Loading...
HomeMy WebLinkAboutMinutes - City Council - 1984-05-21 . 124 City Council , Regular Meeting Police Depat. & Council Chambers Redding, California May 21 , 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Demsher, Fulton, Gard, Pugh, and Kirkpatrick Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Direc- tor of Electric Lindley, Engineering Manager Ryan, Superintendent-Public Works Galusha , Director of Finance Downing, Director of Data Processing Kelley, Senior Associate Planner Keaney, Airports Director Homan, Executive Assistant Masingale, Housing Specialist Cook, 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 May 7, 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 22, check nos. 97942 through 98067 inclusive, in the amount of $1,010,343.88, be approved and paid; and, Payroll Register No. 23, check nos. 190538 through 191136 inclusive, in the amount of $452,361.19, for the period April 22, 1984 through May 5, 1984, be approved. Total : $1 ,462,705.07 Treasurer' s Report - April 30, 1984 (B-130-150) Total Treasurer's Accountability - $18,200,459.09 Claims for Damage and Personal Injury - 1st Hearing Glen Ewart - Claim for Damages filed 5/4/84 Recommend denial and refer to Insurance Carrier (C-090-020) Betty Jean Bailey - Claim for Damages filed 5/7/84 Recommend denial and refer to Insurance Carrier (C-090-020) Francis E. Hennings - Claim for Damages filed 5/15/84 Recommend denial (C-090-020) Claims for Damage and Personal Injury - 2nd Hearing Albert Cabrera - Claim for Damages filed 4/17/84 Recommend payment in the amount of $100 (C-090-020) Award of Bid - Underground Triplexed Cable (B-050-100) City Manager recommends that Bid Schedule No. 1529, underground triplexed cable, be awarded to Western States Electric, on its low bid in the amount of $39,991 .68, sales tax included. 5/21/84 125 Contract - Ecological Analysts, Inc. (E-120-070-400) Electric Director recommends that a Contract for Professional Services be awarded to Ecological Analysts, Inc. , to prepare responses to the Federal Energy Regulatory Commission' s April 19, 1984 request for additional information about the Red Bluff Hydroelectric Project, in the amount of $24,431 , and that the Mayor be authorized to execute the document. Set Public Hearing - Appeal of Tentative Subdivision Map S-3-84 (S-100-707) Planning Director recommends that a public hearing be set for 7:30 P.M. , July 2, 1984, to consider the appeal of Tentative Subdivision Map S-3-84, Stonegate Condominiums, by Lowell Simons. Set Public Hearing - Planned Development Application PD-2-84 (L-010-210) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 4, to consider Planned Development Application PD-2-84. Set Public Hearing - Appeal of Use Permit UP-75-84 (L-010-030) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 4, 1984, to consider the appeal of Use Permit UP-75-84, by Frank Wilson. Set Public Hearing - Rezoning Application RZ-4-84 (L-010-230) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 18, 1984, to consider Rezoning Application RZ-4-84, by City of Redding. Set Public Hearing - Appeal of Use Permit UP-99-84 (L-010-030) Planning Director recommends that a public hearing be set for 7:30 P.M. , June 18, 1984, to consider the appeal by Diane Peterson of Use Permit UP-99-84, by Gene Lynn. Exchange Club Air Show Request - Redding Municipal Airport *(A-090-100 and A-110-100) Airports Manager Homan recommends that the Exchange Club of Redding be allowed to hold its 1984 Air Show at the Redding Municipal Airport on June 30 and July 1 , 1984, and that they be allowed to sell beer and wine at this event. Award of Bid - Sacramento River Pedestrian Trail (B-050-020 and G-100-170) Public Works Director recommends that Bid Schedule No. 1527 (Job Nos. 9342 and 9439) , construction of the Sacramento River Trail , be awarded to North Valley Builders, on their bid in the amount of $88,300. Resolution - Ordering Abandonment of Portion of Twin View Boulevard (A-010-100) City Attorney recommends that Resolution No. 84-100 be adopted, a resolution of the City Council of the City of Redding ordering the vacation and abandonment of a portion of Twin View Boulevard adjacent to 112.0 Twin View Boulevard (A-1-84) , and ratifying the negative declaration. 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. 5/21/84 126 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Number 84-100, is on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter from Mary Malain - Removal of Trees at Landfill (S-020-300) A letter was received from Mary Malain stating that• trees are being needlessly removed from the west side of the landfill . She asked that the destruction of the remaining trees be stopped. Mayor Kirkpatrick suggested that this letter be referred to staff for further follow-up. Public Works Director Arness advised that they have been in contact with Ms. Malain and explained what the City is doing. With the concurrence of Council , Mayor Kirkpatrick referred the matter to the Public Works director for further follow-up. Resolution of Shasta County Air Pollution Control Board - re Surfacing of Roads (E-020-010) A copy of Resolution No. 84-2 of the Shasta County Air Pollution Control Board, was submitted to Council for information. This resolu- tion amended the rules of the Shasta County Air Pollution Control District regarding the emission controls for surfacing of roads. APPOINTMENTS Mayor Kirkpatrick made the following recommendations for reappointments to various City Commissions: Airports Commission (B-080-010) Dorene Medina - 4-year term ending May 1 , 1988 Leonard Carrick - 4-year term ending May 1 , 1988 Economic Development Corporation (B-080-150) William C. Holmes - 2-year term ending May 1 , 1986 Planning Commission (B-080-300) Cynthia Gelonek - 4-year term ending May 1 , 1988 Darrell Burrell - 4-year term ending May 1 , 1988 Recreation & Parks Commission (B-080-350) Sue Asbill - 4-year term ending May 1 , 1988 Jim Lee - 4-year term ending May 1 , 1988 Senior Citizens Facility Advisory Commission (B-080-450) Glada Buel - 2-year term ending May 1 , 1986 Paul Fuchs - 2-year term ending May 1 , 1986 Margaret Balma - 2-year term ending May 1 , 1986 Mary Martz - 2-year term ending May 1 , 1986 Virgil Tomasin - 2-year term ending May 1 , 1986 5/21/84 127 Traffic & Parking Commission (B-080-550) Don Vincelli - 4-year term ending May 1 , 1988 Donald Sundquist - 4-year term ending May 1 , 1988 MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving the reappointments as stated above. The Vote: Unanimous Ayes ANNEXATION REQUEST NO. 82-13 - Quartz Hill Road (A-150-154) Planning and Community Development Director Perry reviewed his memorandum to Council dated May 17, 1984. He stated that in 1982, Council directed staff to contact property owners in the Quartz Hill Road area to determine the feasibility of annexation subject to formation of an assessment dis- trict to acquire the electric facilities. He explained that at this time, there is not sufficient interest to proceed with annexation of the entire area. Mr. Perry outlined the various options Council could select as follows: 1 . Terminate proceedings. 2. Distribute a second mail out. 3. Annex the area piecemeal through several smaller annexations. 4. Delete the assessment district requirement. (The electric purchase is estimated to be $360,000 plus any engineering and legal costs. ) It is the recommendation of staff that Council refer the annexation to the Electric Department for a report on recommended boundaries based on those owners who have expressed interest in annexation and taking into consid- eration the boundaries of the sewer assessment district. Council Member Gard inquired about how many assessment districts have been formed where property owners have purchased electrical facilities as a condition of annexation. Mr. Perry advised that none have actually been completed. Council Member Gard asked how long it takes for the City to recoup its costs for electrical services in newly annexed areas. Council Member Pugh replied that the whole City pays for increased electrical demands and costs are never fully recouped. Council Member Demsher emphasized that some annexations are in the interest of the City and are worth pursuing; however, he does not feel this is the case. Council Member Gard commented that the City is obligated to provide certain services in some areas whether or not they are in the City and she felt that in those cases the areas should be annexed. MOTION: Made by Council Member Fulton, seconded by Council Member Demsher that the proceedings for Annexation Request No. 82-13, Quartz Hill Road, be terminated. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Pugh Noes: Council Members - Gard and Kirkpatrick Absent: Council Members - None ANNEXATION REQUEST NO. 81-6 - Westside Road (A-150-135) Council Member Pugh abstained from voting and discussion on this matter. Planning and Community Development Director Perry reviewed his memorandum to Council dated May 18, 1984. He stated that in 1981 , Council received a request for annexation of property located at the south end of Westside Road. The request was continued pending resolution of the Westwood Manor annexation. Mr. Perry indicated that the request has now been recertified 5/21/84 128 by the property owner as recent extensions of City electric lines in the area have made the provision of City electrical service feasible at a reasonable cost to the owners. It is the recommendation of staff that annexation proceedings be commenced and that the City Attorney be authorized to prepare the necessary resolu- tions subject to the following: 1 . Owners to extend electric service at their cost. 2. Owners to sign an agreement to participate in an assessment district for construction of water lines serving the area when one is formed. MOTION: Made by Council Member Demsher, seconded by Council Member Gard approving the recommendation staff as stated above. The Vote: Unanimous Ayes with Council Member Pugh abstaining ANNEXATION REQUEST NO. 83-7 - Oasis Road (A-150-165) Planning and Community Development Director Perry reviewed his memorandum to Council dated May 17, 1984. He stated that in 1977, Council directed staff to contact property owners in the Oasis Road area to determine a logical annexation boundary. Mr. Perry explained that at this time, the annexation would, consist of 942 acres; owners of 831 .6 acres or 88 percent • of the total land area. It is the recommendation of staff that Council authorize the preparation of resolutions to commence annexation proceedings and exchange property taxes and refer the annexation to the Board of Administrative Review for environ- mental review. Mr. William Foster, 6005 Akrich Road, stated he asked to be removed from the annexation and it was his understanding that this had been done; however, the map looks like his property is included. Mr. Perry advised that the Foster property is not included in this annexa- tion. MOTION: Made by Council Member Gard, seconded by Council Member Demsher approving the recommendation of staff as stated above. The Vote: Unani- mous Ayes TENTATIVE SUBDIVISION MAP S-4-84 - Bonnyview Meadows West (S-100-054) Council was advised that the Planning Commission has granted permission to subdivide property located generally west of Olney Creek between Sacramento Drive and Girvan Road, into 28 single-family lots, described as Tentative Subdivision Map S-4-84, Bonnyview Meadows West. 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-7-84 - Lake Redding Estates, Unit 2 (S-100-420) Council was advised that the Planning Commission has granted permission to subdivide property located generally east of Quartz Hill Road and north of Benton Drive, into 204 single-family lots, described as Tentative Subdivi- sion Map S-7-84, Lake Redding Estates, Unit 2. 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. NORTH VALLEY FITNESS CENTER - Parking and Traffic Problems (P-030-230 and T-080-300) Planning and Community Development Director Perry reviewed his memorandum 5/21/84 12.9 to Council dated May 18, 1984. He submitted copies of several letters received concerning parking and traffic-safety problems at the North Valley Fitness Center. As requested by Council on April 16, 1984, Mr. Perry submitted his report. He explained that parking requirements were applied on the basis of square footage as specified in the Code. He noted that there are no specific requirements for health clubs. Based on a parking survey, Mr. Perry stated that the use needs 20 more spaces than now exist in order to accommodate peak demand. He explained that what was not factored into the off-street parking calculations was the amount of people attracted by the new facility, its ability to pull people away from other facilities or to cause an increase in health club patron- age, and the promotion campaign that occurred. Mr. Perry pointed out that except for a solid gate in the fence, the applicant is in compliance with the conditions of the use permit; thus, the City does not have cause for revocation. In response to these complaints, Mr. Perry said Mr. Hiatt has asked customers to move their cars, had employees park further away in order to create more close-in customer parking, and has restripped the lot to create two additional spaces. Mr. Perry enumerated several actions to be considered and explained that staff will proceed to amend the parking code to base parking by occupancy rather than gross floor area and create a category for health clubs. Mr. Perry stated that staff has suggested to Mr. Hiatt that he lease or buy a portion of the property to the north of the health club to provide additional parking; however, the owner of the property wants to sell or lease the entire property. Mr. Hiatt has indicated this is beyond his reach financially, at this time. Council Member Gard pointed out that since access to School Street was waived by Mr. Hiatt, the gate should be closed. Council Member Pugh said that School Street is a public street and subject to parking by anyone. Mr. Perry explained that there is the possibility of making that a no parking zone or limit the time; however, that would impact the residents as much as the customers of the health club. In response to an inquiry from Council Member Kirkpatrick, Mr. Perry stated that it is his impression that the demand for parking has been decreasing at the facility since the membership campaign is over. Michael Goodyear, 3194 School Street, said traffic is decreasing somewhat; however, they have a new ad campaign going on now to increase membership. He felt 20 additional parking spaces would not resolve the problem. He pointed out that the health club on Gold Street is in a commercial area and that may be why there have been no complaints about parking. Mr. Goodyear noted that even though they can't have vehicular access to School Street, they will still have pedestrian access. He also emphasized that there is a major drainage problem on School Street since the health club was built. Mr. Perry said he will report back to Council as soon as possible on the drainage situation. Council Member Gard stressed that if the gate were closed, it would make it inconvenient for people to park on School Street. Patricia Goodyear, 3194 School Street, said they want the gate closed but there is also the matter of the fence. She noted that even if the gate is closed, people can easily walk around. 5/21/84 130 Mr. Perry advised that a fence was not required along Churn Creek Road because of the existing trees. Mayor Kirkpatrick emphasized that the City will continue to work with Mr. Hiatt to resolve the problems as much as possible and minimize the discom- forts to all people. Mr. Hiatt, stated there is a lot of influx of people at certain times. He acknowledged that it was very busy a few months ago during their initial membership campaign. He said he would be willing to lock the gate; how- ever, construction of a fence would be too costly at this time. He said he was not aware of the drainage problem. Mr. Hiatt stated that business has been much slower lately. Mayor Kirkpatrick asked Mr. Perry to report back to Council and continue to monitor the situation. PUBLIC HEARING - re General Plan Amendment Application GPA-2-84, by Gary Stokes. (G-030-010) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re General Plan Amendment Application GPA-2-84, by Gary Stokes. 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 May 17, 1984 The Deputy City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 17, 1984, which is incorporated herein by reference. He advised that the Planning Commission has unanimously recommended reclassification of property located on the south side of Parkview Avenue, west of Hartnell Avenue, from "Office" to "Retail" and "Service Commercial ." He said the Commission further recommended that the "Service Commercial" area only be used for mini-warehouses. A map of the area was shown on the Vu Graph and Council was given a copy of an Addendum to EIR-2-81 . Mr. Perry pointed out that the property is presently owned by Gary Stokes; however, the southwest corner of Hartnell Avenue and Parkview Avenue is in escrow to Kleinschmidt Development Company. He explained that a sewer-service problem along the western edge of the property has been defined as one of the major reasons for the request and a mini-warehouse project would not need sewer connections. Mr. Perry explained that adoption of a resolution will not by itself limit the use of the western part of the property to mini-warehouse. The "Commercial Service" designation is a broad category equivalent to the "C-3" District. He said the General Plan does not have specific use classifications as intended by the Commission nor is there spe- cific use zoning and a separate agreement would be required to accom- plish the Commission's intent. He suggested that Council could deny the request, reclassify the area as requested, or classify the area as all retail or part retail . 5/21/84 131 Council Member Gard noted that under the requested designation, retail and service commercial uses would back up to residential . Mr. Perry responded that there are some commercial uses as well as residential to the west. Council Member Gard pointed out that a potential request has been received for multiple family units on the southern portion of the property. Mr. Perry explained that staff was opposed to that and would prefer waiting to see how the entire area will develop rather than approving piece-meal general plan amendments. Leonard Bandell , 1330 West Street, attorney representing Kleinschmidt Development Company, explained that the area requested for "Retail" is currently in escrow to his client. He noted that members of the Kleinschmidt Company are present to respond to any questions. Mr. Bandell indicated that the Planning Commission expressed no objection to the retail designation and as far as its proximity to residential is concerned, any project would be required to have a use permit. He felt the integrity of the residential area could be maintained through this process. Mr. Bandell requested that Council approve that portion of the Planning Commission recommendation which would allow retail on the northeast part of the property, even if they do not proceed with the rest of request. He noted that the issues were addressed by the Planning Commission six weeks ago and emphasized that his client needs to move forward with his project. Mr. Bandell asked that he be given the floor later in the hearing to answer any concerns the Council may have. Len Wingate, 292 Hemsted Drive, attorney representing Gary Stokes, pointed out the use of a development agreement for approval or re- striction of the General Plan for the use of a mini-warehouse. He said if there are any concerns about this designation , he would like to have the opportunity to respond. Mr. Wingate said it would seem that mini-warehouses would be an appropriate use of the property and will reduce the traffic count from a normal retail classification. He also felt it would create a buffer between the retail and residential uses. In response to an inquiry from Council Member Fulton, Mr. Wingate advised that his client would not be adverse to a C-3 type zoning without the mini-warehouse designation, but he felt the Planning Commission didn't like that idea because it was too broad. He said a development agreement was suggested at the Planning Commission hearing to limit the use to mini-warehouses. Council Member Gard asked the City Attorney, in lieu of prior develop- ment agreement approval of the General Plan, does that tie the amend- ment down. Mr. Hays advised that it does. He also noted that the General Plan designations are general in nature and are not intended for specific plans. He said specific plans are usually determined through zoning. Mr. Hays pointed out that the "Service Commercial" designation is the category which would allow mini-warehouses. He said he does not advocate specific zoning through General Plan amend- "' as it could proselytize land use needlessly. Mr. Hays stressed that it may defeat any long-term planning that may have been done on other General Plan Amendments. He also pointed out that the General Plan designation goes with the property--not to the property owners. Mr. Wingate pointed out that there is nothing unusual about tying a specific plan to a General Plan Amendment and that is something that 5/21/84 132 the City has not shyed away from in the past. He said the retail com- mercial designation does not allow for mini-warehouses and the Plan- ning Commission felt the C-3 designation allows too many uses. Mr. Wingate emphasized that in order to strike a balance it is necessary to have a specific plan or a development agreement to accomplish the project. He said Mr. Stokes felt a development agreement would be a good idea. Mr. Wingate responded to a question from Council Member Fulton that in concept, mini-warehouses would be an interim use and they don' t know for sure what will happen on the property in the future. Mr. Hays advised that a development agreement has the ability to be terminated and the mini-warehouse project is not foreseen as a long term use but an interim use by the applicant. Mr. Wingate concurred that no one is tied forever to that particular use. Gerhart Kleinschmidt, of Kleinschmidt Development Company, said their main concern is that the retail portion of the property be approved. He said the Planning Commission felt that was an appropriate desig- nation. He also pointed out that they have submitted plans for architectural review which are completely harmonious with the Raleys shopping center. Mr. Kleinschmidt stressed that he has not heard any objections either at the Planning Commission or City Council to the retail designation. He noted that they have tenants on line for the project and also pointed out that they will be moving their headquar- ters here. He said they would like to move forward before the rainy season begins and before the end of the year. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes In response to a question by Council Member Gard, Mr. Perry advised that traffic counts for retail are about twice as high as for office uses. Council Member Gard said she has some real concerns with making three General Plan changes in an area that, only two years ago, went through extensive public hearings, E. I .R. assessments, and traffic assess- ments. She also expressed concern about piece meal amendments and felt the people who were involved with the hearings in 1982 will not know what is happening until it has already happened. She noted that the retail designation could conceivably go to different owners. City Attorney Hays commented that the development agreement procedure would certainly be a policy change for the City since in the past, specific uses have been handled through zoning. Council Member Gard said that if Council approves this amendment with the use of a development agreement, she would like to emphasize that it is not a policy statement, but a one-time situation. Council Member Demsher pointed out that Council has made similar statements in the past but once it is done, it becomes a policy change regardless. He felt it would be a dangerous precedent to make and that people could come in with any type of proposal , one piece at a time. Mr. Demsher emphasized that people who reside in the area are not as aware or informed of the changes when they occur on a piece- meal basis. He felt it is a practice the City should not engage in. In response to an inquiry from Council Member Gard, Mr. Perry advised that in order to take a new look at the entire area, a new E. I.R. , 5/21/84 133 traffic studies, etc. , would be required and would possibly take more than three months and that the Planning Commission had already made this as a statement of intent. Ms. Gard felt that may be more appropriate than this piece-meal procedure, if there is the potential for so many changes. Council Member Gard noted that the "U" Unclassified zoning which is currently on the property, would require a use permit for almost any use which would give the City total control within certain parameters. She added that any use with the exception of mini-warehouses could be denied. Mr. Perry commented that even mini-warehouses could be denied under the use permit process. MOTION: Made by Council Member Gard, seconded by Council Member Pugh that the recommendation of the Planning Commission be approved for General Plan Amendment Application GPA-2-84, with the provision that any further general plan amendments on the property included in the Coblestone Development, will require a new traffic assessment and reassessment of all E. I.R. findings. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - Demsher Absent: Council Members - None MOTION: Made by Council Member Gard, seconded by Council Member Pugh that Council certify that EIR-2-81 , with incorporation of the Addendum dated April 6, 1984, adequately addresses the impacts of GPA-2-84 and finds that changes or alterations have been required in, or incor- porated into the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - Demsher Absent: Council Members - None Resolution MOTION: Made by Council Member Pugh, seconded by Council Member Gard that Resolution No. 84-101 be 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-2-84. Voting was as follows: Ayes: Council Members - Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - Demsher Absent: Council Members - None Resolution No. 84-101 is on file in the office of the City Clerk. PUBLIC HEARING - re Appeal of Lot Split LS-25-84, by Greg Washburn (L-010-150) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re appeal of Lot Split LS-25-84, by Greg Washburn. 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 Deputy City Clerk advised that no written protests have been received. 5/21/84 134 Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 18, 1984, which is incorporated herein by reference. He stated that the Planning Commission unanimously denied a request to divide property located at 1445 Lincoln Street into three parcels with lot widths of 2.0, 24, and 26 feet. A map of the area was shown on the Vu Graph. Mr. Perry explained that the applicant intends to construct a small office on each parcel with a common parking lot extending across all three parcels and one driveway entrance on the middle parcel . Mr. Perry explained that the applicant wishes to create small offices that can be held under individual ownerships rather than as lease space or creating the office building under a partnership or condominium. Mr. Perry stated that the Planning Commission denied the request on the basis that the parcels on their own do not meet minimum parking requirements. He said the joint-use parking lot contains ten spaces, which satisfies the Code requirement for the amount of office area proposed, but would be substandard if all or any one of the offices were to be converted to a retail use. Mr. Perry pointed out that neither the Commission nor the staff felt this was an appropriate location for lots of this width. Mr. Perry referred to a map on the wall indicating the few parcels in the downtown area that are under 25 feet in width. It is the recommendation of staff that the action of the Commission be upheld and the appeal be denied. Mr. David Allen, attorney for the applicant, pointed out that the project complies with lot sizes under the C-2 zone and it seems to be agreed that the parking lot can be accomplished; therefore, they are puzzled by the denial of the application. He said the applicant has endeavored to comply with the ordinance. Mr. Allen submitted exhibits including photographs of the site and the immediate area as well as a drawing of the proposed buildings. He noted that it is physically possible that, within the confines of the parcel , there could be some reorientation. Mr. Allen said this would bring about a down-grading of the development. He did not feel that a retail use would be feasible and if it was, it would be considered under the use permit process. Mr. Allen referred to the map showing parcel sizes in the downtown area and noted that in actuality there are more small parcels than the map indicates. He said the map must be an old map. MOTION: Made by Councilman Demsher, seconded by Councilman Fulton that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Pugh, City Attorney Hays advised that if this becomes a retail use, there is no provision for requiring additional parking. Council Member Gard asked what the procedure would be to create the building as a condominium. Mr. Perry advised that he would have to research the question but one of the requirements is to form a pro- perty owners association. The City Attorney noted that the parking lot would become a common area. Mr. Hays also pointed out that the use of the buildings could be restricted to office uses under a deed restriction; however, the City is not a party to that and does not have the ability to enforce it. 5/21/84 135 Council Member Demsher emphasized that Council is replete with com- plaints of inadequate parking in the business community and for the City to be a part in this is a precedent that it shouldn't engage in. Council Member Gard asked about the minimum parcel size for condo- "' miniums. Mr. Perry advised it was two acres but the Code addresses residential condominiums. Ms. Gard asked that the Code be updated to establish a minimum area for office condominiums. She felt the applicants could accomplish their goals through the condominium process. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that Lot Split LS-25-84 be denied and the action of the Planning Commission be upheld. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-2-84, by William Vargas (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-2-84, by William Vargas. 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 May 17, 1984 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- randum to Council dated May 17, 1984. He stated that the Planning Commission unanimously recommended rezoning of the property located at 374 through 3812 Parkview Avenue, from "R-2" Duplex Residential District to "CO-15-F" Office District and "U-F" Unclassified District. A map of the area was shown on the Vu Graph. It is the recommendation of both the Commission and staff that the area be rezoned, with zoning not to take effect until the applicant provides a survey of the top of the bank as a basis for a legal description and dedicates the "U-F" area to the City. It is further recommended that the negative declaration be ratified and staff be authorized to prepare the ordinance and that the concept be approved as outlined above. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Council make the following findings re Rezoning Applica- tion RZ-2-84, by William Vargas: 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 March 21 , 1984. The Vote: Unanimous Ayes 5/21/84 136 MOTION: Made by Council Member Pugh, seconded by Council Member Demsher authorizing the preparation of an ordinance and approving the concept as outlined regarding Rezoning Application RZ-2-84, by William Vargas. The Vote: Unanimous Ayes PUBLIC HEARING - re Overcrowding at Shasta Union High School District, Grant School District, and Shasta Lake Union Elementary School District (L-010-170) Council Member Demsher abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re school overcrowding at Shasta Union High School District, Grant School District, and Shasta Lake Union Elementary School District. The following documents are on file in the office of the City Clerk: Affidavit of Publication - Notice of Public Hearing The Deputy City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. Planning and Community Development Director Perry stated that the above school districts have filed findings of overcrowding with the City. He said staff is requesting that the public hearing be con- tinued two weeks to allow additional time to study the data submitted by the school districts. Mr. Allen Swanson, attorney representing two of the three school districts involved, said he is available to answer any questions if necessary. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing re overcrowding in Shasta Union High School District, Shasta Lake Union Elementary School District, and Grant School District, be continued to 7:30 P.M. , June 4, 1984. The Vote: Unanimous Ayes with Council Member Demsher abstaining CONTINUED PUBLIC HEARING - re Buckeye Pressure Zone Assessment District 1984-1 , Water System Improvements (A-170-150-920) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Buckeye Pressure Zone Assessment District 1984-1 , Water System Improvements. The following documents are on file in the office of the City Clerk: Affidavit of Posting - Notice of Continued 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. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes Special Bond Counsel Sperry advised that all problems have been resolved in these proceedings and submitted the following documents for filing and adoption: 5/21/84 137 Consent and Waiver Amended Engineer' s Report Resolution - Approving Report and Assessment and Ordering Improvement MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-102 be adopted, a resolution of the City Council of the City of Redding approving the Amended Report and Assessment and ordering improvements for Buckeye Pressure Zone Assess- ment District No. 1984-1 , Water System Improvements. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-102 is on file in the office of the City Clerk. Paid and Unpaid List Resolution - Confirming Paid and Unpaid List MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-103 be adopted, a resolution of the City Council of the City of Redding confirming paid and unpaid list for Buckeye Pressure Zone Assessment District No. 1984-1 , Water System Improvements. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-103 is on file in the office of the City Clerk. Resolution - Authorizing Issuance of Bonds MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-104 be adopted, a resolution of the City Council of the City of Redding authorizing issuance of bonds for Buckeye Pressure Zone Assessment District No. 1984-1 , Water System Improvements. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-104 is on file in the office of the City Clerk. Resolution - Ordering Sale of Bonds MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-105 be adopted, a resolution of the City Council of the City of Redding ordering sale of bonds for Buckeye Pressure Zone Assessment District No. 1984-1 , Water System Improve- ments. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick, Noes: Council Members - None Absent: Council Members - None Resolution No. 84-105 is on file in the office of the City Clerk. 5/21/84 138 SET PUBLIC HEARING - re Water Rate Increase (W-030-400-020) Public Works Director Arness recommended that a public hearing be set for 7:30 P.M. , June 18, 1984, to consider a proposed water rate modification. He explained that this proposed modification will put into effect the new water rate schedule approved in concept by Council in 1983, which will provide a uniform water rate for all users. Mr. Arness noted that it appears there are about 760 accounts that will be affected by this change. Mayor Gard asked that these same figures be included in the staff report for the public hearing. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that a public hearing be set for 7:30 P.M. , June 18, 1984, to consider the proposed water rate increase. The Vote: Unanimous Ayes AWARD OF BID - Reconstruction of Placer Street from Highland Avenue to San Francisco Street (B-050-020 and S-070-100) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Bid Schedule No. 1485 (Job No. 9328) , be awarded to Tullis & Associ- ates , Inc. , on its low hid in the amount of $79,786.00. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh AWARD OF BID - Construction of Concrete Curb, Gutter, and Sidewalk Along Freebridge, Rio, and Anita Streets (B-050-020 and S-070-100) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council makes the following findings regarding Bid Schedule No. 1530: 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 Administra- tive Review on April 25, 1984. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Bid Schedule No. 1530 (Job No. 8652) , construction of concrete curb, gutter, and sidewalk along Freebridge, Rio, and Anita Streets, be awarded to Dunton Concrete on its low bid in the amount of $47,665.28. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh NOTICE OF COMPLETION - Bechelli Lane 12-Inch Water Line Replacement (B-050-020 and W-030-725) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Pugh that Bid Schedule No. 1514 (Job No. 9412) , be accepted as satisfactorily com- pleted by Cox and Cox Construction, Inc. (final contract price $98,819). 5/21/84 139 Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - Pugh KRCR PROPERTY EXCHANGE (C-070-010 and C-070-200) City Attorney Hays explained that the City has negotiated with Mr. Green representing Sacramento Valley Television (KRCR) , regarding the land exchange between the City and KRCR, which was approved in concept by Council on April 16, 1984. A copy of the proposed site plan was submitted to Council . Mr. Hays stated that an agreement has been reached on the conditions to be placed on the City property substantially in the form contained in Mr. Perry' s memo of April 13, 1984. It is the recommendation of the City Attorney that the City authorize the Mayor to sign the Deed which would accomplish the transfer of the City property to Sacramento Valley Television upon its preparation by the City Attorney. Mr. Hays pointed out that technicalities of the agreement have been worked out including provisions for the Auditorium Sign. In response to an inquiry from Council Member Fulton, Mr. Hays advised that a long term lease situation was not proposed by KRCR and therefore was not considered by the City. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh authorizing the Mayor to sign the Deed to accomplish the transfer of the City property to Sacramento Valley Television upon its preparation by the City Attorney. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Pugh, and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - None AGREEMENT WITH REDDING SWIM CLUB - Concession Stand at Lake Redding Plunge (P-050-700-600) Council Member Pugh abstained from voting on this matter. MOTION: Made by Council Member Gard, seconded by Council Member Fulton approving a one year extension of an Agreement with the Redding Swim Club to operate the concession stand at the Lake Redding Plunge, commencing June 1 , 1984, and terminating May 31 , 1985. The Vote: Unanimous Ayes with Council Member Pugh abstaining CLAIM SETTLEMENTS The City Attorney advised that the following claims have been settled by the City Insurance Carrier: Calesco, Inc. by Chris Walden - Claim for Damages filed 3/16/83 Settled in the Amount of $482.76 (C-090-020) Connie Anderson - Claim for Personal Injury filed 2/8/84 Settled in the Amount of $2,000 (C-090-050) ROUTINE REPORTS AND COMMUNICATIONS Public Utilities Commission: (S-050-350) Investigation on Establishment of Guidelines for Local Governments Civil Aeronautics Board: 5/21/84 140 (F-200-070) Essential Air Service, Chico, Crescent City, Santa Rosa Alcoholic Beverage License Applications: (A-110-140) The Corner Store (Ralph Anderson) 6271 Eastside Road Stop & Serve (Stop & Serve Inc. ) 1909 Pine Street Gingers Garden Terrace (Virginia and Wm. Schneider) 820 Butte Street Sandwichery (Patrick & Sandra Watson) 1341 Tehama Street State Energy Resources Conservation & Development Commission: (E-120) Notice of Preparation of Electricity Report ORAL COMMUNICATIONS (C-070-010 & C-070-200) Vi Klaseen, 595 Mary Street, said she attended the meeting of the Parks and Recreation Commission when the KRCR land exchange proposal was discussed. She stated she concurred with the Commission that this land should be retained and used by the City. Mrs. Klaseen said she is concerned about the City on the east side of the river becoming a large retail , commercial area. She said an area that is wholly commercial doesn' t have the soul of the City and we need to be conscious of keeping the area vital and alive. Mrs. Klaseen felt if a center could be created around the auditorium it would tie the two sides of the town together. Mayor Kirkpatrick said, as a resident of the east side of the City, he does not consider it two cities. He pointed out that they have many recrea- tional facilities on the east side and are improving all the time. He emphasized that it will take time, but the west side has had many more years to develop. Council Member Gard noted that if time permits on the next agenda, she will ask for time to report on the Economic Development Committee activities. ADJOURNMENT There being no further business, at the hour of 9:00 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ' /AL ;/44( Mayor ATTEST:ce_5; X(z!_,,(_ __(/4) ) Ci � 'Clerk b � Y Deputy City Clerk 5/21/84