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HomeMy WebLinkAboutMinutes - City Council - 1984-06-04 141 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California June 4, 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by Public Works Director Arness. The invocation was offered by Pastor Glenn Biggs of the Community Baptist Church. 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 Attorney Hays, Public Works Director Arness, Plan- ning and Community Development Director Perry, Housing and Redevelopment Administrator Henson, Associate Civil Engineer Aasen, Finance Director Downing, Airports Director Homan, Executive Assistant Masingale, Associate Planner King, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Regular Meeting of May 21 , 1984 Approval of Payroll and Accounts Payable Registers (B-130-110) Recommend that Accounts Payable Register No. 23, check numbers 98068 through 98308 inclusive, in the amount of $496,925.30 be approved and paid, and Payroll Register No. 24, check numbers 191137 through 191723 inclusive, in the amount of $447,182.61 for the period May 6, 1984, through May 19, 1984, be approved. Total : $944,107.91 Claims for Damage and Personal Injury - 1st Hearing Marion Ramsdell - Claim for Personal Injury filed 5/30/84 Recommend denial and refer to Insurance Carrier (C-090-050) Orlando Vasquez, Patrick J. Arballo, and Daniel Ojeda, by Attorneys Halkides & Morgan - Claim for Personal Injury filed 5/29/84 Recommend denial and refer to Insurance Carrier (C-090-050) Set Public Hearings - Rezoning Applications RZ-3-84, RZ-6-84, and RZ-7-84, and General Plan Amendment GPA-4-84 *(L-010-230 and G-030-010) Planning Director recommends that the following applications be set for public hearings as listed: RZ-3-84, by Naticchioni - 7:30 P.M. , June 18, 1984 RZ-6-84, by Hoisington - 7:30 P.M. , June 18, 1984 RZ-7-84, by City of Redding - 7:30 P.M. , June 18, 1984 GPA-4-84, by Quartz Hill Land Co. - 7:30 P.M. , June 18, 1984 IllAppeal of Tentative Subdivision Map S-2-84, Ross Subdivision - by Robert Roesner (S-100-675) The Planning Director advised that the Planning Commission has con- sidered the comments of the applicant pertaining to Tentative 6/4/84 142 Subdivision Map S-2-84, Ross Subdivision, by Robert Roesner, and determined that the original action not be amended. It is the recommendation of staff that the action of the Commission be upheld and the appeal be denied. Resolution - re State Deferred Loan Program Amendment #3 (G-100-030-125) Planning Director recommends that Resolution No. 84-106 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of an amendment to standard Agreement No. 79-026, HRL-18 of the Deferred Payment Rehabilitation Loan Program of the State of California. Resolution - re Prohibition of Parking on Parkview Avenue East of Henderson Road (P-030-250) Public Works Director recommends that Resolution No. 84-107 be adopted, a resolution of the City Council of the City of Redding prohibiting parking at all times on Parkview Avenue for a distance of 300 feet east of Henderson Road. Resolution - re Installation of Stop Sign on Henderson Road at Park- view Avenue (T-080-720) Public Works Director recommends that Resolution No. 84-108 be adopted, a resolution of the City Council of the City of Redding authorizing the installation of a stop sign on Henderson Road at Parkview Avenue. Resolutions - Authorizing Application for California Aid to Airports Program Loans (G-100-070 and A-090-100) Airports Director recommends that Resolution No. 84-109 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a loan application for a fire and rescue building addition project at the Redding Municipal Airport and authorizing the City Manager to execute the appropriate documents. Airports Director recommends that Resolution No. 84-110 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a loan application for a holding apron for Runway 34, a taxiway turnoff for Runway 16 and a visual approach slope indicator for Runway 30 project at the Redding Municipal Airport and authorizing the City Manager to execute the appropriate documents. Airports Director recommends that Resolution No. 84-111 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a loan application for extension and overlay of Runway 12/30 project at the Redding Municipal Airport and authorizing the City Manager to execute the appropriate documents. Airports Director recommends that Resolution No. 84-112 be adopted, a resolution of the City Council of the City of Redding authorizing the filing of a loan application for transient and commercial ramp exten- sions project at the Redding Municipal Airport and authorizing the City Manager to execute the appropriate documents. Award of Bid - Construction of 2.0 MG Reservoir at Hill 900 (B-050-020 and W-030-450) Public Works Director Arness recommends that Council make the follow- ing findings regarding Bid Schedule No. 1531 : 6/4/84 143 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 May 16, 1984. It is further recommended that Bid Schedule No. 1531 , Job Order No. 9329, construction of 2.0 MG Reservoir at Hill 900, be awarded to Prairie Tank & Construction Co. , on its low bid in the amount of $390,406. Award of Bid - Lake Blvd. East/Boulder Drive Water Line Replacement (B-050-020 and W-030-725) Public Works Director recommended that Council make the following findings regarding Bid Schedule No. 1533: 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 May 23, 1984. It is further recommended that Bid Schedule No. 1533, Job Order No. 9453, Lake Blvd. East/Boulder Drive Water Line Replacement, be awarded to Marshall Worley Construction, Inc. on its low bid in the amount of $44,995. Notice of Completion - Replacement of Curb, Gutter, and Sidewalk at Various Locations Throughout the City (B-050-020) Public Works Director recommends that Bid Schedule No. 1521 , Job Order No. 9425, for the replacement of curb, gutter, and sidewalk at various locations throughout the City, be accepted as satisfactorily completed by Robert J. Frank, and that the City Clerk be instructed to file a Notice of Completion (final contract price $20,885.50) . Acceptance of Final Map and Improvements S-5-83 - Ridgeview Subdivi- sion, Unit No. 3 (S_070"23J3!& S-100-640) Public Works Director recommends that improvements in Ridgeview Subdivision, Unit No. 3, be accepted as satisfactorily completed, and that the City Clerk be instructed to file the map with the Shasta County Recorder. It is further recommended that Resolution No. 84-113 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Appalachian Way, Rushmore Drive and portions of Quartz Way and Cumberland Drive in the Ridgeview Subdivision, Unit No. 3. Acceptance of Final Map - Parkwood Estates Subdivision, Unit No. 2 (S-100-583) Public Works Director recommends that the final map for Parkwood Estates Subdivision, Unit No. 2, be approved, the Mayor be authorized to sign the Subdivision Agreement, and the City Clerk be instructed to file the map with the Shasta County Recorder. 6/4/84 144 Resolution - re Prohibition of Parking at Air Show 1984 Activities (P-030-250 and A-090-100) City Attorney recommends that Resolution No. 84-114 be adopted, a resolution of the City Council of the City of Redding prohibiting parking on a portion of Airport Road during the Air Show 1984 cele- bration. Resolution - Rescinding Resolution of Intention to Abate Holliday Motel (Hillside Cottages) , 2070 Market Street (A-030-070) City Attorney recommends that. Resolution No. 84-115 be adopted, a resolution of the City Council of the City of Redding rescinding Resolution No. 80-17 commencing legal proceedings of abatement on property located at 4070 Market Street. Funding Agreement - Redding JayCees (B-130-030-650) City Attorney recommends that Council approve the annual funding agreement with the Redding JayCees for promotional funds in the amount of $2,930, for the 1984-85 fiscal year. Lease Agreement - Shasta Growers Association (C-070-100) City Attorney recommends that Council approve a lease agreement with the Shasta Growers to operate their farmers' produce market in front of City Hall on Parkview Avenue, commencing July 1 , 1984, and termina- ting June 30, 1985. Funding Agreement - Redding Colts Youth Football (B-130-030-625) City Attorney recommends that Council approve a funding agreement with the Redding Colts Youth Football , to provide payment from the City of111 Redding in the amount of $900 to assist in the cost of procuring referees and ambulance services for their football games during the 1984-85 season. Funding Agreement - Enterprise Eagles Youth Football (B-130-030-050) City Attorney recommends that Council approve the annual funding agreement with the Enterprise Eagles Youth Football , to provide payment from the City of Redding in the amount of $900 to assist in the cost of procuring referees and ambulance service at their football games during the 1984-85 season. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Kirkpatrick, Pugh, and Gard Noes: Council Members - None Absent: Council Members - None Resolution Numbers 84-106, 84-107, 84-108, 84-109, 84-110, 84-111 , 84-112, 84-113, 84-114, and 84-115, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Letter of Resignation from J. M. Wells, Jr. - Community Development Advisory Committee (B-080-600-100) A letter was received from J. M. Wells, Jr. , advising that due to time demands of his law practice and other business activities, he will not seek reappointment to the Community Development Advisory Committee. 6/4/84 145 MOTION: Made by Council Member Demsher, seconded by Council Member Gard, accepting the resignation of J. M. Wells, Jr. , from the Com- munity Development Advisory Committee. The Vote: Unanimous Ayes CHURN CREEK ROAD/HIGHWAY 44 OVERPASS ASSESSMENT DISTRICT NO. 1984-3 (A-170-020-100) Public Works Director Arness advised that a resolution is being submitted to correct the amount of assessments 4 and 26. It was noted that the adjustments result in a decrease in assessments. Resolution - Ordering Change of Proceedings Without Notice or Hearing MOTION: Made by Council Member Demsher, seconded by Council Member Fulton, ordering change of proceedings without notice or hearing in connection with Assessment District No. 1984-3, Churn Creek Road/Highway 44 Overpass. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-116 is on file in the office of the City Clerk. APPOINTMENTS - Airports Commission (B-080-010) Mayor Kirkpatrick made the following recommendations for appointment to the Airports Commission: Arch H. Maxwell Jr. - To fill unexpired term of Steven Regelin, to May 1 , 1985 Keith A. Rose - To fill vacancy created by resignation of Charlie Chase, to May 1 , 1988 MOTION: Made by Council Member Pugh , seconded by Council Member Fulton approving the appointments to the Airports Commission as stated above. The Vote: Unanimous Ayes TENTATIVE SUBDIVISION MAP S-12-83 - Woodhaven (S-100-808) Council was advised that the Planning Commission has granted permission to subdivide property described as Tentative Subdivision Map S-12-83, Wood- haven. A map of the area was shown on the Vu Graph. This was an informa- tion item and no action was required by Council . TENTATIVE SUBDIVISION MAP S-6-84 - Mule Ridge (S-100-505) Council was advised that the Planning Commission has granted permission to subdivide property described as Tentative Subdivision Map S-6-84, Mule Ridge. A map of the area was shown on the Vu Graph. This was an informa- tion item and no action was required by Council . DISPOSAL OF SURPLUS PROPERTY - Enterprise Reservoir (C-070-200 and W-030-450) Planning and Community Development Director Perry advised that there is no practical City use for the northeast corner of the site of the Enterprise water reservoir, and recommended that this triangular area be declared surplus. He noted that staff is suggesting that approximately 5 ,800 square feet in the northeast corner of the City property be declared surplus and be made available for exchange or sale to the Canby Hills Subdivision. Mr. Perry said, in exchange for this land, staff would recommend that the owner of the subdivision provide an improved access road to the reservoir site from the north and also extend the storm drain from the City property to the street. 6/4/84 146 It is the recommendation of staff that the land be referred to the City Attorney for disposition. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that 5,800 square feet of the northeast corner of the Enterprise Reservoir, be declared surplus and instructed the City Attorney to proceed with disposi- tion of the property. The Vote: Unanimous Ayes111 REQUEST FOR ELIMINATION OF PARKING ALONG RIVIERA DRIVE - Albert Reginato (P-030-200) Public Works Director Arness advised that the Traffic and Parking Commis- sion has reviewed a request from Albert Reginato, 4725 Enchanted Way, for the elimination of parking along Riviera Drive. Four alternatives were reviewed; however, it was the recommendation of the Public Works Director that the roadway be left as it is. He suggested that the City should pursue the feasibility of an assessment district for the construction of sidewalks to remove a possible conflict with pedestrians, parked vehicles, and vehicles in the travel lanes. The Traffic and Parking Commission urged residents at the meeting to consider the formation of an assessment dis- trict to install sidewalks. Mr. Arness stated that the Commission voted unanimously to deny Mr. Reginato' s request for parking elimination along Riviera Drive and request that the Police Department provide additional enforcement of the 25 mph speed zone on Riviera Drive. This was an information item and no action was required. PUBLIC WORKS PLANNING REPORTS - June 1984 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for June, 1984. SUMMONS AND COMPLAINTS (C-090-100) City Attorney Hays advised that the following summons and complaints have been received by the City of Redding: • Raymond Victor Whedon, by Attorney Russell Reiner vs. City of Redding el al Russell Grelling et al , by Attorney Jerrald Pickering vs. City of Redding et al These were information items and no action was required by Council . ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-110-140) Sausage Factory Pizzeria & Deli (James & Karen Mathewson) 1804 Park Marina Drive El Pollo Bandito, The Chicken Bandit (El Pollo Bandito, Inc. ) 1135 Pine Street, #101 International House of Pancakes (Asher, Koenig, and Levitz) 2495 Hilltop Drive Sizzler Family Steak House #338 (Ali Senemar) 2445 Athens Avenue Stampede (Bill & Patsy Woods) 2655 Bechelli Lane Pacific Gas and Electric Co. : (S-050-350) Notice of Application to Increase Electric Rates 6/4/84 147 Public Utilities Commission: (S-050-350) Application for Authority to Merge The Atchison, Topeka and Santa Fe Railway Company with Southern Pacific Article about the City of Redding in "High Flyer" Magazine (A-050-500) RECESS There being no further business other than the public hearings, at the hour of 7:18 P.M. , Mayor Kirkpatrick declared a recess until 7:30 P.M. CONTINUED 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 on voting and discussion pertaining to overcrowding in the Shasta Union High School District. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the continued public hearing re 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 Posting - Notice of Continued Public Hearing The City Clerk advised that no written protests have been received. Shasta Union High School District Planning and Community Development Director Perry recommended that the public hearing regarding this matter be continued until July 2, 1984, to allow both sides of this issue to meet and resolve questions regarding the findings of overcrowdedness. It was also noted that a letter has been received from Alan Swanson, Attorney for the School District, asking for a continuance to allow time to prepare its findings based upon a new definition of "proposed development" . Mayor Kirkpatrick asked if it would be appropriate to keep this portion of the hearing open and still make a decision regarding the other school districts. City Attorney Hays answered affirmatively and suggested that Council allow public comments at this time, in the event that someone would not be able to return for the July 2, 1984, meeting. Alan Swanson, Attorney representing the Shasta Union High School District and the Shasta Lake Union Elementary School District, said he agrees with Mr. Perry that they need to work more with staff to resolve questions. He said he does not feel it would be appropriate to consider the findings until the definition of "proposed develop- ment" is resolved. In response to an inquiry from Council Member Pugh, Mr. Perry advised that staff should be able to verify various numbers, define "develop- ment" and "projected development," by July 2, 1984. He noted that the existing ordinance runs until the end of June. 6/4/84 148 City Attorney Hays advised that Council has the ability to modify the findings if it wishes. He said staff will attempt to reach some understanding with the school districts. MOTION: Made by Council Member Pugh, seconded by Council Member Gard that the public hearing re school overcrowding at Shasta Union High School District, be continued to 7:30 P.M. , July 2, 1984. The Vote: Unanimous Ayes with Council Member Demsher abstaining Grant School District Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 30, 1984, which is incorporated herein by reference. He stated that the Grant School District has requested that development fees for classroom facilities are necessary due to potential overcrowding conditions for the school year 1984-85. School enrollment figures were listed. Mr. Perry indicated that, using the State' s loading factor of 29.9 students per classroom, the capacity of the school is 360, not includ- ing the temporary portable classroom which provides an additional capacity of 29.9 students. Mr. Perry pointed out that the district has based its request on the potential development of the Mary Lake Subdivision and the Montgomery Ranch Estate Subdivision. Mr. Perry stated that staff recognizes there is the potential for future overcrowding, but does not believe that an overcrowded condition is justified for this year. He listed the reasons for this recommendation. It is the recommendation of staff that school mitigation fees for Grant School District not be imposed for the 1984-85 school year. Joe Nocero, Superintendent/Principal of Grant School District, ques- tioned the State's loading factor and said they cannot crowd 30 kids in each classroom. He said they presently have 298 children and the numbers are increasing. Mr. Nocero stated they have 48 eighth grade students graduating this year but will be enrolling enough kinder- gartners and other new students to exceed the 48 who are leaving. Mr. Nocero pointed out that the $2.8,000 they have collected thus far in mitigation fees is not enough to purchase or lease a relocatable classroom. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard asked the City Attorney if she should abstain from voting on this matter since she owns undeveloped property in the Grant School District. Mr. Hays did not feel it would be necessary for her to abstain. Council Member Gard stated she has some problems with the "lag time" for school districts to receive funds. She said fees need to be collected over a long period of time before there is a manageable amount of money to address the problem. Council Member Demsher was concerned that the amount of money col- lected does not meet the building needs when they occur. He said the potential is there for increased enrollment with the development of Mary Lake Subdivision and Montgomery Ranch Estate Subdivision. Mr. Demsher felt everyone has an obligation to meet educational needs in a 6/4/84 149 community. He said by not approving mitigation fees for Grant School District, this would be putting off the problem. Council Member Gard pointed out that all these fees raise the cost of housing which is a dreadful problem; however, there are no funding options left to schools. She agrees that the enrollment projections are not what they were expected to be, but there is no way to go back later and collect fees for those units that are not charged now. Council Member Pugh emphasized that if fees are levied in one district and not in another, the City is dictating, to some extent, where the housing is going to be built. He said there should be some method by which fees could be distributed evenly and consistently. Council Member Demsher said it is unfortunate that there isn't a method by which property owners could be called upon when there is a need. He also noted that while the fees seem to be substantial , it is not enough to meet the needs as they exist now. Mr. Demsher stressed that while an overcrowded condition does not exist at this moment, the potential is there. He said funds should be accumulating now for one or two more classrooms in the future. MOTION: Made by Council Member Gard, seconded by Council Member Fulton finding that the potential for overcrowding does exist for this fiscal year ending June 30, 1985, in the Grant School District. The Vote: Unanimous Ayes Planning and Community Development Director Perry suggested that the City Attorney's office should be instructed to prepare a resolution for the next regular meeting. Council Member Pugh asked who sets the fees and discussion ensued regarding the establishment of consistent criteria for setting fees. MOTION: Made by Council Member Demsher, seconded by Council Member Gard to postpone a determination about the amount of the fees until Council makes a recommendation on a relatively uniform fee for all of the school districts in which the City has jurisdiction. The Vote: Unanimous Ayes Shasta Lake Union Elementary School District Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 30, 1984. He stated that Shasta Lake Union Elementary School District is requesting that mitigation fees be adopted by the City to alleviate overcrowding. It is the recommendation of staff that Shasta Lake Union Elementary School District be found to be overcrowded. However, Mr. Perry suggested that Council postpone the adoption of the proposed resolu- tion and ordinance until a uniform fee schedule is determined. MOTION: Made by Council Member Fulton, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council find Shasta Lake Union Elementary School District to be overcrowded; and, that interim classroom facility fees be adopted when a uniform fee schedule can be determined. The Vote: Unanimous Ayes 6/4/84 150 Mr. Perry pointed out that there are nine elementary school districts and two high school districts, all reflecting different types of development. He noted that some areas are more rural than others and not all dwelling units are the same. PUBLIC HEARING - re Appeal of Denial of Use Permit UP-75-84, by Frank Wilson (L-010-030) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re the appeal of denial of Use Permit UP-75-84, by Frank Wilson. 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 June 1 , 1984, which is incorporated herein by reference. He stated that the Planning Commission has denied the request by Frank Wilson to construct a 51 ,650-square-foot retail and office project consisting of 3 one-story, 1 two-story, and 2 three- story buildings on property located at 2705 Park Marina Drive, in a "U" Unclassified District. Mr. Perry said that subsequent to that action, the applicant appealed the Commission' s action to the City Council . Maps of the area were shown on the Vu Graph. Mr. Perry reviewed some of the concerns with the project and said the major concern with the project is the two 3-story buildings immed- iately adjacent to the river. He explained that actual building elevations, amount of floor area per floor, materials, etc. were not definite at the Planning Commission hearing. Mr. Perry emphasized that in the past, both the Planning Commission and the Council have designated the Sacramento River as a "Scenic Waterway." He listed the findings made by the Planning Commission in denying the use permit; and, as a follow-up to their action, the Planning Commission has initiated a rezoning to establish building heights , building setbacks , and pedestrian paths, access points, overlooks, and development standards along the river. Mr. Perry explained that the Commission did not make an environmental determination on whether or not to require an environmental impact report or prepare a negative declaration. He said for Council to approve the use permit, it would be necessary to first require an EIR or determine that there is not a significant environmental impact. It is the recommendation of staff that the action of the Commission be upheld and the appeal be denied. Mr. Perry pointed out that Mr. Wilson has now submitted actual build- ing elevations , etc. , which have not been considered by the Planning Commission. Discussion ensued regarding the grading of the property and Mr. Arness estimated that the top one to one and one half foot of fill has been brought in over the past five years. He added that some of this fill is not much higher than some of the old fill . • 6/4/84 151 Council Member Fulton asked when the Commission decided to review the building heights along the river. Mr. Perry advised that they made that decision as a follow-up to the action on this application. Mr. Bill Woodward, architect for the project, referred to drawings of the buildings posted on the wall . He pointed out that additional space has been opened up to afford additional vistas to the river. He noted that the parking meets the requirements of the Planning Staff and the project is heavily landscaped. Mr. Woodward also explained that they have changed the design of the buildings and moved them back ten feet to create a public walkway and access to the River. He added that there will also be a public walkway between the two buildings and gazebos will be constructed along the river frontage. He said land- scaping will be installed within the riprapping. It is the feeling of Mr. Woodward that the project will not restrict the view of the river and will , in fact, enhance the use of the river and afford a more scenic view. He said the buildings will become obscure next to the large trees and landscaping. In response to an inquiry from Council Member Gard, Mr. Woodward explained that the closest building will be 25 feet from the rip- rapping. At this time, Mr. Woodward presented some slides of the proposed project area. Mike Wells, Attorney for the developer, said he is not sure why the zoning is "U" Unclassified. He added that if the property were zoned "C-2" like the surrounding zoning, there would not be a problem. He questioned why the developer should have to wait for a study of this entire area when, in fact, the surrounding properties are already developed as commercial . Mr. Wells emphasized that this is a quality plan in a commercial area which has acquiesced to the Planning Commis- sion' s desires. He felt the real issue is whether or not three-story buildings will be allowed along the river. Mr. Wells pointed out that the area will be more open and people will be able to have access to the river. He asked that the denial be overruled. Vi Klaseen, 595 Mary Street, had concerns about the increased riprapp- ing along the river. Mr. Perry explained that they are not proposing additional fill in the river. Mr. Wells clarified that the riprapping has been there for many years and they plan to smooth out the existing riprapping and add landscap- ing. He said there will be no further encroachment on the river. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Gard said she totally concurs with the Planning Commis- sion's recommendation. Council Member Fulton noted that this is a chance to enhance an area which has been an eye sore for many years. He noted that the build- ings will only extend along the river bank for two to three hundred feet. 6/4/84 152 Council Member Gard noted that the property is surrounded by the river on two sides. Council Member Demsher concurred that the property needs to be devel- oped in some way; however, he has concerns about the three-story buildings and the setbacks. He felt setbacks should be at least 50 to 60 feet. Mr. Demsher said the City Council as well as the Planning Commission has been careful about the height of structures along the river. Mayor Kirkpatrick felt this is a project that could benefit the area. He said in looking at the area from the street, he sees no problem with the three-story buildings. He added that the setback area and how it is to be used is a matter for discussion. The Mayor pointed out that the Planning Commission did not have the advantage of an architectural rendering of the project and any decision would have been difficult. Council Member Fulton voiced concern that this project has been in the planning stages for five to six months and the Planning Commission should have made their intentions known to the developer long ago. MOTION: Made by Council Member Gard, seconded by Council Member Demsher that the appeal of the denial of Use Permit UP-75-84, by Frank Wilson, be denied. Voting was as follows: Ayes: Council Members - Demsher and Gard Noes: Council Members - Fulton and Kirkpatrick Absent: Council Members - None Abstain: Council Members - Pugh Motion failed. Mayor Kirkpatrick emphasized that he feels the Planning Commission's decision to consider the zoning in this entire area is certainly appropriate but feels this project should be allowed to move forward. City Attorney Hays pointed out that the project the Council is con- sidering tonight is substantially different then the one the Planning Commission acted upon. Mr. Perry explained that if the Council intends to uphold the appeal , it would be necessary to refer the project back to the Planning Commission for an environmental determination. He said if Council denies the appeal , Mr. Wilson can submit a new application to the Planning Commission or wait until the rezoning. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick granting the appeal of Use Permit UP-75-84, by Frank Wilson. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Demsher and Gard Absent: Council Members - None Abstain: Council Members - Pugh Motion failed. Mayor Kirkpatrick explained that there is a provision in the City Code that if both the motions for approval and denial fail , the action of the Planning Commission is upheld. 6/4/84 153 PUBLIC HEARING - re Planned Development Application PD-2-84, Bonnyview Meadows West (S-100-054 and L-010-210) Council Member Pugh abstained from voting and discussion on this matter. The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Planned Development Application PD-2-84, Bonnyview Meadows West. 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 31 , 1984 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 31 , 1984. He stated that the Planning Commission has recommended approval of PD-2-84, proposing to develop 48 units on property located north of Girvan Road, east of Waverly Manor Subdivision, and west of Olney Creek. Maps of the area were shown on the Vu Graph and the draft negative declaration was submitted to Council . It is the recommendation of the Planning Commission and staff that the negative declaration be ratified and the tentative map for PD-2-84, be approved subject to the conditions as listed and that, Council make certain findings as set forth in the Government Code. It is further recommended that the City Attorney be instructed to prepare the necessary ordinance. Mr. Vester Marler, 2703 Sacramento Drive, explained that the access to the subject property is on the west side of his property. He noted that he did not receive notice of these hearings and is therefore unsure of the plans. Mr. Marler was concerned about the traffic on Riverside Drive and Sacramento Drive and asked if there is any pro- posal to extend Waverly Drive. Mr. Perry displayed the street plan for the project and explained that there is no plan to extend Waverly Drive. Mr. Marler was concerned about the 20 feet proposed to be taken away from his property. He said this would take most of his front yard. Public Works Director Arness explained that the 20 feet would be for corner roundings. Mr. Perry indicated that from the wording in the conditions, he would assume the corner rounding has already been obtained from the Marler property. Mr. Marler felt it would be more logical to take the traffic down Girvan Road rather than Sacramento Drive. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes with Council Member Pugh abstaining Mr. Perry suggested that Mr. Marler come to the Planning Department and review the traffic assessments and the E. I.R. prepared for this area in 1968. 6/4/84 154 MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Council make the following findings re Planned Development Application PD-2-84, Bonnyview Meadows West: 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 Planning Commission on April 10, 1984. The Vote: Unanimous Ayes with Council Member Pugh abstaining MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the tentative map for PD-2-84 be approved, subject to the prepared list of conditions and that, in accordance with the Government Code of the State of California, the Planning Commission find and declare that, as set forth in Government Code Section 66474, none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that the proposed subdivision is consistent with the Redding General Plan and applicable specific plans; and, in accordance with Section 18.36.050 (C) of the Redding City Code that the Council finds that the findings necessary to grant bonus units are in evidence; and, that the City Attorney be instructed to prepare the necessary ordinance. The Vote: Unanimous Ayes with Council Member Pugh abstaining PUBLIC HEARING - re Rezoning Application RZ-5-84, by City of Redding (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-5-84, 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 May 31 , 1984 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 May 31 , 1984. He stated that the Planning Commission has recommended rezoning of the following area: The rezoning of property located at 3485 Placer Street, from "R-1" Single- Family Residential District to "C-1-F" Neighborhood Commercial Dis- trict. A map of the area was shown on the Vu Graph and the draft negative declaration was submitted to Council . Mr. Perry listed the recommended site plan review criteria for the property. He noted that staff has not received any correspondence from adjoining property owners or residents as of the date of this report. It is the recommendation of both the Planning Commission and staff that the area be rezoned to "C-1-F," that the negative declaration be ratified and that the proposed ordinance be offered for first reading. MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes 6/4/84 155 MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings re Rezoning Applica- tion RZ-5-84, by City of Redding: 1 . Project is compatible with the Redding General Plan. 111 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 28, 1984. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1687 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-5-84) . PUBLIC HEARING - re Planned Development Application PD-1-84, by State Wide Developers (L-010-210) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Planned Development Application PD-1-84, by State Wide Developers. 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 31 , 1984 The City Clerk advised that no written protests have been received. Planning and Community Development Director Perry reviewed his memo- randum to Council dated May 31 , 1984. He stated that the Planning Commission has recommended rezoning of property located at 2401 Victor Avenue, from "U" Unclassified District to "PD" Planned Development District. Maps of the area were shown on the Vu Graph. Mr. Perry explained that EIR-7-78 was recertified as adequate in addressing the environmental issues associated with this project and the City Council previously review this EIR. It is the recommendation of the Planning Commission and staff that PD-1-84 be approved and that Council make certain findings as set forth in the Government Code. It is further recommended that findings be made pertaining to the EIR and that the ordinance be offered for first reading. Jim Ramsey, one of the co-owners of State Wide Developers, advised that this is simply a resubmission of an earlier application which did not go forward due to legal reasons. MOTION: Made by Council Member Pugh , seconded by Council Member Demsher that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Planned Development Application PD-1-84, by State Wide Developers, be approved; and, as set forth in Government Code Section 66474, Council finds that none of the conditions as listed in (a) through (g) exist with regard to this proposed subdivision and that 6/4/84 156 the proposed subdivision is consistent with the Redding General Plan and applicable specific plans; and, that in accordance with Section 15088 of the Government Code, the Council finds that changes or alterations have been required in, or incorporated into the project which mitigate or avoid the significant environmental effects there of as identified in the final EIR. Council Member Demsher offered Ordinance No. 1688 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 (PD-1-84) . ORAL COMMUNICATIONS City Attorney Hays recommended that this meeting be adjourned to 4:15 P.M. , June 7, 1984, to consider some matters concerning the Churn Creek Road/- Highway 44 Overpass Assessment District. MOTION: Made by Council Member Demsher, seconded by Council Member Gard that the meeting be adjourned as recommended. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, Mayor Kirkpatrick declared the meeting adjourned to 4:15 P.M. , June 7, 1984, in the City Council Chambers. APPROVED: ayor ATTEST: City Clerk 6/4/84