in the City, the drainage problems occurred while the property was under the County's jurisdiction, not the City' s. He said the City is trying to avoid problems before annexation. And, since there is a good likelihood that this area will be annexed by residents' request, the City wants it to be developed to City standards. Mr. Merle Paisley, Oak Run, advised that he owns property in the Quartz Hill area. He said he sold his home about the time that the Quartz Hill Water District was constructed because he opposed the 1F r 9/6/83 233 financial arrangements for the project. He said that when he at- tempted to pay off his assessment, he was told he would have to pay the interest for the 40 year period. Mr. Paisley said he loved the rural area but was forced to move because of the financial hardship. He felt that his fate is being predetermined on property that is not even in the City of Redding. Herb McGetrick, 15560 Sugar Cone Lane, Mt. Shasta, advised that he and his three partners who are represented by Mr. Rehberg, have been residents in this area for many years. He emphasized that they are not out-of-town developers and they do pay their necessary dues. Mr. McGetrick emphasized that the 150, acres which is next to the border of the City of Redding is the area he wants to develop. He said he would like to develop the property under an adequate plan and the plan as recommended would be a good protection to everyone. Tom Gillett, 1051 Quartz Hill Road, stated that since he has lived in the Quartz Hill area , he has been inundated with requests to annex to the City and participate in assessment districts totalling over $10,000. He said the General Plan is supposed to offer an area affordable housing. He feels there should be community input and feels frustrated about what is happening in the Quartz Hill area. Mr. Gillett stressed that he moved there to get away from subdivisions. He added that if Plan 3 is adopted, sewers will be necessary and they will have to pay for them. He said many of the residents are retired and on a fixed income. Mr. Gillett felt that the people who live in the area are entitled to maintain the lifestyle they choose. Audrey Hatt, Pine Oaks Drive, felt that if developers want to develop their property, they should not interfere with the residents that are already there. She felt the developer should pay for the improve- ments. Mr. Perry explained the assessment district procedure and advised that those who did not wish to hook up to the system did not have to. Charles Durrell , 1230 Canby, advised that he is involved in some property on Quartz Hill Road. He felt that the area has got to expand and what we are talking about here is a plan for that development. He said anyone with large parcels may keep them, and everyone will benefit from the plan. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that the public hearing be closed. The Vote: Unanimous Ayes 5 1 Councilman Fulton asked what guarantee we have that the County will agree with this plan if it is accepted by the City. Mr. Perry advised that there is no guarantee that the County will approve the plan. Mayor Gard stressed that the County already has a 1 .5 to 3 unit per acre designation on the property. Mr. Perry concurred and added that this plan is trying to refine that and reduce the number of units per acre.11 Councilman Kirkpatrick noted that it is ironic that Council is con- sidering this matter and the Dusty Lane situation at the same meeting, and that the Dusty Lane situation is just what the City is trying to avoid here. The Planning Director emphasized that nothing the City does has any binding effect on the property outside the City of Redding, but if the 9/6/83 234 area wants to annex, it will annex under these rules. The County can develop as they wish and the development of the area may or may not affect the existing residents. Mr. Perry explained that as long as the residents don' t use the services, they don't have to pay. He also explained that if that land develops now, the public hearings will be held by the County, but the areas which are in the City will be developed at City standards. Discussion ensued regarding the City' s obligations for annexing properties which it may not wish to annex and the City Attorney advised that the City can be forced into accepting annexations whether or not they are wanted. LAFCO, he advised, makes the final decision. Councilman Demsher stated that this is a situation where annexation is very likely and Council cannot be uncommitted. He pointed out that the City has inherited some interesting problems from areas east of Enterprise which were not expected to be annexed. Mr. Demsher emphasized that the City must give some input as to what the configuration of development should be in the Quartz Hill area , though he has sympathy for those who are opposed. Mayor Gard maintained that the specific policies applied to this General Plan Amendment are a positive thing and are the kind of policies the City has been doing in other similar areas. She em- phasized that they afford protection for the area. Councilman Pugh said his only concern is how the density levels were determined for the property within the water district. Mr. Perry advised that when the City offered to take over the water district, it was agreed that the area would meet the City' s General Plan designation which is one unit per five acres. Senior Associate Planner Keaney commented that the residents in the area favored Alternative 1 with a minor modification deleting all urban densities to the north of Keswick Dam Road and designating the area five acre minimums. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-17,g7be adopted, a resolution of the City Council of the City of Redding amending the General Plan of the City of Redding by adopting General Plan Amendment GPA-7-82, and certifying EIR-2-82. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, 5 and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-177 is on file in the office of the City Clerk. PUBLIC HEARING - re Rezoning Application. RZ-13-83, by City of Redding The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Rezoning Application RZ-13-83 , by City of Redding. The following documents are on file in the office of the City Clerk: 0-1(1 Affidavit of Mailing - Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing Planning Commission recommendation dated August 29, 1983 9/6/83 235 The Deputy City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry reviewed his memo- "' to Council dated August 29, 1983. He stated that the Planning Commission has unanimously recommended the rezoning of property generally located south of Caterpillar Road, east of the Southern Pacific Railroad main-line, and west of Highway 273, from "U" and "U-F" Unclassified District and "M-2-F" industrial District to "R-1 " and "R1-ST" Single-Family Residential District and "U" Unclassified District. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . It is the recommendation of both the staff and the Commission that the area be rezoned 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 Demsher, seconded by Councilman Fulton that Council makes the following findings re Rezoning Application RZ-13-83: 1 . Project is compatible with the Redding General Plan. 2. Project will not significantly alter existing land form. The finding is predicated upon the application of the following mitigative measure to the project: a. Number of lots to be reduced based upon encroachment of 100-year flood into project site. Density figured at four units per acre on buildable area. 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 July 13, 1983. The Vote: Unanimous Ayes Councilman Demsher offered Ordinance No. 1650 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-13-83) . PUBLIC HEARING - re Resolution of Public Convenience and Necessity Pertain- ing to Pump Plant No. 4 Transmission Main Project The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public hearing re Resolution of Public Convenience and Necessity Involving Pump Plant No. 4 Transmission Main Project. The following documents are on file in the office of the City Clerk: 11 Affidavit of Mailing - Notice of Public Hearing The Deputy City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. 9/6/83 - -1 236 City Attorney Hays advised that the acquisition of certain portions of pieces of property is needed for public improvements, to wit: ease- ments for the extension of water lines in the Pump Plant No. 4 Trans- mission Main Project. It is the recommendation of the City Attorney that Council make a finding of public convenience and necessity by adopting a resolution which authorizes the filing of the necessary eminent domain action to obtain possession of the property. Mr. Hays noted that one of the property owners has already agreed to sell his property to the City and Mr. Hays expects the other property owner will also agree. He said adoption of this resolution is being recommended in the event that eminent domain actions will be neces- sary. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes Resolution MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton that Resolution No. 83-178 be adopted, a resolution of the City Council of the City of Redding finding that the public convenience and necessity require the acquisition of certain real property interests for public improvements, to-wit: easements for the extension of water lines in the Pump Plant No. 4 Transmission Main Project (Erick K. Furedy and Terry Lee Weimer). Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution No. 83-178 is on file in the office of the City Clerk. 1 MAYOR GARD - League of California Cities Special Board Meeting Mayor Gard reported on her recent League of California Cities Special Board Meeting. She stated that the League has agreed to go on record to support g °p CSAC's position on state funding for local governments and that is the permanent repeal of the AB 8 Deflator and the reallocation of a portion of the sales tax. Mayor Gard asked Council Members to be thinking about whether or not the City of Redding should be a "direct member city" to the National League of Cities, in order to have a larger vote in trying to steer that organization in a direction which is more supportive of California's interests. E RESOLUTION - re Electric Utility Rates Electric Director Lindley advised that at the last Regular City Council meeting, the Electric Department provided information regarding the proposed electric utility rate increases. He advised that it is in order at this time to consider the resolution which establishes the new rates. a c)2' MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher that Resolution No. 83-179 be adopted, a resolution of the City Council of the City of Redding establishing electrical utility rates for service to customers within the corporate limits of the City of Redding. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None 9/6/83 237 • • Resolution No. 83-179 is on file in the office of the City Clerk. ORDINANCE - Caterpillar Road Underground District Planning and Community Development Director Perry advised that at the City Council Meeting of August 15, 1983, Council directed an ordinance be prepared for formation of an underground district in the Caterpillar Road l 36" area. It is the recommendation of staff that the ordinance be offered for first reading at this time. Councilman Pugh offered Ordinance No. 1651 for first reading, an ordinance of the City Council of the City of Redding declaring a certain area of the City an underground utility district in accordance with the provisions of Chapter 14.04 of the Redding Municipal Code and requiring the removal of poles, overhead wires and associated overhead structures, within the boundaries of said district and fixing the time for said removal and the time within which property owners within the district must be ready to receive underground service. TOURIST BUREAU BUILDING - Authorization to Prepare Plans Councilman Pugh abstained from voting on this matter. Planning and Community Development Director Perry presented the conceptual plans for the Visitors and Convention Bureau. He explained that the site • for the proposed building is between the freeway and the south leg of C0 2-- Auditorium Auditorium Drive. He added that the plans meet the standards established for the building. It is the recommendation of staff that Council authorize the preparation of construction drawings and that the project be advertised for bids. Mr. Perry noted that funds were budgeted for 1983-84 to construct the building and to do the related site work. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher authorizing the preparation of construction drawings for the proposed Visitors and Convention Bureau, and that the project be advertised for bids. The Vote: Unanimous Ayes with Councilman Pugh abstaining TENTATIVE SUBDIVISION MAP - S-15-83, Lake Forest Estates Subdivision Council was advised that the Planning Commission has granted permission to subdivide 4.7 acres into 33 single-family lots, located at 1011 Lake /01 Boulevard, described as Tentative Subdivision Map S-15-83, Lake Forest 4 Estates Subdivision. A map of the area was shown on the Vu Graph and Council was given a copy of the conditions of approval . This was an information item. SET PUBLIC HEARING - Tentative Subdivision Map S-12-83, Woodhaven Homes Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick /0 5' that a public hearing be set for 7:30 P.M. , September 19, 1983, to consider the appeal of Tentative Subdivision Map S-12-83, Woodhaven Homes. The Vote: Unanimous Ayes with Councilman Pugh abstaining 4 SET PUBLIC HEARING - re Proposed Water Rate Increases Public Works Director Arness submitted the proposed water utility rate 3l increases. He recommended that a public hearing be set for September 19, 1983, to consider the proposal . MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that a public hearing be set for 7:30 P.M. , September 19, 1983, to consider the proposed water utility rate increases. The Vote: Unanimous Ayes 3--T7 NOTICE OF COMPLETION - Calexico Drive Street Assessment District 1983-4 Councilman Pugh abstained from voting on this matter. 9/6/83 238 MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1430, Calexico Drive Street Assessment District 1983-4, be accepted as completed satisfactorily, and that the City Clerk be instructed to file a Notice of Completion. The Vote: Unanimous Ayes with Councilman Pugh abstaining AWARD OF BID - Mary Lake Excavation Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Bid Schedule No. 1476 be awarded to Cox & Cox Construction Co. , Inc. , on its low bid in the amount of $26 ,100, and that a supplemental appro- priation be authorized for this work. The Vote: Unanimous Ayes with Councilman Pugh abstaining ACCEPTANCE OF FINAL MAP, STREETS, AND IMPROVEMENTS - Sunset West Subdivi- sion Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick o 3 that improvements be accepted in Sunset West Subdivision as completed / ,, satisfactorily, and that the City Clerk be instructed to file the map with the Shasta County Recorder. Resolution MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick that Resolution No. 83-180 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Sunkist, Sunflower, Sunlight, Sunday and Sunbird Courts and Sunriver Lane, all in the Sunset West Subdivision. 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. 83-180 is on file in the office of the City Clerk. ACCEPTANCE OF FINAL MAP - Redding Valley View Estates Subdivision, Unit No. 1 Councilman Pugh abstained from voting on this matter. r MOTION: Made by Councilman Demsher, seconded by Councilman Fulton approv- ��l ing the final map, authorizing the Mayor to sign the Subdivision Agreement, and instructing the City Clerk to file the map with the Shasta County Recorder. The Vote: Unanimous Ayes with Councilman Pugh abstaining SECURITY AGREEMENT - North State Security Patrol for Municipal Airport Councilman Pugh abstained from voting on this matter. MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher C approving an agreement with North State Security Patrol for security Ii services at the Redding Municipal Airport. The Vote: Unanimous Ayes with Councilman Pugh abstaining SUMMONS AND COMPLAINTS The City Attorney advised that the following Summons and Complaints have F been received: Ed & Nyla Webb vs. City of Redding et al Claim for Damages Southern Pacific Transportation Co. et al vs. Board of Equalization, City of Redding et al 193 Claim for Damages 9/6/83 - 239 ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: W. G. Wag' s (Nina & Wallace Wagner) 1109 Hartnell Avenue, Ste. 16 La Palomar (Mary & Robert Luera) 111 2787 Bechelli Lane Castle Lounge (Grace & Joseph Brugaletta) 1647 Hartnell Avenue Dandy Lion Florist (Joann & Robert Moore) 1616 Market Street Shasta-Cascade Wonderland Association: Publicity Public Utilities Commission: Application of PGandE re Sale of Electric Distribution Facilities to City of Redding Application to Decrease Gas Rates Application by Trailways, Inc. to Increase Fares Amended Application by Telpak to Increase Rates Letter from David & Frances Rogers re Flight Paths at Redding Municipal Airport RECESS At the hour of 9:20 P.M. , the meeting was recessed to conduct the business of the Redding Housing Authority. The meeting was reconvened at 9:22 P.M. EXECUTIVE SESSION - re Personnel Matters At the hour of 9:22 P.M. , Mayor Gard adjourned the meeting to executive session to discuss personnel matters. The meeting was reconvened at 10:14 P.M. ADJOURNMENT There being no further business, at the hour of 10:14 P.M. , Mayor Gard declared the meeting adjourned. APPROVED: c-2- anxtaArk ,GA),,_91CLAJOayor ATTEST: �-o . //1 ) Deputy City Clerk 9/6/83