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HomeMy WebLinkAboutMinutes - City Council - 1984-07-02 181 City Council , Regular Meeting Police Dept. & Council Chambers Redding, California July 2, 1984 7:00 P.M. The Pledge of Allegiance to the Flag was led by City Attorney Hays. The invocation was offered by Pastor Warren Weaver, Retired. The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Fulton, Gard, and Kirkpatrick. Council Members absent: Demsher and Pugh Also present were City Manager Courtney, City Attorney Hays, Public Works Director Arness, Planning and Community Development Director Perry, Direc- tor of Electric Lindley, Associate Electrical Engineer Nichols, Housing and Redevelopment Administrator Henson, Senior Associate Planner Keaney, Executive Assistant Masingale, Associate Planner King, Accountant Sundin, Assistant Civil Engineer Murphy, City Clerk Nichols, and Minute Clerk Rupp. CONSENT CALENDAR The following matters were considered inclusively under the Consent Calendar: Approval of Minutes - Adjourned Regular Meeting of June 7, 1984 Regular Meeting of June 18, 1984 Adjourned Regular Meeting of June 25, 1984 Approval of Payroll and Accounts Payable Register (B-130-110) Recommend that Accounts Payable Register No. 25, check nos. 98616 through 99023 inclusive, in the amount of $3,067,107.83, be approved and paid, and Payroll Register No. 26, check nos. 192346 through 192995 inclusive, for the period June 3, 1984 through June 16, 1984, in the amount of $460,393.66 be approved. Total : 3,527,501.49 Claims for Damage and Personal Injury - 1st Hearing William Durfey, dba P & H Auto Parts - Claim for Damages filed 6/13/84 Recommend payment in the amount of $285.45 (C-090-020) Ronald G. Mygrant - Claim for Damages filed 6/15/84 Recommend payment in the amount of $350.00 (C-090-020) David Mullins, by Attorney Robert Simpson - Claim for Personal Injury filed 6/15/84 Recommend denial and refer to Insurance Carrier (C-090-050) Karol G. Martin - Claim for Personal Injury filed 6/22/84 Recommend denial and refer to Insurance Carrier (C-090-050) Richard Randall - Claim for Damages filed 6/22/84 Recommend denial (C-090-020) Michael T. Albarran - Claim for Damages filed 6/29/84 Recommend denial (C-090-020) 7/2/84 182 Award of Bid - Electric Power Metering Equipment (B-050-100) City Manager recommends that Bid Schedule No. 1544, electric power metering equipment, be awarded to the evaluated low bidder, General Electric Supply Company for the fiscal year 1984/85. Award of Bid - Aluminum Underground Cable (B-050-100) City Manager recommends that Bid Schedule No. 1545, aluminum under- ground cable, be awarded to the low bidder, Canada Wire, c/o Electro Rep, in the amount of $93,263.04, sales tax included. Resolution of Intention - Abandonment Application A-3-84, by Frank Wilson (A-010-100) Planning Director recommends that Resolution No. 84-133 be adopted, a resolution of the City Council of the City of Redding declaring its intention to vacate and abandon street right of way on Park Marina Drive approximately 400 feet north of Locust Street (A-3-84) , and setting a public hearing for 7:30 P.M. , August 6, 1984. Set Public Hearing - Appeal of Variance Application V-13-84, by Lee Funderburg (L-010-030) Planning Director recommends that a public hearing be set for 7:30 P.M. , July 16, 1984, to consider the appeal of Variance Application V-13-84, by Lee Funderburg. Resolution Accepting Streets and Acceptance of Improvements - Parkwood Estates Subdivision, Unit No. 2 *(5-070-230 and S-100-583) Public Works Director recommends that improvements in Parkwood Estates Subdivision, Unit No. 2, be accepted as satisfactorily completed, and the City Clerk be instructed to return the securities to the devel- oper. It is further recommended that Resolution No. 84-134 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation portions of Belcrest Drive and Edgewood Drive in the Parkwood Estates Subdivision, Unit No. 2. Resolution Accepting Streets and Acceptance of Improvements - Redding Valley View Estates Subdivision, Unit No. 1 *(S-070-230 and S-100-760) Public Works Director recommends that improvements in the Redding Valley View Estates Subdivision, Unit No. 1 , be accepted as satisfac- torily completed, and the City Clerk be instructed to return the securities to the developer. It is further recommended that Resolution No. 84-135 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Stonethrow Court, Brookridge Drive and Valleyridge Drive in the Valley View Estates Subdivision, Unit No. 1 . Resolution - Ordering Abatement of Property located at 1171 , 1175, and 1181 Hartnell Avenue, owned by William and Betty White (A-030-070) City Attorney recommends that Resolution No. 84-136 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 7/2/84 183 1171 , 1175, and 1181 Hartnell Avenue (owned by William and Betty White) . Resolution - Ordering Abatement of Property located at 405 Grove Street, owned by the Small Business Administration (A-030-070) City Attorney recommends that Resolution No. 84-137 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 405 Grove Street (owned by the Small Business Administration) . Resolution - Ordering Abatement of Property located at 1801 East Cypress Avenue, owned by Carol J. Knighten (A-030-070) City Attorney recommends that Resolution No. 84-138 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 1801 East Cypress Avenue (owned by Carol J. Knighten). Resolution - Ordering Abatement of Property located at 1517 Willis Street, owned by June D'Allain Allhands (A-030-070) City Attorney recommends that Resolution No. 84-139 be adopted, a resolution of the City Council of the City of Redding approving the report and findings of the Board of Appeals and ordering the abatement of the unsafe and unsightly building and debris on the property at 1517 Willis Street (owned by June D'Allain Allhands). Extension of Permit -Shasta Kart Klub (C-070-100 and A-090-100) City Attorney recommends that Council approve a one-year extension of a permit which covers the operations of the Shasta Kart Klub at the Redding Municipal Airport. Lease Agreement - Hawes River Acres , Inc. (C-070-100) City Attorney recommends that Council approve a one-year extension of a lease commencing June 1 , 1984 and ending May 31 , 1985, under which Glenn Hawes will rent City-owned property near the Redding Municipal Airport in the total sum of $697.50. Lease Agreement - United Airlines (A-090-100-900) City Attorney recommends that Council approve a one-year lease agree- ment terminating September 1 , 1985, whereby United Airlines will utilize the terminal building at Redding Municipal Airport previously utilized by Pacific Express. Agreement - Between Lowell Simons, City of Redding and County of Shasta (C-070-200, S-070-100 and S-100-700) City Attorney recommends that an agreement be approved to accomplish the orderly development of property along Hartnell Avenue, whereby the Simmons will acquire from the County of Shasta and the City of Redding a piece of property for private road purposes which was originally attached to their piece of property and given to Shasta County for road purposes. He explained that in exchange for this piece of property, the Simons will place in front of the Enterprise Branch of the Shasta County Library the necessary improvements so that Hartnell 7/2/84 184 Avenue is properly paved along with the installation of curbs, gut- ters , sidewalks. MOTION: Made by Council Member Gard, seconded by Council Member Fulton, that all the foregoing items on the Consent Calendar be approved and adopted as recommended. Voting was as follows: Ayes: Council Members - Fulton, Kirkpatrick, and Gard Noes: Council Members - None Absent: Council Members - Demsher and Pugh Resolution Numbers 84-133, 84-134, 84-135 , 84-136, 84-137 , 84-138, and 84-139, are on file in the office of the City Clerk. WRITTEN COMMUNICATIONS Communication from Dorothy & Walter Gerving - re Assembly Bill 286 re Placement of Gates or Devices on Streets to Deny or Restrict Access (S-070 and L-040-300) A letter was received from Dorothy and Walter Gerving regarding recent legislation signed by the Governor that prohibits local authorities from placing gates or devices on streets to deny or restrict access to some people. They felt this bill relates to the Valentine Lane barricade. Walter Gerving, 3745 Riverview Drive, addressed Council and stated he believes the City is in violation of this legislation as it relates to the Valentine Lane barricade and felt some changes should be made. He emphasized that a petition was submitted by the majority of the people on the south side of Valentine Lane asking that the barricade be removed. Mr. Gerving pointed out that the street is complete and could be continuous if the barricade were removed. City Attorney Hays explained that this bill is not intended to make a change in the existing law but to codify the decision of the Court of Appeal in City of Lafayette vs. County of Contra Costa. He pointed out that the City of Lafayette sought to block the passage of some residents , while allowing others. Mr. Hays indicated that this does not apply to the Valentine Lane situation because it restricts all traffic and does not discriminate. He reiterated that this bill is not intended to make any change in the existing law. Council Member Fulton said he does feel it is time for a re-evaluation of the Valentine Lane situation and would like another report from staff. MOTION: Made by Council Member Fulton, seconded by Council Member Gard that a public hearing be scheduled within the next 60 days to re-evaluate the Valentine Lane barricade. The Vote: Unanimous Ayes Communication from Shasta County Commission on Aging - re Formation of City Commission on Aging (B-080 A letter was received from Olive Young of the Shasta County Commission on Aging, requesting that Council consider the possibility of forming a City Commission on Aging, one of whose members would then serve on the County Commission. Mrs. Young was present and further explained that this Commission is an advisory board to the Shasta County Board of Supervisors. She said their Commission has contributed greatly to many senior programs and would like to improve their work by establishing a cooperation between Redding, Shasta County, and Anderson. Mrs. Young proposed that a City 7/2/84 185 Commission be formed by both Redding and Anderson and one member of these commissions be appointed to serve on the Commission on Aging, as a direct link between the three agencies. She reviewed some of the long range goals of the Commission and advised that the Board of Supervisors has indicated they would be in favor of this addition. Council Member Gard pointed out that the City already has the Senior Citizens Facility Advisory Commission and is greatly involved with funding of senior programs. Council Member Kirkpatrick suggested that the City may want to review the structuring of the existing Commission and see if something could be worked out. Council Member Gard noted that if a new commission was considered, possibly the City should look into representation from other senior groups. Ms. Gard felt that the City may already be addressing seniors' problems. Council Member Fulton suggested appointing someone to the Shasta County Commission without starting a whole new commission. With the concurrence of Council , Mayor Kirkpatrick referred this matter to staff for review and recommendation. Petition from Property Owners on Niles Lane - Objecting to Power Transmission Line (E-090-160) A petition was received from property owners on Niles Lane objecting to a proposed electric power transmission line down Niles Lane. Electric Director Lindley suggested that this matter be referred to staff for report back to Council at its next regular meeting on July 16. With the concurrence of Council , Mayor Kirkpatrick referred this matter to the Electric Director for report and recommendation. Letter from Merrill & Patricia Gayman - re 115 KV Transmission Line in the Churn Creek Bottom Area (E-090-160) A letter was received from Merrill and Patricia Gayman objecting to the proposed route for the 115 KV transmission line which would cross the Churn Creek Bottom area. With the concurrence of Council , Mayor Kirkpatrick referred this matter, along with the petition from property owners on Niles Lane, to the Electric Director for report and recommendation. APPOINTMENT - Civic Arts Commission (B-080-100) Mayor Kirkpatrick recommended that Judith Knowles, 2604 Freebridge Street, and Cindy Neves, 6741 Southgate Drive, be appointed to serve on the Civic Arts Commission for four-year terms ending May 1 , 1988. MOTION: Made by Council Member Gard, seconded by Council Member Fulton approving the appointments to the Civic Arts Commission as stated above. The Vote: Unanimous Ayes ORDINANCE - Rezoning Application RZ-4-84, by City of Redding (L-010-230) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1689 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes 7/2/84 186 MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Ordinance No. 1689 be adopted, an ordinance of the City Council of the City of Redding amending Section 18.06.020 of the Redding Municipal Code relating to the rezoning of certain real property in the City of Redding (RZ-4-84) . Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh, Ordinance No. 1689 is on file in the office of the City Clerk. ORDINANCE - re Speed Limits on Certain Streets (T-080-750) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that full reading of Ordinance No. 1690 be waived and the City Attorney be instructed to read the full title. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Ordinance No. 1690 be adopted, an ordinance of the City Council of the City of Redding amending Chapter 11 .12 of the Redding Municipal Code by repealing Section 11 .12.010 in its entirety and substituting therefor a new Section 11 .12.010, pertaining to speed limits on certain streets. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh, Ordinance No. 1690 is on file in the office of the City Clerk. RECOMMENDATION RE SURPLUS PROPERTY - Hillcrest Place (C-070-200) Planning and Community Development Director Perry reviewed his memorandum to Council dated June 27, 1984. He stated that three property owners on Hillcrest Place have requested that the portion of the street which extends north of Foothill Boulevard be declared surplus and sold to them as illus- trated on the drawing entitled Option A. The land is owned in fee by the City. It is the recommendation of staff that the area be declared surplus and the City Attorney be authorized to dispose of the property according to the land sales as outlined and subject to the six conditions as listed in the staff report. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the area depicted on the map entitled "Surplus Property, Hillcrest Place" dated January 1984, be declared surplus property, and that the City Attorney be instructed to dispose of the property (Option A) , subject to the conditions and land sales as listed in the staff report. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-9-84, 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-9-84, 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 June 25, 1984 7/2/84 187 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 25, 1984. He stated that the Planning Commission has recommended rezoning of property located on the east side of June Street from "U" Unclassified District to "R3-30-B10-F." A map of the area was shown on the Vu Graph and Council was given a copy of the negative declaration. It is the recommendation of the Planning Commission and staff that the area be rezoned to "R3-30-B10-F" with the site plan review criteria listed in the proposed ordinance, that the negative declaration be ratified, and that an ordinance be offered for first reading. Mr. W. R. Richardson, 2196 Washington, said he owns three lots on June Street in the subject area. He asked why the City proposes to change the zoning. Mr. Perry advised the change is proposed so that the property will conform to the General Plan designation. It was the belief of Mr. Richardson that under the existing zoning, he would be allowed to place five units on his property; however, with the proposed zoning, he would not. He noted that he recently received an offer to purchase the property and the offer was contingent on constructing five units on the property. Mr. Perry explained that even with the existing zoning, he did not believe the property could be developed with five units. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes Council Member Gard pointed out that there were several discussions about June Street during the General Plan public hearings. Mr. Perry concurred and added that the density was increased from the original recommendation. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Council make the following findings re Rezoning Applica- tion RZ-9-84, by City of Redding: 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 June 12, 1984. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. 1691 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-9-84) . PUBLIC HEARING - re Rezoning Application RZ-10-84, 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-10-84, by City of Redding. 7/2/84 188 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 June 26, 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 June 26, 1984. He stated that the Planning Commission has recommended rezoning of property located generally north of Parkview Avenue and south of Locust Street between East Street and the ACID Canal . A map of the area was shown on the Vu Graph and Council was given a copy of the negative declaration. Mr. Perry explained that the recommended zoning utilizes classifica- tions that, for the most part, reflect actual land use. He said the existing offices for the City of Redding, State Department of Forestry, Fish and Game, and the Department of Motor Vehicles are proposed as "CO-20-B20-F" Office District. The Cypress Avenue front- age of Cypress School along with South City Park are also shown as "CO-20-B20-F" Office District. The City' s corporation yard, Caltrans' corporation yard, and the Pacific Telephone corporation yard on Locust Street are all proposed to be "C3-B20-F." The remaining lots fronting on the north side of Cypress Avenue, the east side of East Street, and both sides of Locust Street are proposed as "C-2-F" or "C2-B10-F" Central Commercial . Mr. Perry advised that subsequent to the Planning Commission meeting, a letter was received from Mr. Stephen Adams asking that a parcel he owns that fronts on both Locust and East Street be retained as "C-3." That portion recommended to be changed to "C-2" in the 150 feet adjacent to East Street where it was felt the long term use should be of a retail nature rather than service commercial . Mr. Perry noted that on this area is a laundry which is a use permit activity in either district. Mr. Perry indicated that at the Planning Commission meeting, the owner of Kathy's Pies also requested that his property be left as "C-3" so he could have the option of establishing a manufacturing activity. He said given the size of the property and its location, it is the opinion of both the Commission and staff that "C-2" is the appropriate classification and manufacturing should not be encouraged at this location. It is the recommendation of both the Planning Commission and staff that the area be rezoned as outlined on the map entitled "Recommended Zoning" subject to the site plan review criteria, that the negative declaration be ratified and an ordinance be offered for first reading. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the public hearing be closed. The Vote: Unanimous Ayes MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Council make the following findings re Rezoning Application RZ-10-84, by City of Redding: 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. 7/2/84 189 4. Project is compatible with the Code of the City of Redding, California. and, ratifies the Negative Declaration approved by the Planning Commission on May 22, 1984. The Vote: Unanimous Ayes Council Member Gard offered Ordinance No. 1692 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-10-84) . PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-3-84, by Lowell J. Simons (S-100-707) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re appeal of Tentative Subdivision Map S-3-84, by Lowell J. Simons. The following documents are on file in the office of the City Clerk: Affidavit of Mailing 7 Notice of Public Hearing Affidavit of Publication - Notice of Public Hearing The City Clerk advised that no written protests have been received and the Mayor ascertained that there were no protests from the floor. It was the recommendation of staff that this item be continued for two weeks, pending the approval of the County of a street vacation which may resolve the issues involved. MOTION: Made by CouncillMember Fulton, seconded by Council Member Gard that the public hearing be continued to August 6, 1984. The Vote: Unanimous Ayes CONTINUED PUBLIC HEARING - re Overcrowding at Shasta Union High School District � (L-010-170) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re overcrowding at Shasta Union High School District. The following documents are on file in the office of the City Clerk: Affidavit of Posting Notice of Continued Public Hearing Planning and Community Development Director Perry reviewed his memo- randum to Council dated June 18, 1984, which is incorporated herein by reference. He advised that the Shasta Union High School District has requested that development fees be imposed because an overcrowded condition exists. Mr. Perry said this matter was continued from the June 4, 1984, meeting, to allow staff to meet with representatives of the School District, the Board of Realtors, and Mr. Lloyd Osgood, to discuss several questions raised by these representatives. It is recommended that the City Council find that evidence indicates that the Shasta Union High School District is overcrowded for the 1984-85 school year and that the school fee schedule proposed by the School District be adopted subject to incorporation of a fee-waiver provision. If Council concurs, it is recommended that a resolution be adopted establishing these fees. 1 7/2/84 190 Mr. Lloyd Osgood, 2440 South Bonnyview, stated he has serious reser- vations about the accuracy of the data provided by the School District and for that reason he is objecting to the fee schedule proposed. He contended that the School District has not provided the required reports. Mr. Osgood said he does not dispute that at some point in time the school will become overcrowded but at the present time, it is not. In fact, he indicated that the attendance has fallen over the last two years. He asked that a more realistic fee schedule be adopted and pointed out that other people have raised some of the same questions that he has on this issue. Mr. Osgood asked that this hearing be continued and that the School District be requested to answer specific questions such as how many permits have been issued, how much money has been collected in fees thus far, how many students do they have enrolled, and what is their actual capacity. Mr. Len Wingate, attorney representing the Mary Lake development, advised that he has submitted some of his findings to staff and Council . He said he supports the need of schools to provide long range planning but felt a better method should be developed to support the schools. Mr. Wingate objected to the use of special development fees to construct or purchase school facilities. He felt school fees are an over-use of the fee process. Mr. Wingate emphasized that in some cases over $2,000 per dwelling unit is paid for school fees. Mr. Wingate pointed out that the School District is not an impartial body when they present their issues to Council and he is concerned that the facts they have submitted do not support their need. He noted that the average daily attendance figures, which are used by staff to make the findings of overcrowding, are considerably less than the actual enrollment. Mr. Wingate felt that so far, charging fees has been done in a very sloppy and haphazard manner and the School Districts have not supplied any of the reports required by the State. He contended that the first time home buyer should not have to bear the whole cost for funding schools. Alan Swanson, attorney representing Shasta Union High School District, referred to the reports mentioned by Mr. Wingate and Mr. Osgood. He said until the last 90 days , there has not been enough money in the account to make a report. He noted that another report is due in October and he is sure it will be filed. Mr. Swanson said the census data supports the findings that there are .22 high school students in each residence. He noted that the fee is a graduated one. Mr. Swanson said the question of average daily attendance versus enrollment is a difficult one and added that the "ADA" is always lower than the enrollment. But, he said, the school must still provide a desk for each student enrolled. Mr. Swanson pointed out that without the fees, they would not have the portable buildings which alleviate the overcrowded conditions. He asked that the Shasta Union High School District be given the same consideration and the same findings be made as Grant and Shasta Lake Union Elementary School Districts. Mr. Wingate pointed out that the State uses "ADA" figures for planning purposes for construction of new facilities. Nancy Schultz, a staff member from the district, stated that she prepared the report for the District and it was done as carefully and closely to the City's outline as possible. Ron Mygrant, 4414 Saratoga, said he has read both Mr. Osgood's reports and the School District's reports and he concurs that some serious 7/2/84 191 discrepancies exist. He said it is easy to add fees, in many cases 50 to 100%, and for Council to add this to the new home buyer is a serious matter. Mr. Mygrant urged Council 's diligent attention to this matter and asked that no further burden be placed on an already horrendous problem of people being priced out of housing. MOTION: Made by Council Member Fulton, seconded by Council Member Gard that the public hearing be closed. The Vote: Unanimous Ayes In response to an inquiry from Council Member Fulton, Mr. King said he felt the .2.2 high school students per dwelling unit is accurate and is in accord with the 1980 census. He said the figures given by Mr. Wingate do not include the "feeder" factor from the elementary schools. Council Member Gard emphasized that the subject of who should pay for schools is a philosophical one. She said she has some serious con- cerns about what "front loading" of housing is doing to the housing market; however, since the passage of Proposition 13, this is one of the few alternatives left to fund schools. Resolution MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Resolution No. 84-140 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Shasta Union High School District, subject to the fee-waiver condition. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh Resolution No. 84-140 is on file in the office of the City Clerk. REZONING APPLICATION RZ-3-84 - by Al Naticchioni (L-010-230) Planning and Community Development Director Perry reviewed his memorandum to Council dated June 28, 1984, which is incorporated herein by reference. He stated that after the close of the public hearing on June 18, 1984, Council referred this rezoning application back to the Planning Commission for report and comment. The referral was in response to a proposal submit- ted by the applicant not previously considered by the Planning Commission. Mr. Perry indicated that the applicant' s revised proposal includes estab- lishing the following standards for development of the property in order to offset some of the neighbors concerns: 1 . A minimum lot width of 80 feet 2. A minimum lot area of 11 ,000 square feet 3. An average lot area of 12,000 square feet 4. A 30-foot building setback along the west property line 5. Varying setbacks along an interval street in a planned subdivi- sion 6. Willingness to participate in an assessment district for the realignment of Quartz Hill Road After reviewing the material , Mr. Perry advised that the Planning Commis- sion, by a 3 to 1 vote, recommended approval of the proposal provided the "B" District is amended to require 80-foot-wide lots. The Commission did not feel that deed restrictions were the appropriate vehicle to use. He noted that two of the Commissioners were not at the previous meeting and the two that were had voted differently. 7/2/84 192 Mr. Perry outlined the options available to Council . In response to a question concerning the history of the General Plan in the area, Mr. Perry advised that the original General Plan was adopted in 1970 and amended in 1983. He said both General Plan classifications allowed 14 dwelling units on this property. Mr. Perry continued to say that the key issue in the future is that a change to smaller lot sizes will create a precedent. Mr. Diaz, representing the applicant, asked if the land owners in the area introduce new information, will the matter be referred to the Planning Commission. City Attorney Hays advised it does not have to but it may. Mayor Kirkpatrick pointed out that the public hearing has been closed, however, if the neighbors and the applicant have spokesmen, they may make comments. Mr. Warren Lytle, 2944 Quartz Hill Road, representing the neighborhood, asked all the neighbors present who were opposed to the rezoning to stand. Approximately 25 people stood. Mr. Lytle said these neighbors wish to retain the present nature of the neighborhood. He said Mr. Diaz has contended that the average distance between the existing homes is around 30 feet. Mr. Lytle said his wife has determined that only four homes are less than 40 feet and 16 homes had over 100 feet between them, for an average of 119 feet. He emphasized that the density of the existing neighborhood is no comparison to Mr. Naticchioni ' s project. Mr. Lytle presented a video recording of the area pointing out the existing density, terrain, and vegetation. Mary Steinfeld, 2966 Quartz Hill Road, advised that the neighbors have agreed to apply for an General Plan Amendment in this area for two units per acre. She submitted the application, boundary maps, and the $450 application fee. Mr. Diaz, representing the Naticchioni ' s, advised that they have met with the neighbors to discuss the issues. He said the property owners are concerned about setbacks , traffic, the impact on rural life styles, and they do not want curbs, gutters , and sidewalks. Mr. Diaz said they propose a 30 foot setback on the west property line by deed restriction. He said they also propose a variance of setbacks along the street because of the sensitivity to the land and to allow for the growth of new vegetation. Mr. Diaz emphasized that the developer will preserve the major forms of vegetation to the degree possible. He pointed out that their proposal would have an effective density of 2.5 units per acre and added that the County General Plan density in the area is 3 units per acre. He pointed out that in 1975, when the Naticchioni ' s purchased the property, the designation was 3.5 units per acre, and in 1983, 3 units per acre. Mr. Diaz stated that this proposed project would provide curbs, gutters and sidewalks, help employment, implement the General Plan, provide water utilities and a connection with the Sulphur Creek sewer trunk line. He also predicted that the project would not increase traffic significantly. Mr. Diaz maintained that the problem is not being created by the applicant. He felt the project is compatible with the existing terrain and did not feel that the Quartz Hill area is considered a rural area. Mr. Diaz 7/2/84 193 advised that property owners representing 110 acres are in favor of the rezoning. Council Member Gard said she disagrees that this area is not rural . She said she has serious concerns about nibbling away at the zoning in these rural areas. Ms. Gard pointed out that neighbors from the Quartz Hill area have been before us several times this past year expressing this concern. She was concerned about setting a precedent and felt the City should decide if it is going to hold the line or not. Ms. Gard emphasized that regardless of what happens tonight, Council needs to ask the Planning Commission to look at the General Plan again and ask the County to look at their General Plan in the area. Council Member Kirkpatrick emphasized that it is very difficult when opposing views, come before Council , knowing that both sides are sincere. He noted that it is unfortunate that the other two members of Council are not present to help resolve the issue. He added that the Planning Commis- sion had not been unanimous in its decision. Council Member Fulton felt that the compromise proposed by the applicant was realistic and the rezoning is in compliance with the General Plan. MOTION: Made by Council Member Gard, seconded by Council Member Kirkpatrick that Rezoning Application RZ-3-84, by Al Naticchioni , be denied. Voting was as follows: Ayes: Council Members - Gard and Kirkpatrick Noes: Council Members - Fulton Absent: Council Members - Demsher and Pugh TENTATIVE SUBDIVISION MAP S-9-84 - Jennifer Manor (S-100-350) Council was advised that the Planning Commission has granted permission to subdivide property described as Tentative Subdivision Map S-9-84, Jennifer Manor. A map of the area was shown on the Vu Graph. This was an informa- tion item and no action was required by Council . OVERCROWDING AT SHASTA LAKE UNION ELEMENTARY SCHOOL DISTRICT (L-010-170) Planning and Community Development Director Perry reviewed his memorandum to Council dated June 29, 1984. He stated that the Shasta Lake Union Elementary School District has requested that school impact fees be imposed to relieve overcrowded conditions for the 1984-85 school year. Mr. Perry advised that at the conclusion of the public hearing on June 4, Council found that the school district was overcrowded but continued consideration of adopting the proposed fee schedule until a uniform fee schedule for all the districts could be considered. He said it is the opinion of staff that this is not feasible. Mr. Perry pointed out the the school district is requesting that the City' s ordinance be amended to provide a reduced ratio of students-per-multiple- family units to .21 students per unit. He said, currently, the Municipal Code establishes .42 students per unit for both single-family units and multiple-family units for elementary school districts. Mr. Perry indicated that this reduction is based on a survey of occupied dwelling units by the school district. It is the recommendation of staff that an ordinance be offered for first reading implementing the reduced ratio and that a resolution be adopted establishing the fees for overcrowding for the Shasta Lake Union Elementary School District. 7/2/84 194 Resolution MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Resolution No. 84-141 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Shasta Lake Union Elementary School District. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh Resolution No. 84-141 is on file in the office of the City Clerk. Ordinance Council Member Fulton offered Ordinance No. 1693 for first reading, an ordinance of the City Council of the City of Redding amending Chapter 16.44 of the Redding Municipal Code by repealing Section 16.44.070 in its en- tirety and substituting therefor a new Section 16.44.070, pertaining to school overcrowding and number of students per residence. OVERCROWDING AT GRANT SCHOOL (L-010-170) Planning and Community Development Director Perry reviewed his memorandum to Council dated June 28, 1984, which is incorporated herein by reference. He stated that on June 4, 1984, the Council considered a request by Grant School District to impose development fees to relieve overcrowding. He said Council confirmed the district' s finding of overcrowding but continued consideration of adopting the proposed fee schedule to allow staff time to study the possibility of adopting a uniform fee schedule for all districts. Mr. Perry outlined the variable formula presently used to determine fee schedules. He said it is staff' s opinion that a uniform fee structure is not possible, as it could create an excess of fees for one district and a shortage for another since the districts are too diverse. Mr. Perry reviewed the evidence of overcrowding in Grant School District. He said, based on Council ' s action of June 4, it would be appropriate at this time to adopt the attached resolution to implement school fees for those portions of the Grant School District within the City- for 1984-85. Mr. Perry pointed out that the Grant School District is considering chang- ing its boundaries to exclude the Mary Lake project and in this event, the City would be collecting no fees. He noted that the Mary Lake project is the only area within Grant School District that is in the City limits. Council Member Gard clarified that Council action is based on the current boundaries. Mr. Perry concurred and added that if this does occur, a re-evaluation will take place. Resolution MOTION: Made by Council Member Fulton, seconded by Council Member Gard that Resolution No. 84-142 be adopted, a resolution of the City Council of the City of Redding establishing fees for overcrowding for the Grant Elementary School District. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh Resolution No. 84-142 is on file in the office of the City Clerk. REQUEST TO SELL BEER - Softball Park (A-110-100) Parks and Recreation Director Riley advised that the Parks and Recreation 7/2/84 195 Commission has recommended that the Chamber of Commerce be given permission to sell beer during their annual softball game at the Redding Softball Park on August 9, 1984, subject to the conditions as listed in the staff report. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick approving the request of the Chamber of Commerce to sell beer at the Redding Softball Park, August 9, 1984, subject to the conditions as listed. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - Demsher and Pugh REQUEST FOR WINE TASTING BENEFIT - Pocket Park (Old City Hall ) (A-110-100) Parks and Recreation Director Riley advised that the Parks and Recreation Commission has recommended that the Shasta Exceptional Aquatics organiza- tion be given permission to hold a wine tasting benefit in the Pocket Park on Market Street on Saturday, July 28, 1984, subject to the conditions as listed in the staff report. MOTION: Made by Council Member Fulton, seconded by Council Member Kirkpatrick approving the request of the Shasta Exceptional Aquatics to hold a wine tasting benefit in the Pocket Park on July 28, 1984, subject to the conditions as listed. Voting was as follows: Ayes: Council Members - Fulton and Kirkpatrick Noes: Council Members - Gard Absent: Council Members - Demsher and Pugh PUBLIC WORKS PLANNING REPORTS - July 1984 (A-050-300) Public Works Director Arness presented the Public Works Planning Reports for July, 1984. NORTH VALLEY FITNESS CENTER - Review of Drainage (S-070-200) Public Works Director Arness reviewed his memo to Council dated June 27, 1984, which is incorporated herein by reference. Mr. Arness said it is the opinion of staff that the developer has complied with the requirements of the Public Works Department in regard to handling the drainage across the street frontages of the adjacent properties. It is also felt that raising the elevation of the Fitness Center property did not remove any area which might have previously taken drainage from 3215 School Street because the existing fence at that time formed a dam prohibiting the movement of water between the parcels. This was an information item and no action was required. RESOLUTION ACCEPTING STREETS AND ACCEPTANCE OF IMPROVEMENTS - Sunshine Homes Subdivision, Unit No. 2 (S-070-230 and S-100-725) MOTION: Made by Council Member Gard, seconded by Council Member Fulton that the improvements in the Sunshine Homes Subdivision, Unit No. 2, be accepted as satisfactorily completed, and the City Clerk be instructed to return the securities to the developer. The Vote: Unanimous Ayes MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Resolution No. 84-143 be adopted, a resolution of the City Council of the City of Redding accepting for maintenance and operation Carol Jean 7/2/84 196 Court, a portion of Cirrus Court and Victor Avenue south of Galaxy, North to Churn Creek Road in the Sunshine Homes Subdivision, Unit No. 2. Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh, Resolution No. 84-142 is on file in the office of the City Clerk. SECURITY PROGRAM CONTRACTS (B-050-100) City Attorney Hays reviewed his memorandum to Council dated June 29, 1984, which is incorporated herein by reference. He reviewed the City' s locally adopted purchasing system and submitted a copy of Chapter 4.20 of the Redding Municipal Code relating to the bidding process. Mr. Hays pointed out that at the Council meeting of June 18, 1984, Mr. Mike Patti , repre- senting himself as the owner of Vantage Security, called into question the City' s procedure with regard to contracts for security services at the Redding Municipal Airport, Benton Airpark and the Downtown Mall . Mr. Hays explained that North State Security possesses the contract for security in the Downtown Mall , Redding Municipal Airport and Benton Airpark. He said this contract contains a provision for automatic renewal each year. These contracts were awarded prior to the establishment of Vantage Security. Mr. Hays commented that whether or not it would be advantageous for the City to again seek bids with regard to security services is a difficult question to answer. He said possibly the best way to answer that question is to call for bids. Mr. Hays pointed out that if that is done and Vantage Security Service comes in as an apparent low bidder, there is some question as to whether or not the City could enter into a contract with them since the business is owned in part by a City employee. Mr. Mike Patti , owner of Vantage Security, asked Council if this contract will go to bid. He said it is his understanding that the only way it would not go to bid is if there is a ruling not to. Mr. Patti contended that his company is supposed to be on the City bid list and when he asked to see the list, there was none. He asked when this issue will be resolved and when these contracts will go to bid. Mayor Kirkpatrick explained that this matter is before Council as informa- tion at this time and no determination will be made this evening. He advised that the matter will be placed on the next agenda for a decision. URGENCY ITEM - Power Sales Contract with Western Area Power Administration (E-120-900) Electric Director Lindley advised that it is necessary for Council to consider Supplement No. 2 to the City of Redding's power sales contract with the Western Area Power Administration. MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Supplement No. 2 to the City's contract for power sales with the Western Area Power Administration, be declared an urgency item and there- fore be placed on the agenda for consideration. The Vote: Unanimous Ayes Resolution MOTION: Made by Council Member Gard, seconded by Council Member Fulton that Resolution No. 84-144 be adopted, a resolution of the City Council of the City of Redding authorizing the execution of Contract Supplement No. 2 for electric service to the City of Redding, with Western Area Power Administration. 7/2/84 197 Voting was as follows: Ayes: Council Members - Fulton, Gard, and Kirkpatrick Noes: Council Members - None Absent: Council Members - Demsher and Pugh, Resolution No. 84-144 is on file in the office of the City Clerk. ROUTINE REPORTS AND COMMUNICATIONS Alcoholic Beverage License Applications: (A-110-140) El Pollo Bandito, The Chicken Bandit (John Sherwood) 1135 Pine Street, #101 ADJOURNMENT There being no further business, at the hour of 9:50 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: 1/9 lir ayor ATTEST: City Clerk 7/2/84