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HomeMy WebLinkAboutMinutes - City Council - 1984-08-09 227 City Council , Special Meeting Police Dept. & Council Chambers Redding, California August 9, 1984 12 Noon The meeting was called to order by Mayor Kirkpatrick with the following Council Members present: Council Member Demsher, Pugh, and Kirkpatrick. Council Members absent: Fulton and Gard Also present were City Attorney Hays, Public Works Director Arness, Plan- ning and Community Development Director Perry, Director of General Services Masingale Associate Civil Engineer Aasen, City Clerk Nichols, and Minute Clerk Rupp. CHANGE ORDER - Upper Churn Creek Sewer Assessment District No. 1980-7 (A-170-100-850 and 6-050-020) Public Works Director Arness reviewed his memorandum to Council dated August 8, 1984. He stated that the sewer lines that will be installed for the subject assessment district were designed to serve only that area in the Redding Regional district. Mr. Arness advised that staff has reviewed with the Shasta Dam Area Public Utility District the possibility of their paying the oversizing costs to increase the carrying capacity of the lines which would provide service to their area. Mr. Arness explained that initially, staff recommended that the Shasta Dam Area PUD fund the oversizing; however, due to the complexity of developing a thorough and complete agreement for the transportation and treatment of sewage between the City and the Shasta Dam Area PUD, staff now recommends that the City advance the funds for the oversizing. He advised that the cost for oversizing is $28,000 and explained that the City would recover its money from the users of the system at such time as an agreement is reached between the City and Shasta Dam Area PUD. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher approving a change order to oversize the sewer lines for the Upper Churn Creek Sewer Assessment District No. 1980-7, at a cost of approximately $28,000. The Vote: Unanimous Ayes ADJOURNMENT There being no further business, at the hour of 12:05 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: Mayor ATTEST: City Clerk 8/9/84 249 Mr. Arness stated that based on the Planning Commission minutes and reports to the Planning Commission and City Council , he does not recommend removal of the barricade at this time. In response to a question from Mayor Kirkpatrick, Mr. Perry agreed that the Planning Commission determined that the barrier should remain until the completion of Dove Street or until the Planning Commission said it should be removed. Council Member Gard emphasized that development was occurring very fast in that area in 1977 and it is her opinion that the Planning Commission felt the completion of Dove Street would happen very quickly. Mr. Arness noted that staff is attempting to reinstitute assessment district proceedings for Polk Street. Walter Girving, 3745 Riverview Drive, said the barricade has pitted neighborhood against neighborhood and has taken up Council ' s time. He asked for the removal of the barricade on Valentine Lane and the paving of Polk Street. He also noted that people south of the barri- cade have no convenient public bus service and suggested that the route be relocated. Mr. Girving felt people south of the barricade are being discriminated against and he presented additional petitions asking for the removal of the barrier. Bill Ramsdell , 2990 Dove Street, said he was present in 1980 when the decision was made to leave the barrier until Dove Street is extended or completed. He said he is concerned that the decision will not be followed. He felt there are other alternatives that have not been evaluated. Mr. Ramsdell pointed out that there are potential environ- mental impacts by the shifting of traffic on Wyndham to other parts of the City. Nelle Cook, 3435 Riverview, said they own the property directly abutting the barricade. She felt the removal of the barricade would benefit numerous City service functions and would provide a reasonable circulation of traffic. Emerson Bilton, 2558 Wyndham Lane, emphasized the amount of vehicular and pedestrian traffic on Wyndham Lane. He felt the removal of the barrier would relieve much of the traffic on Wyndham Lane. He stressed that South Market and Wyndham is a very dangerous turn-off. Dale Telegan, 3065 Valentine Lane, felt it would not be right for the City Council to renege on a previous agreement. He said there are no curbs and gutters on Valentine Lane and traffic could not flow in a convenient manner. He asked that the barricade not be removed until Dove Street is developed. Margaret McMahan, 2.900 Valentine Lane, submitted a petition containing 168 names opposed to the removal of the barricade. She noted that many subdivisions have only one point of access. Mrs. McMahan empha- sized that Valentine Lane has sharp curves and is very narrow, without curbs and gutters. She said they do have sidewalks; however, they are forced to park on them because of the narrow street. She felt that the subdivision south of the barricade is obligated to solve their own access problems. Greg Beale, 3487 Lagoon Drive, said he was told by the developer of his property that the barricade would be removed imminently. He said the barricade has created an unsafe situation. He emphasized that the 9/4/84 250 traffic is very heavy on Wyndham Lane. Mr. Beale suggested that the barricade be removed on a temporary basis. Kathy Funderberg, 2545 Freebridge, said the traffic on Freebridge is hideous. She said there are no stop signs and cars drive at excessive speeds. Mrs. Funderberg said it would only be made worse by increas- ing the amount of traffic. She said most people who live in the northern section would be willing to give a little if they had some controls. She said they are scared for their safety and the safety of their children. Phil Carr, 1560 Fig Avenue, said he is representing his brother Kenneth Carr and other friends and relatives in the Weldon Street area. He said nothing has warranted the necessity of this hearing and emphasized the hearing was instigated by one person who misinterpreted a State Assembly Bill . Mr. Carr pointed out that the minutes state that the City Attorney indicated that this bill does not apply to the Valentine Lane situation. He said the Rivella Vista Subdivision should never have been approved without a second access and removal of the barricade now would only make a bad situation worse. Mr. Carr indicated that the residents to the south knowingly moved into a neighborhood that had only one access. He emphasized that the barri- cade should remain in place at this point in time. Ann Huber, 497 Weldon, noted that the barrier is never a problem to foot traffic. She thanked the Council for taking the time to consider this problem. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing be closed. The Vote: Unanimous Ayes Council Member Demsher pointed out that this is the fourth time Council has dealt with this matter since he has been a member. He said the barrier was set up to separate the older neighborhood from the new neighborhood, and protect the older neighborhood from an an inordinate amount of traffic. Mr. Demsher said the situation has not changed except that there are more houses on Wyndham Lane. He empha- sized that it would be a violation of trust to remove the barrier now and put 400 to 500 cars through the Valentine Lane neighborhood. Council Member Gard said she attended all the Planning Commission hearings on this matter and Mr. Harris, Planning Director at that time, did an extensive study on all kinds of access. She said the cost of a bridge and the acquisition of property is one of the reasons Council did not go for access to the south. She emphasized that the feeling was at that time that Dove Street was going to be completed fairly quickly. Ms. Gard expressed that she feels very strongly that all subdivisions should have more than one point of access. She said she is concerned about both neighborhoods but her main concern is for the safety of the residents , especially with the two bulk plants and the propane plant nearby. Council Member Fulton concurred that when the barrier was constructed it was felt that Dove Street would be completed before now and the Council was amiss in its action not to provide access for the people south of the barricade. He felt that the situation is different now than in 1977 but nothing has been done. Dr. Fulton emphasized that either way, the City will have problems. Council Member Demsher maintained that he does not feel there is any real danger to life and property because the barricade can be removed very quickly if necessary. 9/4/84 251 Council Member Pugh said what Council is really considering is moving traffic from one location to another. He said removal of the barrier would increase traffic on Freebridge and Dove Streets, and adding this amount of traffic could cause some severe problems. Mr. Pugh noted that the improvements that were done in the Freebridge area were accomplished with Community Development funds and were possible because of the low-income nature of the neighborhood. He said it is not suitable for any additional traffic and he sees no reason to remove the existing barrier at this time. Mr. Pugh suggested review- ing the assessment district for Dove Street and Polk Street. Council Member Gard emphasized that if the vote should go to leave the barrier, it is extremely important to enforce the "no parking" restriction in front of the barrier. She noted that the Police Department and Public Works should be aware of that. Mayor Kirkpatrick commented that everyone who has spoken tonight is right. He stated that all streets are paid for by all citizens of Redding and maintained by all . He said if we have problems then they should be solved as they arise. Mayor Kirkpatrick felt that residents on Wyndham Lane should not be expected to take the burden off Valen- tine. He commented that possibly an assessment district for the entire area would resolve the problem. Council Member Demsher reiterated that Council should stay with its original decision and should look for a more reasonable and permanent solution to the problem. Mayor Kirkpatrick pointed out that the Planning Commission has ap- proved the removal of the barricade. Council Member Demsher commented that the final decision is with the City Council . MOTION: Made by Council Member Demsher, seconded by Council Member Pugh to deny the request to remove the barricade on the south end of Valentine Lane. Voting was as follows: Ayes: Council Members - Demsher, Fulton, and Pugh Noes: Council Members - Gard and Kirkpatrick Absent: Council Members - None Mayor Kirkpatrick stated that this motion is approved and the barrier will remain. RECESS At the hour of 8:42 P.M. , Mayor Kirkpatrick declared a five minute recess. PUBLIC HEARING - re Rezoning Application RZ-12-84, by Frederick Pizzi (L-010-230Y The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-12-84, by Frederick Pizzi . 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 August 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. 9/4/84 252 Planning and Community Development Director Perry reviewed his memo- randum to Council dated August 31 , 1984. He stated that the Planning Commission has unanimously recommended rezoning of property located in the Jennifer Manor Subdivision from "R2-RT" Duplex Residential Dis- trict to "R-1 " and "R1 -ST" Single-Family Residential District and "U-F" Unclassified District. It is the recommendation of both the Commission and staff that the recommendation be approved, that the Negative Declaration be ratified and that staff be directed to prepare the ordinance upon recording of the final map. 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 the following findings be made relative to Rezoning Application RZ-12-84: 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 July 18, 1984. The Vote: Unanimous Ayes MOTION: Made by Council Member Pugh, seconded by Council Member Demsher authorizing the preparation of an ordinance upon recording of the final map for Jennifer Manor. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-13-84, by Gary Stokes (L-010-230) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-13-84, 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 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 advised that the applicant has requested a two-week continuation of consideration of this rezoning. He said the zoning recommended by the Planning Commis- sion incorporates development restrictions that the owner has been unable to communicate to prospective purchasers of the property. Accordingly, it is the recommendation of staff that the public hearing be continued to 7:30 P.M. , September 17, 1984. MOTION: Made by Council Member Demsher, seconded by Council Member Pugh that the public hearing concerning Rezoning Application RZ-13-84, by Gary Stokes , be continued to 7:30 P.M. , September 17, 1984. The Vote: Unanimous Ayes PUBLIC HEARING - re Rezoning Application RZ-14-84, by Thomas Riley (L-010-230) Council Member Pugh abstained from voting and discussion on this matter. 9/4/84 253 The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the public hearing re Rezoning Application RZ-14-84, by Thomas Riley. 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 August 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 August 31 , 1984. He stated that the Planning Commission unanimously recommended the rezoning of property located at 2124 and 2118 Branstetter Lane from "U" Unclassified District to "R3-40-B10-F" Multiple-Family Residential District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of both the Commission and staff that the property be rezoned to "R3-40-B10-F" , that the negative declaration be ratified and an ordinance be offered for first reading. 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 MOTION: Made by Council Member Gard, seconded by Council Member Demsher that Council make the following findings relative to Rezoning Application RZ-14-84, by Thomas Riley: 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 July 18, 1984. The Vote: Unanimous Ayes with Council Member Pugh abstaining Council Member Fulton offered Ordinance No. 1697 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-14-84) . PUBLIC HEARING - re Rezoning Application RZ-15-84, by the 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-15-84, by the 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 August 31 , 1984 9/4/84 254 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 August 31 , 1984. He stated that the Planning Commission unanimously recommended the rezoning of Quail Ridge Subdi- vision from "U" Unclassified District to "R-1" Single-Family Residen- tial District and "R-2" Duplex District. A map of the area was shown on the Vu Graph and Council was given a copy of the draft negative declaration. It is the recommendation of the Planning Commission and staff that the rezoning be approved as outlined, that the negative declaration be ratified, and an ordinance be offered for first reading. 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 Gard, seconded by Council Member Fulton that Council make the following findings re Rezoning Applica- tion RZ-15-84: 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 July 25, 1984. The Vote: Unanimous Ayes Council Member Demsher offered Ordinance No. 1698 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-15-84) . CONTINUED PUBLIC HEARING - re Appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, by Lowell J. Simons (S-100-707) The hour of 7:30 P.M. , having arrived, Mayor Kirkpatrick opened the continued public hearing re the appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, by Lowell J. Simons. 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 advised that a letter has been received from the applicant dated August 28, 1984, asking several questions relative to this appeal . Mr. Perry recom- mended that the hearing be continued for two weeks in order to have time to review the comments made and the questions asked. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that the public hearing relative to the appeal of Tentative Subdivision Map S-3-84, Stonegate Subdivision, by Lowell J. Simons, be continued to 7:30 P.M. , September 17, 1984. The Vote: Unanimous Ayes PUBLIC HEARING - re Abandonment Application A-7-84, by Boyce Muse (A-010-100) Planning and Community Development Director Perry recommended that due to inadequate posting of "Public Notice" of this proposed abandonment, that the meeting be rescheduled for October 1 , 1984. 9/4/84 255 MOTION: Made by Council Member Pugh, seconded by Council Member Fulton that Abandonment Application A-7-84, by Boyce Muse, be re- scheduled for 7:30 P.M. , October 1 , 1984. The Vote: Unanimous Ayes RESOLUTION - re Action Sports Promotions' Vulcan Tour Bicycle Classic (P-010-050 and P-030-250) City Attorney Hays submitted a resolution representing a request from Action Sports Promotions to prohibit parking and vehicular traffic during the Vulcan Tour Bicycle Classic race to be held September 20, 1984, through September 23, 1984. He advised that the event has been discussed in detail with the Police Department and the Department of Public Works. In response to an inquiry from Council Member Fulton, City Attorney Hays advised that the reason for the Stage 5 race being held on California Street is that the race is sponsored by the Downtown Mall Association. MOTION: Made by Council Member Pugh, seconded by Council Member Demsher that Resolution No. 84-194 be adopted, a resolution of the City Council of the City of Redding pertaining to the Action Sports Promotions' Vulcan Tour Bicycle Classic, prohibiting vehicular traffic and parking on several streets on the west side of the Downtown Redding Mall parking lot. Voting was as follows: Ayes: Council Members - Demsher, Fulton, Gard, Pugh, and Kirkpatrick Noes: Council Members - None Absent: Council Members - None Resolution No. 84-194 is on file in the office of the City Clerk. SUMMONS AND COMPLAINTS (C-090-100) City Attorney Hays advised that the following summons and complaints have been received: Jean Bowers by Attorney Patrick Beasley vs. City of Redding et al Geraldine Hubbard by Attorney John Barr vs. City of Redding et al Liese Heimbuch by Attorney John Barr vs. City of Redding et al SETTLEMENT OF CLAIMS (C-090-100) City Attorney Hays advised that the following claims have been settled by the City Insurance Carrier: Sue Wishon - Claim for Personal Injury filed 7/8/82 Settled in the Amount of $12,566.43 ORAL PRESENTATIONS *(W-030-550-700, E-120-070-425 and E-120-070-400) Electric Director Lindley introduced Dr. Emil Morhardt, of E.A. Engineer- ing, Science and Technology, Inc. , who is the City's consultant on environ- mental issues related to the Lake Redding and Lake Red Bluff Power Proj- ects. Dr. Morhardt gave a slide presentation on the effects of these two projects on the salmon and steelhead of the Sacramento River. Council Member Pugh commented that Dr. Morhardt and his organization were hired by the State as consultants on the Peripheral Canal project and therefore has great credibility, both on a teaching and technical basis for national and international projects. Mr. Lindley advised that the Electric Department has provided, and plans to continue to provide this presentation to any party which requests more information regarding the effects of the Lake Redding and Lake Red Bluff Power Projects on the Sacramento River salmon and steelhead. 9/4/84 256 ROUTINE REPORTS AND COMMUNICATIONS Pacific Gas and Electric Company: (S-050-350) Notice of Application to P.U.C. to Seek No Change in Gas Rates Public Utilities Commission: (S-050-350) Notice of Pacific Bell ' s Amended Application on Access Charges Civil Aeronautics Board: (F-200-078) Order on Essential Air Transportation, Modesto and Stockton Alcoholic Beverage License Application: (A-110-140) Mountain Mike' s (Robert Dickert) 40 Hartnell Avenue ADJOURNMENT There being no further business, at the hour of 9:20 P.M. , Mayor Kirkpatrick declared the meeting adjourned. APPROVED: ,LL, Mayor ATTEST: City Clerk 9/4/84