HomeMy WebLinkAboutMinutes - City Council - 1983-10-17 279
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City Council , Regular Meeting
Police Dept. & Council Chambers
Redding, California
October 17, 1983 7:00 P.M.
The Pledge of Allegiance to the Flag was led by Finance Director Downing.
The invocation was offered by Pastor James Ledbetter of the First Baptist
Church.
The meeting was called to order by Mayor Gard with the following Council
Members present: Demsher, Fulton, Kirkpatrick, Pugh, and Gard. Council
Members absent: None •
Also present were City Manager Courtney, City Attorney Hays, Public Works
Director Arness, Planning and Community Development Director Perry, Elec-
tric Director Lindley, Housing and Redevelopment Administrator Henson,
Finance Director Downing, Senior Associate Planner Keaney, Accountant
Masingale, City Clerk Nichols, and Minute Clerk Rupp.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calen-
dar:
Approval of Minutes - Regular Meeting of October 3, 1983
Approval of Payroll and Accounts Payable Registers
(B-130-110)
Recommend that Accounts Payable Register No. 8, check nos. 93869
through 94102 inclusive, in the amount of $1 ,489,181.99, be approved
and paid, and Payroll Register No. 8, check nos. 181770 through 182362
inclusive, in the amount of $447,612.77, for the period September 25, to
1983, through October 8, 1983, be approved. Total : $1 ,936,794.76
Treasurer's Report - September 30, 1983
(B130-150)
Total Treasurer' s Accountability - $15 ,393,828.02
Claims for Damage and Personal Injury - 1st Hearing
(C-090-020)
Marie Esterly - Claim for Damages filed October 12, 1983
Recommend payment in the amount of $33.81
Award of Bid - Fire Hose
(B-050-100)
City Manager recommends that Bid Schedule No. 1481 , fire hose, be
awarded to Halprin Supply Company, on its low bid in the amount of
$4,253.78, sales tax included.
Rejection of Bid - Single Phase, Pad Type Distribution Transformers
(B-050-100)
City Manager recommends that Bid Schedule No. 1482, single phase, pad
type distribution transformers, be rejected since the bids received
did not meet various legal requirements for proper bid security.
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Rejection of Bid - Three Phase, Pad Type Distribution Transformers
(B-050-100)
City Manager recommends that Bid Schedule No. 1483, three phase, pad
type distribution transformers, be rejected since the evaluated low
bids received did not meet various legal requirements, and those
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bidders that did meet legal requirements were excessive in their
E evaluated costs.
t Resolution - Waiving Parcel Map for Lot Line Adjustment LS-58-83, by
Dennis Bartels
(L-010-150)
Planning Director recommends that Resolution No. 83-202 be adopted, a
resolution of the City Council of the City of Redding waiving the
requirement of a parcel map for Lot Split Application No. LS-58-83. —
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Resolution - Adopting Master Sewer Plan
1. (W-010-300)
F Public Works Director recommends that Council adopt the Master Sewer
Plan prepared by PACE Engineering in 1979, as previously submitted to
Council .
It is recommended that Council make the following findings pertaining
to the Master Sewer Plan:
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 September 14, 1983. The Vote: Unanimous Ayes
It is further recommended that Resolution No. 83-203 be adopted, a
resolution of the City Council of the City of Redding adopting the
Master Sewer Plan prepared by PACE Engineering.
III
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Storm Drain Improvements - Hilltop and Maraglia
(S-070-300)
Public Works Director recommends that the Finance Department be
authorized to make a payment in the amount of $2 ,604.40 to Longs Drug
Stores, for the City' s share of oversizing storm drain improvements at
the southwest corner of Hilltop and Maraglia.
Notice of Completion - Pump Plant No. 4 Transmission Line
(B-050-020 and W-030-125- 040)
Public Works Director recommends that Bid Schedule No. 1457, com-
pletion of Pump Plant No. 4 Transmission Line, awarded to Marshall
Worley Construction, Inc. (final contract price $245 ,435) , be accepted
as satisfactorily completed, and that the City Clerk be instructed to
file a Notice of Completion.
Resolution Accepting Streets and Acceptance of Improvements - Sunshine
Homes Subdivision , Unit No. 1 , Developed by Marshall Worley Con-
struction
(S-070-230 and S-100-725)
Public Works Director recommends that the improvements in Sunshine
Homes Subdivision, Unit No. 1 , be accepted as satisfactorily com-
pleted, and that the City Clerk be instructed to return the securities
to the developer.
It is further recommended that Resolution No. 83-204 be adopted, aIII
resolution of the City Council of the City of Redding accepting for
i maintenance and operation portions of Vega Street, Bembow Lane, Cirrus
Street, and Galaxy Way in Sunshine Homes Subdivision, Phase I .
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Resolution Accepting Streets and Acceptance of Final Map and Improve-
ments - Oak Manor Subdivision, Unit No. 2 , Developed by Donald and
Laurel Ann Harris
(S-070-230 and S-100-535)
Public Works Director recommends that the improvements be accepted in
Oak Manor Subdivision, Unit No. 2 as satisfactorily completed, and
that the City Clerk be instructed to file the map with the Shasta
County Recorder. It was noted that the map will not be actually filed
until the developer executes an agreement to participate in an assess-
ment district for the construction of the Victor Avenue Bridge over
Churn Creek.
It is further recommended that Resolution No. 83-205 be adopted, a a
resolution of the City Council of the City of Redding accepting for
maintenance and operation a portion of Vega Street on the north side 1
between Victor Avenue and Bembow Lane, in the Oak Manor Subdivision,
Unit No. 2.
Acceptance of Final Map - Parkwood Estates Subdivision, Unit No. 3,
Developed by D.B.L. Inc.
(S-100-583)
Public Works Director recommends that the final map for Parkwood
Estates Subdivision, Unit No. 3, be approved, that the Mayor be
authorized to sign the Subdivision Agreement, and that the City Clerk
be instructed to file the map with the Shasta County Recorder.
Acceptance of Final Map and Improvements - Los Robles Hills Estates
Subdivision, Developed by R. C. Roberts & Co.
(S-100-445)
Public Works Director Arness recommends that all improvements, with
the exception of the street, in the Los Robles Hills Subdivision, Unit
No. 1 , be accepted as satisfactorily completed, and that the City
Clerk be instructed to file the map with the Shasta County Recorder.
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:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard 1
Noes: Council Members - None
Absent: Council Members - None
Resolution Numbers 83-202, 83-203, 83-204, and 83-205, are on file in the
office of the City Clerk.
WRITTEN COMMUNICATIONS
Letter of Commendation - Greater Redding Chamber of Commerce
(A-050-060 and R-030-050)
A letter was received from Lou Gerard, Jr. , Executive Vice-President
of the Greater Redding Chamber of Commerce, commending the action
taken to resolve differences between the City of Redding and the
County of Shasta on the issue of the Canby-Hilltop-Cypress Redevelop-
ment Project. He expressed that this agreement should serve to remind
all who strive for the socio-economic betterment of our communities
that cooperation, respect for differing opinion, and negotiation
toward the resolution of differences are perceived as positive actions
from which all concerned will benefit.
Request to Serve Wine - Redding Museum & Art Center and Museum League
(A-110-100)
A request was received from the Redding Museum & Art Center and Museum
League to serve wine at its Annual Christmas Party and Auction to be
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held on Friday, December 2, 1983, at the Museum from 7 P.M. , to
approximately 9 P.M.
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r MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
approving the request from the Redding Museum & Art Center and Museum
League as stated above. The Vote: Unanimous Ayes
P
III
Communication and Check from Redding Tennis Club - re Improvements at
Sequoia School Tennis Club
(P-050-800)
A letter was received from Dennis Spendley, Vice President of the
Redding Tennis Club presenting a check to the City in the amount of
$500 to help pay for the recently completed re-color coating of the
Sequoia School tennis courts.
Mr. Spendley also thanked the City for its support on this project and
especially Tom Riley, Parks and Recreation Director for working so
hard with their club to initiate and complete this project.
Mayor Gard accepted the check with gratitude and asked that a letter
of thanks be sent to the Redding Tennis Club for their continued
support of the improvement to public tennis courts in Redding.
Request to Serve Alcoholic Beverages - North Valley Art League
(A-110-100)
A request was received from the North Valley Art League to serve
alcoholic beverages at their benefit auction, November 19, 1983,
between 7:00 P.M. and 11 :00 P.M. , in the Old City Hall Gallery.
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MOTION: Made by Councilman Demsher, seconded by Councilman
Kirkpatrick approving the request of the North Valley Art League to
serve alcoholic beverages as stated above. The Vote: Unanimous Ayes
Letter of Appreciation from Community Gardeners - re Use of Property
Southeast of Diestelhorst Bridge
t (C-070-100) III
A letter of appreciation was received, signed by approximately 30
people expressing their appreciation to the City of Redding, People of
Progress, and the Green Thumb program for providing them with the
opportunity to garden land southeast of the Diestelhorst Bridge.
j.
It was noted in the letter that the late spring rains this year
delayed planting, but the gardens are now growing well . Next year,
weather permitting, they hope to bring the entire 3.5 acres under
cultivation.
Request from Minta Reichel - re Repeal of Section 10.44.010 of the
Municipal Code Pertaining to Fortunetelling
(C-110-100)
Councilman Pugh abstained from voting and discussion on this matter.
A letter was received from Minta H. Reichel , Astrologer, stating that
she has been denied a business license as a professional astrologer,
and asking that Section 10.44.010 of the Municipal Code be declared
unconstitutional . lit
City Attorney Hays recommended that this request be referred to his
III
office for further discussions with Ms. Reichel .
MOTION: Made by Councilman Demsher, seconded by Councilman Fulton
that the request from Minta Reichel pertaining to the repeal of
Section 10.44.010 of the Redding Municipal Code, be referred to the
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283
City Attorney. The Vote: Unanimous Ayes with Councilman Pugh
abstaining
Shasta High School - Request for Approval of Homecoming Parade
(P-010-050)
A request was received from Shasta High School for permission to hold
111 its annual Homecoming Parade on Saturday, October 22, 1983, from 4:00
to 5:00 P.M. They also propose to include their marching band in the
traditional car parade and the route they have chosen is along Park
Marina Drive from the Civic Auditorium to Montgomery Ward' s parking
lot.
A memorandum from the Chief of Police dated October 14, 1983 , was
submitted to Council . The Chief indicated that in consideration of
public safety, involvement of high school marching bands will require
deployment of additional manpower, on an overtime basis, in order to
control traffic. Furthermore, the Chief stated that Park Marina Drive
is more difficult to coordinate and control than other parade routes.
Discussion ensued regarding the concerns of the Police Chief.
City Manager Courtney explained that in the case of a fully motorized
parade, police units can be placed at the beginning and at the end of
the route, and the parade can operate with little intersection inter-
ference. The problem with marching units, he said, is that they slow
down the parade considerably and from a safety standpoint, it is
almost necessary to have police personnel at all intersections and to
provide protection all along the route.
Councilman Kirkpatrick suggested that some alternative method be used
to patrol the parade such as road guards as used in the military.
City Attorney Hays also noted that there would be driveway infringe-
11,
ment along Park Marina.
Councilman Demsher said he would like to see the marching band in-
cluded in the parade and suggested that the request be approved and
that Council accept the Chief' s contention that it will require
additional manpower on an overtime basis.
MOTION: Made by Councilman Demsher, seconded by Councilman Pugh
approving the request by Shasta High School to hold its annual Home-
coming Parade including the marching band, with the condition that the
Chief of Police employ whatever manpower he feels is necessary to
ensure the safety of the public and the participants. The Vote:
Unanimous Ayes
Councilman Kirkpatrick said he feels there may be some alternative
methods of handling such a parade and suggested that such alternatives
be considered prior to next year' s request.
Popovics Productions - Request to Land Helicopter at Civic Auditorium
(C-050-050)
A request was received from Popovics Productions for permission to
land a helicopter at the Civic Auditorium at 12:00 Noon on Saturday,
November 12, 1983, to deliver Santa Claus to the Popovics Christmas
Show.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
approving the request by Popovics Productions to land a helicopter at
the Civic Auditorium as stated above. The Vote: Unanimous Ayes
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284
ORDINANCE - Pertaining to Wild Animals
(A-130-150. and C-110-100)
Councilman Pugh abstained from voting and discussion on this matter.
City Attorney Hays reviewed his memorandum to Council dated October 13,
1983. He stated that the basis on which this ordinance has been presented
is one addressed out of concern for the community in general and for the
animals involved. Mr. Hays explained that the ordinance presents widely
recognized exemptions with regard to the maintaining and availability to
III
the public of those animals which are commonly called wild or exotic.
Mr. Hays reviewed some of the animals excluded from the proposed ordinance
such as reptiles , except for poisonous varieties, and birds. He pointed
out that the City now regulates to a high degree, the keeping of dogs,
horses, cows, sheep, swine and most other domesticated animals; however, it
has no regulations dealing with wild animals. He said the ordinance is
based on the belief that the care and keeping of wild and exotic animals in
cages for one' s pleasure or aggrandizement is not appropriate.
Dr. Scott Thompson, 2505 Hilltop Drive, a veterinarian, was in favor of the
proposed ordinance as a reinforcement of the existing State and Federal
• regulations pertaining to keeping wild animals. He said from a veterinar-
ian's point of view, rarely has he seen privately owned wild animals that
have had adequate diet, disease imunization, etc. and they are usually
emotionally disoriented. Dr. Thompson emphasized that veterinarians do not
have the proper drugs or facilities to treat the diseases and medical needs
. of wild animals. He said even those at zoological facilities readily admit
that they know far less than is ideal about the husbandry of wild animals.
He added that there is a high risk of transmittal of disease and injury to
" owners. Dr. Thompson said he supports the position of the major animal
welfare organizations and felt that the poorest argument for keeping a wild
ri animals is for economic gain.
Dan Keeley, P. 0. Box 973, Redding, opposed the ordinance and said it is III
redundant and only restates State and Federal laws. He said in regard to
the tiger which Mr. Stankus wishes to keep, without the proper permits and
approval by the State Fish and Game, no one could keep a cat. Mr. Keeley
felt that the proposed ordinance is too restrictive and subject to inter-
pretation.
5' Arlene Stankus, P. 0. Box 3100, said in order to privately own a tiger,
1- they would be required to obtain Federal and State licenses. She said
there are so many rules she does not feel it is necessary to have more.
She said they intend to provide a proper diet for the tiger at a cost of
over $200 per month. She also noted that there are State inspections each
year. Mrs. Stankus advised that the trainer will be working with the tiger
over four hours per day. She also stated that they do not wish to keep the
tiger for economic gain but lend it to non-profit groups for fund raising
L and for the benefit of the community.
Joe Keeley, P. 0. Box 973, Redding, asked if this could go to a vote of the
people or if they could get petitions in opposition to this ordinance
rather than having the Council vote on it at this time. She said this
ordinance involves many people and many have not been aware that such an
ordinance is being considered.
City Attorney Hays explained that all decisions made by the City Council
are subject to referendum proceedings. III
Mayor Gard said, judging from the number of people who have contacted her
in support of the ordinance, she feels people are very well aware of the
proposed ordinance.
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Councilman Fulton noted that some time ago, some people in Redding did
possess wild animals, namely jaguars and other animals along that line, who
would be familiar with certain problems that would arise. He asked Maurice
Johannessen, who was in the audience, to give his opinion about this
ordinance.
Maurice Johannessen, 747 Auditorium Drive, stated that he used to train
jaguars and has had them as pets. He said he has mixed feelings about the
ordinance. Mr. Johannessen said it is unfortunate that the ordinance is
presented at this time, when Mr. Stankus already had permission to keep the
tiger. He said he has had many wild animals and finds them delightful and
good pets. He noted that much depends on how they are kept and for what
purpose. Mr. Johannessen also noted that people do them harm by not
understanding the psychological makeup of wild animals. He stated that he
has never kept an animal as large as a tiger but added that no wild animal
is totally controllable. He felt the ordinance may be too far reaching and
too restrictive. Mr. Johannessen said if such an ordinance is required as
an emergency measure, a more compatible ordinance could be developed.
Mayor Gard stated that she feels it is totally inappropriate to regulate
dogs , cats, sheep, and pigs, and not regulate wild animals. She had
concerns about the Humane Society being expected to handle animal control
for wild animals. Mayor Gard emphasized that the problem is not just with
this one animal . She said she agrees with Councilman Fulton that the City
got caught without an ordinance that addresses this problem and as with the
adult bookstore, the City did something about it.
Councilman Demsher stated that a lot of discussion has taken place on this
matter and he feels that Dr. Thompson outlined the issue very well . He
said he was also very interested in Mr. Johannessen's comments and remem-
bers the issue of his cats over 20 years ago. He shares the concerns that
the keeping of this tiger and other such wild animals would cause some
definite problems within the community.
Councilman Kirkpatrick referred to the adult entertainment ordinance and
stated that Council took its time and developed the right ordinance. He
feels that this ordinance needs further research and discussion. Mr.
Kirkpatrick said he met with the City Manager to discuss this matter.
City Manager Courtney stated that he met with Mr. Kirkpatrick on this
matter and feels it is appropriate for staff to maintain a continuing study 4
of the legislation which it recommends to Council and to review existing
legislation. He said staff is prepared to continue additional research on
this ordinance concerning the appropriate areas of regulation with a report
to Council within the next six months. Mr. Courtney stated that one of the
advantages of this review would be to have additional input from indivi-
duals and interested agencies and other persons with expertise and know-
ledge in this area.
Councilman Demsher noted that the Humane Society has stated their views in
great length and furnished the City with material and information based on
experience.
Councilman Kirkpatrick remarked that in the letter from the Haven Humane
Society, they have noted that additional study is needed. He added that
sometimes, one question is answered and two or three more are created. Mr.
Kirkpatrick expressed the hope that staff and Council would go along with
the review process.
MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick
that the full reading of Ordinance No. 1657 be waived and the City Attorney
10/17/83
286
be instructed to read the title. The Vote: Unanimous Ayes with Councilman
Pugh abstaining
MOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick
that Ordinance No. 1657 be adopted, an ordinance of the City Council of the
City of Redding amending Chapter 7.04 of the Redding Municipal Code by
amending Section 7.04.010 and repealing Section 7.04.090 of said Chapter
and substituting therefor a new Section 7.04.090 of Chapter 7.04, pertain-
ing to wild animals; subject to a review within six months to determine
whether or not modifications should be made. The Vote: Unanimous Ayes
with Councilman Pugh abstaining
PUBLIC HEARING - re Rezoning Application RZ-16-83, by City of Redding,
Enterprise Area
(L-010-230)
Councilman Pugh abstained from voting and discussion on this matter.
The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public
hearing re Rezoning Application RZ-16-83, by City of Redding, Enter-
prise Area.
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 October 12, 1983
The City Clerk advised that no written protests have been received and
the Mayor ascertained that there were no protests from the floor.
Planning and Community Development Director Perry reviewed his memo-
randum to Council dated October 12, 1983, which is incorporated herein
by reference. He stated that the Planning Commission has recommended
rezoning of property located in the Sunshine Homes Subdivision, Unit
2, from "U" Unclassified District to "R-1 " Single-Family Residential
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 Planning Commission and staff
that the area be rezoned as stated above and depicted on the map
entitled "Proposed Zoning" . It is further recommended that the
negative declaration be ratified and the ordinance be offered for
first reading.
MOTION: Made by Councilman Demsher, seconded by Councilman Fulton
that the public hearing be closed. The Vote: Unanimous Ayes with
Councilman Pugh abstaining
MOTION: Made by Councilman Demsher, seconded by Councilman Fulton
that Council makes the following findings re Rezoning Application
RZ-16-83, by City of Redding, Enterprise Area:
1 . Project is compatible with the Redding General Plan.
2. Project will not significantly alter existing land form.
3. Project is compatible with surrounding land use.
4. Project is compatible with the Code of the City of Redding,
California.
and, ratifies the Negative Declaration approved by the Board of
Administrative Review on August 17 , 1983. The Vote: Unanimous Ayes
with Councilman Pugh abstaining
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287
Councilman Demsher offered Ordinance No. 1663 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-16-83) .
PUBLIC HEARING - re Rezoning Application RZ-17-83, by City of Redding,
Enterprise Area
(L-010-230)
Councilman Pugh abstained from voting and discussion on this matter.
The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public
hearing re Rezoning Application RZ-17-83, by City of Redding, Enter-
prise Area.
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 October 13, 1983
The City Clerk advised that no written protests have been received and
the Mayor ascertained that there were no protests from the floor.
Planning and Community Development Director Perry reviewed his memo-
randum to Council dated October 13, 1983, which is incorporated herein 1
by reference. He stated that the Planning Commission has recommended
rezoning of property located generally east of Victor Avenue, south of
Hartnell Avenue, and north of Churn Creek, from "U" Unclassified
District to "R3-20" Multiple-Family Residential District and to "U-F"
Unclassified District. 1
It is the recommendation of both the Planning Commission and staff
that the property be rezoned to "R3-20" and to "U-F" with the site
plan review criteria to stipulate the area as not to be developed. It
is further recommended that the negative declaration be ratified and i
an ordinance be offered for first reading.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
that the Public Hearing be closed. The Vote: Unanimous Ayes with
Councilman Pugh abstaining
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Fulton
that Council make the following findings pertaining to Rezoning
Application RZ-17-83:
1 . Project is compatible with the Redding General Plan.
2. Project will not significantly alter existing land form.
3. Project is compatible with surrounding land use.
4. Project is compatible with the Code of the City of Redding,
California.
and, ratifies the Negative Declaration approved by the Board of
Administrative Review on August 31 , 1983. The Vote: Unanimous Ayes
with Councilman Pugh abstaining
Councilman Kirkpatrick offered Ordinance No. 1664 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-17-83) .
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288
PUBLIC HEARING - re Rezoning Application RZ-18-83, by City of Redding
(L-010-230)
The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public
hearing re Rezoning Application RZ-18-83, by City of Redding.
The following documents are on file in the office of the City Clerk:
Affidavit of Mailing - Notice of Public Hearing
Affidavit of Publication - Notice of Public Hearing
Planning Commission recommendation dated October 13, 1983
The City Clerk advised that no written protests have been received and
the Mayor ascertained that there were no protests from the floor.
Planning and Community Development Director Perry reviewed his memo-
randum to Council dated October 13, 1983, which is incorporated herein
by reference. He stated that the Planning Commission has recommended
rezoning the Whaley Subdivision, located at the northeast corner of
Victor Avenue and Highway 44, from "U" Unclassified District to
"R1-B20" Single-Family Residential District and "U-F" Unclassified
District, and the rezoning of four parcels located at the northwest
corner of Victor Avenue and Highway 44, from "U" Unclassified District
to "R4-20-F" and "R3-20-F" Multiple-Family Residential Districts
combined with site plan review districts. 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 Planning Commission and staff
that the rezoning be approved as stated above and depicted on the map
entitled "Proposed Zoning" , with the site plan review criteria speci-
fied in the proposed ordinance. It is further recommended that the
negative declaration be ratified and the proposed ordinance be offered
for first reading.
MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that
the Public Hearing be closed. The Vote: Unanimous Ayes
MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that
Council make the following findings pertaining to Rezoning Application
RZ-18-83:
1 . Project is compatible with the Redding General Plan.
2. Project will not significantly alter existing land form.
3. Project is compatible with surrounding land use.
4. Project is compatible with the Code of the City of Redding,
California.
and, ratifies the Negative Declaration approved by the Board of
Administrative'°Review on August 31 , 1983. The Vote: Unanimous Ayes
Councilman Pugh offered Ordinance No. 1665 for first reading, an
ordinance of the City Council of the City of Redding amending Section
18.06.020 of the Redding Municipal Code relating to the rezoning of
certain real property in the City of Redding (RZ-18-83) .
PUBLIC HEARING - re Appeal of Use Permit UP-162-83 by Rodway Chevrolet111
(L-010-030)
The hour of 7:30 P.M. , having arrived, Mayor Gard opened the public
hearing re Appeal of Use Permit UP-162-83, by Rodway Chevrolet.
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289
The following documents are on file in the office of the City Clerk:
Affidavit of Mailing - Notice of Public Hearing
Affidavit of Publication - Notice of Public Hearing
The City Clerk advised that no written protests have been received.
Planning and Community Development Director Perry reviewed his memo-
randum to Council dated October 14, 1983, which is incorporated herein
by reference. He stated that the Planning Commission denied Use
Permit Application UP-162-83, by Rodway Chevrolet, requesting permis-
sion to install a 15-foot-high, 18-square-foot pole sign on property
located at 200 East Cypress Avenue, in a "U" Unclassified District. •
Mr. Perry stated that subsequent to that decision, the applicant
appealed the decision to the City Council . A map of the area was
shown on the Vu Graph.
Mr. Perry stated that the Board of Administrative Review referred the 4
application to the Planning Commission because of concerns with the
number of pole signs already existing on the property, the lack of
clear City policy regarding multiple pole signs on properties, and
equity of sign requirements with nonautomobile uses. He noted that
through the use permit process, Crown Motors now has seven detached 1
signs on their property. Cypress Auto Center can now have a total of
six detached signs and seven if the appeal is upheld.
Mr. Perry indicated that the applicants have stated that they need to
provide a separate pole for Isuzu to avoid violating their franchise
agreement with that manufacturer, and that an existing pole sign is to
be reduced by a like amount of area.
In considering the application, Mr. Perry advised that the Commission j
was concerned with the following:
1 . Aesthetics.
2. Sign clutter.
3. Consistency with other nonautomobile retailers.
4. Imposition of sign standards by an inflexible corporate policy.
5. How many pole signs should a single parcel be allowed?
6. What happens if additional franchises are acquired and these
manufacturers insist on their own sign?
He noted that the Planning Commission's motion to approve the sign
deadlocked on a 3 to 3 vote, and the second motion to deny the sign
passed by a 5 to 1 vote. The Commission also directed staff to
prepare for consideration an amendment to the City Code to limit the •
maximum number of detached signs on any single parcel .
Mr. Perry related that while the applicant has the right to apply for
more than one pole sign, it is not an automatic entitlement and in
this case, the majority of the Commission determined that a seventh
sign was excessive.
It is the recommendation of staff that the action of the Commission be
upheld and that the appeal be denied.
111 Councilman Kirkpatrick asked if there has been discussions prior to
this on the use permits for other dealerships. Mr. Perry advised that
there was some discussion at the time the sixth sign was allowed at
the Rodway dealership. It was felt at that time that no further signs
should be allowed. He stated that the Crown Motors signs were ap-
proved without discussion.
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290
Leonard Bandell , 1330 West Street, attorney representing the appli-
cant, advised that there is a policy within the automobile industry
that requires separate signs for each manufacturer. He said he asked
his client to request further details from Isuzu about their sign
requirements. A copy of the response from Isuzu was given to each
Council Member. Mr. Bandell said the largest issue is making a
determination of clear City policy. He noted that the policy given by
the Planning staff differs from that of the Code. He said the City 111
Code does not limit signs to one or two per parcel , as indicated by
staff. Mr. Bandell noted that Crown Motors has nine signs and asked
how the City could allow one dealership to have nine signs and then
preclude some others.
Mr. Bandell contended that if it is to be the policy of the City
Council that the number of signs should be limited, the Code should be
amended.
Mayor Gard noted that the applicant has stated that it is customary
for franchise dealers to require separate signs and yet one of their
existing signs says both Toyota and Volvo. Mr. Bandell explained that
Volvo has requested that the Toyota name be removed from the sign. He
explained that the primary reason for this requirement is to prevent
product misidentification and the manufacturer actually owns the sign.
FMOTION: Made by Councilman Demsher, seconded by Councilman
Kirkpatrick that the public hearing be closed. The Vote: Unanimous
Ayes
Mayor Gard emphasized that the City needed a pole sign policy 15 years
ago. She said both the Crown Motors parcel and the Rodway Chevrolet
parcel have attractive buildings and landscaping but the signs look
terrible. She also pointed out the light standards with flags on
them. Mayor Gard felt the proliferation of pole signs should not go
on and added that monument signs are much more attractive than pole
signs.
Councilman Demsher said he has some concerns about a manufacturer, who
does not have its corporate headquarters within the City of Redding,
dictating sign requirements to the City. He felt it is probably time
to study and review the sign ordinance.
Councilman Pugh stated that since the City has continued to approve
these requests, the applicant has proceeded on the belief that this
policy will continue and the rules should not be changed at this
point. He also suggested that Council should take a look at a clear
City policy on pole signs.
Councilman Kirkpatrick said businesses are being placed in a difficult
position because they cannot ask for permission to place a sign until
they have a dealership to go along with it. He felt it would be
appropriate in this situation to uphold the appeal and ask the Plan-
ning Commission to consider a policy.
Mayor Gard agreed and felt there is an equity problem. She felt that
the City needs to come up with an overall policy so that this doesn't
come up again.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh
that the appeal be upheld and that the additional sign be allowed as
specified in the conditions of the use permit; and, that the Planning
Commission be instructed to consider the maximum number of pole signs
allowed subject to the same conditions. The Vote: Unanimous Ayes
10/17/83
291
ORDINANCE - re Development Agreement for Sunshine Homes , S-2-81 , Developed
by Marshall Worley
(L-010-100-030 and S-100-725)
Councilman Pugh abstained from voting and discussion on this matter.
MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that
full reading of Ordinance No. 1658 be waived and the City Attorney be
instructed to read the title. The Vote: Unanimous Ayes with Councilman
Pugh abstaining
MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that
Ordinance No. 1658 be adopted, an ordinance of the City Council of the City
of Redding adopting amendment to the Worley Development Agreement pursuant
to the procedures and requirements established in Resolution No. 81-87.
Voting was as follows:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Pugh
Ordinance No. 1658 is on file in the office of the City Clerk.
ORDINANCE - re Development Agreement for Woodhaven Homes, S-12-83, Devel-
oped by Charles Hoisington and Ron Mygrant
(L-010-100-030 and S-100-808)
Councilman Pugh abstained from voting and discussion on this matter. +,
MOTION: Made by Councilman Fulton, seconded by Councilman Kirkpatrick that
full reading of Ordinance No. 1659 be waived and the City Attorney be
instructed to read the title. The Vote: Unanimous Ayes with Councilman
Pugh abstaining
MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that
Ordinance No. 1659 be adopted, an ordinance of the City Council of the City
of Redding adopting Development Agreement with Charles Hoisington and Ron
Mygrant pursuant to the procedures and requirements established in Resolu-
tion No. 81-87.
Voting was as follows:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, and Gard 3
Noes: Council Members - None
Absent: Council Members - None
Abstain: Council Members - Pugh
Ordinance No. 1659 is on file in the office of the City Clerk.
ORDINANCE - re Rezoning Application RZ-15-83, by City of Redding, Woodside
Meadows Subdivision
(L-010-230)
MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full
reading of Ordinance No. 1660 be waived and the City Attorney be instructed
to read the title. The Vote: Unanimous Ayes
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Pugh that
Ordinance No. 1660 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-15-83) .
Voting was as follows:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard
Noes: Council Members - None
Absent: Council Members - None
Ordinance No. 1660 is on file in the office of the City Clerk.
10/17/83
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i ORDINANCE - re Amendment to "A" Special Agricultural Combining District
(L-010-500-050)
` MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full
reading of Ordinance No. 1661 be waived and the City Attorney be instructed
to read the title. The Vote: Unanimous Ayes
MOTION: Made by Councilman Pugh, seconded by Councilman Kirkpatrick that
E Ordinance No. 1661 be adopted, an ordinance of the City Council of the City 111
of Redding amending Chapter 18.37 of the Redding Municipal Code by repeal-
' ing Sections 18.37.030, 18.37.040 and 18.37.050 in their entirety and
substituting therefor new Sections 18.37.030, 18.37.040 and 18.37.050,
pertaining to Special Agricultural (A) Combining District.
Voting was as follows:
Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard
Noes: Council Members - None
Absent: Council Members - None
L
Ordinance No. 1661 is on file in the office of the City Clerk.
ORDINANCE - re Alternate Materials for Building Security
(C-110-100)
MOTION: Made by Councilman Pugh, seconded by Councilman Demsher that full
reading of Ordinance No. 1662 be waived and the City Attorney be instructed
to read the title. The Vote: Unanimous Ayes
rMOTION: Made by Councilman Demsher, seconded by Councilman Kirkpatrick
i that Ordinance No. 1662 be adopted, an ordinance of the City Council of the
l City of Redding amending Chapter 16.09 of the Redding Municipal Code by
amending Section 16.09.040 of said Chapter 16.09, pertaining to alternate
r materials for building security.
Voting was as follows:
F Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard
III—
k Noes: Council Members - None
c Absent: Council Members - None
Ordinance No. 1662 is on file in the office of the City Clerk.
REPLACEMENT OF CHRISTMAS DECORATIONS
(M-050-000)
Planning and Community Development Director Perry advised Council that the
Civic Arts Commission has been exploring ways to enhance the appearance of
Redding. He said the Commission has recommended that the City' s appearance
during the Christmas season could be improved by replacing the aging
Christmas decorations around the Downtown Mall and on Athens Avenue.
• At this point, Mr. Perry advised that the Civic Arts Commission has no firm
ideas on the selection of new decorations , the cost or the source of funds;
however, Mr. Perry noted that funding would be looked for from the private
sector. He said the Commission is aware that any decision regarding the
matter will probably not be forthcoming until after this Christmas. None-
theless, the Commission is anxious to assist the Council with recommenda-
tions and alternatives.
If the Council concurs, it is recommended that the Civic Arts Commission be
authorized to work with the City Manager and the Chamber of Commerce in the
development of recommendations to be presented to the City Council for
consideration before the Christmas of 1984. III
Mayor Gard said she had investigated this last summer and she has a few
catalogs in her office. She suggested that possibly just the garland on
the candles could be replaced for this year.
s
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293 s
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Marlene Sorum, Chair of the Civic Arts Commission, said the Commission has I
discussed the replacement of Christmas decorations at length. She said
some suggestions have been received and they would like the City Council ' s
approval to continue researching the matter. Ms. Sorum suggested the
possibility of some type of fund raising situation to help pay for the
decorations. She said she feels strongly that the downtown area is the
IIIheart of the city and as a matter of civic pride, the entire city should
participate as far as Christmas decorations are concerned.
Councilman Kirkpatrick said he has no objections to asking the Civic Arts
Commission to meet with the City Manager so that something can be worked
out at least by 1984. He said if something could be done to improve the
decorations for 1983, that would also be appreciated.
MOTION: Made by Councilman Demsher, seconded by Councilman Pugh approving
the recommendation of the Planning Director that the Civic Arts Commission
be authorized to work with the City Manager and the Chamber of Commerce in
the development of a recommendation to be presented to the City Council for
consideration before the Christmas of 1984. The Vote: Unanimous Ayes
1
TENTATIVE SUBDIVISION MAP S-16-83 - Dickson Mesa Estates, Developed by
Deseret Builders
(S-100-145)
Council was advised that the Planning Commission has granted permission to ?
subdivide 12.2 acres into 36 lots, located generally south of Crestview s
Subdivision off the southerly extension of Beltline Road, described as
Tentative Subdivision Map S-16-83. 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.
TENTATIVE SUBDIVISION MAP S-17-83 - Carleton Subdivision, Developed by
III Brian Burk
(S-100-068)
Council was advised that the Planning Commission has granted permission to
subdivide 4.5 acres into 17 lots, located generally at the east end of
Carleton Street, described as Tentative Subdivision Map S-17-83. A map of
the area was shown on the Vu Graph and Council was given a copy of the i
conditions of approval . This was an information item.
TENTATIVE SUBDIVISION MAP S-19-83 - Regency Park Subdivision, Developed by
Brian Burk
(S-100-626)
Council was advised that the Planning Commission has granted permission to I
subdivide 10 acres into 43 lots, located generally south of East Cypress
Avenue and east of Yana Avenue, described as Tentative Subdivision Map
S-19-83. 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.
TENTATIVE SUBDIVISION MAP S-21-83 - Regency Park II , Developed by Brian
Burk
(S-100-626) -
Council was advised that the Planning Commission has granted permission to
subdivide 1 .36 acres, located generally south of East Cypress Avenue and
west of Yana Avenue, described as Tentative Subdivision Map S-21-83. A map
of the area was shown on the Vu Graph and Council was given a copy of the
IIIconditions of approval . This was an information item.
CABLE T.V. FRANCHISE EXTENSION - Viacom Cablevision (T-040-050)
Planning and Community Development Director Perry reviewed his memorandum
to Council dated October 13, 1983, which is incorporated herein by refer-
ence. He stated that the CATV Committee has recommended that Council
determine if Viacom is willing to extend the present franchise contract for
10/17/83
294
six months to one year. He explained that the reason for this request is
the estimated amount of time needed to complete a refranchising process if
that is the avenue the Council ultimately determines the City should
pursue.
Mr. Perry outlined the refranchising process and the fact finding program
on which the Cable Committee has now embarked. He explained that the
present franchise expires in April 1984, and pointed out the steps neces-
sary to enter into a new franchise. Mr. Perry felt it is unlikely that all
the necessary work could be completed in the next six months and he there-
fore recommended that the City Manager be authorized to send a letter to
Viacom seeking a short-term franchise extension.
Councilman Kirkpatrick, member of the CATV Committee, said the Committee
did not realize how much work had to be done for the refranchising process.
He said he is optimistic that things will move along fairly well and the
Committee may not need the entire period of time. Mr. Kirkpatrick felt it
is better to ask for the extension now rather than wait until the last
minute.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher
authorizing the City Manager to send a letter to Viacom seeking a short-
term franchise extension for a period of six to twelve months. The Vote:
Unanimous Ayes
CONSULTANT CONTRACT - Cable Television
(T-040-050)
Planning and Community Development Director Perry recommended that the City
Manager be authorized to execute a contract with Computran Systems Corpo-
ration for $18,000, to do technical and financial review of the cable
system in the City. He noted that this will require a supplemental appro-
priation later in the fiscal year but that the costs are reimbursable in
conjunction with awarding a new franchise.
MOTION: Made by Councilman Demsher, seconded by Councilman Fulton author-
izing the City Manager to execute a contract with Computran Systems Corpo-
1. ration in the amount of $18,000, for technical and financial review of the
cable system in the City. The Vote: Unanimous Ayes
I ARCHITECTURAL SERVICES CONTRACT - Tourist & Convention Bureau
(C-050-775)
Councilman Pugh abstained from voting and discussion on this matter.
Planning and Community Development Director Perry recommended that the City
Manager be authorized to execute a contract for architectural services for
the Tourist & Convention Bureau, with the firm of Woodward and Nichols AIA,
to complete construction drawings and documents.
Councilman Fulton asked if other architectural firms submitted proposals
for the project. Mr. Perry advised that four other firms submitted pro-
posals which were reviewed.
MOTION: Made by Councilman Kirkpatrick, seconded by Councilman Demsher
authorizing the City Manager to execute a contract for architectural
services with Woodward and Nichols AIA, for the Tourist & Convention Bureau
in the amount of $9,078. The Vote: Unanimous Ayes with Councilman Pugh
abstaining
SUMMONS AND COMPLAINT
(C-090-100)
The City Attorney advised that the following Summons and Complaint has been
received by the City:
10/17/83
295
Howard Welch, attorney on behalf of Max Pennington
vs. City of Redding et al - Claim for Damages
SETTLEMENT OF CLAIMS
The City Attorney advised that the following Settlement of Claims have been
received by the City:
Robert Simpson, attorney on behalf of Michael Burke
Claim for Personal Injury filed August 4, 1981
Settled in the amount of $50,000
(C-090-100)
Lee Lopez Law Corporation on behalf of Harold Smith
Claim for Personal Injury filed December 18, 1981
Settled in the amount of $1 ,500
(C-090-100)
Robert A. Rehberg, attorney on behalf of James Pasillas
Claim for Damages filed July 26, 1983
Settled in the amount of $1 ,000
(C-090-020)
Garrett Jones - Claim for Personal Injury filed July 7 , 1983
Settled in the amount of $291 .63
C-090-050)
Ronald Lyerla, attorney on behalf of Michael Cassells
Claim for Personal Injury filed April 4, 1983
Settled in the amount of $1 ,000
(C-090-050)
ROUTINE REPORTS AND COMMUNICATIONS
Public Utilities Commission:
(S-050-050)
Notice of Amended Application by Trailways, Inc. and
American Buslines, Inc. to Increase Fares
A
Order Instituting Investigation re Railroad Grade Crossings
Federal Energy Regulation Commission:
(E-120-070-825)
Order Dismissing Appeal filed by U.S. National Park Service re
Whiskeytown Dam
Shasta-Cascade Wonderland Association:
(B-130-030-700)
Publicity
ORAL COMMUNICATIONS
(A-150-114)
William Swickard, 6506 Leonard Drive, stated that he lives in the newly
annexed Westwood Manor subdivision. He said he has requested that some-
thing be done to eliminate a used car lot in the subdivision and nothing
has been done. It was Mr. Swickard' s understanding from the Public Works
Department that something would be on this evenings agenda about the
problem.
Mr. Swickard also noted that as new members of the City of Redding, resi-
dents of Westwood Manor have not received any acknowledgement from the
City, nor any information as to who to call for police and fire protection,
garbage collection, etc.
10/17/83
296
{ City Manager Courtney stated that the Planning Department is in the process
of updating the April 1982 letter to fit the total situation for the
Westwood area and that letter should go out this week.
Public Works Director Arness stated that the question of the used car lot
was referred to the Traffic and Parking Commission and he would check on III -
the status of that request.
Mayor Gard indicated that staff will look into the matter and contact Mr.
Swickard.
ADJOURNMENT
There being no further business , at the hour of 8:53 P.M. , Mayor Gard
declared the meeting adjourned.
APPROVED:
0//'ayor
ATTEST:
Cmc •
City Clerk
M
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10/17/83